1.Third Party Software: computer operating systems, middleware, applications or other
software from a third party editor or licensor.
2.1 The quantity and description of the Products shall be as set out in Guardian Angel PC
Support 's quotation.
3. QUOTATIONS/ORDERS AND CHANGES
3.1 Guardian Angel PC Support quotations are valid for 7 days after the quotation date,
unless otherwise stated in the quotation.
3.2 All Orders for Products &/or Services shall be regarded as an offer by the Customer
to purchase Products &/or Services under the terms of this Agreement.
3.3 Guardian Angel PC Support accepts the Customer's offer to purchase under this
3.4 Guardian Angel PC Support reserves the right to increase its prices whilst supplying
non standard products/services to its Customers and will not allow cancellation of orders
for non standard Products after processing of Orders.
4. PRICE AND PAYMENT
4.1 The Price that Customers have to pay will be shown on Guardian Angel PC Support 's
4.2 The price for the Products shall be as stated on Guardian Angel PC Support‘s
invoices exclusive of any value added tax and all costs Guardian Angel PC Support
charges in relation to packaging, loading, unloading, carriage and insurance, all of which
amounts Customers shall pay in addition when Customers are due to pay for the
4.3 If prior to delivery Guardian Angel PC Support discovers an error in price
notification or if the price changes as a result of circumstances beyond Guardian Angel
PC Support 's control such as labour costs or materials costs or change in duty then
Guardian Angel PC Support shall be entitled to invoice the Customer at the changed
4.4 Time for payment shall be of the essence.
4.5 No payment shall be deemed to have been received until Guardian Angel PC Support
has received cleared funds.
4.6 All payments payable to Guardian Angel PC Support under the Contract shall become
due immediately on its termination despite any other provision.
4.7 Customers shall make all payments due under the Contract in full without any
deduction whether by way of set-off, counterclaim, discount, abatement or otherwise
unless Customers have a valid court order requiring an amount equal to such deduction to
be paid by Guardian Angel PC Support to Customers.
4.10 Payment shall be made before supply of Product or Service. Guardian Angel PC
Support may suspend delivery of Product or Service until full payment is received. If
Guardian Angel PC Support has delivered Product &/or Services & the Product &/or
Services remain neither paid for nor made available for collection when reasonably
demanded then Guardian Angel PC Support may recover the outstanding payment &/or
Product & the recovery costs are to be paid by the Consumer.
4.11 If agreed in advance in writing, Business Users may pay within 30 days of the date
of invoice. If Guardian Angel PC Support must recover the outstanding payment &/or
Product, recovery costs are to be paid by the Business User.
4.12 Guardian Angel PC Support charge a standard call out fee of £25+vat
4.13 Guardian Angel PC Support charge a standard diagnosis fee of £25+vat
5.1 Delivery of the Products shall take place at the delivery address stated in the Order
5.2 Customers shall take delivery of the Products within 7 days of Guardian Angel PC
Support giving Customers notice that the Products are ready for delivery.
5.3 Any dates specified by Guardian Angel PC Support for delivery of the Products are
intended to be an estimate and time for delivery shall not be made of the essence by
notice. If no dates are so specified, delivery shall be within a reasonable time.
5.4 Subject to the other provisions of these conditions Guardian Angel PC Support shall
not be liable for any direct, indirect or consequential loss (all three of which terms
include, without limitation, pure economic loss, loss of profit, loss of business, depletion
of goodwill and similar loss), costs, damages, charges or expenses caused directly or
indirectly by any delay in the delivery of the Products (even if caused by Guardian Angel
PC Support 's negligence), nor shall any delay entitle Business Users to terminate or
rescind the Contract unless such delay exceeds 180 days.
5.5 If for any reason Customers fail to accept delivery of any of the Products when they
are ready for delivery, or Guardian Angel PC Support is unable to deliver the Products on
time because Customers have not provided appropriate instructions, documents, licences
(a) risk in the Products shall pass to Customers (including for loss or damage caused by
Guardian Angel PC Support’s negligence);
(b) the Products shall be deemed to have been delivered; and
(c) Guardian Angel PC Support may store the Products until delivery, whereupon
Customers shall be liable for all related Guardian Angel PC Support costs and expenses
(including, without limitation, storage and insurance).
5.6 Customers shall provide at the Delivery Point and at Customer's expense adequate
and appropriate equipment and manual labour for loading the Products.
5.7 Guardian Angel PC Support may deliver the Products by separate installments. Each
separate installment shall be invoiced and paid for in accordance with the provisions of
5.8 Each installment shall be a separate Contract and no cancellation or termination of
any one Contract relating to an installment shall entitle Customers to repudiate or cancel
any other Contract or installment.
