Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, the Buyer agrees to be bound by these Terms of Service. If The Buyer does not agree to all the terms and conditions of this agreement, then the buyer may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. The Buyer can review the most current version of the Terms of Service at any time on this page. The Seller reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the Buyer’s responsibility to check this page periodically for changes. The Buyer continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

OVERVIEW:

By visiting our site and/ or purchasing items(s) or service(s) from us, The Buyer engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, distributors and/or merchants.

1. Definitions

In these conditions ‘Seller’ or 'The Company' shall mean Alpha Machines and Metals Ltd. and its subsidiaries and any associated company. ‘Buyer’ shall mean the purchaser of the goods supplied by the Seller. ‘Goods’ shall mean any item or services supplied by the Seller. ‘Home sale’ shall mean goods delivered within the United Kingdom. ‘Export sale’ shall mean goods delivered outside the United Kingdom.

2. Scope

These conditions apply to Export sales and Home sales equally unless specifically stated herein to the contrary.

3. Terms and Conditions

These conditions apply to all contracts and over ideal conditions stipulated by the Buyer and any other agreements between the parties relating to the subject matter hereof are hereby terminated.

The general conditions supersede any earlier sets of conditions appearing in the Seller’s catalogue, price lists and elsewhere. The signing by the Seller of any of the Buyer’s documentation does not imply a modification of these general conditions. Any modification of these general conditions is ineffective unless made by an express written agreement between the parties.

4. Online Store Terms

By agreeing to these Terms of Service, The Buyer represent that the Buyer(s) is/are at least the age of majority in the Buyer’s country, state or province of residence, or that the Buyer are the age of majority in the Buyer’s country, state or province of residence.

The Buyer must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of the Buyer’s Services.
The Seller reserves the right to refuse service to anyone for any reason at any time.

The Buyer understand that the some of the information about buyer, shared or known (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

5. Product and Specifications

All descriptions and illustrations contained in the Sellers catalogue, price list and advertisements or otherwise communicated to the Buyer are intended merely to represent a general idea of the items described therein and nothing contained in any of them shall form any part of any agreement of which these general conditions form a part. Notwithstanding that a sample of the goods may have been exhibited to and inspected by the Buyer it is hereby agreed that such sample was so exhibited and inspected solely to enable the Buyer to judge for himself the quality of the bulk and not so as to constitute a sale by sample. The Seller reserves the right, but are not obligated, to limit the sales of Seller’s products or Services to any person, geographic region or jurisdiction. The Seller may exercise this right on a case-by-case basis. The Seller reserves the right to limit the quantities of any products or services that The Seller offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Seller. The Seller reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The Seller do not warrant that the quality of any products, services, information, or other material purchased or obtained by the Buyer will meet The Buyer expectations, or that any errors in the Service will be corrected.

6. Retention of Title

[i] The property in all goods supplied shall remain with the Seller until all monies owed by the Buyer to the Seller shall have been paid. Risk in the goods shall pass to the Buyer on delivery in accordance with the terms as to delivery and the Buyer shall thereafter insure the goods against all loss or damage howsoever occurring.

[ii] The Buyer shall be entitled to offer for sale and sell the goods at the best obtainable price in the ordinary course of its business as principal vis-à-vis sub-buyers and not as agent for the Seller. The Seller, however, shall be legally and beneficially entitled to the proceeds of sale and the Buyer shall pay such proceeds of sale into a separate account or otherwise shall ensure all proceeds of sale are kept by or on behalf of the Buyer in a separate and identifiable form. In particular but without prejudice to the generality of the foregoing the Buyer shall not pay the proceeds of sale into the bank account which is overdrawn. Further forthwith upon receipt of the proceeds of sale the Buyer shall pay to the Seller any of the aforesaid sums outstanding to the Seller and shall not use or deal with the proceeds of sale in any way whatsoever until such sums have been paid.

