ALTERNERGY LIMITED
TERMS AND CONDITIONS OF SALE
Registered office:
Unit BM3S.04, Barley
Mow Centre, 10 Barley Mow Passage, Chiswick, London W4 4PH
Website: www.alternergy.co.uk
These terms and conditions ("Conditions") govern:
(a) your use of the Alternergy
website at www.alternergy.co.uk (the "Website");
(b) any Order you place with
Alternergy Limited ("Alternergy", "we", "us");
and
(c) the Contract formed between
Alternergy and the Customer for the supply of Goods.
Alternergy supplies Goods primarily to businesses,
installers, EPC contractors and other commercial entities. Unless expressly
agreed otherwise in writing, all Contracts are entered into on a
business-to-business basis, the Customer contracts as a business and not as a
consumer, and consumer protection legislation — including the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013
and the Consumer Rights Act 2015 — does not apply to the Contract.
1. Definitions and Interpretation
1.1 In these Conditions, the following definitions apply:
- "Alternergy", "we" or "us" means Alternergy Limited (registered in England and Wales with company number 05866494), whose registered office is at Unit BM3S.04, Barley Mow Centre, 10 Barley Mow Passage, Chiswick, London, W4 4PH.
- "Contract" means a contract entered into between Alternergy and a Customer, as described in Condition 4.
- "Cookies" means small text files placed by the Website on the Customer's device to store information about a browsing session and to identify the device.
- "Customer" means the person or entity that purchases the Goods from Alternergy.
- "Goods" means the goods (or any part of them) set out in the Order Acknowledgement or displayed for sale on the Website.
- "Order" means a Customer's order for the Goods.
- "Order Acknowledgement" means Alternergy's written confirmation of its acceptance of an Order.
- "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands.
- "Website" means the website located at alternergy.co.uk, including the online web shop through which Customers may place Orders.
- "Working Day" means a day (other than a Saturday, Sunday or public holiday) on which banks in London are open for business.
- "You" means a user of the Website.
1.2 Headings are for ease of reference only and do not affect construction or interpretation. Words in the singular include the plural and vice versa unless the context requires otherwise. "Including" and "include" mean "including without limitation" and "include without limitation".
1.3 A reference to a statute, statutory provision or regulation includes that statute, provision or regulation as amended, extended, re-enacted or consolidated from time to time, and all statutory instruments or orders made under it.
2. Application of these Conditions
2.1 By accessing the Website, you agree to be bound by the Conditions relating to use of the Website, in particular Condition 3.
2.2 These are the Conditions on which Alternergy supplies Goods. Where an Order is accepted by Alternergy, the Order Acknowledgement together with these Conditions constitute the Contract between the parties. These Conditions apply to the exclusion of all other terms, including any terms the Customer purports to impose or incorporate. The Order itself does not form part of the Contract.
2.3 The Customer will be asked to expressly agree to these Conditions when placing an Order on the Website.
3. Terms of Use of the Website
3.1 The Website is provided "as is" and "as available". Alternergy gives no warranty or representation that the Website will be free of defects or faults, will meet the Customer's requirements, will be of satisfactory quality, will be fit for a particular purpose, will not infringe third-party rights, will be secure, or that all information provided through it will be accurate.
3.2 Images of Goods on the Website are for illustrative purposes only and actual Goods may differ. Alternergy will handle personal information collected in connection with an Order in accordance with its Privacy Policy.
3.3 Alternergy accepts no liability for disruption or non-availability of the Website resulting from causes outside its control, including ISP or network failure, natural events, acts of war, or legal restriction or censorship.
3.4 The Website includes design tools, calculators, yield estimators, battery sizing tools, kit builders and other configuration software (together, "Design Tools") provided to assist the Customer with system design. Design Tools are supplied for guidance purposes only, and Alternergy does not warrant the accuracy, completeness or suitability of any output they generate. By using a Design Tool, the Customer takes sole responsibility for:
- system design;
- engineering calculations;
- structural assessments;
- electrical compliance;
- MCS compliance;
- DNO applications;
- building regulations compliance; and
- verifying product compatibility and suitability for the intended application and site,
and should refer to the relevant manufacturer's documentation and its own professional judgement before relying on any Design Tool output.
