Guardian
 
Call us on: +1 (281) 570 2605  
Terms and Conditions from Guardian Global Technologies
 
 
Guardian Global Technologies terms and conditions

1. Acceptance of Order
All orders from ‘Purchaser’ are accepted by Guardian Global Technologies Ltd, hereinafter referred to as ‘Guardian, and all shipments of ‘Goods’ made on the condition that these Terms & Conditions, hereinafter referred to as the ‘Terms’, constitute the sole agreement between Purchaser and Guardian for the supply of said Goods. These terms shall apply to the sale of all Goods whether or not a copy of the terms is supplied with or prior to the supply of said Goods. The issue of a purchase order number by Purchaser confirms acceptance of these terms and no wording to the contrary in any purchase order or other document originated by purchaser will have the effect of negating or altering this clause and these terms and conditions unless such alteration is explicitly agreed by an executive director of Guardian.

2. Quotations
All quotations issued are valid for the period shown on the quotation. The quotation number should be quoted on all purchase order(s) issued by Purchaser. Quoted prices include Ready Box Kits but not standard hand tools. Quoted prices do not include VAT, Duties (when applicable) delivery or packing unless explicitly stated.

3. Price & Delivery
The price charged for Goods shall be that shown on an applicable quotation, provided that Purchaser issues a purchase order within the period of validity of the quotation. If the valid period of the quotation has expired then the price charged shall be the price applicable on the day of dispatch.

Any discrepancies in the order confirmation should be communicated to Guardian not more than seven days from the date of the order confirmation. Guardian reserves the right to make reasonable charges in the event that Purchaser changes an order after this period. The amount of such charges shall be solely decided by Guardian and shall cover materials and supplies ordered to fulfil the order but subsequently not used and an amount to cover any work carried out on the order.

Guardian will make every attempt to comply with the dispatch date given in the applicable quotation for Goods, but shall not be liable for any losses whatsoever by purchaser, in the event of late or non-delivery. Late delivery shall not confer on Purchaser the right to repudiate the contract to purchase the Goods, unless the Goods remain un-delivered for a period from the date of receipt by Guardian of Purchaser’s purchase order in excess of three times that quoted for delivery or such other period as agreed between the parties. In the event that Purchaser wishes to cancel an order goods outstanding for a period greater than three times that quoted for delivery, a written request for cancellation must be submitted to Guardian.

Notification of damage or shortage should be made to Guardian in writing within seven days of the date of delivery. Notice of non-delivery should be made within ten days of the date of dispatch documentation.

4. Minimum Order Value
The minimum value invoiced for any single purchase order shall not be less than 50 GBP or 75 USD excluding shipping and ancillary charges.

5. Cancellation and Variation of Order
After the issuing of an Order Confirmation by Guardian, an order may be cancelled only with the written agreement of Guardian and upon payment by Purchaser of reasonable charges to covers costs incurred by Guardian in execution of the order, to include an appropriate amount for profit by Guardian.

An order may be varied only with the written agreement of Guardian and the placement by Purchaser of an order to cover all costs of the variation. Any deposits paid on orders may be retained by Guardian in the event that an order is amended or cancelled.

6. Partial Shipment and Partial Invoicing of Orders
Unless otherwise agreed in writing, Guardian reserves the right to make partial shipments against client purchase orders and invoice based on those partial shipments at any time prior to an agreed delivery date. Terms to the contrary in Client PO’s or other documentation do not supersede this clause.

7. Payment and Credit Terms
Clients with approved credit accounts (Credit Levels 1 and 2) are subject to the terms shown below under the applicable credit level.

Purchasers without an approved credit account (Credit Level 3) shall provide full payment of funds with order and Guardian shall be under no obligation to perform any work in execution of an order until such cleared funds are received. For Credit Level 3 clients a guaranteed letter of credit underwritten by a major UK bank is acceptable as payment. All charges in executing the letter of credit shall be met by Purchaser.

Guardian reserves the right to charge interest at a rate equivalent to the HSBC base rate plus 5% pa from the date an account is due until the date of payment.

Any discount offered for quantity or volume purchases shall remain available only if payment for the discounted invoice reaches Guardian NO LATER than the due date shown on the invoice.

Any account holder who fails to pay a correctly submitted invoice within their agreed credit terms or who fails to notify Guardian’s Accounts department of any cause of non-payment within a reasonable time will be required to pay in advance of shipment for future orders until such time as good credit is re-established.

All Non-Recurring Engineering (NRE) charges must be paid in full before any engineering work commences.

All rental invoices are due for payment on receipt.