[iii] If the Buyer incorporates or mixes the goods with or uses the goods to manufacture other equipment or products (‘the new goods’) in such a way that the goods are not a readily identifiable and removable part of the new goods the Buyer shall store such new goods separately and shall notify the Seller of the precise location and position thereof and the ownership of such new goods and the property therein shall vest in the Seller. Upon any sale of any new goods by the Seller, then if the proceeds of sale exceed the monies due to the Seller from the Buyer, the Seller shall apply the balance of the proceeds of sale as follows:

(a) firstly, reimbursing the Seller the cost and expense of the taking of possession and the sale of the new goods and any damages which the Seller has suffered as a result of any repudiation of the contract by the Buyer.

(b) secondly, paying any sums due and owing to other creditors of the Buyer in respect of other items and materials in connection with the manufacture of the new goods where the property in such items and materials has remained vested in such other creditors by reason of effective reservation of title clauses and the claims of such other creditors pursuant to such reservation of title clauses have been notified to the Seller by the Buyer or its liquidator, administrator or receiver or by such other creditors.

7. Price

[i] Prices for the Seller’s products and /or services are subject to change without notice.

[ii] The price to be paid for the goods will be for the price ruling at the date of despatch and the Seller reserves the right to alter the price to account for accidental errors and omissions.

[iii] The Seller shall be entitled to recover from the Buyer by way of addition to the price such amounts as the Seller is liable to charge in respect of Value Added Tax or any other taxes or duties in relation to goods supplied hereunder.

[iv] The seller reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

[v] The seller shall not be liable to the Buyer or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8. Account and Billing Information

The Seller reserves the right to refuse any order the Buyer place with the Seller. The Seller in their sole discretion may limit or cancel quantities purchased per person, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Seller make a change to or cancel an order, the Seller may attempt to notify The Buyer by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

The Buyer agrees to provide current, complete and accurate purchase and account information for all purchases made at the Seller’s Webshop. The Buyer agree to promptly update the Buyer account and other information, including the Buyer email address and credit card numbers and expiration dates, so that the Seller can complete the Buyer transactions and contact the Buyer as needed.

For more detail, please review Seller’s Returns Policy.

9. Payment

[i] Export Sale. Unless otherwise agreed in writing payment of the price shall be made by satisfactory irrevocable documentary Letter of Credit to be opened in the Seller’s favour with a first class London Bank and confirmed by them negotiable against documents on presentation. Work will not commence or goods be dispatched until such confirmation is received.

[ii] Home Sale. Payment for the goods/service(s) shall be made 100% by Credit/Debit Card or Bank Transfer or current dated cheque in favour of the Seller, along with the purchase order for all customers, except for customers having credit facility with the Seller. For those customers having credit facility with the Seller, the payment for the goods / service(s) shall be made not later than the end of the month following the month in which the goods are invoiced. The right is reserved to either retract any discounts granted or to charge interest to overdue accounts at 3% over current Bank of England base rate at the Seller’s discretion.

10. Delivery

[i] Delivery dates are approximate and whilst every effort will be made to meet such dates the Seller will not accept responsibility or liability if any delivery dates are not met.

[ii] Without prejudice to Clause 10[i] the Seller shall not be liable for any delay in delivery or non-delivery of goods caused by any circumstances beyond the Sellers control including without limitation, any Act of God, explosion, fire, flood, war, hostilities, riot, accident, delay in delivery or non-delivery by the Sellers suppliers, breakdowns or accidents to machinery, labour strike or dispute, order of decree of any court or action of any government authority, or any other causes or any circumstances whatsoever beyond the Sellers control, and on the occurrence of any of the above events the Seller reserves the right to cancel or suspend the whole or part of the delivery.

[iii] It may be agreed with the Buyer to provide the goods against the Buyers forward schedules. In the event of any request to the Buyer to change delivery periods, technical specifications or quantity in a delivery the Seller will inform the Buyer if such changes may be implemented, the notice necessary to effect them and any additional charges incurred.