3.5 The Website uses Cookies. See our Cookies Policy for further information.
4. Orders
4.1 An Order is deemed accepted, and the Contract comes into existence, only when Alternergy issues an Order Acknowledgement, subject to Condition 4.3.
4.2 The Customer is responsible for checking that the Order Acknowledgement is complete and accurate.
4.3 Alternergy may correct any manifest error in an Order Acknowledgement, in which case the Contract is varied to incorporate the correction.
4.4 The Contract constitutes the entire agreement between the parties. The Customer confirms it has not relied on any statement, promise or representation made by or on behalf of Alternergy that is not set out in the Contract.
4.5 A quotation for Goods is not an offer and is valid for 10 Working Days from its date of issue unless stated otherwise.
4.6 Where the Customer places an Order through the Website, the process at Condition 4.7 applies.
4.7 Advertising of Goods on the Website is an invitation to treat. The Customer makes a contractual offer when placing an Order. No contract is formed until Alternergy accepts that offer in accordance with the following process:
- the Customer signs in using their account log-in details;
- the Customer adds the Goods to their basket and proceeds to checkout;
- at checkout, the Customer enters delivery details and a payment method and places the Order;
- the Customer confirms the Order, thereby making a contractual offer and agreeing to these Conditions; and
- Alternergy issues an Order Acknowledgement, at which point a binding Contract is formed in accordance with Condition 4.1.
4.8 Product Availability and Stock Information
4.8.1 Product availability, lead times and stock levels shown on the Website are for guidance only and are not a binding commitment that Goods are available for immediate dispatch.
4.8.2 While Alternergy uses reasonable efforts to keep stock information accurate, stock levels may change without notice due to sales activity, inventory adjustments, supplier allocation, transport delays or other circumstances outside Alternergy's reasonable control.
4.8.3 An Order is accepted only once Alternergy issues an Order Acknowledgement in accordance with Condition 4.
4.8.4 If Goods become unavailable after an Order has been placed, Alternergy may, at its discretion: (a) cancel the affected item or Order;
(b) offer a substitute product;
(c) place the item on back-order; or
(d) refund any sums paid for the unavailable Goods.
4.8.5 Alternergy is not liable for loss of profit, project delays, loss of business, costs, expenses or consequential losses arising from product unavailability, supplier shortages or delayed deliveries.
4.8.6 Estimated delivery dates and lead times shown on the Website or in quotations are estimates only and are not a contractual commitment.
4.8.7 If a pricing error, technical fault, software issue or system malfunction results in an incorrect price being displayed, Alternergy may cancel the affected Order, amend the Order, or correct the price before issuing an Order Acknowledgement.
5. Price and Payment
5.1 The price of the Goods is the price set out in the Order Acknowledgement. Unless stated otherwise, VAT and any other applicable tax or duty will be added to the price.
5.2 Subject to Condition 5.3, Alternergy will invoice the Customer for the Goods on or after issue of the Order Acknowledgement.
5.3 Where the Customer purchases Goods using credit held on account with Alternergy, Alternergy will invoice the Customer on or after dispatch of the Goods.
5.4 The Customer must pay each invoice in full, in cleared funds, within 30 days of its date, by BACS or CHAPS transfer or cheque to the bank account nominated in writing by Alternergy. The Customer must not pay cash into Alternergy's nominated bank account.
5.5 If the Customer fails to pay any sum due under the Contract by its due date, interest accrues on the overdue amount at 4% per annum above the Bank of England base rate in force from time to time, calculated daily from the due date until payment is made in full, whether before or after judgment. The Customer must pay such interest together with the overdue amount.
5.6 If an invoice remains unpaid more than 30 days after its due date, Alternergy may instruct a debt-collection agency to recover payment at the Customer's cost, or may add its own reasonable recovery costs to the Customer's debt.
