These terms of use govern your use of our site. Please read these terms in full before you use this Website. If you do not accept these terms of use, please do not use this Website. Your continued use of this site confirms your acceptance of these terms.
WEB SITE ACCESS
1.1 It is not necessary to register with us in order to use most parts of this Website. However, particular areas of this Website will be accessible only if you have registered.
USE OF WEBSITE
1.2 This Website may be used for your own private purposes and in accordance with these terms of use.
1.3 You may print and download material from this Website, provided that you do not modify or reproduce any content without our prior written consent.
SITE UPTIME
1.4 All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this Website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in Website down time, but we shall not be obliged to provide such notice.
VISITOR PROVIDED MATERIAL
1.6 Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
1.7 When using this Website, you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes
conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 1.7.
LINKS TO AND FROM OTHER WEBSITES
1.9 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website, you do so at your own risk.
1.10 Any party wishing to link to this Website is entitled to do so, provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this Website in breach of clause 1.10, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
DISCLAIMER
1.12 Whilst we do take all reasonable steps to ensure that the information on this Website is up to date and accurate at all times, we do not guarantee that all material is accurate and/or up to date.
1.13 All material contained on this Website is provided without any warranty of any kind. You use the material on this Website at your own discretion.
EXCLUSION OF LIABILITY
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this Website.
1.15 Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded under the law of the United Kingdom.
LAW AND JURISDICTION
These terms of use are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
OUR DETAILS
Our business name is: ALFx Ltd
Our business address is: 108 Weymede, Byfleet, Surrey, KT14 7DJ
Our VAT registration is: GB 227 3593 96
Purchasing terms and conditions
In these conditions of sale, “ALFx” shall mean ALFx Ltd trading as ALFx; “Customer”
shall mean the purchaser of the Goods including all agents, employees, contractors, subcontractors and other persons acting on its behalf under these conditions; “Goods” shall mean the Goods referred to in the quotation supplied by ALFx.
1) Scope of contract: The placing of an order by the Customer entails acceptance by him of the following terms and conditions, and no Goods shall be supplied by ALFx, its employees, agents or representatives except in accordance therewith. These conditions shall apply in substitution to the Customer’s purchase (if any) and to the exclusion of all other conditions, unless otherwise agreed in writing by ALFx.
2) Validation and acceptance: ALFx reserves the right to amend any accidental errors and/or omissions on quotations at the time of acceptance of order. Quotations raised by ALFx do not constitute an offer and ALFx reserves the right to withdraw or amend the same at any time, prior to the acceptance of any order. No binding contract shall come into effect until the Customer’s order has been accepted in writing by ALFx. The uniform laws on export sales are hereby excluded.
3) Price: ALFx reserves the price to allow for any increase in cost of labour or materials which may occur before delivery. The price does not include any export duties, tariff payable in respect of the Goods, nor any costs of insurance relating thereto. Prices are quoted exclusive of VAT or local taxes, except where stated to the contrary.
4) Insurance: Where ALFx insures the Goods at its discretion or at the Customer’s request, charges shall be made on the invoice. ALFx’s liability shall be limited to the amount received by ALFx under such insurance or the value of the Goods, whichever is the lesser, from which amount deduction may be made by ALFx in respect of any expenses incurred. ALFx shall be under no liability to effect any insurance in respect of the Goods for any period after the passing of the risk as outlined in clause 17 below, not withstanding that the title remains with ALFx.
5) Carriage: Carriage is not included in the price which is quoted ex works. Carriage to the Customer’s premises will be charged as an extra item if requested by the Customer. Insurance charges will be treated in a similar manner.
6) Destination: ALFx reserves the right to decline or cancel contracts received where the ultimate destination of the Goods is a country with which it is not lawful to trade, or where that country prohibits such Goods to be imported.
7) Regulations: The Customer, in placing an order with ALFx, is deemed to warrant his compliance with every applicable legal or regulation requirement of any government or other agency and that necessary licences or permits required in connection with the contract have been lawfully obtained.
8) Consignment: ALFx may make an extra charge if required to dispatch the Goods in consignments smaller than quoted for.
9) Illustrations and brochures: All descriptive literature and illustrations given are intended as a general guide of the Goods described and none of these shall form part of the contract, nor shall any provision contained therein be deemed to be a representation warranty term or condition of or relating to the contract or constitute a collateral contract. All drawings prepared by ALFx in connection with the Goods and the copyright in such drawings shall remain with ALFx at all times.
10) Specifications: ALFx follows a policy of continual product development which may be implemented without notice and without effecting the validity of this contract. ALFx shall not be liable for failure to attain performance figures stated in the contract unless these have been stated and guaranteed within a specified margin or tolerance.
11) Weights and Measures: ALFx drawings, descriptive matter, weights and dimensions are approximate only unless otherwise guaranteed.
12) Cancellation: Contracts may only be altered or cancelled by the Customer with the consent of ALFx who shall, on giving such consent, be entitled to invoice the Customer for all and any costs incurred or likely to be incurred as a result of such cancellation.
13) Pre delivery inspection: There shall be no special tests except as provided for either in ALFx’s quotation or in the Customer’s order and if the Customer fails after a period of seven days’ notice to attend or to be represented at any such tests they may be conducted by ALFx in the Customers absence, the results of such tests being binding upon the Customer.