6. ACCEPTANCE OF PRODUCTS ON DELIVERY, "COOLING OFF" & RIGHTS OF
RETURN AND CANCELLATION
6.1 Customers should notify Guardian Angel PC Support promptly and within 48 hours
following delivery of any missing, incorrectly delivered, incorrect specification or
otherwise not as ordered Products or Products which are either in damaged packaging or
are visibly damaged; following discovery of any non-visible damage or defect in Product
6.2 Where Product can be returned to Guardian Angel PC Support by the Customer,
under the terms of this Agreement, a Customer must supply clear details of identity and
address when returning any items. In addition, all items should be made available for
collection at a time which is mutually convenient insofar as possible. Customers should
act reasonably in complying with a request by Guardian Angel PC Support to collect
Product at a particular time. Customers also need to ensure that goods are adequately
packaged to protect from potential damage whilst in transit, and obtaining proof of
collection from the courier will remain the responsibility of the Customer. Couriers are
not insured for the carriage of Product except at the customer's arrangement with the
courier. Guardian Angel PC Support is not liable for acts or omissions of the courier.
6.3 Certain items cannot be canceled once they have been delivered such as:
•Consumable items - i.e. batteries, printer cartridges, toner and media etc
•Third Party Software (specifically Microsoft unless part of a hardware product)
•Earpieces - ie mobile and hands free earpieces once opened
•Film or audio recorded on to DVD or CD or Tape that is protected by copyright
•Books or manuals that are protected by copyright
Unless faulty in which case exchange, repair or replacement may be available
6.4 Consumers may cancel their Orders for any reason until, but no later than:
6.4.1 the end of the 14th "working day" (not including weekends & public holidays) after
the date of delivery of the Product &/or of the Service; or
6.4.2 the end of the 14th working day after the date when all such information required
by law is supplied.
6.4.3 On cancellation of Software or Software Updates for Guide products, a refund will
be given only on receipt of one of the following:
•A valid de-activation code to prove that the Software has been deactivated from the
machine on which it was activated;
•The computer hard-drive from the computer on which the Software was activated
•Otherwise no refund can be made on cancellation of the Software.
6.5 Consumers' right to cancel Third Party Software that is supplied on CD, DVD or
other similar storage devices is also lost if the Software is unwrapped.
6.6 On cancellation of Products Consumer is obliged to return the Products to Guardian
Angel PC Support in their original condition, undamaged & at the cost of Consumer. A
Consumer shall take reasonable care to ensure that the Products are not damaged whilst
in transit using means arranged by Consumer. Whilst in possession of the Products, a
Consumer shall be under a duty to take reasonable care of them. Guardian Angel PC
Support shall take action against Consumers for Products returned which have been made
unfit for resale or damaged whilst in the possession of Consumer.
6.7 The provisions of Clauses 6.3 & 6.5 do not apply to Product or Software that is
damaged or defective on delivery.
6.8 On cancellation of the Order Guardian Angel PC Support will refund the price paid,
less the direct cost of recovering the Products (when applicable), within a period of 30
days from date of cancellation.
6.9 Notwithstanding anything herein to the contrary, Business Users may not cancel but
only reject Product for material non-conformity with the Product Description by
providing written notice to Guardian Angel PC Support within 48 hours after delivery or
otherwise shall be deemed to have accepted the Products.
7.1 The Products are at Customer's risk from the time of delivery.
7.2 Ownership of the Products shall not pass to Customers until Guardian Angel PC
Support has received in full (in cash or cleared funds) all sums due to it in respect of the
Products and all other sums which are or which become due to Guardian Angel PC
Support from Customers on any account.
7.3 Until ownership of the Products has passed to Customers, Customers shall:
(a) hold the Products on a fiduciary basis as Guardian Angel PC Support 's bailee;
(b) store the Products (at no cost to Guardian Angel PC Support) separately from all other
Products of Customer's or any third party in such a way that they remain readily
identifiable as Guardian Angel PC Support 's property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the
(d) maintain the Products in satisfactory condition and keep them insured on Guardian
Angel PC Support 's behalf for their full price against all risks to the reasonable
satisfaction of Guardian Angel PC Support. On request Customers shall produce the
policy of insurance to Guardian Angel PC Support
7.4 Customers may resell the Products before ownership has passed to it solely on the
(a) any sale shall be effected in the ordinary course of Customer's business at full market
(b) any such sale shall be a sale of Guardian Angel PC Support’ s property on
Customer's own behalf and Customers shall deal as principal when making such a sale.