5.7 All amounts due under the Contract must be paid in full without deduction or withholding, except as required by law, and the Customer may not assert any credit, set-off or counterclaim to justify withholding payment. Alternergy may set off any amount owed to it by the Customer against any amount it owes to the Customer.
5.8 Payment Processing
5.8.1 Alternergy uses secure third-party payment providers to process debit card, credit card and other electronic payments and does not store complete payment card information on its own systems.
5.8.2 Payments made through the Website are subject to the relevant payment provider's own terms, conditions and security procedures.
5.8.3 Alternergy is not responsible for any interruption, processing delay, failure or technical issue caused by a payment provider, card issuer, bank or other financial institution.
5.9 Chargebacks
5.9.1 If the Customer initiates a chargeback, payment dispute, reversal or recovery request without reasonable justification, Alternergy may:
(a) suspend the Customer's account;
(b) delay, withhold or cancel outstanding Orders;
(c) recover all reasonable costs incurred in responding to the chargeback; and
(d) terminate the Contract by written notice.
5.9.2 Where a chargeback arises because the Customer fails to recognise a transaction, invoice reference, trading name or order description, the chargeback is deemed unjustified unless the Customer provides evidence to the contrary.
6. Title and Risk
6.1 Risk in the Goods passes to the Customer on completion of unloading at the Customer's premises, or, where the Customer collects from Alternergy's premises, on completion of loading there.
6.2 Title to the Goods does not pass to the Customer until Alternergy has received payment in full, in cleared funds.
6.3 Until title passes, the Customer must:
(a) hold the Goods on a fiduciary basis as Alternergy's bailee;
(b) store them separately from other goods so they remain identifiable as Alternergy's property;
(c) not remove, deface or obscure any identifying mark or packaging;
(d) keep the Goods in satisfactory condition and insured against all risks for their full price from the date of the Order Acknowledgement;
(e) notify Alternergy immediately if any event referred to in Condition 10 occurs; and
(f) provide Alternergy such information about the Goods as it may reasonably require, though the Customer may install and use the Goods in the ordinary course of its business.
6.4 If, before title passes, the Customer becomes subject to any event referred to in Condition 10 (or Alternergy reasonably believes such an event is imminent and notifies the Customer), then, provided the Goods have not been resold or irrevocably incorporated into another product, Alternergy may require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, may enter the Customer's or a third party's premises to recover them.
7. Delivery
7.1 Each delivery is accompanied by a delivery note ("Delivery Note") to be signed on the Customer's behalf, showing the Order Acknowledgement date, relevant reference numbers, the type and quantity of Goods, and, for instalment deliveries, the outstanding balance.
7.2 The Customer must check, on receipt, that quantities match the Delivery Note and that there is no apparent damage to the Goods or packaging.
7.3 Any discrepancy between quantity received and quantity shown on the Delivery Note must be notified to Alternergy by email: (a) for panels, inverters or any item over £100 in value, by 5pm on the Working Day following signature of the Delivery Note; or (b) for other items, by 5pm on the third Working Day following signature. Failure to notify within these periods is deemed irrevocable acknowledgement that the Customer received the quantity shown on the Delivery Note.
7.4 Shortages, incorrect deliveries and visible transport damage must be reported to Alternergy within 48 hours of delivery. Concealed damage must be reported within 5 Working Days of delivery. Claims notified outside these periods may be rejected.
7.5 Unless otherwise agreed in writing, Alternergy will arrange delivery by a third-party carrier to the location in the Order Acknowledgement ("Delivery Location") on or after: (a) where Condition 5.2 applies, Alternergy's receipt of cleared funds for the relevant invoice; or (b) where Condition 5.3 applies, the delivery date in the Order Acknowledgement.
7.6 Delivery occurs on completion of unloading at the Customer's premises, or, where the Customer collects, on completion of loading at Alternergy's premises.
