Terms & Conditions
TERMS AND CONDITIONS OF SALE OF GOODS AND SERVICES
Credit Policy and Payment Information
Loss or Damage in Transit or Non Delivery
1. In these Conditions of Sale: The Company means Alpha Computer Clean Ltd. The Buyer means the person, the firm or the company ordering or buying goods from the Company. The Goods means the goods the subject matter of the relevant order or contract of sale.
2. No contract in respect of the Goods between the Company and the buyer shall exist until the Buyer's order has been accepted by the Company. In the event that the Buyer's order seeks to make the sale subject to terms different from these conditions, acceptance is effected by a formal order acknowledgement and shall be deemed to be a fresh offer by the Company on the basis of these Conditions, in which event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of delivery of the Goods by the Buyer shall constitute acceptance of the Company's offer, and the Contract of Sale shall be formed at that moment. No conditions or terms stipulated in any other communication or document shall vary or annul any of these conditions except insofar as the conditions are expressly consented to in writing by the Company.
3. Quoted prices include the cost of normal packaging but exclude delivery transit insurance, (which are charged extra at cost) VAT or installation charges (where applicable).
4. The prices for Goods shall be those ruling at the date of despatch and the Company reserves the right to amend its quoted prices at any time prior to the date of despatch.
5. (a) Unless otherwise specified the
price quoted is packed ex- our warehouse. An extra
amount will be levied to cover delivery and
insurance costs. A charge may be made to cover any
extra costs involved for delivery to an address
which is different to the buyers normal delivery
address.
(b) Should expedited delivery be agreed an extra
amount may be charged to cover any extra overtime or
any other additional costs involved.
(c) Should work be suspended at the request of or
delayed through any default of the Buyer for a
period of 30 days or more the Company shall then be
entitled to payment for work already carried out,
materials specially ordered and other additional
cost including storage.
CREDIT POLICY AND PAYMENT INFORMATION
6. If the Buyer does not have a credit account open with the Company, the Buyer can request a credit application form. The Company's Credit Controllers will be pleased to assist with any problems related to credit. The Company is pleased to offer credit terms to qualified parties. The Company's credit terms are 30 days net from date of invoice. Statements are sent out at monthly intervals to enable the Buyer to check current invoices paid and due. No further goods will be shipped to accounts that are overdue and all support and repair / warranty services withdrawn until the account is brought into order. Repeated failure to keep to the Company's credit terms will result in the permanent loss of credit facility. For all buyers without a credit facility, payment may be made by credit card. The Company accepts payment by Visa or MasterCard.
7. All work carried out additional to that specified in the relevant quotation or order, whether experimentally or otherwise, shall be charged.
8. Notwithstanding delivery and the passing of risk, the property in the Goods shall remain in the Company, until the Buyer has paid all monies owed by it to the Company under this or any other contract or otherwise. If any of the Goods are processed into, incorporated in, used as materials for or mixed with other goods or materials prior to such payment the property (but not the risk) in the whole of such goods or materials shall pass to the Company at the moment of such processing, incorporation, use or admixture and shall remain with the Company until payment of all such monies as specified in this condition. Until such payment is made the Buyer shall possess all goods and material the property in which is vested in the Company by virtue of this condition on a fiduciary basis only and if the Company so requires the buyers shall store such goods and materials at no extra cost to the Company so that they are clearly identified as belonging the Company. The Company without prejudice to any of its other rights and remedies may recover and resell any or all of such Goods or materials and may enter upon the Buyers premises for that purpose.
9. Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by the Buyer upon delivery of the same to him.
10. (a) The Buyer's property and all
property supplied to the Company by or on behalf of
the Buyer shall, while it is in possession of the
Company or in transit to or from the Buyer, be
deemed to be at the Buyer's risk and the Buyer shall
insure accordingly.
(b) The Company shall be entitled to make a
reasonable charge for the storage of any of the
Buyers property left with the Company before receipt
of the order notification to the Buyer on completion
of the work.
LOSS OR DAMAGE IN TRANSIT OR NON DELIVERY
11. The Buyer shall examine the Goods immediately they are delivered to him. The Company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery of the Goods, or in the case of non-delivery, 7 days after the due date for delivery.
