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Terms and Conditions
Unless otherwise agreed and in writing in advance, these conditions of sale, goods return and payment terms are relative to transactions conducted between AFLEX Limited and customers based in the United Kingdom and the Channel Islands.
- Contract of Sale Formation
No contract shall be considered formalised until a written identifiable order is placed by the purchaser and accepted by AFLEX Limited. The purchaser shall be deemed thereafter to have contracted under these conditions. Any other conditions, warranties and representations whatsoever made either orally or in writing given expressly or implied shall be excluded from these terms and conditions unless agreed, in advance, and in writing, by AFLEX Limited. - Cancellation
In the event of a purchaser cancelling a contract with AFLEX Limited after placing their purchase order and prior to the delivery of goods, then AFLEX Limited reserve the right to levy a charge of up to 25% (twenty five per cent) of the full amount of the contract. Any alterations, modifications or variations of a written order under the terms and conditions of this contract may only be accepted by AFLEX Limited when effected in writing and in advance and with any charges resulting from such alterations, modifications or variations being levied for the account of the purchaser. - Price
All prices exclude delivery charges and VAT and are correct at the time of the making of the contract with the purchaser. AFLEX Limited reserves the right to modify prices. - Delivery
AFLEX Limited reserves the right to make deliveries by instalments. Delay in delivery or other default of any delivery instalments shall not relieve the purchaser of their obligation to accept and pay for the remaining delivery under the contract. All claims for non-delivery shall be deemed null and void unless they are presented to AFLEX Limited within THREE DAYS of the intended delivery date for each shipment. All claims shall be in writing and delivered by email, letter post, courier or other agreed acceptable means AFLEX Limited reserves the right to require the purchaser to take delivery of the goods or services at the agreed time or where goods cannot be accepted at these times, then to render invoices for goods and any ancillary costs at that time. Payment for all goods and services shall be made to AFLEX Limited within 30 days of the invoice date, where formal credit arrangements have been previously agreed. Unless otherwise agreed in writing and in advance, payment is required with cleared funds prior to delivery of the goods ordered under contract. - Payment Terms
AFLEX Limited accepts payment by bank transfer or approved company debit or procurement card within the terms of settlement agreed with the customer. Where formal credit arrangements have been applied for and approved by AFLEX Limited, invoices will be dated as at the date of shipment and settlement will be made within 30 days following the invoice date. AFLEX Limited reserves the right to charge interest at the rate of 2% per month from the date of the Invoice until payment is made where settlement is overdue according to these terms. - Credit Arrangements
Customers wishing to apply to AFLEX Limited for credit arrangements should do so through the careful completion of a formal credit application by a responsible company representative. These applications must be completed and acknowledged by AFLEX Limited before any credit facility may be operated. The approval of such a facility by AFLEX Limited is a prima facie acknowledgement by the customer that settlement will be within the 30 day terms stated. - In Transit Damage
Unless otherwise specifically agreed in writing and in advance by both parties all risk of loss or damage to the goods from whatever cause arising shall be borne by the Purchaser from the time of delivery to the common carrier. The Purchaser MUST inspect the product immediately upon receipt. If it or any part of it does not operate properly owing to damage in shipment a claim must be filed together with a full report of the damage and forwarded to AFLEX Limited. This must be done within 48 HOURS OF RECEIPT. The forwarding of a copy of the claim to AFLEX Limited shall be for information purposes only and shall not in any way be interpreted as an assumption of responsibility by AFLEX Limited or those of its agents for any risks in shipment. All freight charges to and from AFLEX Limited’s premises shall be the sole responsibility of the Purchaser unless otherwise agreed in writing and in advance. - Warranty
Any warranty applicable to products sold by AFLEX Limited must be in writing and agreed with the purchaser at the time of order. - Credit for Returned Products
No products may be returned for credit unless agreed by AFLEX Limited in writing and in advance, and any credit, if granted (in the absolute discretion of AFLEX Limited), will be subject to the deduction of handling charges, cancellation charges (paragraph number 2) and to adjustment depending on the condition of the products returned. The amount of such reduction or adjustment to be determined by AFLEX Limited in its absolute discretion. The responsibility for any damage to returned products during transit lies with the Purchaser. Goods returned for any reason must be despatched by the customer within SEVEN DAYS of receipt of the goods by them, according to the date and time of original proof of delivery notice. Any returns after seven days may not be credited according to the decision of AFLEX Limited. In accordance with those terms and conditions, the customer accepts the delay in returning goods for refund may invalidate any credit being given by AFLEX