Tel: +44 (0) 203 405 1200
© 2022 HTI Ltd is the official reseller of ALE® devices in the UK
Tel: +44 (0) 203 405 1200
Email: sales@alcateldistributor.com
Terms & Conditions
Application and entire agreement
alcateldistributor.com is operated by Hotel Technology International Limited
1.
These
Terms
and
Conditions
will
apply
to
the
purchase
of
the
goods
detailed
in
our
quotation
(Goods)
by
the
buyer
(you
or
Customer)
from
Hotel
Technology
International
Limited
a
company
registered
in
England and Wales under number 07003794 whose registered office is at 1st Floor, 239 Kensington High Street, London W8 6SA (we or us or Supplier).
2.
These
Terms
and
Conditions
will
be
deemed
to
have
been
accepted
by
you
when
you
accept
them
or
the
quotation
or
from
the
date
of
any
delivery
of
the
Goods
(whichever
happens
earlier)
and
will
constitute
the
entire agreement between us and you.
3.
These
Terms
and
Conditions
and
the
quotation
(together,
the
Contract)
apply
to
the
purchase
and
sale
of
any
Goods
between
us
and
you,
to
the
exclusion
of
any
other
terms
that
you
try
to
impose
or
incorporate,
or which are implied by trade, custom, practice or course of dealing.
Interpretation
4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
6. Words imparting the singular number include the plural and vice-versa.
Goods
7.
The
description
of
the
Goods
is
set
out
in
our
sales
documentation,
unless
expressly
changed
in
our
quotation.
In
accepting
the
quotation
you
acknowledge
that
you
have
not
relied
upon
any
statement,
promise
or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
8. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
Price
9. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
10.
If
the
cost
of
the
Goods
to
us
increases
due
to
any
factor
beyond
our
control
including,
but
not
limited
to,
material
costs,
labour
costs,
alteration
of
exchange
rates
or
duties,
or
changes
to
delivery
rates,
we
can
increase the Price prior to delivery.
11. Any increase in the Price under the clause above will only take place after we have told you about it.
12. You may be entitled to discounts. Any and all discounts will be at our discretion.
13. The Price is exclusive of fees for packaging and transportation / delivery.
14. The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and alteration
15.
Details
of
the
Goods
as
described
in
the
clause
above
(Goods)
and
set
out
in
our
sales
documentation
are
subject
to
alteration
without
notice
and
are
not
a
contractual
offer
to
sell
the
Goods
which
is
capable
of
acceptance.
16.
The
quotation
(including
any
non-standard
price
negotiated
in
accordance
with
the
clause
on
Price
(above)
is
valid
for
a
period
of
30
days
only
from
the
date
shown
in
it
unless
expressly
withdrawn
by
us
at
an
earlier time.
17. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
Payment
18. We will invoice you for the Price either:
a. on or at any time after delivery of the Goods; or
b.
where
the
Goods
are
to
be
collected
by
you
or
where
you
wrongfully
do
not
take
delivery
of
the
Goods,
at
any
time
after
we
have
notified
you
that
the
Goods
are
ready
for
collection
or
we
have
tried
to
deliver
them.
19. You must pay the Price within 1 days of the date of our invoice or otherwise according to any credit terms agreed between us.
20. You must make payment even if delivery has not taken place and / or that the title in the Goods has not passed to you.
21.
If
you
do
not
pay
within
the
period
set
out
above,
we
will
suspend
any
further
deliveries
to
you
and
without
limiting
any
of
our
other
rights
or
remedies
for
statutory
interest,
charge
you
interest
at
the
rate
of
4
% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
22. Time for payment will be of the essence of the Contract between us and you.
23. All payments must be made in British Pounds, US Dollars or Euros unless otherwise agreed in writing between us.
24.
Both
parties
must
pay
all
amounts
due
under
these
Terms
and
Conditions
in
full
without
any
deduction
or
withholding
except
as
required
by
law
and
neither
party
is
entitled
to
assert
any
credit,
set-off
or
counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
Delivery
25. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
26. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
27. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
28. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
a. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
b. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
c. after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the
Goods
29.