Credit Level 1
● 30 days credit terms as standard on all Guardian equipment sales including rentals;
● Lease-purchase agreements will be for no longer than 12 months and require a 25% deposit;
● Third party products included in a PO may require to be paid in full with initial order;
● For client specific products a 30% deposit is required with initial order;

Credit Level 2
● 20 days credit terms are available on all Guardian equipment sales (excludes rentals);
● Lease-purchase agreements will be for no longer than 12 months and require a 50% deposit;
● Third party products included in a PO will require to be paid in full with initial order;
● For client specific products a 50% deposit is required with initial order, 20% at a time from the date of PO not exceeding half the quoted delivery period and 30% on 20 days credit;

Credit Level 3
● Orders will be accepted on the following payment terms – 30% deposit with order, 20% at a time from the date of PO not exceeding half the quoted delivery period and 50% prior to shipment;
● Lease-purchase agreements are not available;
● Third party products included in a PO will require to be paid in full with initial order;
● For client specific products an 80% deposit is required with initial order with 20% prior to shipment;
● Rentals require three months advance rental payment prior to shipment; thereafter payable 1 month in advance.

8. Title & Risk
Title in Goods supplied by Guardian shall pass to Purchaser only on receipt of full payment for Goods supplied under any and all orders. Risk shall pass to Purchaser upon either delivery of Goods to common carrier or upon notification to Purchaser that Goods are packed and available on Guardian’s shipping dock for collection by Purchaser. NO INSURANCE is provided once risk passes to Purchaser and therefore Purchaser is strongly advised to instigate appropriate insurance cover for the full replacement cost of the Goods.

9. Specification
The Goods shall be supplied to specification as per Guardian technical documentation and data sheets and any other applicable documents signed by an executive director of Guardian. Any claim for non-conformance must be given in writing by Purchaser within 14 days of receipt of Goods. Guardian is under no obligation to accept claims for non-conformance submitted outside this time-limit.

10. Safety & Use of Equipment
It is recognised by both Guardian and Purchaser that the Goods may be used in a hazardous and dangerous environment over which Guardian has no control. Whilst general guidelines for safe use of the Goods are given in the applicable Operations and Maintenance Manual, these guidelines cannot cover all eventualities encountered in the field. Purchaser agrees that at all times it remains the responsibility of the user to establish, in each case, that the Goods are fit for purpose and can be used safely and further agrees that no person(s) shall be permitted to use or operate the Goods unless that person has been suitably and properly trained both in general oil-field safety and the safe use, maintenance and operation of the Goods.

11. Use of Manuals and Technical Documentation
Manuals and other technical documentation supplied with the Goods may contain proprietary and confidential information. Purchaser may make a reasonable number of copies of documentation for use only by Purchaser’s personnel in operations and maintenance of the Goods, but otherwise may not copy, store, reproduce or transmit by electronic or any other means any part of any documentation supplied with or in connection with the Goods. Purchaser agrees to treat all documentation in an appropriate manner and not to allow access to any of the information by a third party without the prior written consent of an executive director of Guardian. Purchaser agrees not to reverse engineer any of the Goods nor to attempt to procure any third party to reverse engineer any of the Goods. Purchaser further agrees not to use any of the information provided by Guardian in whatever form for the benefit of itself or any third party without the prior written consent of an executive director of Guardian.

12. Limit of Liability
The limit of liability of Guardian for damages to Purchaser or damages brought by a third party against Purchaser or liability under warranty shall under no circumstances exceed the value of the contract.

13. Hold Harmless
Purchaser agrees to hold harmless and indemnify Guardian against all claims, suits, damages, costs and liabilities arising from purchase, possession, transport, use, maintenance or repair of the Goods, including the injury or death caused to any Purchaser or third party personnel occasioned or in any way connected with the Goods, including incidental and consequential losses.

Guardian agrees to hold harmless Purchaser from all direct, but not incidental, consequential or third party claims arising from infringement of patent or intellectual property rights in connection with the design or manufacture of the Goods. The limit of liability of Guardian under this clause shall under no circumstances exceed the value of the contract.

14. Warranty
Guardian warrants its products to be free from defective workmanship or materials for a period of 1 year from date of shipment and to be in conformance to agreed specification in writing. As Goods may be put to a variety of uses by Purchaser over which Guardian has no control, no warranty, either express or implied, is made in connection with fitness for purpose of the Goods. Purchaser shall satisfy himself that Goods are appropriate to meet his requirements. Any Goods which Purchaser claims to be defective within 1 year from date of delivery should be returned to Guardian at Purchasers expense and will, at Guardian’s discretion, be repaired or replaced free of charge. This warranty does not include items purchased by Guardian for incorporation in the Goods and which are supplied with a lesser warranty, nor to any items supplied by purchaser for inclusion in the Goods.

Fragile items, such as scintillation crystals, accelerometers and photo-multipliers are only warranted to work on delivery to Purchaser. A list of items excluded from a full 1 year warranty is available on request. Guardian reserves the right to reject any claim under this warranty should, in the opinion of a director of Guardian, the Goods appear to have been tampered with or repairs attempted by persons other than Guardian technicians. The foregoing does not preclude the competent repair and maintenance of equipment by a trained and experienced technician in the employ of, or contracted to, Purchaser.

