Terms & Conditions
This web site is owned and operated by Alker Fibre Optic Specialists Ltd. If you have any suggestions or comments or if you need to contact us, please email us using the link on the store page or use the details below.
Our Contact details:
Alker Fibre Optic Specialists,
Ladycross Business Park,
7D Hollow Lane,
Phone: 01342 870 941
VAT number: 828785279
Company number: 04953256
Making a Purchase – alker.co.uk conditions of supply
- Definitions and interpretation
- In these Conditions:-
- “ALKER.CO.UK” means ALKER.CO.UK (registered in England under no. 04953256).
- “Conditions” means the conditions set out in this document and (unless the context otherwise requires) includes any special conditions agreed in writing between the Customer and ALKER.CO.UK;
- “Contract” means the contract for the supply of the Goods and/or Services formed upon acceptance of the Quotation or Order, as appropriate;
- “Customer” means the person who accepts a written quotation from ALKER.CO.UK for the supply of Goods and/or Services (“Quotation”) or whose written order for Goods and/or Services is accepted by ALKER.CO.UK (“Order”);
- “Customer Items” means components or other items provided to ALKER.CO.UK by the Customer for use in the manufacture of Goods or the provision of Services or in respect of which the Services are to be provided;
- “Goods” means those goods (including any instalment of the same) which ALKER.CO.UK is to supply in accordance with these Conditions;
- “IPRs” means all intellectual property rights including, without limitation, patents, utility models, copyrights, registered designs, unregistered design rights, applications for registration of any of these and the right to apply for any of these in any part of the world, rights in know how and other confidential information;
- “Services” means the design, consultancy, refurbishment or other services which ALKER.CO.UK is to supply in accordance with these Conditions;
- “Work Product” means a design, prototype or other item to be created specifically for the Customer pursuant to the Contract and specified as “Work Product” in the Quotation or Order.]
- ALKER.CO.UK supplies and the Customer purchases the Goods and/or Services in accordance with any Quotation accepted by the Customer or Order accepted by ALKER.CO.UK subject in either case to these Conditions which govern the Contract to the exclusion of any other terms including any terms to which any order of the Customer may purport to be subject.
- No variation to these Conditions shall be binding unless approved in writing by a director of ALKER.CO.UK.
- Any advice or recommendation given by ALKER.CO.UK, its employees or agents to the Customer as to the use of Goods which is not confirmed in writing by ALKER.CO.UK is acted upon at the Customer’s own risk. Accordingly ALKER.CO.UK is not liable for any advice or recommendation not so confirmed.
- Any error or omission in any sales literature, Quotation, price list, invoice or other document or information issued by ALKER.CO.UK is subject to correction without liability to ALKER.CO.UK.
- No Order is deemed accepted by ALKER.CO.UK unless a confirmation is received from ALKER.CO.UK to the Customer, by email.
- The Customer shall ensure the accuracy of any Order (including any applicable specification) submitted by it.
- The quantity, quality and description of the Goods and/or Services is set out in the accepted Quotation or Order, as appropriate.
- If the Goods are to be manufactured or any process is to be applied to the Goods by ALKER.CO.UK in accordance with a specification submitted by the Customer or using Customer Items, the Customer shall indemnify ALKER.CO.UK against all loss, damages, costs and expenses awarded against or incurred by ALKER.CO.UK in connection with, or paid or agreed to be paid by ALKER.CO.UK in settlement of:
- any claim for infringement of any IPRs of any other person which results from ALKER.CO.UK’s use of the Customer’s specification or Customer Items; and
- any claim in respect of defective or faulty Goods and/or Customer Items where the defect or fault (or alleged defect or fault) results from ALKER.CO.UK’s use of the Customer’s specification or Customer Items.
- ALKER.CO.UK may make changes to the specification of Goods or Services required to conform to any applicable legal requirements or mandatory codes of practice or, where the Goods or Services are to be supplied to ALKER.CO.UK’s specification, which do not materially affect their quality or performance.
- An Order may not be cancelled by the Customer without ALKER.CO.UK’s written consent and then only on terms acceptable to ALKER.CO.UK. In any event, the Customer shall indemnify ALKER.CO.UK against all loss (including loss of profit and the cost of any labour and materials then used) incurred by ALKER.CO.UK as a result of any Order cancellation.
- The price of the Goods and/or Services shall, unless agreed otherwise, be ALKER.CO.UK’s list price at the date that the Order or Quotation, as appropriate, is accepted (“Price”). Subject to Condition 4.2, any price quoted by ALKER.CO.UK is valid for 30 days only or such other time specified in the Quotation, after which time the said price may be altered by ALKER.CO.UK without notice.