Limited. LEGIBLY SIGNED PROOF OF COLLECTION OF GOODS REQUESTED FOR RETURN MUST BE EMAILED FTAO CUSTOMER SERVICES. Without the above proof of collection returns and subsequent credits cannot be processed. Authorised return of products exclude special offers, individual configurations, opened software packages, opened hardware, projection equipment , furniture and safes, opened ink cartridges, toner, ribbons and notebooks (if the seal is broken). These procedures are provided so that returns and credits might be dealt with efficiently and in accordance with the customer care policy of AFLEX Ltd. Failure by the customer to adhere to these procedures may invalidate claims that are not in compliance. In any circumstance when replacement goods are delivered by AFLEX Ltd and accepted by the customer with or without a proof of delivery. Then the customer shall be responsible for payment due in accordance with these terms and conditions. Whether or not the goods are delivered under the original or a replacement customer order for the goods so replaced. All statutory rights are observed. - Liability
All shipping dates provided are approximate and are based upon prompt receipt of all necessary information from the Purchaser. AFLEX Limited shall not be liable for any delay including delivery or failure to manufacture due to Acts of God, acts or defaults of the Purchaser, or source of supply or acts of Civil Disobedience or Military Authority, or any other cause beyond AFLEX Limited's reasonable control. In the event of any such delay arising from any one or more of the reasons provided herein the sole and exclusive remedy of the Purchaser shall be to extend the date of delivery for a period equal to the time lost by reason of delay. AFLEX Limited shall not be liable for and the Purchaser shall indemnify AFLEX Limited against any claim for loss or damage sustained by third parties caused by AFLEX Limited products whilst in the possession of the Purchaser. Any liability shall be restricted to the value of the contract. - Technical Advice
AFLEX Limited does not accept responsibility for the specific purposes in which the product is applied including but not limited to compatibility with other products. TECHNICAL ADVICE FURNISHED OR RECOMMENDATION MADE BY AFLEX LIMITED OR BY ANY REPRESENTATIVE OF AFLEX LIMITED CONCERNING ANY USE OR APPLICATIONS OF ANY AFLEX LIMITED PRODUCT FURNISHED UNDER THIS CONTRACT IS BELIEVED TO BE RELIABLE BUT AFLEX LIMITED MAKES NO WARRANTY EXPRESSED OR IMPLIED IN REGARD THERETO NOR DOES AFLEX LIMITED IN ANY WAY REPRESENT THE RESULTS, WHICH WILL BE OBTAINED BY INTEGRATING ITS PRODUCTS WITH PRODUCTS MANUFACTURED BY OTHER COMPANIES. The application and use of the product is the total responsibility of the purchaser. - Default of Payment
The property in the products shall remain in AFLEX Limited until all monies due to AFLEX Limited in respect therefore have been paid. Should the Purchaser default any payment due under any contract AFLEX Limited has the right without prejudice to recover and remove from the Purchaser’s premises the products to which the default refers. The same shall also apply should the Purchaser become bankrupt or insolvent or have a receiving order made against them or compound with their creditors or carry on their business under a Receiver for the benefit of their creditors. Any costs of such reclamations shall be for the account of the purchaser. - Alterations, Modifications and Variations
No Alterations, Modifications or Variations of these Conditions of Sale, Return and Payment Terms shall be effective or valid unless noted herein or contained in a separate written document approved by AFLEX Limited. OTHER STATEMENTS OF ACTION BY SALESMEN REPRESENTATIVES OR OTHERS SHALL NOT BE VALID AND UNTIL SO WRITTEN AND ACCEPTED. WHERE A FIXED PRICE IS AGREED, THE CUSTOMER MUST OBTAIN AFLEX LIMITED ORDER ACKNOWLEDGEMENT AS NO RE-NEGOTIATION, RETURNS OR CREDIT WILL BE PROCESSED WITHOUT THIS DOCUMENT. - Disputes
Should both parties be unable to reach agreement to any dispute, both parties will submit to a jointly agreed Arbiter to seek a resolution prior to the commencement of any legal proceedings. - Severability
If, and to the extent that, any of the terms and conditions of the contract shall be determined by a court of law to be invalid, unlawful or unenforceable such term or condition shall to that extent be severed from the remaining terms and conditions which shall continue to be valid to the fullest extent permitted by law. - Force Majeure
If the performance of this Agreement cannot be continued due to force majeure, the Parties may be exempted from liabilities in whole or in part according to the impact of the force majeure. If either party cannot perform this Agreement due to force majeure, it shall immediately notify the other party, and try its best to minimize the possible losses as sustained by the other party, and shall timely provide a proof to the other party. - Law
This contract shall be subject to the laws of England and construed in all respects as an English contract. If these conditions of sale are being provided as part of a quotation the quotation shall only be valid for SEVEN DAYS, or less if stated otherwise within the quotation itself, from the date it is provided to any prospective customer. Thereafter the quotation shall be reconfirmed or renewed since it shall otherwise become null and void after that time. - Statutory Rights
Your statutory rights are protected according to law. All errors and omissions excepted. - Entire Agreement
This Agreement embodies the entire agreement and understanding among the parties hereto, and supersedes all prior agreements and understandings relating to the subject matter hereof.