7.7 Delivery dates, including any quoted on the Website or in an Order Acknowledgement, are estimates only and time of delivery is not of the essence. Alternergy is not liable for delay in delivery.
7.8 If Alternergy fails to arrange delivery, its liability is limited to the Customer's reasonable costs of obtaining replacement goods of similar description and quality in the cheapest available market, less the price of the Goods.
7.9 If the Customer fails to take delivery when the Goods arrive at the Delivery Location, the Customer is liable for storage and related costs, including insurance.
7.10 The Customer may not reject the Goods where Alternergy delivers up to 5% more or less than the quantity ordered. In that case Alternergy will, at the Customer's election: (a) make a further delivery to complete the Order within a reasonable period; (b) arrange collection of any over-supply within a reasonable period; or (c) make a pro-rata adjustment to the invoice.
7.11 Any claim for non-delivery or incorrect delivery must be notified in accordance with Condition 8 (Returns Policy) and Condition 7.4. If delivery is not refused and the Customer fails to notify Alternergy accordingly, the Customer is not entitled to reject the Goods.
7.12 If the Customer fails to take delivery and fails to agree alternative arrangements with Alternergy (other than for a reason beyond the Customer's reasonable control, or Alternergy's fault), Alternergy may, without prejudice to its other rights: (a) store the Goods and charge the Customer the reasonable costs of storage and re-delivery; or (b) sell the Goods at the best price reasonably obtainable and account to the Customer for any excess over the Contract price (after deducting reasonable storage and selling costs), or charge the Customer for any shortfall.
8. Returns Policy
8.1 General
8.1.1 Alternergy supplies Goods primarily to trade and business customers. Except as expressly stated in this Condition 8, Goods are non-returnable and non-refundable.
8.1.2 Alternergy may, at its sole discretion and without creating any ongoing obligation to do so in future, agree to accept Goods for return, credit or refund in accordance with this Condition 8.
8.2 Return Authorisation
8.2.1 No Goods may be returned without Alternergy's prior written authorisation.
8.2.2 To request a return, the Customer must provide: (a) the Order or invoice reference; (b) the reason for return; (c) photographs of the Goods; (d) photographs of all packaging; and (e) photographs of product labels and serial numbers, where applicable.
8.2.3 Goods returned without prior written approval may be rejected and returned to the Customer at the Customer's expense.
8.3 Conditions for Return
8.3.1 Alternergy will only consider accepting Goods where:
(a) they are unused;
(b) they have not been installed, commissioned or connected;
(c) they remain in original, unopened packaging;
(d) the packaging is undamaged and complete;
(e) all manuals, accessories and documentation are included; and
(f) they remain in a condition suitable for resale as new.
8.4 Non-Returnable Goods
8.4.1 The following are not eligible for discretionary return, unless supplied incorrectly by Alternergy:
(a) special-order products;
(b) bespoke or customer-specific products;
(c) non-stock products sourced specifically for a Customer;
(d) configured battery systems;
(e) custom-built solar kits or systems;
(f) software licences;
(g) commissioned products; and
(h) clearance, end-of-line or discontinued products.
8.5 Inspection and Acceptance
8.5.1 Approval to return Goods does not constitute acceptance of the return.
8.5.2 All returned Goods are inspected by Alternergy's warehouse team on receipt.
8.5.3 Alternergy may reject any return where the Goods or packaging are opened, damaged, marked, incomplete, dirty, installed, or otherwise unsuitable for resale as new.
8.5.4 Rejected Goods may be returned to the Customer at the Customer's expense.
8.6 Restocking Fee
8.6.1 Where a discretionary return is accepted, Alternergy may apply a restocking charge of 25% of the invoiced value of the returned Goods.
8.6.2 The restocking charge may be deducted from any credit note or refund issued.
8.7 Return Transport
8.7.1 The Customer is responsible for arranging return transport, paying all carriage, handling and insurance costs, and ensuring the Goods are adequately packaged to prevent damage in transit.
8.7.2 Goods damaged during return transit remain the Customer's responsibility until inspected and accepted by Alternergy.