7.5 A Customer's right to possession of the Products shall terminate immediately if:
(a) Customers have a bankruptcy order made against them or make an arrangement or
composition with creditors, or otherwise take the benefit of any statutory provision for
the time being in force for the relief of insolvent debtors, or (being a body corporate)
Customers convene a meeting of creditors (whether formal or informal), or enter into
liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for
the purpose only of reconstruction or amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed of Customer's undertaking or any part
thereof, or documents are filed with the court for the appointment of an administrator or
notice of intention to appoint an administrator is given by Customers or Customer's
directors or by a qualifying floating charge holder (as defined in paragraph 14 of
Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented
to any court for winding-up or for the granting of an administration order in respect of
Customers, or any proceedings are commenced relating to the insolvency or possible
insolvency of Customers; or
(b) Customers suffer or allow any execution, whether legal or equitable, to be levied on
Customer's property or obtained against Customers, or fail to observe or perform any of
Customer's obligations under the Contract or any other contract between Guardian Angel
PC Support and Customers, or are unable to pay Customer's debts within the meaning of
section 123 of the Insolvency Act 1986 or Customers cease to trade; or
(c) Customers encumber or in any way change any of the Products.
7.6 Guardian Angel PC Support shall be entitled to recover payment for the Products not
withstanding that ownership of any of the Products has not passed from Guardian Angel
7.7 Customers grant Guardian Angel PC Support its agents and employees an
irrevocable licence at any time to enter any premises where the Products are or may be
stored in order to inspect them, or, where Customer's right to possession has terminated,
to recover them.
7.8 Where Guardian Angel PC Support is unable to determine whether any Products are
the Products in respect of which Customer's right to possession has terminated,
Customers shall be deemed to have sold all Products of the kind sold by Guardian Angel
PC Support to Customers in the order in which they were invoiced to Customers.
7.9 On termination of the Contract, howsoever caused, Guardian Angel PC Support’s
(but not Customer's) rights contained in this condition 7 shall remain in effect
(Terms and conditions continued...)
8. STATUTORY RIGHTS, WARRANTIES, REPAIRS, REPLACEMENTS &
PROVISION OF SERVICES
8.1 All products are of satisfactory quality, fit for their purpose, correspond to description
and will retain functionality for a period of 30 days from the delivery date unless
specifically stated at time of purchase.
Guardian Angel PC Support will fulfill its legal obligations to repair &/or replace
Products. These obligations are dependent upon proper use of Products & do not cover
any parts of Products which have been modified or repaired without Guardian Angel PC
Support's prior written consent. Customers must allow ' Guardian Angel PC Support’s
technical staff reasonable access to their computer hardware for the purpose of
diagnosing problems and carrying out repairs. Such access may include remote desktop
support. If access is denied, then Guardian Angel PC Support has no liability under any
warranty in respect of computer hardware.
8.2 Guardian Angel PC Support’s obligations do not apply to the consumable
components of consumable items (such as toner in printer cartridges) or if a defect is
caused by an external cause such as fair wear & tear, software or hardware loaded onto or
connected to Product by Customer where this software or hardware has not been supplied
by Guardian Angel PC Support, an accident, hazard, humidity control, electrical stress or
other environmental conditions not commonly found in a safe home or office
8.3 Guardian Angel PC Support does not provide Service for Third Party manufactured
Software or Products but will pass to Customers, to the extent that it is permitted to do so,
the benefit of any warranty or guarantee given by the manufacturer or supplier of Third
8.4 Service may be provided via telephone (at the normal national rate) or Internet where
appropriate. Telephone calls may be recorded for training purposes. Customers must
provide Guardian Angel PC Support with all reasonable courtesy, information &
cooperation to enable Guardian Angel PC Support to deliver the Services & shall be
responsible for all telephone & postal charges in contacting Guardian Angel PC Support.
8.5 Guardian Angel PC Support makes repairs as required at law by using components
which are new or equivalent to new in accordance with industry standards and practice.
Products will be repaired using parts which will work for at least 90 days after the date
upon which they were installed.
8.6 Guardian Angel PC Support owns any Product or parts that are removed during
repair. Guardian Angel PC Support may require Customer to return removed parts to
Guardian Angel PC Support for reconditioning, analysis or for environmental reasons.
8.7 If Customer does not return removed parts Guardian Angel PC Support then may
charge a fee of which Customer will be informed prior to charge. The fee will reflect the
cost incurred by Guardian Angel PC Support in retrieving the part(s), &/or the cost of
procuring another component to recondition &/or arising from failure to comply with
environmental obligations as a result of the Customer's failure to return the Product or
8.8 The charge referred to in 8.7 above will not apply to Consumers returning defective
parts which have been replaced in accordance with statutory rights.
8.9 Before a Guardian Angel PC Support engineer begins any work, the Customer must
ensure that they have backed up any records, information, files, operating software, data,
or anything else on their computer system which could be affected. It is the Customer's
responsibility to ensure that if anything is deleted from or corrupted within their
computer system as a direct or indirect result of providing the service, they have copies
to replace them. Guardian Angel PC Support only undertakes work under this agreement
on this basis. If data on the Customer's computer system is affected as a direct result of
providing the service, Guardian Angel PC Support will attempt to restore this
information to their computer system. Guardian Angel PC Support does not accept any
other responsibility or liability for anything damaged, corrupted or lost from the
Customer's computer system which has not been backed up correctly
8.10 Products sold will be suitable for general use in a domestic, non commercial, non
research environment in a manner which is consistent with the specification, functionality
& service standards described in the Product's Description. Fitness for use in any other
manner or environment must be explicitly and clearly agreed (preferably in writing) with
Guardian Angel PC Support prior to purchase.
