Legal
Terms & Conditions – IT Asset Management
Effective as of February 2026
In these Conditions:
“Conditions” means the terms and conditions applicable to the Contract as set out in this document.
“Contract” means the contract between the ITAD Provider and the Customer, incorporating and constituted by the Order and these Conditions.
“Customer” means the company, business, firm or person or persons described as such on the Order.
“Data Destruction Only Service” means the data destruction service to be provided by the ITAD Provider to the Customer in respect of the Goods, and does not include the Refurbishment Service;
“Goods” means the Customer’s goods which are subject to the provision of the Service.
“ITAD Provider” means Getech Limited: a company incorporated in England and Wales under company number 02436537 and registered at The Solutions Centre, 53-57 Knightsdale Road, Ipswich, Suffolk, IP1 4JQ.
“Order” the Customer’s purchase order form or the Customer’s written acceptance of the ITAD Provider’s Service description. References to Orders made electronically or to electronic transactions means Orders made through the ITAD Provider’s website, either through a Customer-specific standalone remote ordering system or through the ITAD Provider’s general e-commerce ordering processes.
“Refurbishment Service” means the Data Destruction Only Service and additional refurbishment services to be provided by the ITAD Provider to the Customer in respect of the Goods;
“Service” means either the Data Destruction Only Service or the Refurbishment Service, as identified and described in the Contract, to be provided to the Customer by the ITAD Provider or an authorised service provider acting on the ITAD Provider’s behalf.
1. General
1.1
Any Orders placed by the Customer and accepted by the ITAD Provider as done so on the basis of these Conditions, which supersede any other terms in the ITAD Provider’s brochures or elsewhere, and shall override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in any Order or communications accompanying any such Order, or in any negotiations and/or course of dealing established between the ITAD Provider and the Customer.
1.2
These Conditions shall not be varied or added to by reference, incorporation or otherwise unless such variation or additions have been made by express written agreement between the ITAD Provider and the Customer. The signing by the ITAD Provider of any of the Customer’s documentation shall not imply any modification of these Conditions
1.3
The Order constitutes an offer by the Customer to purchase the Service in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate. All Orders are subject to acceptance by the ITAD Provider.
1.4
For the purposes of these Conditions, communications made between the ITAD Provider and the Customer by electronic mail shall be regarded as being made in writing and signed by the party sending the electronic mail communication.
1.5
The ITAD Provider reserves the right to correct any clerical or typographical errors made by its employees at any time, and any such errors shall not form part of the Contract.
2. Prices
2.1
The prices for the Service are those set out in the Order.
2.2
The ITAD Provider shall at any time be entitled to increase the prices for the Service if:
(a)
the Customer alters its specification or instructions after the date of the Service description or the ITAD Provider otherwise has to alter, modify or otherwise carry out any additional services;
(b)
there is an increase in the cost to the ITAD Provider of providing the Service by reason of any foreign exchange fluctuations, alterations in any taxes or duties, variations in any costs of components or labour or transport, or by reason of any other cause whatsoever beyond the control of the ITAD Provider; or
(c)
if the pricing on the Order is an obvious and unmistakable error.
2.3
All prices quoted by the ITAD Provider are ex-works and are the net prices, and are therefore exclusive of Value Added Tax, currency exchange or banking charges (for foreign currency payments), other taxes, relevant duties and impositions (including all charges on consignment) and the Customer shall pay any and all taxes, charges, duties and/or other government charges payable in respect of the Service, together with the transport costs of the ITAD Provider valid from time to time for delivery of the Service.
3. Payment
3.1
If the sale is stated in the Order to be a cash sale, payment for Goods is due:
(a)
prior to the collection of the Goods by the ITAD Provider, or
(b)
if the Order states the Goods are to be delivered to the ITAD Provider by the Customer, prior to the Goods being released to the ITAD Provider by the Customer’s carrier.
3.2
If the sale is stated in the Order to be a credit sale, payment is due no later than thirty days after the date of invoice.
3.3
Without prejudice to the right of the ITAD Provider to payment in accordance with the Contract, the ITAD Provider shall, at its discretion, have the right to charge interest at the rate of 4% per annum above the Bank of England base rate in force from time to time in respect of all outstanding sums from the due date for payment until payment in full is received by the ITAD Provider. Such interest shall accrue daily.
3.4
If the ITAD Provider shall allow provisional credit or extend credit in respect of any part of the Service, it shall be without prejudice to its right to refuse to give up possession of any other part of the Service except against payment.
3.5
Where the Service is to be supplied, and the payment is to be made by instalments, the failure of the Customer to pay any instalment in due time shall entitle the ITAD Provider to treat such failure as a repudiation of the whole Contract with the Customer and to recover damages for any breach of Contract.
3.6
If payment is overdue, in whole or in part, the whole of any amounts outstanding to the ITAD Provider shall immediately become payable whether or not such monies should have been payable at that time but for the provisions of this clause.
