Terms and Conditions
Alchemy Systems International Limited Terms of Sales
Parties:
Alchemy Systems International Limited ("Alchemy")
Purchaser as stated overleaf ("Purchaser")
- All quotations given and all orders accepted by Alchemy are subject to the following terms and conditions. No additions thereto or variations there from shall be binding unless agreed to in writing by a Director of Alchemy.
- Once a contract exists between Alchemy and the Purchaser, it cannot be cancelled by the Purchaser except with Alchemy's consent and on terms that will indemnify Alchemy against loss, whether direct or indirect.
- Defective goods may be returned to Alchemy within 7 days of receipt by the Purchaser. Alchemy will provide alternative product, credit or refund at Alchemy's discretion. No returns will be accepted unless packaged in the original packing and accompanied by a completed Returns Authorisation form. Goods which have been damaged or marked due to accident, negligence or misuse will not be accepted for return.
- Catalogues, price lists and other advertising materials are only indications of the type of goods offered, and no prices or other particulars contained therein shall be binding on Alchemy.
- Any time quoted by Alchemy for delivery of goods is given as an estimate only and is not to be of the essence of the contract. Alchemy shall not be liable in any way in respect of late despatch or delivery, however caused.
- Delivery of the goods shall be deemed to be made immediately when the goods arrive at the Purchaser's premises or the Purchaser removes the goods from Alchemy's premises. Risk in the goods shall in either case pass thereupon to the Purchaser.
- The goods shall remain the property of Alchemy until Alchemy has received full and unconditional payment for the goods, including payment for any related handling, delivery or insurance charges, and inclusive of VAT. Should full payment of the amount owing under the contract not be made when due, Alchemy may remove and repossess the equipment (and for that purpose Alchemy shall be entitled to enter upon any premises occupied by the Purchaser) in addition to exercising such other rights or remedies as may be conferred on Alchemy by law.
- Claims regarding damaged goods or non-delivery must be notified to Alchemy within 3 calendar days of despatch date and subsequently confirmed in writing within 7 calendar days of despatch date.
- Credit accounts shall be settled within 30 days of the date marked on the invoice sent by Alchemy to the Purchaser.
- Alchemy reserves the right to charge interest to the Purchaser at the rate of 1.75% per month on the outstanding balance of any overdue accounts.
- Alchemy reserves the right to withdraw credit facilities and suspend deliveries on overdue accounts. The Purchaser shall be liable for all costs, including legal fees, incurred in the collection of outstanding balance.
- Alchemy warrants that if within 12 months of delivery the Purchaser notifies Alchemy in writing that the goods are defective, Alchemy will make good by repair or exchange the goods which are shown to Alchemy's reasonable satisfaction to have proved defective. The Purchaser shall at the request of Alchemy return the goods to Alchemy. Carriage charges both to and from Alchemy on defective goods or parts which are returned to Alchemy shall be paid by the Purchaser, and Alchemy shall not be responsible for removal or installation of goods for repair or exchange.
- The warranty given by Alchemy above shall not apply if the repair or replacement is required due to accident, neglect or misuse of the equipment by the Purchaser or interference with the equipment by persons other than those authorised by Alchemy.
- Alchemy makes no warranty, implied or otherwise, the goods are suitable for the purposes of the Purchaser or may be integrated with other equipment.
- The contract between the Purchaser and Alchemy shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
- Alchemy's liability under the contract is limited to the remedies specified in the foregoing conditions to the entire exclusion of any other remedy which, but for this condition, the Purchaser might have. Alchemy shall in no circumstances be liable for any damage or injury, direct or consequential, or other loss or loss of profits of whatever kind and however arising. Accordingly, every representation, condition, warranty and undertaking, whether express or implied by statute, common law, custom or otherwise and whenever given or made, in relation to the goods or the performance of the contract is, to the extent permitted by law, hereby excluded for all purposes.