8.8 Damaged or Incorrect Goods
8.8.1 The Customer must inspect all Goods promptly on delivery.
8.8.2 Claims relating to damaged, missing or incorrectly supplied Goods must be notified in accordance with Condition 7.4.
8.8.3 The Customer must not install, use, modify or dispose of Goods alleged to be damaged, missing, incorrect or defective without Alternergy's written instructions.
8.8.4 Where Alternergy accepts that Goods were
damaged in transit or supplied incorrectly, it may, at its option: (a) replace
the Goods; (b) arrange collection of the Goods; (c) issue a credit note; or (d)
provide a refund for the affected Goods.
8.9 Each instalment of Goods delivered
under Condition 7 is invoiced and paid for separately and constitutes a
separate Contract. Delay or defect in one instalment does not entitle the
Customer to cancel any other instalment.
9. Warranty
9.1 Alternergy does not itself provide any product warranty, performance warranty, workmanship warranty or guarantee in respect of the Goods.
9.2 Product warranties are provided solely by the relevant manufacturer, in accordance with that manufacturer's own warranty terms, conditions and procedures.
9.3 The Customer is responsible for submitting warranty claims directly to the relevant manufacturer and complying with all of that manufacturer's requirements.
9.4 Alternergy may, at its sole discretion, provide reasonable assistance in facilitating communications with manufacturers regarding warranty claims.
9.5 Any assistance Alternergy provides under Condition 9.4 does not create any liability or obligation on Alternergy to approve, process, administer or resolve any claim.
9.6 Alternergy is not liable for:
(a) rejection of any warranty claim;
(b) delays in warranty processing;
(c) manufacturer decisions;
(d) removal costs;
(e) transportation costs;
(f) reinstallation or recommissioning costs;
(g) project delays; or
(h) consequential losses arising from defective Goods.
9.7 Product datasheets, performance estimates, marketing literature, specifications and other technical information are provided by manufacturers, are believed accurate at the time of publication, and are for guidance only — they do not constitute a warranty or guarantee by Alternergy. Manufacturers may change specifications without notice, and the Customer is responsible for verifying that Goods are suitable for their intended application before installation.
9.8 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are excluded from the Contract to the fullest extent permitted by law.
10. Insolvency of Customer
10.1 If the Customer makes a voluntary arrangement with its creditors, or (being an individual or firm) becomes bankrupt, or (being a company) becomes subject to an administration order or goes into liquidation (other than for solvent amalgamation or reconstruction), or an encumbrancer takes possession, or a receiver is appointed over any of its property or assets, or it ceases or threatens to cease trading, or Alternergy reasonably believes any such event is about to occur (and notifies the Customer accordingly), then, without affecting its other rights, Alternergy may cancel the Contract or suspend further deliveries without liability. If Goods have been delivered but not paid for, the price becomes immediately due and payable, and the Customer must not use or install the Goods until they are paid for.
10.2 Termination of the Contract does not affect any rights or remedies that have accrued as at termination. Conditions that expressly or by implication survive termination continue in full force and effect.
11. Limitation of Liability
11.1 Nothing in these Conditions limits or excludes Alternergy's liability for:
(a) death or personal injury caused by its negligence, or that of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title);
(d) defective Goods under the Consumer Protection Act 1987; or
(e) any other matter for which it would be unlawful for Alternergy to exclude or restrict liability.
11.2 Subject to Condition 11.1Alternergy is not liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, for:
- loss of profit;
- loss of business;
- loss of anticipated savings;
- loss of contracts;
- loss of goodwill;
- loss of data;
- installation costs;
- removal costs;
- project delays;
- financing costs; or
- any other consequential or indirect loss,
in each case arising under or in connection with the Contract, whether or not such loss was foreseeable.
11.3 Subject to Condition 11.1, Alternergy's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, shall not exceed the price of the Goods giving rise to the claim.
