Terms and Conditions
|
| 1. VALIDITY |
|
Supplies from ALLNET conduct to the general Terms and Conditions detailed out below and the actual trade price list, so long as nothing else was agreed upon in writing. The product licensing conditions of the manufacturer must be taken into consideration. Differently worded Terms and Conditions of the customer are only effective if they were confirmed in writing by ALLNET The same applies to changes and additions of these general Terms and Conditions. Verbal promises and special agreements require the written confirmation of ALLNET.
|
| 2. DELIVERY and SERVICE |
|
2.1 Offers made by ALLNET are not binding and noncommittal. A contract is only valid with the written confirmation of the order from ALLNET. |
|
2.2 ALLNET may deliver slightly differentiating products to that confirmed on the order. However the functionality of the product will not be thereby impaired. |
|
2.3 ALLNET reserves the right to process and deliver part of the order requested. |
|
2.4 Agreed delivery dates are considered kept, if the product (or products) detailed in the contract were passed over to the courier service up to the agreed date of delivery. If the shipment is then delayed due to any unforeseen circumstances out of the control of ALLNET then the products are at the risk and expense of the customer. |
|
2.5 A delivery date will be agreed upon by ALLNET ALLNET after the capability to deliver has been checked. This will be subject to unexpected circumstances, regardless, whether these occur with ALLNET or with the manufacturer, e.g. vandalism, Act of God, explosion, flood tempest fire or accident, war or threat of war sabotage insurrection civil disturbance or requisition, acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental or parliamentary or local authority, import or export regulations or embargoes, labour disputes or other industrial actions or trade disputes (whether involving employees of ALLNET or a third party), sabotage, shortage of raw materials or unforeseen delayed delivery of material. Such events extend the date of delivery accordingly, even if they arise during a delay already occurred. If ALLNET is not able to deliver within four weeks, the customer can back down from the contract by putting his request in writing. If the delay lasts longer than six weeks, ALLNET is authorised to withdraw partially or totally from the contract. |
|
2.6 So long as nothing is agreed beforehand ALLNET may, but is not required to insure the shipment against all kinds of transport damage at the cost of the customer. Taking over the transport costs does not influence the transport insurance. |
| 3. CANCELLATION and MOVEMENT of the DELIVERY DATE |
|
3.1 If the customer was to confirm a total or partial cancellation or movement of his or her agreed delivery from ALLNET , then ALLNET can claim compensation up to listed price of the order. |
|
3.2 An agreement to move the delivery date must be in writing. By not accepting the delivered parcel gives ALLNET, on top of the right to claim for payment, the additional rights to decide on a new delivery date or to withdraw from the contract. Orders cannot be cancelled after the delivery has been made. |
| 4. Handover acceptance and risks |
|
4.1 The delivered goods have to be examined by the customer as soon as they are received and ensure that they are complete and not damaged. If any discrepancies are not reported within 8 days then the delivery will be regarded as successful. |
|
4.2 Insignificant faults, which do not impair the efficiency of the delivered article, does not entitle the customer to decline its acceptance. |
|
4.3 The responsibility for the merchandise is that of the customer, as soon as the courier or any other person, who is designated by ALLNET ALLNET is handed the goods. This responsibility continues to be that of the customer until the goods are delivered to the customer or those instructed to receive the goods (for the customer). If for some reason the delivery of the goods is delayed or impossible, but not through fault of ALLNET, the responsibility is held by the customer. |
| 5. PRICES and PAYMENT CONDITIONS |
|
5.1 The prices obtained from a valid trade price list exclude distribution costs, VAT and other legal duty charged in the customers requested delivery country, as well as packing, transport costs and transport insurance. Additional charges for these aspects will be added to the final price. |
|
5.2 Payments are due as soon as an invoice is received by the customer. An invoice will be received together with a delivery. Other currencies, other than pounds sterling (£), and cheques may be accepted only with special agreement with, but at no cost to ALLNET. . Failing to make payment within the agreed time, ALLNET is entitled to charge interest at 5% above the Current Base Rate of Lloydstsb bank on overdue payment of any invoice amount of any part thereof. |
|
5.3 ALLNET ALLNET is entitled to take into account payments first on its old debts, regardless of different rules of the customer. If costs and interest charges are still outstanding from delaying to make a payment, then ALLNET is justified, using the payment to cover the outstanding costs first, and then the interest charges and finally the main order. |
|
5.4 The charging or assertion of a right of retention due to counterclaims that are not recognised by us or that have not been determined in sufficient time is excluded. |
|
5.5 If ALLNET is advised or discovers the credit worthiness of a customer worsens ALLNET can at any time choose alternative methods of supplying merchandise such as payment in cash, payment in advance or a secured payment. All outstanding payment demands, including those for which ALLNET made the changes for, or for agreed instalment repayments, become due immediately. |
| 6. RETENTION of OWNERSHIP |
|
6.1 The ordered merchandise stays under the ownership of ALLNET until all payment requests from the contract, as well as all business deals with the customer have been fulfilled. |
|
