Supply and sale of goods by Alford Technologies Ltd is subject to the following standard terms and conditions: 

1.Definitions

“Alford” shall mean Alford Technologies Ltd.

“Customer” or “Distributor” or “Agent” shall mean the person, or company to whom Alford provides the goods and / or services under these conditions and by whom the relevant charges are payable;

“Products” shall mean the articles that the Customer or Distributor agrees to buy from Alford;

“Contract” shall mean the agreement between parties governing the supply of the products and shall include these terms and conditions, the quotation and the customer’s order for the products.

2. Scope

The Terms and Conditions (“Terms) contained herein shall apply to all quotations and offers made by and purchase orders accepted by Alford. These Terms apply to all sales made by Alford except to the extent the Terms conflict with a Sales Agreement signed by Alford and Customer. These Terms apply in lieu of any course of dealing between the parties or usage of trade in the industry. These Terms may in some instances conflict with some of the terms and conditions affixed to the purchase order or other procurement document issued by the Customer. In such case, the Terms contained herein shall govern, and acceptance of Customer’s order is conditioned upon the Customer’s acceptance of the terms and conditions herein, irrespective of whether the Customer accepts these conditions by a written acknowledgement, by implication, or acceptance and payment of products ordered hereunder. Alford’s failure to object to provisions contained in any communication from Customer shall not be deemed a waiver of the provisions herein. Any changes in the Terms contained herein must specifically be agreed to in writing signed by an officer of Alford Technologies before becoming binding on either party.

3. Prices and variations

All prices are deemed to be firm and fixed, unless otherwise specified in the order. The price of the Products and Services shall be the prices listed in the Quotation / Contract / Accepted Order current at the date of acceptance of the Customer’s order or such other price may be agreed in writing by Alford and the Customer. Where Alford has quoted a price for the Products other than in accordance with the Alfords published price list the price quoted shall be valid for 90 days only or such time as the Alford has specified in the Quotation / Contract / Accepted Order. Except as otherwise stated under the terms of any Quotation / Contract / Accepted Order in any price list of Seller, and unless otherwise agreed in writing between the Customer or Distributor and Alford, all prices are exclusive of Alfords charges for packaging and transport.

4. Validity

The quoted prices for products and services are valid only for the time period stated in Alford official written quotation or contract.

5. Delivery

Delivery of the Products shall be made by Alford delivering the Products to the named place / destination as specified in the Quotation / Contract / Accepted Order. Unless otherwise agreed in writing, sales are FOB Alford House, Epsom Square, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XG, United Kingdom, or Ipoh, Malaysia. (Incoterms 2020).

6. Acceptance

If acceptance inspections or tests are required, the associated costs shall be borne by the customer or distributor unless otherwise agreed. Alford may charge a fee if the inspection is to be carried out at it’s premises. Payment is due in accordance with the payment terms and shall not be influenced by delays in acceptance. Alford’s total liability is for the replacement of goods not accepted after the inspection.

7. Cancellation

No Contract may be cancelled by the Buyer except with the written agreement of Alford and on terms that the Buyer shall indemnify Alford in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Alford as a result of such cancellation.

8.Payment terms

The Buyer shall pay the price (without any deduction and any right of set off is excluded) within the time specified in the quotation or if not specified within 30 days of the date of Alford’s invoice. Alford retain the right to charge up to 100% on receipt of order of the net value in GBP. The balance will be payable as set out within the terms of the quote. Progress payments and final payments shall not be withheld due to acceptance testing.

9. Late payment

Time of payment shall be of the essence. At the option of Alford, interest can be charged in accordance with the Late Payment of Commercial Debt (Interest) Act 1998, as amended and supplemented by the late Payment of Commercial Debts Regulations 2002 on any overdue accounts.

10. Title

Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions the title in the goods shall not pass to the Buyer until the Alford has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by Alford to the Buyer for which payment is then due and until such time as title in the goods passed to the Buyer:

a) the Buyer shall hold the goods as Alford’s fiduciary agent and bailee, and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as Alford’s property, but the Buyer may resell or use the goods in the ordinary course of its business;

(b) Alford may at any time require the Buyer to deliver up the goods to Alford and if Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the goods are stored and repossess the goods.

11. Limited warranty and returns procedure

Alford’s Products are warranted to be free from defects caused by faulty materials or workmanship of a period of twelve (12) months from the date of shipment from Alford to Customer or Distributor provided:

a). Alford is promptly notified by Customer or Distributor following the discovery of any product failure;

b). Alford authorises the return of such defective material by issuing a returns number (Alford shall not reject the authorisation without good reason),

c). Defective material is returned accompanied by a report indicating the basis for rejection.

Alford will reimburse reasonable transportation charges associated with the return of defective Products. If the export control laws of (Territory) or UK do not approve Customer or Distributor/Agent to return the defective Products, Customer or Distributor/Agent will send only the report to Alford and Customer or Distributor/Agent may dispose of the defective Products with Alford’s consent.

Customer or Distributor should pay particular attention to the conditions of use upon which the Products are supplied. Except for the defect of the Products caused by Alford’s gross negligence or wilful misconduct, Alford provides no warranty for defective Products or their consequences apart from (i) repairing, replacing or, at Customer or Distributor’s option, issuing credit for such of its Products as are returned to it by Customer or Distributor/Agent during the 12 month warranty period and (ii) reimbursing the reasonable out-of-pocket costs incurred by Customer or Distributor/Agent for recalling and replacing the defective Products.

12. Force Majeure

In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout, the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

13. Confidential information

The Customer shall not disclose to any third party (save as may be required to comply with any legal or contractual obligation) any information about the Contract or issue or consent to the issue of any publicity or advertising relating to the Contract without prior written consent of Alford Technologies Ltd.

14. Export regulations

Customer agrees to comply fully with all laws and regulations concerning the purchase and sale of Alford products. In particular, Customer agrees to comply with the Export Administration Regulations in the United Kingdom in so far as they apply to the sale of products. The products are licensed in United Kingdom for delivery to the ultimate destination as shown on the shipment/invoice address and any contrary diversion is prohibited. Customer acknowledges that it will comply with all such laws and regulations, and agrees to assist Alford in obtaining any necessary export licences or end-use statements for Alford products or services required for Alford to deliver its products and services to Customer.  Alford shall not be liable to Customer for any failure to provide products, services or technical data as a result of any of the following governmental actions: (1) refusal to grant export or re-export licences; or (2) cancellation of export or re-export licences. Alford reserves the right to not ship the products or services and terminate the Agreement in its entirety, without liability to Customer, if Alford has a good faith basis for believing Customer or Distributor has violated or intends to violate any country’s export regulations.

15. Law

All contracts under these Terms shall be governed by and construed in accordance with the Laws of England and all disputes shall be submitted to the non exclusive jurisdiction of the English Courts.

16. Changes

Alford Technologies reserves the right to change the Terms & Conditions.