Terms and Conditions
1) DEFINITIONS ETC
a) These Terms and Conditions apply to all quotations and offers of all contracts entered into by Alco Systems Limited and/or any associated company including any Division, parent and/or subsidiary undertaking, hereinafter referred to as “Alco Systems”. They may only be amended in writing by a Director of Alco Systems. All such quotations and offers to contract are subject to Alco Systems obtaining credit insurance for the contracted sum, otherwise a deposit of 40%, would be required and the sums of 30% upon commencement of production and / or procurement and 30% upon completion, all inclusive of VAT as applicable.
b) The term herein contained shall include the agents and subcontractors duly appointed by Alco Systems with the exception only of the reference to “Alco Systems” in the general preamble above.
a) Alco Systems will not be responsible for the Customer’s failure to ascertain prior to ordering whether the base or surface on which goods and/or materials produced by Alco Systems are to be placed is appropriate for that purpose or that the dimensions given by the Customer are accurate and correct for the purpose.
b) Nothing herein contained or in any other document or literature published by or on behalf of Alco Systems shall imply that Alco Systems’ goods comply with any fire regulations or other statutory or recommended requirements or that the same contain any sound reducing qualities unless specifically referred to in the contract and/or acceptance order.
c) The client shall retain responsibility for obtaining planning consent and for compliance with building control and prevailing local and national regulations.
d) Responsibility rests with the client to ensure that specifications or requirements over and above those that could reasonably be considered by Alco Systems are brought to the attention of Alco Systems in writing at the earliest opportunity. The client will retain responsibility for ensuring that the offer and approved drawings take account of these specifications or requirements. The late introduction of such items may be subject to a variation at the discretion of Alco Systems.
e) Unless expressly included in our offer, structural calculations, wind load calculations, product testing and other calculations / design reviews are excluded from the contract. Where relevant, responsibility for structural calculations and / or windload calculations rests with the client.
3) DELIVERY, STORAGE AND DISTRIBUTION OF MATERIALS
a) Alco Systems will not be responsible for loss damage or delay to the delivery of goods and/or materials or the performance of the works being the subject of the contract caused by or arising from events beyond Alco Systems’ control. Every reasonable effort will be made to maintain any quoted date but such dates are subject to availability of labour and materials and are to be regarded as being for guidance only.
b) Alco Systems will notify the Customer of the date of delivery not less than seven days before the same, the Customer shall then: i) Ensure an authorised member of his staff is available both to receive and sign for the goods and/or materials delivered and thereafter accept all responsibility for the same. ii) Make any claim in respect of alleged defects or shortages in the goods and/or materials delivered in writing within seven days of such delivery. iii) Ensure that the goods and/or materials are carefully, safely and suitably stored until required for use or fixing and are then timeously and carefully distributed to the required fixing positions.
c) If, following the manufacture of goods in accordance with an agreed programme, the client is not in a position to accept delivery of the contract materials, Alco Systems reserve the right to charge all storage cost incurred. d) In no circumstances shall time be the essence of this contract or order.
a) Design alterations. Notwithstanding acceptance of the Customer’s order, Alco Systems expressly reserves the right to alter or change at any time the design or finish of its products as published in Alco Systems catalogues in the interest of product development. Alco Systems undertakes to give the Customer reasonable prior notice of such alteration or change and that it will not reduce the quality of the goods.
b) As a part of continuous product development and in circumstances where the goods originally specified are unavailable on reasonable commercial terms or where the initial offer is found to fall short of the design / specification criteria, Alco Systems reserve the right to substitute goods offered with comparable alternatives. In the event that the change is not cost neutral, Alco Systems reserve the right to notify the client, in writing, of a proposed amendment to the contract value for which Alco Systems may request a written, cost quantified instruction.
a) In the event that VAT is not applicable to the Contract, or that a reduced rate applies in whole, or in part, the client shall provide relevant documentation to support the application of a zero or reduced rate along with an assessment of the proportion to which the rates apply.
6) PROPERTY AND RISK
a) Property in goods delivered by Alco Systems shall not pass until payment is made in full. In case of default in payment Alco Systems shall be granted access rights in order to repossess the goods.
b) In the event of the Customer selling the goods or any part of them to a third party before payment in full has been made to Alco Systems the Customer shall hold all sums received for such goods as trustee for Alco Systems.
c) The risk in materials shall pass to the customer immediately on delivery to site.