3.7
The Customer may not withhold payment of any amount due to the ITAD Provider by reason of any right of set-off or counterclaim which the Customer may have or allege to have for any reason whatsoever.
3.8
Time of payment by the Customer is of the essence of the Contract.
4. Performance of Service
4.1
The Service shall be deemed performed on completion of the performance of the Services in accordance with the Order.
4.2
Following completion of the Service, the ITAD Provider shall notify the Customer and provide appropriate evidence of such Service having been completed.
4.3
The ITAD Provider is not responsible for the recovery of any data from the Goods or components thereof at any point during the delivery of the Service.
5. Warranty
5.1
The ITAD Provider does not provide any form of warranty unless explicitly incorporated in the Service description or the Order. The ITAD Provider’s liability under any warranty offered is conditional upon:
(a)
the Goods corresponding with any description given by the Customer in all material respects;
(b)
the Goods being in a working condition and not having been subjected to any abnormal or improper use or modification by the Customer; and
(c)
the Goods having been properly stored and used by the Customer or their designated recipients.
5.2
The ITAD Provider will not be liable for any delay or failure to perform the Service, nor for any breach of any warranty incorporated in the Service description of the Order, where such delay, failure or breach is directly or indirectly caused or contributed to by:
(a)
a breach of the Customer of any of its obligations under the Contract;
(b)
the Customer’s negligence or other unlawful act or omission;
(c)
any event or sequence of events beyond the ITAD Provider’s control; or
(d)
the Service having been provided in accordance with any specification, instruction, requirement or design of the Customer.
5.3
All warranties and conditions in respect of the Service, whether expressed or implied and whether arising by common law, statute or otherwise, shall be deemed to be excluded under the Contract to the extent permitted by applicable law.
6. Goods Specification
6.1
The Customer shall provide accurate descriptions of the Goods and shall be responsible for any discrepancies in the Goods.
6.2
If there are discrepancies in the Goods provided by the Customer to the ITAD Provider and the description of the Goods provided by the Customer:
(a)
the Goods will be held securely by the ITAD Provider or its nominated agent, and the Customer will be required to provide further instruction within thirty days of notification;
(b)
where no instruction is provided within thirty days of notification, the ITAD Provider reserves the right to invoice the Customer for the return of the Goods; and
(c)
if the Customer does not authorise payment for the return of the Goods or fails to provide any other reasonable instructions within a further thirty days, the ITAD Provider reserves the right to take ownership of the Goods.
6.3
Where Goods are modified as part of the Service to meet the Customer’s specification, instruction, requirement or design, the Customer undertakes full responsibility for the suitability and accuracy of the specification, instruction, requirement or design, and shall indemnify the ITAD Provider in full and on demand for any loss the ITAD Provider suffers or incurs in connection with any infringement of any patent, registered design, trade mark, trade name, copyright or any other intellectual property or similar rights.
7. Collections and Re-deliveries of Goods
7.1
Where the ITAD Provider collects Goods prior to the Service and/or re-delivers Goods to the Customer after the Service, such collections and deliveries will only be to the ground floor of the location set out in the Order, unless otherwise agreed in writing. Such Goods shall be collected or delivered by any means chosen by the ITAD Provider, unless it is otherwise agreed in writing.
7.2
If the Customer or its designated recipient fails to make Goods available for collection or fails to take re-delivery on the specified date, except when the failure or delay is caused by the act or omission of the ITAD Provider, the Customer will be liable for all related costs and expenses.
7.3
The ITAD Provider shall use its reasonable endeavours to meet any specific collection or re-delivery dates stated in the Order, but such dates are indicative only and the ITAD Provider shall not be liable for failing to meet such dates. Time for collection or re-delivery of the Goods shall not be of the essence of the Contract.
7.4
Where Goods are lost or damaged in transit, two clear days’ notice is required to be given to the carrier of such loss or damage. The Customer shall notify the ITAD Provider of such loss or damage in transit within two days of re-delivery or non-delivery to the location set out in the Order to enable the ITAD Provider to notify the carrier of the claim.
7.5
Where Goods are to be delivered or collected by the Customer, the ITAD Provider shall notify the Customer of the availability of the Goods by written notice. Such Goods shall be delivered or collected within seven days of the date of such notice of availability. Failure to comply with this clause shall entitle the ITAD Provider to repudiate the Contract and the Customer shall be liable for any costs, losses or expenses arising.
8. Risk in Goods
8.1
For the Data Destruction Only Service, risk in the Goods shall pass to the ITAD Provider:
(a)
upon collection from the Customer in the event the ITAD Provider collects the Goods itself; or
(b)
upon completed delivery to the ITAD Provider’s premises in the event the Goods are collected and delivered by a third-party carrier.
8.2
For the Refurbishment Service, risk in the Goods shall pass to the ITAD Provider:
(a)
upon collection from the Customer in the event the ITAD Provider collects the Goods itself; or
(b)
upon completed delivery to the ITAD Provider’s premises in the event the Goods are collected and delivered by a third-party carrier, and, in each case, such risk shall remain with the ITAD Provider up until re-delivery by the ITAD Provider to the location set out in the Order or collection of the Goods by the Customer or a third-party carrier, whichever is earlier.
