GLOBO TECH TERMS AND CONDITIONS
These sales terms and conditions (“Terms” or “Agreement”) apply to every shipment and sale of
Products from Globo Tech Inc. (“Seller”) to you, the customer (the “Purchaser”). Purchaser and
Seller are hereinafter referred to collectively as the “Parties” and individually as a “Party.” All
sales made by Seller to the Purchaser are expressly made conditional on and are subject to these
Terms.
Purchaser's acceptance of these Terms shall be deemed by:
(i) Purchaser’s signature below (electronic signature or .pdf acceptable);
(ii) Purchaser providing a Purchase Order to Seller; and/or
(iii) Purchaser’s acceptance of any Products from Seller;
whichever occurs first.
These Terms and any document(s) referred to in them constitute the entire agreement regarding
Seller’s sale of the Products to Purchasers and supersede all prior understandings, arrangements,
and agreements.
1. ACCEPTANCE OF TERMS
1.1 These Terms of purchase are considered an ongoing contract between the Purchaser and
Seller and apply to your purchase of Products (defined below) from Seller. These Terms shall
govern your purchase of Products. If you do not agree to these Terms, you will not be able to
purchase Products from Seller.
2. DEFINITIONS
2.1 “Confidential Information” means any discussions between the Parties and information
concerning each of the Parties’ businesses and other information, including but not limited to
intellectual property, computer software, technology and programs, product plans, designs,
formulae, processes, techniques, drawings, diagrams, visual demonstrations, ideas, concepts,
costs, prices, names, customer lists, vendor lists, finances, marketing plans, advertising,
commercial or sales materials, business opportunities, personnel, research, development or
know-how, and other data in oral, written, graphic, electronic, or any other form or medium
whatsoever, even if not marked “confidential.”
2.2 “Seller” means Globo Tech Inc., or any subsidiary, licensee, joint venture, or affiliate
identified as the Seller on Seller’s Invoice.
2.3 “Intellectual Property” means all trademarks, copyrights, patents, and other intellectual
property rights.
2.4 “Purchaser” means the person, business, or company that is the purchaser of the Products and
as more specifically identified by the signature block below.
2.5 “Products” means any new or refurbished phones, tablets, accessories, or ancillary products
supplied to Purchaser by Globo Tech and described in Seller’s invoice.
2.6 “Purchase Order” means a written request by Purchaser to Seller for the purchase of
Products.
2.7 “Invoice” means the written document from Seller in response to a Purchase Order that
details the Products to be purchased by Purchaser, the payment terms, and shipping terms.
2.8 “Signed in handwriting by the Parties” means a manuscript signature or authorized signature
via DocuSign, Adobe Sign, or other digital format by a Party or authorized Party representative.
3. ORDERS
3.1 Seller will make available to Purchaser a list of Products together with their respective
purchase prices which are available for sale.
3.2 If Purchaser desires to purchase any Products from Seller, Purchaser shall submit a written
Purchase Order to Seller (email acceptable).
3.3 Seller shall thereafter notify Purchaser if its Purchase Order is accepted and shall issue an
Invoice to the Purchaser (email acceptable).
3.4 Unless otherwise set forth in Seller’s Invoice, after receipt of payment pursuant to the terms
of the Invoice, Seller shall cause the Products to be fulfilled and ready for shipment on the same
day (“Shipment Date”) after Seller’s Invoice date.
3.5 Seller may reject any order placed by Purchaser.
3.6 Seller will not be bound by any terms attached to a Purchaser Order. Unless otherwise
modified in Seller’s Invoice, the Terms of this Agreement may not be amended, supplemented,
or modified, nor may any obligation hereunder be waived orally unless expressly agreed in
writing and signed in handwriting by the Parties.
4. PAYMENT
4.1 The currency for all payments shall be in US Dollars, unless otherwise agreed in writing as
set forth on Seller’s Invoice.
4.2 Purchaser shall pay for Products in accordance with the terms and conditions set forth herein
unless modified on each of Seller’s Invoice.
4.3 If Purchaser fails to make payment in accordance with the terms set forth on Seller’s Invoice:
(a) all amounts owing by Purchaser to Seller on any account will immediately become due and
payable together with legal costs of enforcement;
(b) Seller may, in its sole discretion, suspend the provision of credit to Purchaser until all
amounts owing are paid in full; and
(c) Seller may, in its sole discretion, vary or cancel any credit facility it makes available to
Purchaser from time to time.
4.4 Purchaser must pay to Seller any amount Purchaser owes to Seller in full. Purchaser waives
any right of set-off that Purchaser may have.
4.5 Unless stated otherwise in these Terms or in Seller’s Invoice, all prices quoted for Products
are exclusive of all taxes, handling, delivery, agents; charges, and any other charge, duty, or
impost.
4.6 Unless otherwise stated on Seller’s Invoice, Purchaser shall pay the full amount due to Seller
under this clause and shall not deduct from that amount any tax in relation to the purchase of the
Products. Purchaser shall reimburse Seller for any taxes Seller pays on its behalf.
5. DELIVERY
5.1 Each Seller Invoice shall specify the Party responsible for transport of the Products to be
purchased by Purchaser.
5.2 Unless otherwise set forth on Seller’s Invoice, all delivery times are estimates only, and in no
event shall Seller be liable for any delay in delivery or assume liability in connection with
shipment or delivery. Part shipments shall be permitted. All Products shall be delivered FCA
(Incoterms 2022) from the point of shipment.