12. Export Terms
12.1 In this Condition 12, "Incoterms" means Incoterms® 2020, the International Rules for the Interpretation of Trade Terms published by the International Chamber of Commerce, as amended or replaced from time to time.
12.2 Where Goods are supplied for export from the United Kingdom, this Condition 12 applies (subject to any special terms agreed in writing) and any term defined in Incoterms has the same meaning in these Conditions, save that these Conditions prevail in the event of conflict.
12.3 The Goods are supplied EXW from a location specified by Alternergy, and Alternergy is under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.
12.4 The Customer is responsible for ensuring the Goods comply with the laws and regulations of the destination country and for obtaining any necessary export or import licences, and will not hold Alternergy liable for any failure to comply with such laws or to obtain such licences.
12.5 Scope and Incoterms® 2020 definition:
- Applicable trade term — defaults to EXW, but the Order Acknowledgement may specify a different rule (FCA, CPT, CIP, DAP, DDP, etc.) that governs where risk and cost pass
- Customer compliance — destination-country law, plus a sanctions/export-control confirmation and end-use information duty
- Export licences — conditional on licence grant, with no liability for licence delay/refusal
- Customs, duties, taxes, and currency risk lies with the customer
- Risk/title — Risk follows the applicable Incoterms rule for exports, but title only passes on payment in full, regardless of Incoterm
13. Force Majeure
13.1 Neither party is liable for any failure or delay in performing its obligations under the Contract to the extent caused by an event, circumstance or cause beyond its reasonable control ("Force Majeure Event").
13.2 A Force Majeure Event includes, without limitation:
- acts of God, flood, drought, earthquake, storm, fire or other natural disaster;
- epidemic, pandemic or public health emergency;
- war, armed conflict, terrorist attack, civil unrest, riot or the threat of any such event;
- imposition of sanctions, embargoes, export controls or other governmental restrictions;
- labour disputes, strikes, lockouts or other industrial action (other than involving the affected party's own workforce);
- interruption or failure of utility services, telecommunications networks, IT systems or internet services;
- shortages of raw materials, components, products, fuel, transport capacity or labour;
- delays, interruptions or failures affecting suppliers, manufacturers, subcontractors, shipping companies, ports or carriers;
- compliance with any law, regulation, governmental order or direction; or
- any other event or circumstance beyond the affected party's reasonable control.
13.3 A party affected by a Force Majeure Event must promptly notify the other party, giving reasonable details of its nature and expected duration.
13.4 The affected party must use reasonable endeavours to mitigate the effects of the Force Majeure Event and to resume performance as soon as reasonably practicable.
13.5 While a Force Majeure Event continues, the affected party's obligations are suspended and the time for performance is extended for its duration.
13.6 If a Force Majeure Event continues for more than 90 consecutive days, either party may terminate the affected Contract by written notice, and neither party will have any liability to the other arising solely from that termination.
14. General
14.1 Alternergy may update these Conditions on the Website from time to time and does not guarantee that the version the Customer agreed to will remain accessible. The Customer should download and retain a copy of the Conditions applicable to its Order.
14.2 Alternergy may assign, transfer, charge, subcontract or otherwise deal with any of its rights or obligations under the Contract. The Customer may not do so without Alternergy's prior written consent.
14.3 Notices under or in connection with the Contract must be in writing and may be delivered by hand, sent by pre-paid first-class post, or sent by email, in each case to the address or email address specified in the Order Acknowledgement or otherwise notified in writing. A notice is deemed received: if delivered by hand, when left at the recipient's address; if sent by pre-paid first-class post, at 9.00am on the second Working Day after posting; or if sent by email, at the time of transmission, provided no delivery failure notification is received.
14.4 If any court or competent authority finds any provision (or part-provision) of the Contract invalid, illegal or unenforceable, that provision or part-provision is deemed deleted to the extent required, without affecting the validity and enforceability of the rest of the Contract.
14.5 If an invalid, unenforceable or illegal provision would be valid, enforceable and legal if part of it were deleted, the provision applies with whatever minimum modification is necessary to make it valid, enforceable and legal.