6.2 The customer is entitled in passing on the merchandise in the normal course of business under the retention of ownership, however not to be used as a deposit or safety conveyance in any form. With the introduction of a third party, the customer is responsible to inform ALLNET straight away and the third party of ALLNET ownership of the merchandise. The customer is also responsible in informing the third party of the rights ALLNET exercises over the ownership. |
|
6.3 With a delay of payment, and also on future supplies or services from ALLNET to a customer, or the financial collapse of the customer, ALLNET may enter the offices and buildings of the customer to exercise their retention of ownership and seize back their possessions. |
|
6.4 The asserting of the retention of ownership or seizing the merchandise by ALLNET is not considered as cancelling the contract, so long as the customer is a buyer. |
| 7. GUARANTEE |
|
7.1 ALLNET ensures that the contracted merchandise is not faulty, to which includes the absence of assured characteristics. The production of the merchandise is undertaken with care and expertise, however both parties must be aware that it is not possible to exclude errors of the hard/software on all merchandise produced. |
|
7.2 ALLNET ensures that the description for the contracted merchandise is correct and in working order. The technical data and descriptions of the product do not warranty certain characteristics. A warranty of certain characteristics is legally given only if the respective data were confirmed in writing by ALLNET. |
|
7.3 The warranty claims against ALLNET is limited to six months starting from date supplied. This claim is not transferable. Independently to this ALLNET will pass on any manufacturers warranty and guarantee in its entirety to the customer. |
|
7.4 4 In the case of a guarantee claim ALLNET may choose whether to repair or replace the item. Replaced parts become the property of ALLNET. If ALLNET does not repair faults within an appropriate timescale, set out in writing, the customer is entitled to request either the cancellation of the contract or an appropriate reduction of the purchase price. |
|
7.5 ln the case of an improvement ALLNET takes over any labour costs. The customer carries all other additional expenses, in particular, for transport costs for the spare parts, so long as these extra costs do not stand out above the original value of the order. |
|
7.6 The guarantee becomes void, if the merchandise is inappropriately installed and/or independently configured by the customer or third party involved, is used, changed or placed in surrounding it is not designed for or detailed in the installation brochure. It is, however, for the customer to prove that these circumstances are not the cause for the actual fault. Furthermore the guarantee is void, if any original technical information is changed or removed without the written permission of ALLNET. |
|
8. COMMERCIAL PATENT and THIRD PARTY COPYRIGHTS |
|
8.1 ALLNET takes no liability that the contract merchandise does not violate any commercial protection laws or copyrights of third parties. The customer has to advise ALLNET of all claims laid against him for this reason immediately. |
|
8.2 If the supplied products have been produced according to the customer's design or instructions, the customer must release ALLNET from all claims which could be asserted by third parties due to infringement of commercial trademarks and copyrights. Possible costs of litigation must be paid in advance as appropriate. |
|
9. LIABILITY |
|
9.1 The liability of the ALLNET is restricted to such damages after the completion of the contract that can happen within reason. ALLNET isn't liable for indirect damages, faults resulting in damage or losses. |
|
9.2 The liability of ALLNET for deliberate and negligent behaviour is not covered by these restrictions above and are in accordance to the law. The personal liability of ALLNET workers who fulfilled their obligations for ALLNET is excluded. |
|
9.3 The claim for compensation expires after 6 months after delivery or supply of service. |
|
10. EXPORT and IMPORT LICENCES |
10.1 Products and know-how that have been supplied by ALLNET may only be used and stored within the country of delivery that has been agreed with the customer. The customer must obtain authorisation for re-export of contractual products, whether in an individual form or in a system-integrated form and this is fundamentally subject to the export regulations of the Federal Republic of Germany or of those of the country of delivery that has been agreed with the customer. The customer must acquaint himself with these regulations on his own initiative. Independent of whether the customer indicates the final destination of the contractual products, the customer must obtain the necessary authorisation from the responsible export authorities in each case at the customer's own liability, before exporting such products.
|
10.2 Every subsequent delivery of contractual products by customers to third parties, with or without the knowledge of ALLNET simultaneously requires the transfer of export authorisation conditions. The customer is liable for the proper observance of these conditions with regard to ALLNET. |
|
11. GENERAL REGULATIONS |
|
11.1 The customer does not have the right to transfer his entitlements that result from the contract. |
|
11.2 Ipswich is the place of fulfilment for the delivery of the contractual products and the court of jurisdiction for all legal disputes |
|
11.3 The legal regulations that are valid in the United Kingdom apply to these General Business Conditions. The Uniform Law for International Sales (EKG) and the standardised law on the conclusion of agreements (EAG) are excluded. |
|
11.4 4 If one or several clauses of these General Business Conditions are or become invalid, or the content of this contract should contain a regulatory gap, then the parties to the contract will replace or supplement the invalid or incomplete clause with appropriate regulations, which correspond as far as possible to the economic purpose of the intended regulation. The validity of the remaining clauses is unaffected by this. |
|
|