7) FACILITIES AND INSTALLATION
a) Following notification of the delivery date, the client shall: i) Provide Alco Systems with unobstructed access to the fixing area together with such light and power as is required to carry out the necessary work. ii) Provide where appropriate all necessary attendances/facilities as laid down in the 6th Edition of the Standard Method of Measurement for Building Works Clauses B9 1-4 and B10.1 and 2. In the absence of any such attendance/facility the Customer shall indemnify Alco Systems in respect of all additional costs, loss or expenses incurred by Alco Systems in consequence. iii) Accept responsibility for costs of additional visits or extended fixing time or additional facilities due to the Customer’s failure to observe Items in sections 3 and 7 hereof.
b) Unless otherwise specifically agreed in writing, the delivery of all goods and/or materials shall be at one time and place and their fixing thereafter shall be in one uninterrupted operational visit. Access to the site of work shall not be shared or obstructed. All reasonable costs, arising from the Customer’s failure to ensure the foregoing will be charged as incurred plus overheads and profit as quoted, payable immediately.
c) Alco Systems expressly reserve the right to subcontract all or part of the work described in the quotation or offer without notice to the Customer, it being understood that Alco Systems will be responsible for such work in all respects as if it had been carried out by Alco Systems.
d) The Customer shall at the request of Alco Systems sign all correctly compiled Daywork Sheets, Variation Accounts and similar documents presented by such Subcontractors as if they had been presented by Alco Systems.
e) Alco Systems reserve the right to recover costs associated with aborted attendances where the attendance is deemed aborted as a result of the action(s) or the absence of action(s) on the part of the client, either in whole or in part. Standard Terms and Conditions of Sale. Page 2 of 2 Alco Systems Ltd. Rev 0. Effective 1/1/2011
8) VARIATIONS TO PRICE QUOTATIONS
a) All quotations and offers are based on costs ruling at the time of their submission. Notwithstanding anything to the contrary that may be contained in the Customer’s tender forms or printed conditions or otherwise all prices quoted are subject to adjustment in the event of increases in the cost or materials or wages, or alterations in working conditions or any other costs or expenses whether resulting from Government legislation and rules and orders made thereunder or otherwise.
b) Alco Systems reserves the right to make appropriate adjustments at any time until completion of the works. It is an express condition of this quotation that unit prices quoted by Alco Systems are calculated on the basis of quantities quoted for and if the Customer’s requirements are subsequently altered Alco Systems expressly reserve the right to increase unit rates as Alco Systems considers appropriate.
c) Alco Systems reserve the right to refuse to undertake variations or additional works without the receipt of a cost quantified instruction / agreed payment(s).
d) Alco Systems reserve the right to charge a reasonable rate for additional works or variations where the additional work or variation is deemed necessary in our opinion, or is carried out at the clients request.
9) TERMS OF PAYMENT
a) If there is any delay or default in any payment due to Alco Systems then Alco Systems may, after seven day’s notice in writing, delay, suspend or abandon delivery of the goods or the carrying out of works and may remove any goods supplied. Where deliveries are effected in instalments payment for each instalment shall be made in accordance with the terms of payment quoted by Alco Systems.
b) All payments shall be made on the due dates as a condition precedent to future deliveries and failure by the Customer to make payment on any due date shall constitute breach by the customer of the contract. After seven day’s notice in writing if the breach continues, Alco Systems shall have the right to cancel the whole contract or Alco Systems may, at its option, require payment of all outstanding monies before making any further delivery and/or resuming work.
c) Home Sales. Unless otherwise agreed accounts are due for payment within one month following despatch from Alco Systems’ works. Where special discount terms are quoted the terms must be strictly adhered to or otherwise the account will be charged nett.
d) Export Sales. Special terms will be quoted for export orders.
e) Credit facilities will be granted only provided that credit references satisfactory to Alco Systems are provided by the Customer (but see section 1a above).
f) Accounts paid after the due date shall be subject to the addition of 15% per annum.