If
redelivery
is
not
possible
as
set
out
above,
you
must
collect
the
Goods
from
our
premises
and
will
be
notified
of
this.
We
can
charge
you
for
all
associated
costs
including,
but
not
limited
to,
storage
and
insurance.
30.
Any
dates
quoted
for
delivery
are
approximate
only,
and
the
time
of
delivery
is
not
of
the
essence.
We
will
not
be
liable
for
any
delay
in
delivery
of
the
Goods
that
is
caused
by
a
circumstance
beyond
our
control
or
your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
31.
We
can
deliver
the
Goods
by
installments,
which
will
be
invoiced
and
paid
for
separately.
Each
installment
is
a
separate
contract.
Any
delay
in
delivery
or
defect
in
an
installment
will
not
entitle
you
to
cancel
any
other installment.
Inspection and acceptance of Goods
32. You must inspect the Goods on delivery or collection.
33. If you identify any damages or shortages, you must inform us in writing within 5 days of delivery, providing details.
34. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
35. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
36. We will be under no liability or further obligation in relation to the Goods if:
a. if you fail to provide notice as set above; and/or
b. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
c. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
d. the defect arises from normal wear and tear of the Goods; and/or
e. the defect arises from misuse or alteration of the Goods, negligence, willful damage or any other act by you, your employees or agents or any third parties.
37. You bear the risk and cost of returning the Goods.
38. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 5 days after delivery.
Risk and title
39. The risk in the Goods will pass to you on completion of delivery.
40.
Title
to
the
Goods
will
not
pass
to
you
until
we
have
received
payment
in
full
(in
cash
or
cleared
funds)
for:
(a)
the
Goods
and/or
(b)
any
other
goods
or
services
that
we
have
supplied
to
you
in
respect
of
which
payment has become due.
41.
Until
title
to
the
Goods
has
passed
to
you,
you
must
(a)
hold
the
Goods
on
a
fiduciary
basis
as
our
bailee;
and/or
(b)
store
the
goods
separately
and
not
remove,
deface
or
obscure
any
identifying
mark
or
packaging
on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
42.
As
long
as
the
Goods
have
not
been
resold,
or
irreversibly
incorporated
into
another
product,
and
without
limiting
any
other
right
or
remedy
we
may
have,
we
can
at
any
time
ask
you
to
deliver
up
the
Goods
and,
if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
Termination
43. We can terminate the sale of Goods under the Contract where:
a. you commit a material breach of your obligations under these Terms and Conditions;
b. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
c. you enter into a voluntary arrangement under Part I of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
d.
you
convene
any
meeting
of
your
creditors,
enter
into
voluntary
or
compulsory
liquidation,
have
a
receiver,
manager,
administrator
or
administrative
receiver
appointed
in
respect
of
your
assets
or
undertakings
or
any
part
thereof,
any
documents
are
filed
with
the
court
for
the
appointment
of
an
administrator,
notice
of
intention
to
appoint
an
administrator
is
given
by
you
or
any
of
your
directors
or
by
a
qualifying
floating
charge
holder
(as
defined
in
para.
14
of
Schedule
BI
of
the
Insolvency
Act
1986),
a
resolution
is
passed
or
petition
presented
to
any
court
for
the
winding
up
of
your
affairs
or
for
the
granting
of
an
administration
order,
or any proceedings are commenced relating to your insolvency or possible insolvency.
Limitation of liability
44. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.
45.
Subject
to
the
clauses
above
on
Inspection
and
Acceptance
and
Risk
and
Title,
all
warranties,
conditions
or
other
terms
implied
by
statute
or
common
law
(save
for
those
implied
by
Section
12
of
the
Sale
of
Goods Act 1979) are excluded to the fullest extent permitted by law.
46.
If
we
do
not
deliver
the
Goods,
our
liability
is
limited,
subject
to
the
clause
below,
to
the
costs
and
expenses
incurred
by
you
in
obtaining
replacement
goods
of
similar
description
and
quality
in
the
cheapest
market available, less the price of the Goods.
47. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
48. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
a. any indirect, special or consequential loss, damage, costs, or expenses; and/or
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or other third party claims; and/or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
d. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
e. any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
49.
The
exclusions
of
liability
contained
within
this
clause
will
not
exclude
or
limit
our
liability
for
death
or
personal
injury
caused
by
our
negligence;
or
for
any
matter
for
which
it
would
be
illegal
for
us
to
exclude
or
limit our liability; and for fraud or fraudulent misrepresentation.
Communications
50. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
51. Notices will be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
52. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
Data protection
53. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
54.
The
parties
agree
that
where
such
processing
of
personal
data
takes
place,
the
Buyer
shall
be
'data
controller'
and
the
Seller
shall
be
the
'data
processor'
as
defined
in
the
General
Data
Protection
Regulation
(GDPR) as may be amended, extended and/or re-enacted from time to time.
55. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
56.
The
Seller
shall
only
Process
Personal
Data
to
the
extent
reasonably
required
to
enable
it
to
provide
the
Goods
as
mentioned
in
these
terms
and
conditions
or
as
requested
by
and
agreed
with
the
Buyer,
shall
not
retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
57.
The
Seller
shall
not
disclose
Personal
Data
to
any
third
parties
other
than
employees,
directors,
agents,
subcontractors
or
advisors
on
a
strict
"need-to-know"
basis
and
only
under
the
same
(or
more
extensive)
conditions as set out in these terms and conditions or to the extent required by applicable legislation and/'or regulations.
58.
The
Seller
shall
implement
and
maintain
technical
and
organisational
security
measures
as
are
required
to
protect
Personal
Data
Processed
by
the
Seller
on
behalf
of
the
Buyer.
Further
information
about
the
Seller's approach to data protection is specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can e-mail: office@hotel-tech.com
Circumstances beyond the control of either party
59.
Neither
party
shall
be
liable
for
any
failure
or
delay
in
performing
their
obligations
where
such
failure
or
delay
results
from
any
cause
that
is
beyond
the
reasonable
control
of
that
party.
Such
causes
include,
but
are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
No Waiver
60. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
Severance
61.
If
one
or
more
of
these
Terms
and
Conditions
is
found
to
be
unlawful,
invalid
or
otherwise
unenforceable,
that
/
those
provisions
shall
be
deemed
severed
from
the
remainder
of
these
Terms
and
Conditions
(which
will remain valid and enforceable).
Law and jurisdiction
62.
This
Agreement
shall
be
governed
by
and
interpreted
according
to
the
law
of
England
and
Wales
and
all
disputes
arising
under
the
Agreement
(including
non-contractual
disputes
or
claims)
shall
be
subject
to
the exclusive jurisdiction of the English and Welsh courts.
Tel: +44 (0) 203 405 1200
Terms & Conditions
Application and entire agreement
alcateldistributor.com is operated by Hotel Technology International Limited
1.
These
Terms
and
Conditions
will
apply
to
the
purchase
of
the
goods
detailed
in
our
quotation
(Goods)
by
the
buyer
(you
or
Customer)
from
Hotel
Technology
International
Limited
a
company
registered
in
England
and
Wales
under
number
07003794
whose
registered
office
is
at
1st
Floor,
239
Kensington High Street, London W8 6SA (we or us or Supplier).
2.
These
Terms
and
Conditions
will
be
deemed
to
have
been
accepted
by
you
when
you
accept
them
or
the
quotation
or
from
the
date
of
any
delivery
of
the
Goods
(whichever
happens
earlier)
and
will
constitute
the
entire
agreement between us and you.
3.
These
Terms
and
Conditions
and
the
quotation
(together,
the
Contract)
apply
to
the
purchase
and
sale
of
any
Goods
between
us
and
you,
to
the
exclusion
of
any
other
terms
that
you
try
to
impose
or
incorporate,
or
which
are implied by trade, custom, practice or course of dealing.
Interpretation
4.
A
"business
day"
means
any
day
other
than
a
Saturday,
Sunday
or
bank
holiday in England and Wales.
5.
The
headings
in
these
Terms
and
Conditions
are
for
convenience
only
and
will not affect their interpretation.