5.3 Unless otherwise set forth on Seller’s Invoice, Purchaser shall bear all shipping costs of the
Products from Seller to Purchaser.
5.4 If Seller’s shipper is used, Purchaser shall not have any right to sue or assert any claims
against Seller’s shipper.
6. TITLE AND RISK OF LOSS
6.1 Title to the Products and the risk of loss will be at Purchaser's risk immediately upon:
(a) shipment of the Products to the Purchaser; or
(b) collection of the Products by Purchaser, the Purchaser’s nominated carrier, or Purchaser’s
agent.
6.2 Purchaser is advised to obtain insurance in sufficient amounts to cover the loss of such
Products.
6.3 The risk of loss of any Products approved by Seller to be returned by Purchaser shall remain
with Purchaser until such Products are received by Seller.
6.4 Once delivered or collected, the risk of loss in the Products will always remain with
Purchaser unless and until such Products are received by Seller.
6.5 If Purchaser has breached these Terms, Purchaser authorizes Seller, at any time, to enter onto
any premises upon which Seller’s Products are stored to enable Seller to:
(a) inspect the Products; and/or
(b) reclaim the Products.
6.6 If Purchaser sells, disposes of, or otherwise deals with Products before full payment has been
received by Seller, Purchaser must advise Seller in writing, specifying full details of the
Products.
7. INSPECTION AND ACCEPTANCE
7.1 Upon receipt of Products, Purchaser shall promptly inspect any shipment to determine
whether any part fails to conform to the Purchase Order and Invoice.
7.2 Purchaser must notify Seller in writing within three (3) business days of any claim of non-
conformity.
7.3 Documentary evidence including clear video may be required for shortages or damages.
7.4 Non-conformity of Products shall be governed by the RMA Policy between Seller and
Purchaser.
8. PRODUCT RETURNS AND BUYBACK
8.1 Returns and buyback are subject to Seller’s RMA Policy.
8.2 Purchaser must notify Seller in writing of any Products to return as per RMA Policy.
8.3 Only non-conforming Products may be returned unless otherwise agreed.
8.4 Seller will ship substitute Products pre-paid.
8.5 Seller will not be liable for damage caused by improper storage, transport, or use.
9. FORCE MAJEURE
9.1 Seller is not liable for delays due to acts of God, pandemics, strikes, or other causes beyond
reasonable control.
9.2 After 60 days from notice of such delay, either Party may terminate affected orders without
penalty.
10. PURCHASER'S CANCELLATION
10.1 Purchaser may not cancel an order once accepted unless agreed in writing.
10.2 Any agreed cancellation must be provided at least seven (7) days prior to shipment.
11. DEFAULT OF PURCHASER
11.1 If Purchaser breaches these Terms, Seller may refuse further supplies and/or terminate the
relationship without notice.
12. "AS IS" AND "WHERE IS; WARRANTY; DISCLAIMER OF IMPLIED
WARRANTIES; LIMITATION OF LIABILITY
12.1 Seller represents that it has good and marketable title to all Products free of claims or
encumbrances.
12.2 Except as expressly stated, Seller makes no warranties, expressed or implied, including
fitness for a particular purpose.
12.3 Products are sold “AS IS” and “WHERE IS.” Seller shall not be liable for lost profits or any
consequential damages.
12.4 Liability shall not exceed the purchase price of the applicable Product.
13. INTELLECTUAL PROPERTY
13.1 Purchaser acknowledges that all Intellectual Property related to Products remains the
property of Seller or its suppliers.
13.2 Purchaser must not register or use any Seller trademarks without written consent.
13.3 Purchaser will indemnify Seller for any infringement caused by use or combination with
other equipment.
14. CONFIDENTIALITY
14.1 Parties agree to keep all Confidential Information secret and not disclose without consent.
14.2 Parties will provide notice if legally compelled to disclose Confidential Information.
14.3 All Confidential Information remains the exclusive property of the Discloser.
14.4 Recipient shall return all Confidential Information upon request or termination.
15. COMPLIANCE
15.1 Purchaser shall not violate any export or import laws.
15.2 Purchaser warrants compliance with anti-bribery, anti-corruption, and money-laundering
laws.
15.3 Purchaser is responsible for environmental compliance and privacy laws when reselling
Products.
16. RELATIONSHIP
16.1 The Parties are independent contractors and not agents or employees.
16.2 Neither Party can enter into agreements on behalf of the other.
17. GOVERNING LAW AND JURISDICTION
17.1 This Agreement is governed by the laws of New York State.
17.2 Parties consent to the jurisdiction of New York courts.
17.3 Parties waive any right to a jury trial.
18. INDEMNIFICATION
18.1 Purchaser shall defend, indemnify, and hold harmless Seller from claims arising from
Purchaser’s breach or use of Products.
19. RESTRICTION ON RESALE AND COMPLIANCE
19.1 Purchaser will comply with all resale restrictions, export laws, and applicable regulations.
20. GENERAL PROVISIONS
20.1 Seller may amend these Terms by notice or posting on the website.
20.2 Invalid provisions do not affect the remainder of the Agreement.
20.3 Failure to enforce any provision does not waive the right to enforce it later.
20.4 Purchaser may not assign rights without consent.
20.5 Prevailing Party in any dispute may recover attorney’s fees.
20.6 Notices shall be in writing to [email protected]
Globo Tech is a trusted New York–based provider of wholesale phones and high-value device buybacks, serving both local and nationwide customers
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