12. Whilst the Company will use its best endeavours to deliver the Goods in accordance with the Buyer's requirements, the Company will not be liable for any consequences of late delivery howsoever caused.
13. (a) The Company's liability (both
in contract and in tort) in respect of defects in
the Goods shall be limited to the replacement of
faulty items or material, or the issue of credit
notes in respect thereof, or the granting of a
refund or such other compensatory measures as the
Company at its discretion considers appropriate in
the circumstances. Such measures shall relate only
to the actual faulty items or their value, and the
Company shall not in any circumstances be under any
liability to the Buyer in respect of indirect or
consequential loss or damage, or loss of profits,
sustained by the Buyer provided, always that these
conditions do not exclude or restrict the Company's
liability for death or personal injury from its
negligence.
(b) A Returns Number (RMA) must first be obtained
from our customer service department. Returned goods
must be accompanied by a copy of the original
invoice relating to their purchases.
(c) Goods returned must be in the original packaging
and in a clean resaleable condition. Goods returned
otherwise will, at the company's discretion, either
be refused or a further additional restocking fee
charged to cover the additional costs involved.
Goods returned for repair under warranty must be
accompanied by a copy of the original invoice, or
must quote the original invoice number and date of
purchase. Before returning items, the buyer must
obtain authorisation from the Company to return
items. A discussion of the problem may assist in
rectifying faults before goods are returned. It is
the responsibility of the Buyer to ensure that any
goods returned are properly insured. The Company
will not be responsible for goods returned that
constitute an offer for sale. The Company reserves
the right to vary the specification of any item,
withdraw, modify or amend any such item without
prior notice. Prices quoted are subject to variances
in exchange rates, and in consequence prices will be
those holding at the time of delivery from the
manufacturer to theCompany.
FORCE
MAJEURE
14. The Company reserves the right to cancel, vary
or suspend the operation of contract of sale if
events occur which are in the nature of force
majeure including (without prejudice to the
generality of the foregoing) fire, floods, storm,
plant breakdown, strikes, lock-outs, riots,
hostilities, non-availability of materials or
supplies or any other event outside the control of
the Company; and the Company shall not be held
liable for any breach of contract resulting from
such event.
CANCELLATION
15. The Company may withhold or cancel further or
any deliveries under the contract of sale or may
recover all losses resulting there from if the
Buyer:
(a) Fails to make payment on the due date under any
contract with the Company, or
(b) Enters into a composition with its creditors, or
(being a Company) has a receiver appointed or passes
a resolution for winding up, or commits an available
act of bankruptcy or
(c) Is in breach of any of the items and conditions
contained herein (notwithstanding that on a former
occasion or occasions it has waived its rights). The
exercise of rights under Condition 15 shall be
without prejudice to the Company's other rights of
remedies.
16. These conditions of sale shall be construed in accordance with Irish Law.
It is the policy of Alpha CC, that before any work takes place on any machine, it is advisable that all essential data is backed up by our customer. Alpha CC is not responsible for any loss of or damage to data or equipment that occurs during repairs, upgrades or any other type of work that involves sensitive data. Alpha CC shall not in any circumstances be under any liability to the customer in respect of indirect or consequential loss or damage to data or equipment, or loss of profits, sustained by the customer as a result of any work carried out.
Further to backing up of data, the customer is also responsible for ensuring that all equipment is adequately protected against computer viruses and Alpha CC accept no responsibility for any damage or loss of data incurred as a result of viruses. Nor do Alpha CC accept any responsibility for any damage or loss of data incurred as a result of software installations, software updates (downloaded or otherwise), Microsoft service packs, patches or any effects arising out of the use of any software, regardless of whether the software was supplied or installed by Alpha CC. The entire risk arising out of use or performance of any software component remains with you, the customer.
Backing up of data can be done through the use of a tape drive or a ZIP drive and we are happy to advise customers on backing up data. We can also advise customers on the implementation of Anti Virus software and other security products. All of the above products will be supplied to our customers at the best possible price.
Although there may be a warranty
specified with certain hardware or software
products, these warranties relate only to the
specific products themselves and do not cover
against any damage or loss of data or profit caused
by the use of these items.
We strongly advise customers to keep all
documentation and disks supplied with any product as
they may be needed in future.