- ALKER.CO.UK may by giving notice to the Customer at any time before delivery, increase the Price to reflect any increase in the cost to ALKER.CO.UK in providing the Goods or Services due to any factor beyond its reasonable control including, without limitation, foreign exchange fluctuations, currency regulation, alteration of duties, increases in the cost of labour, materials or manufacture, a change in delivery dates, quantities or specifications for Goods and/or Services requested by the Customer, delay caused by instructions of the Customer or a failure of the Customer to give ALKER.CO.UK adequate information or instructions.
- Save as otherwise agreed in writing, the Price is the factory ex works price. Where ALKER.CO.UK delivers Goods other than at ALKER.CO.UK’s premises it does so as the Customer’s agent and the Customer is liable to pay ALKER.CO.UK the costs of arranging transport, packaging and insurance. ALKER.CO.UK accepts no liability for acts or omissions of any carrier of the Goods (including for non-delivery or damage in transit) or for pursuing any claim for loss suffered by the Customer resulting from any such act or omission.
- The Price is exclusive of applicable VAT, which the Customer is liable to pay to ALKER.CO.UK.
- Unless otherwise agreed in writing by ALKER.CO.UK the Customer will pay for the goods and/or Services at the time the order is placed.
- Delivery of the Goods shall be arranged by ALKER.CO.UK and sent to the address specified by the Customer when order is placed. This delivery will be paid for by the Customer at the time of ordering the Goods.
- Any dates quoted for delivery of the Goods or the provision of the Services are approximate only. Time for delivery shall not be of the essence unless previously agreed by ALKER.CO.UK in writing.
- Risk in the Goods passes to the Customer:
- where Goods are delivered by ALKER.CO.UK to some other location, on delivery or, if the Customer fails to take delivery of the Goods, when ALKER.CO.UK has tendered delivery.
- the Customer will hold the same as ALKER.CO.UK’s fiduciary agent and bailee, keep the same in good condition and separate from other goods of the Customer and third parties and properly stored protected insured and identified as being ALKER.CO.UK’s property [but the Customer may resell or use the Goods in the ordinary course of its business].
- ALKER.CO.UK may (unless the Goods have been resold) require the Customer to deliver up the same to ALKER.CO.UK and, if the Customer fails to do so, ALKER.CO.UK may enter upon the premises of the Customer or any third party where the Goods are stored and repossess the same.
- sell the Customer Items either privately or by auction and apply the proceeds of any such sale in or towards any monies owing to it and the expense of the sale and shall account to the Customer for the balance remaining if any; or
- destroy the Customer Items if any sale under sub-condition (a) is impractical in the opinion of ALKER.CO.UK due to the value or saleability of the goods in question, or otherwise; and such sale or destruction as the case may be shall be a full discharge of any liability of ALKER.CO.UK in respect of the Customer Items.
- Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- Subject to the Conditions set out below ALKER.CO.UK warrants that the Goods will at the time of delivery correspond, [in all material respects,] to any applicable specification issued or agreed in writing by ALKER.CO.UK and will be free from material defects in material and workmanship, and that the Services will be provided with reasonable skill and care.
- Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified in writing to ALKER.CO.UK within 7 days of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, but in any event within 6 months of delivery. If delivery is not refused, and the Customer does not notify ALKER.CO.UK accordingly, the Customer shall not be entitled to reject the Goods. ALKER.CO.UK shall have no liability for such defect or failure, and the Customer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
- Any claim by the Customer which is based on any defect in the quality of the Services or their failure to correspond with specification shall be notified in writing to ALKER.CO.UK within 7 days of the [Customer’s receipt of the deliverable resulting from the Services (whether that is the Customer Items in respect of which the Services have been provided, a drawing or specification or otherwise) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, but in any event within  months of [the Customer’s receipt of the relevant deliverable]. If the Customer does not notify ALKER.CO.UK accordingly, the Customer shall not be entitled to reject the Services and ALKER.CO.UK shall have no liability for such defect or failure, and the Customer shall be bound to pay the Price as if the Services had been supplied in accordance with the Contract.
- Where any valid claim in respect of a breach of warranty given under Condition 8.2 which is based on any defect in the quality or condition of the Goods or Services or their failure to meet specification is notified to ALKER.CO.UK in accordance with these Conditions, ALKER.CO.UK shall be entitled to:
- repair or replace the Goods (or the part in question) or repeat the Services (or the part in question) free of charge upon the receipt of the damaged Goods; or, at ALKER.CO.UK’s sole discretion, in which case, ALKER.CO.UK shall have no further liability to the Customer.
