Terms and Conditions

Business Terms and Conditions Version 7.2

Effective from 12th September 2024

The following sales and delivery terms shall apply between International Push to Talk Ltd with offices at Sunburst House, Elliot Road, West Howe Industrial Estate, Bournemouth, United Kingdom, BH11 8JP (iPTT) and the purchaser.

1. Definitions

In these terms and conditions the following definitions apply:

1.1 We, us, our, ours and iPTT refer to international Push to Talk Ltd (registered in England and Wales under company number 10531672) and with its registered address at Sunburst House, Elliot Road, West Howe Industrial Estate, Bournemouth, United Kingdom, BH11 8JP);

1.2 Customer, you, your and yours refer to the purchaser of any goods from us;

1.3 Contract means these terms and conditions together with your order confirmation;

1.4 Goods, products and equipment means any products or services you order from us;

1.5 Quotation means a quotation for the sale of goods to you;

1.6 Order means an order placed by you with us for the purchase of goods;

1.7 Electronic Communications Services (ECS) Regulatory Framework details can be found on OFCOM's website;

1.8 SIM means Subscriber Identification Module;

1.9 SMS means Short Message Service;

1.10 MMS means Multimedia Messaging Service;

1.11 Order confirmation means our acceptance of your order;

1.12 Intellectual property rights mean all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

1.13 Website means our website at https://www.iPTT.co.uk;

1.14 Contact Email address is info@iPTT.co.uk;

1.15 Contact Phone number is 01202 240 366; and

1.16 You Can find our Contact Details at Contact iPTT.

2. Quotation, acceptance, and order confirmation

2.1 Our quotation for a specific requirement other than daily price files shall be issued in writing and shall remain valid for a period of 7 (Seven) days following the date specified on it;

2.2 All orders for goods shall be regarded as an offer by you to purchase goods on these terms and conditions;

2.3 We will accept your offer to purchase goods under these terms and conditions by issuing an order confirmation at which point the contract between us will become binding;

2.4 An order confirmation is binding except where there is a discrepancy between order confirmation and what you ordered, and the discrepancy is unacceptable to you in which case you must inform us within 3 (Three) working days;

2.5 Whilst we will make every effort to supply you with the goods listed on the order confirmation, there may be occasions where we are unable to supply these goods because, for example, (i) the goods are no longer being manufactured or available or (ii) if there was a pricing error. In such circumstances we will contact you to inform you and give you the option of reconfirming your order at the correct price or cancelling the order; and

2.6 We may change these terms and conditions at any time. We therefore advise you to regularly check the terms and conditions of our website. Any changes will apply to any orders that you place after the time that we update the terms and conditions on our website.

3. Reservations for goods not in stock

3.1 Unless otherwise stated, a quotation or order confirmation from us for goods not available from our own stocks shall be subject to availability, and all quotations shall be subject to the prevailing laws relating to import and export of goods. Should these reservations become relevant, we reserve the right to revoke our quotation and cancel the order and you will not be entitled to make any claims whatsoever in respect of our inability to process your order.

4. Price and Payment

4.1 The prices stated on our website are inclusive of packaging and exclusive of VAT, freight charges and any other duties (including customs and import duties);

4.2 Unless otherwise agreed with us, you will pay for the costs of delivery as well as any additional charges that are deemed appropriate at the time of ordering;

4.3 Unless otherwise agreed you must pay for your order on cash with order terms and conditions; and

4.4 We shall be entitled to charge interest on overdue invoices from the date when payment becomes due until the date of payment at a rate of 5% (Five Percent) per month. We reserve the right to pass your debts to third parties for collection.

5. Description of the goods

5.1 Any details about the goods supplied are for information purposes only and are binding only when expressly referred to in your order confirmation; and

5.2 Any specific requirements that you make in connection with your order will only become binding when they are expressly referred to in your order confirmation and accepted in writing by us.

6. Delivery time and delays

6.1 All deliveries shall be made from our warehouse Ex Works (EXW) as defined by Incoterms 2020 issued by the International Chamber of Commerce;

6.2 Any delivery time stated in the order confirmation is an estimate only. Time for delivery shall not be of the essence of the contract and we shall not be liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the goods;

6.3 All deliveries must be received and signed for by you, one of your employees, or an individual authorised by you to accept delivery of the goods; and

6.4 You must examine all goods immediately upon receipt and notify us of any missing, incorrectly delivered, incorrect specification or otherwise not as ordered goods or which are either in damaged packaging or visibly damaged by notifying the courier and us in writing including photographic evidence at the time of delivery. You must notify us within 5 (Five) working days after delivery of any non-visible damage or defect in goods supplied otherwise you will be deemed to have accepted them. Please put to one side any reported goods including the packaging.

7. Risk transfer

7.1 The risk in the goods shall pass to you when they are made available at our warehouse for delivery by our carrier or for collection by your courier.