14.6 A waiver of any right or remedy is effective only if given in writing and does not waive any subsequent breach or default. No failure or delay in exercising a right or remedy constitutes a waiver of it, nor precludes its further exercise or that of any other right or remedy.
14.7 A person who is not a party to the Contract has no rights under or in connection with it.
14.8 Except as set out in these Conditions, any variation to the Contract, including any additional terms, is binding only if agreed in writing and signed by Alternergy.
14.9 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), is governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
14.10 Questions about these Conditions before placing an Order should be directed to Alternergy's Customer Services team at [email protected] or +44 20 3763 7000, 9am to 5.30pm.
15. Data Protection, Records and Cybersecurity
15.1 Data Protection Compliance
Each party shall comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and any replacement legislation.
15.2 Processing of Personal Data
Alternergy may process Customer information and personal data for legitimate business purposes connected with the Contract, including:
- processing Orders;
- delivering Goods;
- account administration;
- customer support;
- credit control;
- fraud prevention;
- warranty administration;
- security monitoring;
- regulatory compliance; and
- marketing communications, where permitted by law.
15.3 Customer Obligations
The Customer warrants that it has all necessary rights, permissions and lawful grounds to provide personal data to Alternergy, and shall ensure such data remains accurate and up to date.
15.4 Data Retention and Records
- Sales orders, invoices and transaction records: 7 years
- Customer account records: 7 years after account closure
- Warranty records: duration of warranty plus 2 years
- Website enquiry records: 24 months
- Marketing contacts: until consent is withdrawn, or 24 months of inactivity
- CCTV (where applicable): 30 to 90 days
15.5 Third-Party Data Sharing
Alternergy may share Customer information with trusted third-party service providers where necessary to perform the Contract, including payment providers, delivery and logistics providers, cloud hosting providers, CRM and ERP providers, technical support suppliers, professional advisers, auditors, and marketing service providers where lawful.
15.6 Legal Disclosures and International Transfers
Alternergy may disclose information where required by law, a regulatory authority, a court order or a law enforcement request, or where reasonably necessary to protect its legal rights. Where personal data is transferred outside the United Kingdom, Alternergy will implement appropriate safeguards as required by applicable law.
15.7 Customer Accounts, Portal Documents and Electronic Communications
Alternergy may make invoices, certificates, warranties, statements, datasheets, technical documents and other records available through the Website or a Customer portal. The Customer is responsible for retaining copies of documents it needs for its own records, compliance obligations, project documentation and warranty claims. The Customer agrees that Alternergy may provide communications electronically, including quotations, order confirmations, invoices, statements, shipping notices and account notifications.
15.8 Cybersecurity and Account Security
Alternergy will maintain reasonable technical and organisational measures designed to protect its systems and Customer information. The Customer is responsible for maintaining the confidentiality of its account credentials and for all activity conducted through its account, and must notify Alternergy immediately of any suspected unauthorised access or security incident. The Customer must not:
(a) knowingly introduce viruses, malware, worms, trojans or other malicious technology to the Website;
(b) attempt unauthorised access to Alternergy's systems;
(c) interfere with the Website's security or availability; or
(d) conduct penetration testing without Alternergy's prior written consent. Alternergy may suspend or terminate access to any account where unauthorised access, security risk, fraud or other misuse is suspected.
15.9 Data Breach Notification
Where required by applicable law, Alternergy will take reasonable steps to investigate, contain and mitigate any personal data breach, and will notify affected parties and regulatory authorities where legally required.
15.10 Cyber Incident Limitation
No IT system can be guaranteed completely secure. Except where prohibited by law, Alternergy is not liable for losses arising from cyberattacks, malware, hacking, denial-of-service attacks, internet outages or similar events beyond its reasonable control, provided it has implemented security measures reasonable and appropriate to the nature of its business.
15.11 Privacy Policy
Further information about how Alternergy collects, uses, retains and protects personal data is available in Alternergy's Privacy Policy, published on the Website.