8.3
The ITAD Provider shall not be liable for any loss of any kind to the Customer arising from any damage to the Goods occurring before risk has passed to the ITAD Provider or after the risk has passed to the Customer howsoever caused, nor shall any liability of the Customer to the ITAD Provider be diminished or extinguished by such loss.
9. Title in Goods
9.1
For the Data Destruction Only Service, title in the Goods shall pass to the ITAD Provider upon completion of the Service.
9.2
For the Refurbishment Service, title to the Goods shall remain with the Customer.
9.3
Where the title of any items comprised in the Goods has been transferred to a third party by the Customer as part of, or subsequent to, the Service offered by the ITAD Provider, the transfer of title will be between the Customer and the third party, with the ITAD Provider holding no claim nor can be held liable for the Goods.
9.4
The Customer warrants and represents to the ITAD Provider that it owns the Goods at the time the Contract comes into force and will retain ownership until completion of the Service.
9.5
The Customer shall indemnify the ITAD Provider in full and on demand for any losses the ITAD Provider suffers or incurs in connection with any breach by the Customer of clause 9.4 of these Conditions.
10. Cancellation
10.1
No cancellation or postponement of delivery of all or any part of its order by the Customer shall be effective unless communicated in writing to and agreed in writing by the ITAD Provider.
10.2
In the event of such cancellation or postponement being made in accordance with the terms of clause 10.1 of these Conditions, the Customer may be liable for any transport costs incurred by the ITAD Provider if insufficient notice was provided to enable the cancellation of transport services.
11. Computer Software
11.1
For the purpose of these Conditions, “Software” shall mean all operating systems, compilers, utilities, service software and other programmes and associated documentation used or provided by the ITAD Provider.
11.2
All Software used for the Service will be compliant with the ITAD standards advertised, and licenses will be held by the ITAD Provider and not transferable.
11.3
The Customer undertakes with and warrants to the ITAD Provider that it is entitled to the licensing required to support any requested deployment of Software, as defined in the Service description.
12. Limitation of Liability
12.1
Nothing in these Conditions shall limit or exclude the ITAD Provider’s liability for:
(a)
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b)
fraud or fraudulent misrepresentation; or
(c)
any other matter in respect of which it would be unlawful for the ITAD Provider to exclude or restrict liability.
12.2
Subject to clause 12.1 of these Conditions:
(a)
the ITAD Provider shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of income or revenue, loss of data, loss of business, loss of anticipated savings, or any indirect or consequential loss arising under or in connection with the Contract; and
(b)
the ITAD Provider’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, losses caused shall not exceed the price paid for the Service.
13. Patents, Trade Marks, etc.
The Service is sold subject to the rights of any person, whether in respect of any patent, trademark, registered design, copyright, confidential disclosure or otherwise, howsoever to prevent or restrict the sale or use of the Service in any part of the world. The Customer will, in this respect, accept such title to the Service as the ITAD Provider may have.
14. Termination
If the Customer fails to take and pay for Service sold in accordance with the Contract, the ITAD Provider shall be at liberty to treat the Contract as repudiated without prejudice to the ITAD Provider’s right to recover from the Customer by way of damages any loss or expense which the ITAD Provider may suffer or incur by reason of the Customer’s default and the ITAD Provider shall be entitled to dispose of the Goods as they think fit and shall not be under any liability to account to the Customer for the price received therefor or otherwise.
15. Force Majeure
The ITAD Provider shall be relieved of all liability otherwise arising under these conditions to the extent that it shall be unable to carry out any of its obligations hereunder by reason of wars, strikes, lockouts, governmental controls or restrictions, nonavailability of goods or personnel or any other cause whatsoever beyond the ITAD Provider’s control.
16. Forbearance
No forbearance, indulgence, time or relaxation on the part of the ITAD Provider granted to the Customer in respect of any of these Conditions shall in any way affect, diminish, restrict or prejudice the rights or powers of the ITAD Provider under any Contract or operate as or be deemed to be a waiver of or any breach by the Customer of any of these Conditions.
17. Notice
Any notice given under or pursuant to the Contract may be sent by hand or by post or by registered post or by recorded delivery service or transmitted by electronic means or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the face hereof or such other address as the party may by notice to the other have substituted therefore shall be deemed validly and effectively given on the day when in the ordinary course of the means of transmission it would first be received by the addressee in normal business hours.
18. Severance
18.1
If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of the Contract shall not be affected.
18.2
If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
19. Third Party Rights
A person who is not a party to the Contract shall not have any rights under or in connection with it.
20. Proper Law
Any Contract between the ITAD Provider and the Customer shall be governed by and construed in accordance with English Law and the Customer submits to the jurisdiction of the English Courts. Still, the ITAD Provider may enforce any judgment in any Court of competent jurisdiction.