8. Title

8.1 Title to the goods shall not pass to you until we have been paid in full for the goods and all other sums owed by you to us. Exception to this rule are SIMs, please see paragraph 9 SIMs for more information;

8.2 Until title to the goods passes to you in accordance with clause 8.1 you agree to hold the goods and each of them on a fiduciary basis as bailee for us. You must store and insure the goods (at your cost) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property;

8.3 Notwithstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for the account of us;

8.4 You will with immediate effect assign to us all claims acquired on the resale of the goods to your customers or third parties corresponding to the amount due to us, including VAT, other duties, and freight charges, irrespective of whether you have paid the amounts owed to us for the goods. We shall be entitled to recover the price of the goods (plus VAT, other duties, and freight charges) notwithstanding that title in any of the goods has not passed from us;

8.5 Any such sale or dealing shall be a sale or use of our goods by you on your own behalf and you will deal as principal when making such sales or dealings. Until title in the goods passes from us the entire proceeds of sale or otherwise of the goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money; and

8.6 Until such time as title in the goods passes from us you will on request deliver up such of the goods as have not ceased to be in existence or resold by you. If you fail to do so we reserve the right to enter upon any premises owned occupied or controlled by you where the goods are situated and repossess the goods. On the making of such request your rights under clause 8.3 shall cease.

9. SIMs

9.1 Irrespective of clauses 8.1-8.6 iPTT always retains title for SIM cards provided and iPTT are the legal owners of the SIM cards; and

9.2 At the end of SIM contract, you must return the SIM to iPTT. If the SIM is not returned within 5 (Five) working days of the end of the SIM contract, a charge of £100 (One Hundred Pounds) per SIM applies; and

9.3 If the SIM is not returned to iPTT, the customer will incur an additional charge of £50 (Fifty Pounds) plus VAT every commenced 30 day period after the end of contract until the SIM has been received by iPTT; and

9.4 Should the SIM be lost or damaged, an additional charge of £100 (One Hundred Pounds) plus VAT per SIM applies; and

9.5 For SIMs on unlimited SMS text message plans, SMS text messages are subject to a fair use policy and any usage outside of the fair use policy will be charged. For SMS text messages outside the plan a charge of £20 (Twenty Pounds) plus VAT per SMS text message applies. For all MMS messages a charge of £40 (Forty Pounds) plus VAT per MMS message applies;

9.6 Unlimited calls are subject to a fair use policy and only standard numbers are included. For calls made and received outside the plan a charge of £50 (Fifty Pounds) plus VAT per minute applies;

9.7 Unlimited data plans are subject to a fair use policy and any usage outside of the fair use policy will be charged at £10 (Ten Pounds) plus VAT per MB;

9.8 Quotes for multi network SIM cards are based on normal and fair usage including up to approximately 4 (Four) hours of talk time per day equating to 250MB (Two Hundred Fifty megabytes) per month. For additional use over and above this data limit, data use will be charged at £10 (Ten Pounds) plus VAT per MB;

9.9 For SIM tariff changes a charge of £25 (Twenty Five Pounds) plus VAT per SIM applies; and

9.10 SIMs are for UK use only unless specified. Should you require SIMs to connect outside the UK, please contact iPTT before using the SIM outside the UK. Should you use the SIM outside the UK a daily charge of £50 (Fifty Pounds) plus VAT applies;

10. Electronic Communications Services (ECS)

23.1 By purchasing or hiring any device which connects to ECS you undertake to make every reasonable measure to prevent unlawful, fraudulent, illegal, or immoral use which would be illegal, unlawful, fraudulent, or immoral which could impair, interfere with, or damage any person, the Mobile Network, ECS and the laws of England or any combination thereof. You are also obliged to use all reasonable endeavours to comply with and ensure compliance with all authorisations, laws, licenses, directions, codes, or regulations relevant to the provision of ECS and connection of devices to the Mobile Network.

11. Warranties and Liability

14.1 You must satisfy yourself as to the suitability of the goods for their purpose. We do not warrant fitness for any particular purpose;

14.2 We make no warranty that the goods supplied will operate without errors or interruptions or that all software errors which might occur will be remedied;

14.3 For a period of 30 (Thirty) working days from delivery of the goods we agree that we shall replace or repair defective goods provided that you give us written notice of the defect within the time limit stated, you return the defective goods to us at your own cost and risk, and having inspected the goods we are satisfied that the defects found are due to defective materials or workmanship;

15.1 We shall not be liable to you for any loss or damage where there is no breach of a legal duty owed to you by us, where such loss or damage is not reasonably foreseeable to us when we accept your order, or to the extent that any increase in loss or damage results from a breach by you of any term of the contract;

15.2 We shall not be liable for any consequential losses such as loss of business profits, loss of earnings or any other type of indirect losses.

12. General Terms

26.1 Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us;

26.2 If one or several provisions of the present agreement shall be held to be invalid, illegal, or unenforceable, this shall not affect or prejudice the validity, legality, or enforceability of any other provision; and

26.3 These terms and conditions and our contract with you are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.

13. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Company: international Push to Talk Ltd. (iPTT)

Contact: Hans Becker

Email: info@iPTT.co.uk

Phone: +44 1202 240 366

Address: Sunburst House, Elliot Road, West Howe Industrial Estate, Bournemouth, United Kingdom, BH11 8JP

Company Number: 10531672 (England and Wales)