Where Goods are supplied to Purchaser under a sub-contract manufacturing agreement for sale by purchaser to third parties, Guardian shall warrant only that the Goods work on delivery to Purchaser.

15. Import Duties, Taxes & Export Restrictions
All customs duties, import taxes, withholding taxes and tariffs shall be met by Purchaser. Guardian shall have no liability whatsoever arising from the failure of Purchaser to pay such costs.

Purchaser shall obtain and prove to Guardian the existence of all necessary import/export permissions prior to shipment of Goods by Guardian. If taking delivery of Goods in the UK, Purchaser agrees not to export Goods to any territory where UK or US government or EU regulations restrict the exportation of goods or technology without first obtaining the necessary permissions.

16. Order of Priorities
Terms and conditions applicable to any purchase by Purchaser shall be applied in the following order:
1. Any specific terms offered in writing by Guardian to Purchaser;
2. Specific terms noted on a Guardian quotation or Order Confirmation;
3. These Guardian General Terms and Conditions;
4. Any terms specified in Purchaser's order or purchaser's general terms and conditions;

17. Insurance, Packing & Carriage
All goods are supplied FCA (Guardian, Pyle or Guardian Houston as per the quotation) in accordance Incoterms 2010 unless otherwise agreed.

18. Force Majeure
Guardian shall have no liability whatsoever to Purchaser in the event of non-fulfilment of the contract due to any cause outside the control of Guardian.

19. Manufacturing Files
Guardian shall have no liability for losses or costs occasioned by errors, misprints, poor printing or other ambiguity in any manufacturing file, data or drawing supplied to Guardian by Purchaser for the purpose of manufacturing items to Purchaser’s design.

20. Rental / Lease Purchase Agreements
Purchaser agrees to indemnify Guardian against loss or damage to the Goods from the time they arrive at Purchaser’s location to the time they are returned to a Guardian location.

During the period that the Goods are in the possession of Purchaser, Purchaser shall be liable for all damage to or loss of the Goods, however caused. If the Goods, or any part of them suffer total loss, is lost-in-well or suffers damage, which in the opinion of Guardian renders them irreparable, Purchaser shall pay to Guardian the full replacement price prevailing at the time of loss or damage. If the Goods or any part of them remain in a well in excess of 60 days they shall be deemed to be lost and Purchaser shall be liable to pay the full replacement value within 20 days of invoice by Guardian. Any discounts which would apply to the normal purchase of the equipment shall apply in the case of loss of the Goods but only on the basis that any invoice is settled in full by its due date. Once payment is received by Guardian, title in the Goods shall pass to Purchaser. The lost or irreparable Goods shall remain on rental until full payment for them has been received by Guardian with no allowance for credit terms made.

Purchaser undertakes to notify Guardian immediately the Goods or any part of them becomes lost-in-well or damaged in such a manner so as to make them potentially irreparable.

Invoicing and payment for rental Goods shall be made in whole numbers only of the quoted period with no allowance being made for unused portions of any given rental period. i.e. if a rental quotation is provided for monthly periods, the rental for the Goods will be invoiced in whole months only. If the Goods are returned after three months and one week, four month’s rental charges will be due.

21. Repair of Equipment
Equipment sent to Guardian for repair and for which no Purchase Order is received within six months of the provision of a repair quotation must be collected by Purchaser at Purchaser’s expense. Any equipment which has not been collected by Purchaser within 12 months of the provision of a repair quotation may be scrapped by Guardian without reimbursement to Purchaser.

22. Jurisdiction & Waiver
This agreement shall be construed under the laws of England & Wales and Purchaser irrevocably submits to this jurisdiction

Should any clause or part thereof within these Terms be held invalid it shall be considered severable and the remaining Terms and the remaining part of the clause shall be unaffected and shall not be considered invalid or unenforceable.

The failure of Guardian at any given time to enforce any clause of these Terms shall not act as a waiver of its right to enforce that clause nor preclude it from subsequently enforcing that or any other clause.

 
   
Useful information to do with Guardian Global technologies
 

Training
Training can be performed by Guardian engineers and technicians either during organised training schools or at a client's location.

 

Technical Manuals
Guardian engineers and technicians understand that the product forms only part of the service which their client's require and we aim simply to provide the best technical documentation in the business.

Our colour operations and maintenance manuals follow a standard format for ease of use, and contain full operational, disassembly/assembly, servicing and trouble-shooting information. To request a particular manual please email :
techsupport@ggtg.net

Useful contacts
 

Sales:
>
Email: sales@ggtg.net

Technical support:
>
Email: techsupport@ggtg.net

Recruitment:
>
Email: recruit@ggtg.net

Accounts:
>
Email: finance@ggtg.net