14) Indicated delivery dates: Delivery dates are estimates based on current stock only. Equipment quoted as in stock will be delivered within 7 days from acknowledgement of order. Special or bespoke items will have their delivery quoted at order acknowledgement. ALFx shall not be liable to the Customer in respect of any non delivery or delay of the Goods however so caused.
15) Part deliveries: ALFx reserve the right to despatch part of the order and the Customer shall be invoiced in respect of such delivery in accordance with the settlement terms set out herein.
16) Date and place of deliveries: Delivery shall be at ALFx’ premises unless otherwise agreed.
17) Risk: The risk in the Goods shall pass to the Customer on delivery in accordance with section 16 above.
18) Storage and delayed delivery: If the Customer offers no delivery address within 14 days of notification then ALFx shall be entitled to store the Goods at any available place at the Customer’s risk and expense.
19) Property: Ownership of the Goods will pass to the Customer when ALFx has received payment in full.
20) Shortage in delivery or damage or loss in transit: ALFx shall in no way be responsible for any breakage or loss of Goods in transit, and shall be under no liability to effect any insurance in this respect unless otherwise agreed. Both the carrier and ALFx must be advised in writing of all shortages in quantity and any breakages or loss within 3 days of receipt of Goods. In the event of any Goods not reaching the destination within 7 days after the date of the consignment note, ALFx must be notified immediately at the completion of this term.
21) Commissioning: The quotation does not include commissioning and installation unless expressly stated otherwise. If ALFx are requested to supply descriptive literature or instructions other than one copy in English for the operation of the equipment, or the services of an engineer on site for the purposes of checking servicing or commissioning, extra charge will be made.
22) Terms of payment: UK Customers: Approved credit account holders: net monthly without deduction. All other accounts are due and payable on presentation of ALFx’s Proforma invoice. Overseas Customers: Accounts are subject to acceptance of an irrevocable confirmed letter of credit in Sterling established in favour of ALFx with its chosen bank.
23) Determination of Non payment: If the Customer shall fail to pay an invoice on its due date in accordance with condition 22 above, ALFx shall suspend any performance of this or any contract and shall be entitled to payment for equipment already delivered and equipment in course of manufacture.
24) Interest on overdue accounts: Interest on overdue accounts will be charged at 3% over the current UK bank base rate.
25) Overseas sales: In any case where Goods are sold CIF or on any other basis of any other international trade terms contained in incoterms (1980) such term shall apply if expressly incorporated herein, except so far as any part of the same is inconsistent with any of the provisions contained in these terms.
26) Guarantee: If within a period of (12) months from despatch by ALFx any defect in materials or fault in manufacture of the Goods shall be found to exist or to be reported to ALFx in writing within 14 Days of such defect becoming apparent ALFx will repair or at its option replace the defective part free of charge provided that the Goods are returned carriage paid to ALFx’s premises. This guarantee shall not cover components not manufactured by ALFx, whereas outside manufacturers’ warranties will be offered. This guarantee does not cover damage in transit. This guarantee does not cover damage by misuse and fair wear and tear, or damage which is due to the fault, act or omission of the Customer. Where the Goods have been operated in accordance with ALFx’s instructions, the Goods are maintained, serviced and calibrated, or repaired in accordance with ALFx specified guidelines, either by ALFx personnel or ALFx trained and approved personnel. All other terms and conditions and warranties implied by statute, common law or otherwise in relation to the Goods are hereby excluded. Furthermore, ALFx shall be under no liability to the Customer for any damage loss of earnings or injury directly or indirectly, resulting from defective material, faulty workmanship or otherwise arising from or not caused by the negligence of ALFx, its servants or agents (except for death or personal injury arising from ALFx’s negligence). Under no circumstances shall the Customer be entitled to reject all or any of the Goods on the basis of any alleged breach of these contract terms by ALFx.
27) Repairs: Goods returned for repair must be sent carriage paid and after repair or exchange the item will be returned carriage forwarded to the Customer unless deemed by ALFx to be within the scope of Guarantee or any special terms.
28) English Law: The contract shall be governed by and construed and interpreted in accordance with the laws of England and for the purposes of the determination of any dispute arising from or in connection with the contract. The parties shall hereby submit to the jurisdiction of the English courts.
29) Force Majeure: ALFx shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of ALFx being prevented, hindered, or delayed in the manufacture of the Goods by reason of any circumstances whatsoever outside the control of ALFx, including but not limited to the generality of any act of God, riot, strike, lock out, trade dispute or labour disturbance accident, breakdown of plant or machinery, fire or flood.
30) Variation of conditions: Any variation of these conditions herein can only be undertaken in writing by ALFx directors.
31) Non assignment: This contract cannot be assigned in whole or in part to any other person without the written consent of ALFx.
32) Default and insolvency: ALFx may in writing to the Customer terminate any contract forthwith if the Customer shall commit any breach of any of the terms herewith, the Customer being an individual shall die or have a receiving order made against him as company shall call a meeting of its creditors or have a receiver of all or any of its assets appointed or enter into any liquidation or administration. In the event of any termination, the Customer shall forthwith upon demand deliver to ALFx any Goods which are in the possession or control of the Customer, the property in which remains the property of ALFx and in default thereof ALFx shall be entitled to repossess the same in any way possible; ALFx shall be entitled by notice in writing to declare that amounts due are immediately payable and all such amounts shall bear interest from the date of the notice until actual payment.
33) Headings: The headings used in these conditions are for convenience only and shall not reflect the construction thereof.