- for any defect arising from any drawing or specification supplied by the Customer or from fair wear and tear, wilful damage, negligence, failure to follow ALKER.CO.UK’s instructions or recommendations (including, if applicable, any then current installation or instruction manual), misuse alteration or repair of the Goods without ALKER.CO.UK’s approval; or
- for any defects arising from ALKER.CO.UK’s use of Customer Items in accordance with these Conditions or pre-existing in Customer Items; or
- if the Price of the relevant Goods and/or Services has not been paid by the due date for payment.
- the injury to or death of any person caused by the negligence or wilful misconduct of ALKER.CO.UK; and
- fraud or fraudulent misrepresentation.
- If a claim is made against the Customer that the Goods or their use or resale or the receipt of the Services infringes the intellectual property rights of any other person, then unless the claim arises from the use of any Customer Items or drawings or specifications supplied by the Customer, ALKER.CO.UK shall indemnify the Customer against all loss incurred by the Customer in connection with the claim, or paid or agreed to be paid by the Customer in settlement of the claim, provided that:
- ALKER.CO.UK is given full control of any related proceedings or negotiations;
- the Customer gives ALKER.CO.UK all reasonable assistance for the purposes of such proceedings or negotiations and does nothing which would or might compromise any such proceedings without ALKER.CO.UK’s consent;
- the Customer does nothing which would or might vitiate any insurance policy or cover which the Customer has in relation to such infringement, and this indemnity will not apply to the extent that the Customer recovers any sums under any such policy or cover (which the Customer will use its best endeavours to do);
- without prejudice to any common law duty of the Customer, ALKER.CO.UK may require the Customer to take such steps as ALKER.CO.UK may reasonably require to mitigate any such loss for which ALKER.CO.UK is liable to indemnify the Customer under this condition.
- This condition applies if the Customer becomes insolvent or bankrupt or goes into liquidation, receivership or administration or is wound up or enters into a composition or arrangement with its creditors [or ceases or threatens to cease to carry on business] or takes or suffers any similar or analogous action in any jurisdiction; or ALKER.CO.UK reasonably believes that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
- If this Condition applies then, without prejudice to any other rights or remedy available to ALKER.CO.UK, ALKER.CO.UK may cancel the Contract or suspend any further deliveries or performance under the Contract without any liability to the Customer by giving notice to the Customer in writing, and if the Goods have been delivered and/or Services provided but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement to the contrary.
- Each party shall keep strictly confidential the terms of this Contract and all information concerning the business and affairs of the other obtained from the other either pursuant to the Contract or prior to and in contemplation of the Contract, shall use the same exclusively for the purposes of the Contract, and shall disclose the same only to those of its directors, employees, professional advisers and sub-contractors to whom and to the extent that such disclosure is reasonably necessary for the purposes of the Contract.
- The obligations of Condition 11.1 above shall survive the termination of the Contract but shall not apply to any information which:-
- the recipient can demonstrate was already in its possession and at its free disposal prior to receipt under the circumstances mentioned at clause 11.1 above;
- is subsequently disclosed to the recipient without any obligation of confidence by a third party who has not derived it directly or indirectly from the disclosing party; or
- enters the public domain through no act or default of the recipient, its agents or employees.
Shipping And Handling
All orders are shipped using our TNT courier service or via a Royal Mail signed for service.
You agree that proof of delivery supplied by our delivery company is sufficient evidence to establish that goods have been received.
For orders made from the UK or the European Union, 20% VAT is added. All other orders are VAT free.
Credit Card Security
When the order is placed at our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.
We do not keep your financial information on file after you have concluded your purchases.
Alker Fibre Optic Specialists does not disclose buyers’ information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
- Take and fulfil customer orders.
- Administer and enhance the site and service.
- Only disclose information to third-parties for goods delivery purposes.
Your rights to return goods are protected under the EU Distance Selling Directive.
You are entitled to cancel your order and return the goods within 7 working days for a full refund, including the cost of delivery. Do this by contacting us by email or telephone and quoting the order number supplied to you. Your refund will be paid within 30 days. You are responsible for the cost and risk of loss or damage when returning the goods, so you should take out enough postal insurance to cover their value. This cancellation policy does not affect your rights when we are at fault – for example, if goods are faulty or misdescribed.
Any goods returned should be in saleable condition.
These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply in the future.
None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.