11. Carriage Home Sales

[i] Carriage will be charged for any delivery of a value below the minimum delivery value entitling the Buyer to free delivery. This value may be adjusted by the Seller from time to time without notice.

[ii] Where the Buyer requests special delivery of the goods these can be arranged. The extra cost thereof will be for the account of the Buyer.

12. Carriage Export Sales

Unless otherwise agreed in writing all goods are supplied F.O.B. as defined INCO Terms 1953 at country of origin and all charges will be for the account of the Buyer.

13. Loss or damage in transit, Home Sales only

If the goods or any part thereof are or is damaged or lost while in the custody of a carrier the Seller will at the Seller’s sole option, either replace such goods or such part thereof or refund to the Buyer the cost or price of the same, but in no circumstances whatsoever shall the liability of the Seller in connection with any such goods or part thereof exceed the cost of replacement of the same or the price paid by the Buyer for the same.

The Seller shall in no circumstances be under any liability under this clause unless the following conditions are strictly complied with:-

[i] Non-delivery of a whole consignment of goods. The Buyer must inform the Seller within seven days of the date of invoice in writing or by email:

[ii] Damage to goods or loss of part of a consignment: Consignments must be inspected in the presence of the carrier. If any goods are damaged or lost the consignment note must be endorsed accordingly and the Buyer must submit a detailed written claim to the carrier within three days of the date of delivery and supply a copy of such a claim to the Seller within seven days of the date of delivery.

14. Guarantee

[i] Complaints by the Buyer in respect of goods alleged to be defective shall not be a ground for the Buyer to withhold payments of accounts due to the Seller from the Buyer and shall not give any right of set-off against payments due from the Buyer to the Seller.

[ii] The Buyer shall determine the suitability of the products for his intended use and shall not rely upon any representations made by or on behalf of the Seller. In no circumstances will the Seller’s liability exceed the limitations set forth above.

[iii] The goods shall be subject to the terms contained in any form of guarantee issued by the Manufacturers but shall be free from all other warranties expressed or implied statutory or otherwise and the Seller shall not be responsible or liable for any injury or damage to person or property or loss or consequential loss arising out of there use or handling. The Seller shall not accept responsibility for the expiry of any such guarantee due to the period for which the goods have been held in stock or otherwise.

15. Form of Orders

Except through the online store, all orders should be in writing by official order or by email and will always be subject to these General Conditions. Telephone orders are accepted at the Seller’s discretion and again will be subject to these General Conditions. However confirming orders shall be clearly so marked and duplication from failure to do so will be dealt with in accordance with Clause 16 hereof.

16. Returned Goods

No returns will be accepted by the Seller without his prior consent.

17. Cancellation of Orders

Orders accepted by the Seller constitute a Contract and cannot be cancelled by the Buyer for any reason whatsoever without the consent in writing of the Seller and such consent shall be on the basis of a levy of not less than 20% and up to 100% on the price of the order to be cancelled. Where the order is for products which are being manufactured to order by the Seller or the Seller’s supplier and the process has started no cancellation can be accepted.

18. Patents

[i] The Seller endeavours not to offer for sale goods which infringe know or valid Patents but shall not be liable and no claims shall be made against it by the Buyer for any damage or loss of profit arising from infringement of any Patent or Registered Design or from any use or sale of the goods.

[ii] If the Seller provides advice to the Buyer in matters of technique or supplies goods for carrying a technique into effect the tendering of such advice or the supply of such goods carries no guarantee that such technique is free from Patent restrictions nor can the Seller accept any liability arising from infringement or alleged infringement of Patent as a result of the Buyer following the advice tendered by the Seller or using the goods.

19. Receivership

In the event of a receiver being appointed of a Buyer’s property or assets or any part thereof or a court order being made or resolution passed for the winding up of the Buyer [except for the purposes of amalgamation or reconstruction] or of the Buyer committing any act of bankruptcy, or having any bankruptcy petition presented against him, then the Seller shall be at liberty forthwith by notice in writing to the Buyer to cancel all orders and contracts or any part thereof remaining unfulfilled between the Seller and the Buyer for the delivery of the goods.