6. Words imparting the singular number include the plural and vice-versa.
Goods
7.
The
description
of
the
Goods
is
set
out
in
our
sales
documentation,
unless
expressly
changed
in
our
quotation.
In
accepting
the
quotation
you
acknowledge
that
you
have
not
relied
upon
any
statement,
promise
or
other
representations
about
the
Goods
by
us.
Descriptions
of
the
Goods
set
out
in
our sales documentation are intended as a guide only.
8.
We
can
make
any
changes
to
the
specification
of
the
Goods
which
are
required
to
conform
to
any
applicable
safety
or
other
statutory
or
regulatory
requirements.
Price
9.
The
price
(Price)
of
the
Goods
is
set
out
in
our
quotation
current
at
the
date of your order or such other price as we may agree in writing.
10.
If
the
cost
of
the
Goods
to
us
increases
due
to
any
factor
beyond
our
control
including,
but
not
limited
to,
material
costs,
labour
costs,
alteration
of
exchange
rates
or
duties,
or
changes
to
delivery
rates,
we
can
increase
the
Price prior to delivery.
11.
Any
increase
in
the
Price
under
the
clause
above
will
only
take
place
after
we have told you about it.
12.
You
may
be
entitled
to
discounts.
Any
and
all
discounts
will
be
at
our
discretion.
13. The Price is exclusive of fees for packaging and transportation / delivery.
14.
The
Price
is
inclusive
of
any
applicable
VAT
and
other
taxes
or
levies
which are imposed or charged by any competent authority.
Cancellation and alteration
15.
Details
of
the
Goods
as
described
in
the
clause
above
(Goods)
and
set
out
in
our
sales
documentation
are
subject
to
alteration
without
notice
and
are not a contractual offer to sell the Goods which is capable of acceptance.
16.
The
quotation
(including
any
non-standard
price
negotiated
in
accordance
with
the
clause
on
Price
(above)
is
valid
for
a
period
of
30
days
only
from
the
date
shown
in
it
unless
expressly
withdrawn
by
us
at
an
earlier
time.
17.
Either
of
us
can
cancel
the
order
for
any
reason
prior
to
your
acceptance
(or rejection) of the quotation.
Payment
18. We will invoice you for the Price either:
a. on or at any time after delivery of the Goods; or
b.
where
the
Goods
are
to
be
collected
by
you
or
where
you
wrongfully
do
not
take
delivery
of
the
Goods,
at
any
time
after
we
have
notified
you
that
the Goods are ready for collection or we have tried to deliver them.
19.
You
must
pay
the
Price
within
1
days
of
the
date
of
our
invoice
or
otherwise according to any credit terms agreed between us.
20.
You
must
make
payment
even
if
delivery
has
not
taken
place
and
/
or
that the title in the Goods has not passed to you.
21.
If
you
do
not
pay
within
the
period
set
out
above,
we
will
suspend
any
further
deliveries
to
you
and
without
limiting
any
of
our
other
rights
or
remedies
for
statutory
interest,
charge
you
interest
at
the
rate
of
4
%
per
annum
above
the
base
rate
of
the
Bank
of
England
from
time
to
time
on
the amount outstanding until you pay in full.
22.
Time
for
payment
will
be
of
the
essence
of
the
Contract
between
us
and
you.
23.
All
payments
must
be
made
in
British
Pounds,
US
Dollars
or
Euros
unless otherwise agreed in writing between us.
24.
Both
parties
must
pay
all
amounts
due
under
these
Terms
and
Conditions
in
full
without
any
deduction
or
withholding
except
as
required
by
law
and
neither
party
is
entitled
to
assert
any
credit,
set-off
or
counterclaim
against
the
other
in
order
to
justify
withholding
payment
of
any such amount in whole or in part.
Delivery
25.
We
will
arrange
for
the
delivery
of
the
Goods
to
the
address
specified
in
the quotation, or your order or to another location we agree in writing.
26.
If
you
do
not
specify
a
delivery
address
or
if
we
both
agree,
you
must
collect the Goods from our premises.
27.
