1.In these Terms and Conditions 'Company' means Advanced Fibreoptic Engineering Ltd. and 'Customer' means the person or company buying the goods. 'Goods' means the goods specified in the company's invoice.
2.All prices quoted in brochures or catalogues are subject to confirmation at time of order. All quotations are valid for a period of 30 days only. All prices are exclusive of VAT which will be chargeable in accordance with legislation current at the date of supply. Carriage will be charged extra, except where the Customer has specified their own carrier and account number. Any duty payable on the Goods is the responsibility of the Customer.
3.Credit limits may be given to approved accounts at the sole discretion of the Company, but the Company will require both bank and trade references. At its sole option the Company may cancel or amend a credit limit previously granted.
4.Where credit facilities have been approved, payment must be made within 30 days of the date of any invoice. Failure to make payment when due may result in suspension of credit facilities and the suspension of any further shipments, without prejudice to any other remedy which the Company may have.
5.Title in all Goods supplied by the Company shall vest in the Company until the Company has received full payment in respect thereof. Risk in Goods supplied passes to the Customer on dispatch.
6.The Company warrants to the Customer only that the Goods supplied by it, function in accordance with any specifications, data sheets or other documentation supplied which relate to those Goods. This is valid only providing that the Goods have been used strictly in accordance with the specifications, data sheets and other documentation.
7.The Company warrants Goods supplied to the Customer for a period of not more than 12 months from the date on invoice of those Goods. Under no circumstance shall the Company be liable to the Customer or to third parties for loss (including, but not limited to, loss of profit), damage or injury howsoever arising. In any event, the total liability the Company shall have to the Customer shall not exceed the value of the Goods covered by the invoice. The warranties in this clause in no way invalidate any statutory right of the Customer.
8.The company will do its best to look after customer supplied parts. However customer supplied parts are processed solely at the customers risk and the company will take no responsibility should the parts fail or become damaged during processing. The customer accepts that the company's processes have yield and not all parts supplied may be returned. Customer supplied parts are covered by the company's normal insurance while in store in the company's premises.
9.Where the Customer alleges that the Goods received are damaged, incorrect or short-shipped, the Customer must first notify the Company and an RMA number must be obtained. Returned Goods without an RMA number will not be accepted. Returned Goods will be examined for the alleged problem. Goods found to be compliant with the order specification will be returned to the Customer at the Customers expense. Where the Company accepts the Customers complaint, a credit note will be issued to the Customer and the Goods will be replaced at the company's sole discretion. In the event of a short-shipment the Company may, at its sole discretion, raise a credit note to cover the short shipment without the Goods being returned.
10.The failure by the Company at any time or for any period to enforce any of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.
11.Each of the above conditions shall be read and construed independently of each other so that if one or more is held to be invalid as an unreasonable restraint of trade, or for any other reason whatsoever, then the remaining Terms and Conditions shall be valid to the extent they are not held to be so invalid. Further in the event that any Terms and Conditions shall be found to be void but will be valid if some part thereof were deleted then such Term and Condition shall apply with such modification as may be necessary to make it valid and effective.
12.The Company shall not be responsible for any failure to perform its obligations hereunder due to circumstances beyond its control.
13.The contract between the Company and the Customer shall be governed by and construed in accordance with English Law.