Terms & Conditions
"The Seller" shall refer to Alpha Wholesale HVAC LTD of Oakleigh House, Pattenden Lane, Marden, Kent TN12 9QJ.
"The Customer" refers to the person, firm or company with whom or with which the Seller Contracts subject to these conditions.
"Contract" refers to the Contract made or to be made between the Seller and the Customer subject to these conditions.
"Products" shall mean any articles, products or services to be supplied (whether on hire or by sale) by the Seller to the Customer under Contract.
1. CONDITIONS OF SALE APPLY
The Seller’s conditions of sale shall apply to and govern any Contract between the Seller and the Customer to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement, or other document emanating from the Customer and no variation of these Terms and Conditions shall be effective unless expressly agreed by the Seller in writing.
(a) The Seller reserves the right to make without notice to the Customer any improvement or alteration in the material, specification, dimensions or design of the Products which it thinks reasonable or desirable or which it is required to make by law and such improvements or alterations shall not affect the validity of the Contract
(b) It shall be the responsibility of the Customer to immediately give the Seller information required to proceed with the Contract and to ensure that the capacity and performance of the Products are sufficient and suitable for the purpose or purposes intended, particularly Samsung unit selection suitability and capacity, this is the responsibility of the customer, although we may assist with the selection.
3. PRICE & PAYMENT
(a) Any quotation provided by the Seller, whether written or oral, shall be deemed to be an invitation to treat and not an offer.
(b) Any quotation provided by the Seller is valid for a period of 30 days from the date of the quotation unless the Seller provides written notice to the Customer that the quotation is withdrawn.
(c) Quotations are based upon the costs of materials, labour, sub-Contracts, transport, taxes, duties and currency exchange rates ruling at the date of the quotation. Quotations may be subject to revision and the Seller reserves the right to revise such quotation either to take account of any variation in such costs or the imposition of any new taxes or duties occurring or to revise the quotation due to the additional work or modifications required by the Customer. The Customer will be notified in writing of any such revision.
(d) The price payable will be exclusive of VAT, delivery and insurance unless expressly stated otherwise upon the quotation.
(e) Payment of all sums due to the Seller shall be made in full within 30 days of the date of the invoice which shall be rendered to the Customer ("the Due Date") subject to Clause (g) below failing which the Seller reserves the right to cancel delivery of the Products to the Customer.
(f) In default of payment being made by the Due Date the Seller may:- (i) suspend all work under all or any Contracts with the Customer or suspend or cancel any delivery of any products due to the Customer, (ii) appropriate any payment made by the Customer in respect of any Products in settlement of such invoices or accounts in respect of such products as the Seller may in its absolute discretion think fit, (iii) charge interest at the rate of 8% per annum above the base rate printed from time to time of National Westminster Bank Plc on any overdue amount from the day following the Due Date until the date of receipt of cleared funds.
(g) Where the Seller agree to provide Products to the Customer on the basis of an account and credit arrangement the Seller may: - (i) In its absolute discretion set and re-alter the Customer’s credit limit. (ii) Suspend delivery of the Products to the Customer should the price payable for such Products cause the amount owed by the Customer to the Seller to exceed the Customer’s credit limit. (iii) Require the Customer to discharge payment in full within 30 days of the date of the invoice rendered by the Seller to the Customer should the Price payable that will become due upon delivery for the Products together with all other indebtedness of the Customer to the Seller not exceed the Customer’s credit limit.
(h) Not withstanding that the Seller may agree in writing a credit arrangement with the Customer the price payable shall become due and payable to the Seller immediately upon termination of the Contract between the Seller and the Customer.
(i) All invoices are due for payment on the 30th day of the month following the invoice date. Any invoice outstanding beyond this period will be referred to our debt collecting agents and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
(j) The company may at times send a free gift with orders as a thank you for ordering.
(a) The Seller shall notify the Customer of the date upon which the products will be delivered ("the Delivery Date") and the Seller shall deliver the products to the address provided by the Customer on the Delivery Date
(b) Any Delivery Date given by the Seller to the Customer shall be an estimate only. Time shall not be of the essence and the Seller shall not be responsible for late delivery or failure to deliver through any cause which is beyond the control of the Seller.