Subject
to
the
specific
terms
of
any
special
delivery
service,
delivery
can
take
place
at
any
time
of
the
day
and
must
be
accepted
at
any
time
between 8 am to 8 pm.
28.
If
you
do
not
take
delivery
of
the
Goods
we
may,
at
our
discretion
and
without prejudice to any other rights:
a.
store
or
arrange
for
the
storage
of
the
Goods
and
will
charge
you
for
all
associated
costs
and
expenses
including,
but
not
limited
to,
transportation,
storage and insurance; and / or
b.
make
arrangements
for
the
redelivery
of
the
Goods
and
will
charge
you
for the costs of such redelivery; and/or
c.
after
10
business
days,
resell
or
otherwise
dispose
of
part
or
all
of
the
Goods and charge you for any shortfall below the price of the
Goods
29.
If
redelivery
is
not
possible
as
set
out
above,
you
must
collect
the
Goods
from
our
premises
and
will
be
notified
of
this.
We
can
charge
you
for
all
associated costs including, but not limited to, storage and insurance.
30.
Any
dates
quoted
for
delivery
are
approximate
only,
and
the
time
of
delivery
is
not
of
the
essence.
We
will
not
be
liable
for
any
delay
in
delivery
of
the
Goods
that
is
caused
by
a
circumstance
beyond
our
control
or
your
failure
to
provide
us
with
adequate
delivery
instructions
or
any
other
instructions that are relevant to the supply of the Goods.
31.
We
can
deliver
the
Goods
by
installments,
which
will
be
invoiced
and
paid
for
separately.
Each
installment
is
a
separate
contract.
Any
delay
in
delivery
or
defect
in
an
installment
will
not
entitle
you
to
cancel
any
other
installment.
Inspection and acceptance of Goods
32. You must inspect the Goods on delivery or collection.
33.
If
you
identify
any
damages
or
shortages,
you
must
inform
us
in
writing
within 5 days of delivery, providing details.
34.
Other
than
by
agreement,
we
will
only
accept
returned
Goods
if
we
are
satisfied
that
those
Goods
are
defective
and
if
required,
have
carried
out
an
inspection.
35.
Subject
to
your
compliance
with
this
clause
and/or
our
agreement,
you
may
return
the
Goods
and
we
will,
as
appropriate,
repair,
or
replace,
or
refund the Goods or part of them.
36.
We
will
be
under
no
liability
or
further
obligation
in
relation
to
the
Goods
if:
a. if you fail to provide notice as set above; and/or
b.
you
make
any
further
use
of
such
Goods
after
giving
notice
under
the
clause above relating to damages and shortages; and/or
c.
the
defect
arises
because
you
did
not
follow
our
oral
or
written
instructions
about
the
storage,
commissioning,
installation,
use
and
maintenance of the Goods; and/or
d. the defect arises from normal wear and tear of the Goods; and/or
e.
the
defect
arises
from
misuse
or
alteration
of
the
Goods,
negligence,
willful
damage
or
any
other
act
by
you,
your
employees
or
agents
or
any
third parties.
37. You bear the risk and cost of returning the Goods.
38.
Acceptance
of
the
Goods
will
be
deemed
to
be
upon
inspection
of
them
by you and in any event within 5 days after delivery.
Risk and title
39. The risk in the Goods will pass to you on completion of delivery.
40.
Title
to
the
Goods
will
not
pass
to
you
until
we
have
received
payment
in
full
(in
cash
or
cleared
funds)
for:
(a)
the
Goods
and/or
(b)
any
other
goods
or
services
that
we
have
supplied
to
you
in
respect
of
which
payment
has
become due.
41.
Until
title
to
the
Goods
has
passed
to
you,
you
must
(a)
hold
the
Goods
on
a
fiduciary
basis
as
our
bailee;
and/or
(b)
store
the
goods
separately
and
not
remove,
deface
or
obscure
any
identifying
mark
or
packaging
on
or
relating
to
the
Goods;
and/or
(c)
keep
the
Goods
in
satisfactory
condition
and
keep
them insured against all risks for their full price from the date of delivery.
42.