g) The Customer shall not be entitled to withhold or set off from any payment due to Alco Systems under these Terms and Conditions any amount whether in respect of any claim by the Customer in respect of any goods supplied and/or installed by Alco Systems or for any other reason which is contested or for which liability is not admitted by Alco Systems.
a) The Customer shall notify Alco Systems in writing of any defects in any work carried out by Alco Systems within one calendar month of the completion of such work. Alco Systems will, as soon as practicable after receipt of such notification, carry out a full investigation of the Customer’s complaint for which the Customer shall allow unrestricted access. If satisfied that such complaint is justified, Alco Systems will rectify such faulty workmanship at its expense as soon as practicable thereafter to the Customer’s reasonable satisfaction. Alco Systems shall not in any circumstances be liable for any claims for faulty workmanship or materials not notified to Alco Systems as aforesaid.
11) WARRANTY AND EXCLUSIONS
a) Acceptance of any quotation or offer constitutes a warranty and representation by the Customer that it has complied with every appropriate Statute Order in Council regulation direction byelaw or other lawful requirement or instruction whether of the Government, Local Authority or other lawful authority and in particular that it has lawfully obtained every necessary licence permit or authority that may be required in this connection. The Customer shall indemnify Alco Systems fully in respect of any consequences of the Customer’s failure so to do.
b) This quotation excludes the payment of any fees in respect of planning permission, building regulations approval or other fees.
c) In the event that a defect arises in the goods within the warranty period, Alco Systems reserve the right to decline to repair / replace the goods free of charge where a consistent regime of care and maintenance in accordance with the manufacturers / Alco Systems’ care and maintenance manual cannot be demonstrated or where neglect, vandalism or misuse and abuse are evident or are suspected.
d) All glazing supplied shall be assessed under the prevailing Glass and Glazing Federation guidelines in the event of imperfections. In the event that imperfections are considered to be outside of the criteria specified by the Glass and Glazing Federation, Alco Systems shall be granted a reasonable period for rectification and may enter into dialogue with the client / end user to reach a satisfactory settlement.
12) SUSPENSION OR TERMINATION OF CONTRACT
a) If the Client instructs Alco Systems to postpone works, or if the order is cancelled, Alco Systems shall be entitled to be paid all costs incurred inclusive of profit and overheads and compensation for any loss of profit, loss of opportunity and the like and such sums shall become a debt due from the Customer to Alco Systems.
b) In the event of a breach of the contract arising from non-payment of monies owed, and after seven day’s notice in writing if the breach continues, Alco Systems shall have the right to cancel the whole contract or Alco Systems may, at its option, require payment of all outstanding monies before making any further delivery and/or resuming work.
a) Precedence of documents – unless specifically otherwise agreed and confirmed as above, these Terms and Conditions shall prevail over all other documents related to a contract or sale.
b) Any matters arising out of any contract and/or order not covered by these Terms and Conditions of Sale or any written variation thereof as aforesaid shall be dealt with in the manner laid down in the relevant standard JCT Form of contract or subcontract.
c) Alco Systems will not be responsible for consequential loss or damage in any circumstances whatsoever.
d) All contracts entered into and orders accepted by Alco Systems shall be governed by English Law.
e) Any dispute or difference arising under out of or in connection with these Terms and Conditions may be referred to adjudication at anytime to an adjudicator nominated by the president or vicepresident for the time being of the Chartered Institute of Arbitrators and shall be conducted in accordance with the Scheme for Construction Contracts (England & Wales) Regulation 1998 SI No 649 or any amendment or re-enactment thereof. The Adjudicator’s decision shall be final and binding on the Customer and Alco Systems until the dispute or difference is finally determined either by agreement between the parties or the Courts.
f) If any condition, clause or provision of these Terms and Conditions is held to be illegal or unenforceable, it may be severed and the validity or enforceability of the remainder of these Terms and Conditions shall not be affected thereby.
g) Notwithstanding any other provision of these Terms and Conditions, nothing in these Terms and Conditions confers or purports to confer any right to enforce any of its terms on any person who is not a party to it and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be of no effect in respect of these Terms and Conditions.
h) These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales, and the English Courts shall have jurisdiction with regard to all matters arising from these Terms and Conditions.]
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