(c) Unless otherwise agreed in writing the Customer shall be bound to accept Products ordered by him on being notified by the Seller that they are ready for delivery.
(d) If the Customer fails to take delivery at the time required by the Contract the Seller shall be entitled without prejudice to any other rights it may have to either treat the Contract as at an end and to resell the products, or to invoice the Products whereupon payment in full shall become due forthwith and in either case to charge at rates giving an economic return for the handling and storage of products from the invoice date to the eventual date of delivery to the Customer or disposal elsewhere as the case may be and the Customer shall be liable to pay any premium in respect of the insurance of such products from the date on which he is notified that the products are ready for delivery.
(e) The price payable for delivery is as stated within the Seller’s product catalogue and prices posted on the website, as amended from time to time. The Seller reserves the right to alter the price payable for delivery at any time and for any reason whatsoever without notice.
(f) The Seller may discharge delivery by instalments and if Products are Contracted to be delivered by instalments late delivery of one instalment shall not entitle the Customer to reject any other instalment under the same Contract.
All products shall become the Customer’s risk as from the date of delivery or attempted delivery to the Customer or the Customer’s agent.
6. RETENTION OF TITLE
Title to the products or any part thereof shall remain vested in the Seller until payment in full of all sums outstanding from the customer to the Seller have been made or until the Seller serves written notice on the customer specifying that Title in the products or such part thereof has passed whichever shall be the earlier in time and until such payment or written notice the relationship of the parties shall be that of Bailer or Bailee.
7. LIMITATION OF SELLER’S LIABILITY
(a) In any case where it is established to the satisfaction of the Seller that there has been a short delivery or that the Products have been damaged (whether wholly or in part) prior to delivery the Seller will replace them or where the Products have been damaged accept their return and credit the Customer with the price thereof provided that the Products are examined by the Customer immediately upon delivery and any complaint by the Customer of short delivery of or damage to the Products shall have been notified to the Seller immediately upon delivery and confirmed in writing within 2 days of delivery;
(b) If the Seller discovers before performance of its contractual obligations commences or whilst it is progressing problems which could not reasonably have been foreseen or discovered beforehand and which affect materially the Seller’s ability to perform its contractual obligations in accordance with the Seller’s standards at the prices quoted, it shall have the right to vary the price. If on notification of such variation the customer accepts the variation in writing, he shall be bound to pay them in substitution for the prices originally shown on the quotation and shall otherwise remain fully bound by the terms of the Contract If the customer does not accept the revised prices the Seller may cancel the Contract forthwith whereupon the Seller shall be entitled to make a charge on a Quantum merit basis for work done and expenses incurred. Save as aforesaid neither party shall be under any further liability to the other to make compensation or other payments so that the customer shall be entitled to the return without interest of any deposit made by him.
(c) Except where the Seller’s liability is for death or personal injury as a result of negligence in no event shall the Seller be liable for the following loss or damage howsoever caused and even if foreseeable or in the contemplation of the parties; i. Economic Loss (which shall include loss of profits, business revenue, goodwill and collateral damage); ii. Administrative and overhead costs; iii. Damages in respect of special indirect or consequential loss or damage; iv. Any claim made against the Seller by any other party;
(d) The Seller shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract.
(e) The Seller shall be under no liability if the Products are not paid for by the Due Date. (f) the Seller’s entire liability shall in any event be limited to the value of the Contract.
8. CONSEQUENTIAL LOSS
Without prejudice to the generality of the foregoing provisions the Seller shall not in any event be liable to the Customer in Contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.
9. SELLER’S RIGHT OF RECISSION
Any Contract the Seller has with the Customer shall be operational upon an order by order basis. Nothing in these terms and conditions shall imply any continuous relationship between the Seller and the Customer. The Seller shall have the option (without prejudice to any of its other rights against the Customer) by notice in writing to the Customer to rescind any Contract between the Seller and the Customer or to suspend delivery in the following events:
(a) Should any sum owing by the Customer to the Seller be overdue whether under the same or any other Contract, or
(b) Should the Customer be in breach of any term of the same or any other Contract with the Seller, or
(c) Should the Customer enter into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against the customer or (if a corporate body) should go into liquidation either voluntary or compulsory or under supervision or have a receiver appointed over all or any of its assets or if the Customer threatens to cease trading.
