Frequently Asked Questions

Terms and Conditions

ALM Products Limited Terms and Conditions relating to the Sale of Goods from a Website

1. Interpretation In these Conditions:- "Acceptance of Order" means our electronic message to you confirming that your order has been accepted; "ALM Products"/"we" means ALM Products Limited; "Buyer"/"you" means the person who has ordered Goods from the ALM Products; "Conditions" means the terms and conditions set out below; "Contract" means the contract for the purchase and sale of the Goods made on this website, subject to these Conditions; "Goods" means any goods to be sold under the Contract, as set out in the Acceptance of Order; "Incoterms" means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made; "Price" means the price payable under the Contract for the Goods.

2. Basis of the Sale

2.1 We shall sell the Goods to you subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions. No variation to the terms of the Contract shall be binding unless agreed in writing between authorised representatives of the Buyer and ALM Products. Your order constitutes acceptance of these Conditions. 2.2 The information available on this website is given in good faith and for guidance only, it may be incomplete, out of date or inaccurate. It is, therefore, essential that you verify all information with us before taking any action in reliance upon it and in particular it is your responsibility to ensure that the Goods are suitable for your intended purpose.

2.3 Any e-mail or other enquiries you raise with us shall not be orders for Goods and where Goods are ordered by some means not direct from this website, these Conditions will not apply and our current standard terms for sale of Goods (non website) shall apply.

2.4 Where you are a consumer for the purposes of Directive 97/7/EC on the protection of consumers in distance contracts (as implemented into English law) and to the extent that such Directive is applicable to the Contract, you have the right to withdraw from the Contract without reason during the Withdrawal Period (defined below) and if the right to withdraw is exercised, you shall be solely responsible for the cost of returning the Goods to us. We will reimburse any sums paid by you for the Goods free of charge, such payment to be made within 30 days from exercise of the right of withdrawal. Subject to the Directive, the Withdrawal Period shall begin on the day of receipt by you of the Goods and shall end seven working days after that date. Saturdays, Sundays and any public holidays in the country where you reside shall not count as working days.

3. Orders and Specifications

3.1 You are responsible for ensuring the accuracy of the terms of any order placed with us via this website.

3.2 No order which has been accepted by us may be cancelled by you except with our agreement in writing and on terms that you will indemnify us in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by us as a result of cancellation.

4. Price and Payment

4.1 The Price of the Goods shall be as set out in the Acknowledgement of Order and shall be based upon the price listed in our published price list on this website current at the date of your order.

4.2 Prices quoted are (except where expressly provided otherwise) exclusive of VAT and all other applicable taxes and levies which shall be payable in addition by the Buyer.

4.3 Separate delivery and insurance charges are payable and shall be as set out in the Acknowledgement of Order and shall be based upon the published price list on this website.

4.4 All orders will, subject to confirmation in the Acknowledgement of Order, be paid for by the method indicated in your order. Payment methods accepted by ALM Products are detailed on this website. No order will be accepted unless a payment method option has been agreed.

4.5 Invoices will be despatched with Goods, which shall, where appropriate indicate receipt of payment. 4.6 Where you are a consumer for the purposes of Directive 97/7/EC (as implemented into English law) and to the extent that such Directive is applicable to the Contract, the consumer may request in writing cancellation of a payment made where fraudulent use has been made of his credit card and the consumer will be re-credited with sums paid.

5. Delivery

5.1 Delivery of the Goods shall be made, in ALM Products' absolute discretion, by either post or carrier, to the address for delivery you give us at the time of order.

5.2 Any dates quoted on this website or in the Acknowledgement of Order for delivery are approximate and we shall not be liable for any delay however caused. Time shall not be of the essence of the Contract.

5.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure to deliver any one or more of the instalments or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.

5.4 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or due to your fault (including where you have given us incorrect or incomplete address details), and we are accordingly liable to you, our liability shall be limited to reimbursement of the Price paid by you for such Goods.

6. Risk and Property

6.1 It is your responsibility to insure the Goods from the time that they are despatched by us for delivery by post or despatched by us to a carrier. The costs of insurance are included in the delivery costs.

6.2 Full legal and beneficial ownership will pass to you when we receive payment in full in respect of the Price.

7. Warranties and Liability

7.1 ALM Products warrants that the Goods will be free from defects in material and workmanship for a period of 12 months from delivery. This warranty is given subject to the following:-

7.1.1 we shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the instructions, incorrect installation, misuse or alteration or repair of the Goods without our consent;

7.1.2 the above warranty does not extend to parts, materials, equipment or goods not manufactured by us, in respect of which you will only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us.

7.2 Subject as expressly provided in these Conditions and except where Goods are sold to a consumer within the terms of the Unfair Contract Terms Act 1977, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law and ALM Products shall have no liability to you or any third party for any injury, loss or damage of any kind (including consequential loss or damage and/or loss of profit) arising in connection with the Contract, whether direct or indirect and including (without limit) loss or damage arising out of or incidental to:-

7.2.1 our negligence (except to the extent of death or personal injury); and/or

7.2.2 our performance of or failure to perform any obligation under the Contract or otherwise; and/or 7.2.3 any defect in the Goods.

7.3 Any claim by you which is based on any defect in the quality or condition of the Goods shall (whether or not delivery is refused) be notified to us within seven days of delivery or of the date when delivery was rendered or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.

7.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is notified in accordance with these Conditions, we shall be entitled to correct any defect by, at our option, repairing or replacing any of the Goods which are defective or accepting their return for appropriate credit but ALM Products shall have no further liability to the Buyer. ALM Products obligation under this clause is, without limitation, conditional upon the Buyer furnishing satisfactory evidence that the Goods alleged to be defective have been properly installed and maintained according to the manufacturers instructions. We reserve the right to request proof of the installation date prior to accepting claims under this clause.

7.5 Without prejudice to the foregoing, if we are liable to you under the Contract, (except in the case of death or personal injury in respect of which our liability is not limited) our liability shall be limited to £10,000.

7.6 ALM Products shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of it's obligations in relation to the Goods, if the delay or failure was due to any cause beyond ALM Products' reasonable control.

7.7 Where Goods are sold under a consumer transaction, the statutory rights of the Buyer are not affected by these Conditions.

8. Export Terms

8.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

8.2 Where the Goods are supplied for export from the United Kingdom, the provisions of this Condition shall (subject to any special terms agreed in writing) apply notwithstanding any other provision of these Conditions.

8.3 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.

8.4 ALM Products shall be under no obligation to give notice under Section 32(3) of the Sale of Goods Act 1979.

9. General

9.1 The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of other rights or remedies.

9.2 If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of this Agreement and the remainder of the affected provisions shall continue to be valid.

9.3 This Agreement shall be governed by and construed in all respects in accordance with the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.