ALH Systems Limited: Conditions of Sale
This document contains the full terms and conditions applicable to the sale of goods by ALH Systems Limited. The following is a summary for convenience only. The full legal wording applies in all cases.
1. Definitions
- “Buyer”: The individual or company placing an order with ALH Systems Limited.
- “Seller”: ALH Systems Limited.
- “Contract”: The agreement for sale between the Buyer and Seller, including these Conditions and any Special Conditions.
- “Goods”: Items supplied under the Contract.
- “Special Conditions”: Specific terms detailed in the Seller’s quotation or order confirmation.
2. Application
These Conditions override any conflicting Buyer terms. Changes must be confirmed in writing by a director of the Seller.
3. Quotations and Orders
Quotations are not offers. Orders are offers by the Buyer and are subject to acceptance by the Seller.
4. Prices
Prices may change due to costs or currency fluctuations. Buyers will be notified and may object within 7 days. VAT and other taxes are extra.
5. Payment
Payment is due 30 days from invoice unless agreed otherwise. Late payments incur interest at 8% above NatWest’s base rate. The Seller may alter terms or withhold delivery if payment is not made.
6. Testing
Goods are tested before dispatch. Additional testing requested by the Buyer may incur extra costs.
7. Title
Goods remain the property of the Seller until paid in full. Buyer must store them separately and may only resell in the usual course of business.
8. Delivery and Risk
Risk passes on delivery. Delivery dates are estimates and delays do not entitle cancellation. Refused deliveries may be stored at the Buyer’s risk and cost.
9. Inspection and Rejection
Goods must be inspected upon delivery. Any issues must be reported within 3 days and before using the goods.
10. Missing Goods
Missing goods must be reported within 3 working days of invoice.
11. Containers
Returnable containers must be returned within 10 days. Deposits will be refunded if they are returned in good condition.
12. Force Majeure
The Seller is not liable for delays or failures caused by events outside its control. It may cancel or adjust the Contract in such cases.
13. Termination
The Seller may terminate the Contract and suspend deliveries if the Buyer fails to pay or becomes insolvent.
14. Warranty and Liability
Goods are warranted to meet the Seller’s specifications. If defective, the Seller may replace, repair or refund. Liability is limited to the price paid. No liability is accepted for indirect losses.
15. Code of Practice
Buyers must follow any usage or handling guidance issued by the Seller.
16. Confidentiality
The Buyer must not disclose or misuse any materials or information supplied by the Seller.
17. Marking
Seller trademarks or markings must not be removed or altered by the Buyer.
18. Assignment
The Buyer may not transfer any part of the Contract without the Seller’s written consent.
19. Waiver
Failure to enforce any term does not waive the Seller’s right to enforce it later.
20. Notices
Notices must be sent by registered post or fax and are deemed received after 7 days (post) or next day (fax).
21. Law and Jurisdiction
English law governs the Contract. Both parties agree to the jurisdiction of the English courts.