10. FORBEARANCE BY SELLER
No forbearance or indulgence by the Seller shown or granted to a Customer whether in respect of these terms and conditions or otherwise, shall in any way affect or prejudice the rights of the Seller against the Customer or be taken as a waiver of any of these standard conditions.
11. FORCE MAJEURE
The Seller shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the Seller’s control
The Seller shall be entitled to assign sub-Contract or sub-let this Contract or any part thereof. The Customer shall not be entitled to assign this Contract
The Seller and the Customer agree that if any term of this Contract shall be adjudged by a Court of competent jurisdiction to be void or unenforceable but would be valid and enforceable if some part or parts thereof were deemed deleted or if it were deemed, varied or modified in some way then such provision shall apply with such modification or variation as shall be necessary to make it valid and effected.
The numbers and headings in these conditions are for ease of reference only and do not form part of them for the purpose of construction.
These terms and conditions are governed by and are to be construed in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.
16. THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Contract.
17. TERMS AND CONDITIONS PREVAILING OVER ANY CURRENT OR FUTURE PROMOTION
These specific terms will be considered authoritative if any conflict or inconsistency arises in relation to any promotional or advertising materials. Instructions for entering any promotion or sweepstakes will be considered as part of the overall terms and conditions. Participation in any event or promotion constitutes acceptance of all terms.
The promoter for any future event or promotion will be Alpha Wholesale HVAC LTD of Oakleigh House, Pattenden Lane, Marden, Kent TN12 9QJ.
You must reside in the United Kingdom to enter any promotion offered on the site or any other selected country that Alpha Wholesale HVAC LTD lists as inclusive. All participants must be over 18 years of age. The promotional periods will be clearly marked at the top of each promotion as and when they arise. Only participants who enter within the given timeframe will be able to enter.
Purchase of a relevant product and receipt for same is required to enter any sweepstakes or promotion on the site. Relevant products will be listed at each promotion if any will be required for that promotion.
Employees of the company, their families and friends are all prohibited from entering any promotion.
Certain promotions may require the participant to take a picture of their work and enter the picture in the promotion. Whenever any picture is received the company reserve the right to use the picture in future advertising, print marketing and for other promotional activity on our website or other social media sites. Entering any picture constitutes acceptance and agreement of this condition.
To win you must follow all terms and conditions listed for each promotion at the time of the promotion. Terms may be updated from time to time and it is the participant’s responsibility to review the terms at the time of entry. Promoter reserves the right to cancel or amend the promotion or terms at any stage but will always do so in a way that is comparably fair.
Prizes are only awarded at the owner’s discretion. Each participant is fully responsible for entering the correct details. Prizes may be substituted with a different prize of similar value. The promoter will not be held responsible for any third party product or service.
All participants are bound by the terms and conditions in full and the promoter reserves the right to disqualify any participant who breaches any term or condition. The promoter does not accept responsibility for any loss, injury or damage by any entrant resulting from prize acceptance.
Participants understand that there may be publicity with the promotion and no compensation will be forthcoming for promotional activity of any type. Entering any promotion constitutes acceptance of being included in any publicity that follows.
The Promoter is not responsible or any lost claims or delayed entries, damaged or undelivered for any reason outside the Promoter’s control. Promoter endeavours to keep the ability to enter the promotion open at all times but will not be held accountable in such cases where the promotion could not be entered or accessed.
Terms and conditions will be listed in full on the website and must be agreed with in full before entry. Any failure by a participant to comply with entry instructions will result in cancellation.
The promoter may terminate, modify or change the promotion at any time that it is deemed necessary for any purpose. All entries will be verified before awarding prizes.
All decisions are binding and final as made by Promoter. All promotions will be in line with the laws of England and Wales.