As
long
as
the
Goods
have
not
been
resold,
or
irreversibly
incorporated
into
another
product,
and
without
limiting
any
other
right
or
remedy
we
may
have,
we
can
at
any
time
ask
you
to
deliver
up
the
Goods
and,
if
you
fail
to
do
so
promptly,
enter
any
of
your
premises
or
of
any
third
party
where
the
Goods are stored in order to recover them.
Termination
43. We can terminate the sale of Goods under the Contract where:
a.
you
commit
a
material
breach
of
your
obligations
under
these
Terms
and Conditions;
b.
you
are
or
become
or,
in
our
reasonable
opinion,
are
about
to
become
the
subject
of
a
bankruptcy
order
or
take
advantage
of
any
other
statutory
provision for the relief of insolvent debtors;
c.
you
enter
into
a
voluntary
arrangement
under
Part
I
of
the
Insolvency
Act
1986,
or
any
other
scheme
or
arrangement
is
made
with
your
creditors;
or
d.
you
convene
any
meeting
of
your
creditors,
enter
into
voluntary
or
compulsory
liquidation,
have
a
receiver,
manager,
administrator
or
administrative
receiver
appointed
in
respect
of
your
assets
or
undertakings
or
any
part
thereof,
any
documents
are
filed
with
the
court
for
the
appointment
of
an
administrator,
notice
of
intention
to
appoint
an
administrator
is
given
by
you
or
any
of
your
directors
or
by
a
qualifying
floating
charge
holder
(as
defined
in
para.
14
of
Schedule
BI
of
the
Insolvency
Act
1986),
a
resolution
is
passed
or
petition
presented
to
any
court
for
the
winding
up
of
your
affairs
or
for
the
granting
of
an
administration
order,
or
any
proceedings
are
commenced
relating
to
your
insolvency
or
possible insolvency.
Limitation of liability
44.
Our
liability
under
the
Contract,
and
in
breach
of
statutory
duty,
and
in
tort, misrepresentation or otherwise will be limited to this section.
45.
Subject
to
the
clauses
above
on
Inspection
and
Acceptance
and
Risk
and
Title,
all
warranties,
conditions
or
other
terms
implied
by
statute
or
common
law
(save
for
those
implied
by
Section
12
of
the
Sale
of
Goods
Act
1979) are excluded to the fullest extent permitted by law.
46.
If
we
do
not
deliver
the
Goods,
our
liability
is
limited,
subject
to
the
clause
below,
to
the
costs
and
expenses
incurred
by
you
in
obtaining
replacement
goods
of
similar
description
and
quality
in
the
cheapest
market
available, less the price of the Goods.
47.
Our
total
liability
will
not,
in
any
circumstances,
exceed
the
total
amount
of the Price payable by you.
48.
We
will
not
be
liable
(whether
caused
by
our
employees,
agents
or
otherwise) in connection with the Goods, for:
a.
any
indirect,
special
or
consequential
loss,
damage,
costs,
or
expenses;
and/or
b.
any
loss
of
profits;
loss
of
anticipated
profits;
loss
of
business;
loss
of
data;
loss
of
reputation
or
goodwill;
business
interruption;
or
other
third
party claims; and/or
c.
any
failure
to
perform
any
of
our
obligations
if
such
delay
or
failure
is
due to any cause beyond our reasonable control; and/or
d.
any
losses
caused
directly
or
indirectly
by
any
failure
or
breach
by
you
in
relation to your obligations; and/or
e.
any
loss
relating
to
the
choice
of
the
Goods
and
how
they
will
meet
your
purpose or the use by you of the Goods supplied.
49.
The
exclusions
of
liability
contained
within
this
clause
will
not
exclude
or
limit
our
liability
for
death
or
personal
injury
caused
by
our
negligence;
or
for
any
matter
for
which
it
would
be
illegal
for
us
to
exclude
or
limit
our
liability;
and for fraud or fraudulent misrepresentation.
Communications
50.
All
notices
under
these
Terms
and
Conditions
must
be
in
writing
and
signed
by,
or
on
behalf
of,
the
party
giving
notice
(or
a
duly
authorised
officer
of that party).