8.11 Guardian Angel PC Support will repair, or in the event that repair does not occur,
replace Product which is defective within a reasonable period & with reasonable care &
skill. This may only be varied to the extent reasonably agreed with the Consumer.
8.12 Business Users must satisfy themselves as to the suitability of the description for
their needs. Guardian Angel PC Support does not warrant fitness for any particular
purpose. Fitness for use in any particular manner or environment must be agreed in
writing with Guardian Angel PC Support prior to purchase.
8.13 Business Users are not automatically entitled to repair or replacement other than as
agreed by Guardian Angel PC Support. Guardian Angel PC Support shall have no
liability or obligation for defects in Products or failure to remedy defects except as
expressly provided under this Agreement.
8.14 Except as expressly provided herein, no warranty, express or implied as to the
condition, quality, performance, merchantability, or durability of the Products is given or
assumed by Guardian Angel PC Support & all such warranties are hereby excluded.
9. LIMITATION OF LIABILITY
9.1 Nothing in these conditions excludes or limits the liability of Guardian Angel PC
(a) for death or personal injury caused by Guardian Angel PC Support 's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Guardian Angel PC Support to exclude or
attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
9.2 If liability is established contrary to the intent of these conditions then, Guardian
Angel PC Support 's total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise, arising in connection with the
performance or contemplated performance of the Contract shall be limited to the Contract
price; and Guardian Angel PC Support shall not be liable to Customers for any pure
economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each
case whether direct, indirect or consequential, or any claims for consequential
compensation whatsoever (howsoever caused) which arise out of or in connection with
10.1 Each right or remedy of Guardian Angel PC Support under the Contract is without
prejudice to any other right or remedy of Guardian Angel PC Support whether under the
Contract or not.
10.2 If any provision of the Contract is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable,
unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness,
voidability, unenforceability or unreasonableness be deemed severable and the remaining
provisions of the Contract and the remainder of such provision shall continue in full force
10.3 Failure or delay by Guardian Angel PC Support in enforcing or partially enforcing
any provision of the Contract shall not be construed as a waiver of any of Customersr
rights under the Contract.
10.4 Any waiver by Guardian Angel PC Support of any breach of, or any default under,
any provision of the Contract by Customers shall not be deemed a waiver of any
subsequent breach or default and shall in no way affect the other terms of the Contract.
10.5 The parties to the Contract do not intend that any term of the Contract shall be
enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person
that is not a party to it.
10.6 The formation, existence, construction, performance, validity and all aspects of the
Contract shall be governed by English law and the parties submit to the exclusive
jurisdiction of the English courts.
11. DATA PROTECTION
11.1 Personal data obtained by Guardian Angel PC Support from the Customer shall be
held & processed in accordance with all applicable laws and consistently with Guardian
personal data with other Guardian Angel PC Support entities, agents and contractors
performing services for Guardian Angel PC Support.9 Guardian Angel PC Support may
also transfer personal data to affiliated companies or agents or contractors which may be
outside the European Economic Area (EEA), in which case Guardian Angel PC Support
will make such bodies aware of the obligation to safeguard personal data. For a copy of
Customer consents to the p Guardian Angel PC Support processing of the Customer's
personal data in accordance with the above.
12.1 Each party must treat all information received from the other which appears to be
confidential as it would treat its own confidential information generally, but at least, with
no less than a reasonable degree of care.
12.2 Information received from a Customer may be used to inform the Customer of
improvements to products and services and for marketing activities of the seller. If you
do not want to receive news or special offers then please click on this link to unsubscribe
from the service.
In the unlikely event that you have a complaint about any aspect of dealing with us please
telephone us as soon as possible on 0161 976 2450. We hope that we can deal with your
problem in just a few moments on the telephone, however, if your complaint is more
complex and is submitted in writing, we promise to acknowledge all written complaints
within 5 working days of receipt; and advise you of how long we feel it will take to
resolve the complaint; and keep you informed throughout the process.
14. Contacting Us
If you wish to contact us you can do so by emailing us via the contact form on our or you
can call us on +44 (0)161 976 2450. Our offices are open from Monday to Friday, 9am to
5.30pm (GMT) and calls are charged at the standard National Call Rate. Callers from
outside the UK will be charged at their standard International Call rate.
Our address for any written correspondence is:
Guardian Angel PC Support
34 Greenbank Road
Cheshire M33 5PL
Visitors by appointment only please.