Terms & Conditions

Terms of Sale Agreement

Gu Tech, LLC ("Gu Tech") offers services (the "Gu Tech Services") through which you can sell your used cellular phones after receiving an "offer" from Gu Tech by identifying the type of phone and completing the required check-out on Gu Tech’s Website. In order to utilize Gu Tech’s services, you must agree to the following terms of this Agreement.

BY SETTING UP AN ACCOUNT, OR BY USING GU TECH’S WEBSITE, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON GU TECH’S WEBSITE. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. GU Tech reserves the right to terminate or suspend your use of Gu Tech’s Website if you do not comply with this Agreement or any other Gu Tech policy or procedure, or for any other reason we determine, in our sole discretion.

About These Terms. These terms govern any offer that you receive to sell your phone to Gu Tech.
Requirements. In order to complete the sale of your phone to Gu Tech or to complete any other transaction with Gu Tech, you must:(i) Create an account with us;(ii) Provide true, up to date and accurate account information about yourself and any phone you submit to us;(iii) Comply with all terms and conditions of this Agreement;(iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below;(v) Transact on behalf of yourself and not on behalf of others; and(vi) Have the legal capacity to enter into agreements and to convey title and interest in any phone that you submit to us.In order to receive payments for any phones we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. Gu Tech shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from Gu Tech and Gu Tech is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
Phone Eligibility. Gu Tech determines, in its sole discretion, which phones are eligible for purchase by Gu Tech and for which eligible phones Gu Tech will provide an offer. Gu Tech may terminate the eligibility of certain phones at any time and without advanced notice, but such termination will not affect any phones for which you have already accepted an offer, which is good for thirty (30) days pursuant to Section 9 below.
Payment For Your Phone. Gu Tech will issue payment to you for your phone(s) within fourteen (14) days after Gu Tech receives your phone(s).
Condition Defined. Gu Tech uses three (3) basic conditions to grade phones, ranging from "Flawless" or “No Noticeable Flaws” to "Broken” or “Functional or physical problems." Conditions can vary widely between categories and types of phones.
Phone Valuation. All offers will be based on Gu Tech's own determination of the phone value in reliance on the accuracy of the information you supply us. Gu Tech will use its discretion to determine the phone value, weighing factors that may include the phone's model, functionality and condition and whether necessary phone accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your phone to Gu Tech at the offered price. If you do not accept Gu Tech’s offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the phone is still eligible for purchase, the new offer may be different as phone prices are subject to change.
Fitness for Sale. You must have all right, title, and interest in any and all phones you seek to sell to Gu Tech and all phones must be able to be activated for new service (unless the phone is incapable of being activated because it is in “Broken” condition). The phones and the sale and shipment of such items to Gu Tech: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the phones are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using Gu Tech, you agree to indemnify Gu Tech from all claims or losses sustained by Gu Tech as a result of any breach of these representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your phone prior to selling it to Gu Tech. Gu Tech is not responsible for any service charges related to your phone, whether you incur such charges before, during or after the selling of your phone(s) to Gu Tech. It is also your responsibility to remove any security codes that would prevent use of any phone.
Sending Gu Tech Your Phone. When packaging your phone, be sure to include all materials included in your description when we calculated your offer. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer was calculated, or sending us a phone which does not match your original description, may impact the final value of your phone and may result in a revised offer.
Removing Data From Your phone. For phone’s that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your phone and remove any personal information before you send your phone to us. Gu Tech’s standard practice is to remove all such data from your phone; however, Gu Tech makes no guarantee that it will do so. By sending Gu Tech your phone, you agree to release us from any claim as to the phone, the data stored in such phone, or any information on any media used in conjunction with the phone and which you send to Gu Tech, or for such data's security, integrity, confidentiality, disclosure or use. Gu Tech is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted your phone to us.
Phone Inspection; Offer Recalculation. Your phone must be received by Gu Tech within fifteen (15) days after you accept the original offer provided by Gu Tech and complete the check- out process on the Gu Tech Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by Gu Tech should be followed in order to avoid possible damage to or loss of the phone in transit. Gu Tech will inspect all phone’s that are received. Gu Tech has the option to accept or reject the phone, including without limitation, to reject any phone not conforming to the description you provided to us, any phone modified in such a way that it no longer conforms to the original factory specifications, any phone no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any phone damaged or lost in transit. If Gu Tech rejects the phone for any of these reasons, the original offer automatically expires and is rescinded. Gu Tech reserves the right to revoke the original offer and provide a revised offer for the phone if: (a) the phone and/or materials are not as described, (b) the phone is received by Gu Tech after the Delivery Period, and/or (c) Gu Tech receives phone(s) that are different from those identified when your offer was calculated.
Recalculated Phone Offers after Inspection. In the event Gu Tech recalculates the offer it provided for the phone after it has been received and inspected, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, Gu Tech will return the phone to you at the address from which it was originally sent. Gu Tech will give you a period of five (5) days after Gu Tech presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). Gu Tech will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
Releasing Rights to Phone. Once you send Gu Tech your phone, Gu Tech cannot and does not guarantee that it will be able to honor any request for return of the phone and/or any data or information contained in such phone. Of course, if Gu Tech rejects the phone or you do not accept any new offer for the phone pursuant to Sections 9 and 10 ("Return Circumstances"), your phone will be returned to you as set forth in Sections 9 and 10.
Risk-Of-Loss. You remain responsible for the risk-of-loss for the phone until delivery of the same to Gu Tech. You are responsible for any damages that may occur to your phone while in transit. Gu Tech is responsible for risk-of-loss when it opens the packaging containing your phone and ceases in the event Gu Tech returns your phone to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once Gu Tech delivers the package to the carrier for return to you and you will bear the risk-of-loss while the phone is in transit.
Passing of Title. Title to the applicable phone passes to Gu Tech upon Gu Tech’s acceptance of the phone for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Non-Transferable. Any offer by Gu Tech for your phone is non- transferable and not redeemable for any other consideration other than what is offered by Gu Tech.
Limited Liability. IN NO EVENT SHALL GU TECH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH GU TECH UNDER THIS AGREEMENT.
Indemnity. You agree to indemnify, defend, and hold harmless Gu Tech, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof.
Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PHONE ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH PENNSYLVANIA LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN PENNSYLVANIA AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.