51. Notices will be deemed to have been duly given:
a.
when
delivered,
if
delivered
by
courier
or
other
messenger
(including
registered mail) during the normal business hours of the recipient;
b.
when
sent,
if
transmitted
by
fax
or
email
and
a
successful
transmission
report or return receipt is generated;
c.
on
the
fifth
business
day
following
mailing,
if
mailed
by
national
ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
52.
All
notices
under
these
Terms
and
Conditions
must
be
addressed
to
the
most
recent
address,
email
address
or
fax
number
notified
to
the
other
party.
Data protection
53.
When
providing
the
Goods
to
the
Buyer,
the
Seller
may
gain
access
to
and/or
acquire
the
ability
to
transfer,
store
or
process
personal
data
of
employees of the Buyer.
54.
The
parties
agree
that
where
such
processing
of
personal
data
takes
place,
the
Buyer
shall
be
'data
controller'
and
the
Seller
shall
be
the
'data
processor'
as
defined
in
the
General
Data
Protection
Regulation
(GDPR)
as
may be amended, extended and/or re-enacted from time to time.
55.
For
the
avoidance
of
doubt,
'Personal
Data',
'Processing',
'Data
Controller',
'Data
Processor'
and
'Data
Subject'
shall
have
the
same
meaning
as
in
the
GDPR.
56.
The
Seller
shall
only
Process
Personal
Data
to
the
extent
reasonably
required
to
enable
it
to
provide
the
Goods
as
mentioned
in
these
terms
and
conditions
or
as
requested
by
and
agreed
with
the
Buyer,
shall
not
retain
any
Personal
Data
longer
than
necessary
for
the
Processing
and
refrain
from
Processing any Personal Data for its own or for any third party’s purposes.
57.
The
Seller
shall
not
disclose
Personal
Data
to
any
third
parties
other
than
employees,
directors,
agents,
subcontractors
or
advisors
on
a
strict
"need-
to-know"
basis
and
only
under
the
same
(or
more
extensive)
conditions
as
set
out
in
these
terms
and
conditions
or
to
the
extent
required
by
applicable
legislation and/'or regulations.
58.
The
Seller
shall
implement
and
maintain
technical
and
organisational
security
measures
as
are
required
to
protect
Personal
Data
Processed
by
the
Seller
on
behalf
of
the
Buyer.
Further
information
about
the
Seller's
approach
to
data
protection
is
specified
in
its
Data
Protection
Policy,
which
can
be
found
on
our
website.
For
any
enquiries
or
complaints
regarding
data privacy, you can e-mail: office@hotel-tech.com
Circumstances beyond the control of either party
59.
Neither
party
shall
be
liable
for
any
failure
or
delay
in
performing
their
obligations
where
such
failure
or
delay
results
from
any
cause
that
is
beyond
the
reasonable
control
of
that
party.
Such
causes
include,
but
are
not
limited
to:
industrial
action,
civil
unrest,
fire,
flood,
storms,
earthquakes,
acts
of
terrorism,
acts
of
war,
governmental
action
or
any
other
event
that
is
beyond
the control of the party in question.
No Waiver
60.
No
waiver
by
us
of
any
breach
of
these
Terms
and
Conditions
by
you
shall
be
considered
as
a
waiver
of
any
subsequent
breach
of
the
same
or
any
other provision.
Severance
61.
If
one
or
more
of
these
Terms
and
Conditions
is
found
to
be
unlawful,
invalid
or
otherwise
unenforceable,
that
/
those
provisions
shall
be
deemed
severed
from
the
remainder
of
these
Terms
and
Conditions
(which
will
remain valid and enforceable).
Law and jurisdiction
62.
This
Agreement
shall
be
governed
by
and
interpreted
according
to
the
law
of
England
and
Wales
and
all
disputes
arising
under
the
Agreement
(including
non-contractual
disputes
or
claims)
shall
be
subject
to
the
exclusive jurisdiction of the English and Welsh courts.
© 2022 HTI Ltd is the official reseller
of ALE® devices in the UK
Tel: +44 (0) 203 405 1200
Email: sales@alcateldistributor.com