20. Optional Tools

The Seller may provide the Buyer with access to third-party tools in the Webshop over which the Seller neither monitor nor have any control or input.

The Buyer acknowledge and agree that The Seller provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Seller shall have no liability whatsoever arising from or relating to the Buyer’s use of optional third-party tools.

Any use by the Buyer of optional tools offered through the site is entirely at the Buyer’s own risk and discretion and the Buyer should ensure that the Buyer is familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

The Seller may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

21. Third Party Links

Certain content, products and services available via Seller’s Webshop Service may include materials from third-parties.

Third-party links on this site may direct the Buyer to third-party websites that are not affiliated with the Seller. The Seller are not responsible for examining or evaluating the content or accuracy and the Seller do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

The Seller are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is the responsibility of the Buyer to review carefully the third-party’s policies and practices and make sure the Buyer understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

22. User Comments, Feedback and Other Submissions

If, at Seller request, The Buyer send certain specific submissions (for example installation photos) or without a request from the Seller, the Buyer send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), The Buyer agree that The Seller may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Buyer forward to the Seller. The Seller are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

The Seller may, but have no obligation to, monitor, edit or remove content that the Seller determine in their sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
The Buyer agree that the Buyer’s comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Buyer further agree that the Buyer’s comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The Buyer may not use a false e‑mail address, pretend to be someone other than the Buyer themselves, or otherwise mislead the Seller or third-parties as to the origin of any comments. The Buyer is solely responsible for any comments the Buyer make and their accuracy. The Seller takes no responsibility and assumes no liability for any comments posted by the Buyer or any third-party.

23. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, The Buyer are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Seller’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. The Seller reserves the right to terminate The Buyer use of the Service or any related The Website for violating any of the prohibited uses.

24. Disclaimer of Warranties; Limitation of Liability

The Seller do not guarantee, represent or warrant that The Buyer use of Seller’s service will be uninterrupted, timely, secure or error-free.

The Seller does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

The Buyer agrees that from time to time the Seller may remove the service for indefinite periods of time or cancel the service at any time, without notice to the Buyer.
The Buyer expressly agrees that the Buyer’s use of, or inability to use, the service is at the Buyer’s sole risk. The service and all products and services delivered to the Buyer through the service are (except as expressly stated by the Seller) provided ‘as is’ and ‘as available’ for the Buyer use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Seller, Seller’s directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Buyer’s use of any of the service or any products procured from the Seller, or for any other claim related in any way to the Buyer use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the webshop, even if advised of their possibility.

25. Indemnification

The Buyer agree to indemnify, defend and hold the Seller harmless and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the Buyer’s breach of these Terms of Service or the documents they incorporate by reference, or the Buyer’s violation of any law or the rights of a third-party.

26. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

27. Entire Agreement

The failure of the Seller to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by the Seller on their website or in respect to the Service constitutes the entire agreement and understanding between the Buyer and Seller and govern the Buyer’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Buyer and Seller (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the Seller.

28. Changes to terms and conditions

The Buyer can review the most current version of the Terms of Service at any time at this page.

The Seller reserve the right, at their sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Seller’s website. It is the Buyer’s responsibility to check the Seller’s website periodically for changes. The Buyer continued use of or access to the Seller’s website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

29. Contact Information

Questions about the Terms of Service should be sent to the Seller at the email address in the Contacts section of their website and clearly marked in the title line: “Question about Terms of Service”.

30. Arbitration

If any dispute shall arise as to the meaning operation or effect of the Contract or as to any matter or thing done or omitted there under the same shall be referred for decision to arbitration in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.

31. Law of Contract

The Contract shall be governed and construed in accordance with the Laws of England and the Buyer agrees to submit to the jurisdiction by the Courts of Law in England in respect thereof.