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Terms & Conditions

Albany Equipment Limited - Standard Terms and Conditions of Sale 

 

 `Albany` or `Albany Equipment Limited' refers to Albany Equipment Limited, 385, Hagley Road West, Quinton, Birmingham, B32 2AL ( Registered Address : 385, Hagley Road West, Quinton, Birmingham, B32 2AL.  

           Registered in England No. 4717101 

·      Prices quoted are not inclusive of VAT, which would be charged at the current rate in force on the date of sale, prices include the cost of delivery to a none domestic address.

·      Albany has made every effort to ensure that the information contained within this website and other literature issued by us, including technical data, descriptions, and illustrations are correct; however they do not constitute a sale by description. Albany reserves the right to supply goods that have been modified by design, specification or finish and will endevour to advise the Customer before the Sale is completed.

·      Albany`s standard terms for the sale of catering equipment and any directly associated works are strictly payment with receipt of order. Payment terms and conditions for other works undertaken by Albany may vary and will be clearly stated in an accompanying letter issued on a specific basis. Where a variation to the standard terms has been agreed any account outstanding beyond agreed payment dates will be subject to a surcharge of £25.00 to cover costs incurred. Such accounts will also be subject to any other costs incurred in obtaining settlement. A credit charge of 12% per annum will be made on all invoices not paid by the due date. The Company reserves the right to vary the rate of interest charges.

·      Where parts or equipment is not of the companies manufacture, our liability is confined to the guarantee given to us by the maker. We do not undertake to pay for the cost of disconnecting or reconnecting any equipment or the carriage charges involved in returning it to us. 

·      All invoices are due for payment on or before the date stated on them. Any invoice outstanding beyond this period will be referred to First Legal Debt Recovery 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 the Legal fees incurred will be the responsibility of the customer and will be legally enforceable. Title of the goods does not pass to the buyer until cleared payment has been received by Albany.

     The risk in the goods shall pass from the seller to the buyer upon delivery oif such goods to the buyer. However, notwithstanding deliverey and the passing of riskin the goods, title and property in the goods, including fulllegal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for the goods deklivered to the buyer under thjis and all other contracts betwwen the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.  

·       No binding contract shall be in effect until confirmed in writing by Albany. Quotations, price lists and other material published by the Albany do not constitute offers. 

·       If Goods are accepted from a carrier without prior checking, or signed for 'unexamined' no claim whatsoever can be accepted by Albany. It is the responsibility of the buyer or their agent(s) to inspect the goods immediately, sign the delivery note accordingly and where applicable inform Albany immediately of any alleged damage or shortages. Albany has no liability for any damage caused during off-loading. 

·      Upon delivery of the goods to the buyer or its agent(s) all risk in the goods passes to the buyer. Where applicable until full payment has been made, The buyer holds the goods in trust for The Company and is responsible for keeping the goods separate from any other assets and in a state of good repair. All goods remain the property of the Company until invoices are paid in full. The customer shall remain a bailee only until full payment is made.  

·      No claim for damage in transit or shortage in delivery will be considered unless immediate notice is given verbally and in writing both to the carrier and to Albany within three days of receipt of the goods, followed by a more detailed claim within ten days of receipt of the goods. No goods returned to Albany will be accepted without prior written authorisation. A breach of these conditions shall debar the buyer from making a claim.  

·      Where applicable no retentions will be applicable without the prior and express agreement of Albany Equipment Limited.  

        ·      Albany Equipment Limited “Conditions of Sale” on the reverse of any letters accompanying quotes are valid.

  • If a customer cancels an order for a standard item of equipment after that order has been entered into our books we reserve the right to hold the customer liable to pay up to 25% of the quoted cost to cover administrative and other costs.
  • If a customer cancels an order for an item of equipment which has been specifically made to their requirements, the said customer will be liable, in addition to the above, to bear the costs of converting the equipment to standard specification. Where the said item cannot be converted then the customer will be liable for the cost of manufacture up to the time of cancellation, as well as the liabilities outlined in the paragraphs above. 

·      Commercial catering equipment can be dangerous if not correctly maintained and must be serviced regularly by qualified Service Engineers. Albany accepts no liability in respect of any loss or damage resulting from the use of such equipment which has not been serviced or overhauled within the manufacturers specified period. Regular servicing is essential to ensure the equipment is to operate as specified. Any failure of the equipment through the lack of servicing or mis-use within the normal warranty period may render the repairs necessary chargeable and the customer will not be able to rely on normal warranty conditions. Any work, including installation, carried out by non authorized agents may render the warranty invalid. 

·      Provision has not necessarily been made for local water conditions. Some of the appliances offered for sale may require water treatment (softened supplies). Full details are available upon request. If necessary, suitable water softeners can be supplied by Albany at an additional cost. 

·      Certain products may require the incoming water supply to be at a certain pressure. Full details are available upon request. If pressures are inadequate then localized booster / pressure reducing valves will be required. These can be supplied at an additional cost.  

·      Certain types of equipment (for example dishwashers and waste disposal units) are not always permitted to be connected direct to the incoming mains water supply. In such cases water supplies must be taken from independent storage tanks sited within the building. 

·       Where appropriate, detailed point and services drawings in plan form only and any specialist fabrication drawings will be issued for approval within fourteen days of your official instructions to proceed. Such drawings cannot be commenced until the company is in possession of the full design detail, site sizes and conditions. Any alterations required to drawings will be carried out and resubmitted if required for the final approval within seven working days there return.

The delivery and lead time stated in the covering letter of Albanys quotation will commence from the date of our receipt of final approval. Delivery of equipment supplied by Albany  will normally be made by a third party carrier to the address requested by the buyer. Carriage charges, where applicable will be shown with the quotation issued by Albany. While every effort will be made to adhere to delivery estimates, Albany shall not be held liable for any loses, costs, damages or expenses however arising. Where approved drawings are at variance with the original specification then it must be concluded that the subsequently approved drawings prevail.
 

·     In no circumstances whatsoever shall Albany be liable to the buyer or their agent(s) whether for breach of contract, in tort (including but not limited to negligence), breach of statutory duty, breach of warranty or otherwise for loss of profit, loss of use, loss of business, loss of goodwill, loss of contracts or for any other economic, financial or monetary loss whatsoever that may be suffered by the buyer for any other indirect or consequential loss whatsoever.  

·      Albany will not be under any liability whatsoever for non performance of its obligation, in whole or part, as a result, of circumstances beyond the Albany`s control.  

·     The construction validity and performance of any contract between Albany Equipment Limited and the buyer shall be in accordance with English Law. 

 
 
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