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Terms and conditions of Business
1 Interpretation In these Conditions:
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‘BUYER’ or
‘YOU’ means the person who accepts a quotation of the Seller
for the sale of the ‘Goods’ and whose acceptance is then
confirmed by the Seller in accordance with these conditions or
whose order for the ‘Goods’ is accepted by the seller
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‘GOODS’
means the goods (including any instalment of the goods or any
parts for them) which the seller is to supply in accordance
with these conditions
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‘SELLER’ or
‘WE’ or ‘US’ or ‘OUR’ means XTRACS LIMITED
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‘CONDITIONS’
means the standard terms and conditions of sale set out in
this document and (unless the context otherwise requires)
includes any special terms and conditions agreed in writing
between the buyer and the Seller or set out in the Quotation
Order or Acceptance Forms issued by the Seller • ‘CONTRACT’
means the contract for the purchase and sale of the Goods
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‘WRITING’
includes telex, cable, e-mail, facsimile transmission and
comparable means of communication
Any reference in these Conditions to any provision of a
Statute shall be construed as a reference to that provision as
amended, re-enacted or extended at that relevant time.
The headings in these Conditions are for convenience only and
shall not affect their interpretation.
2 Updating Range
Our range of products is continually being revised and updated.
We reserve the right to change specifications without prior
notice.
3 Specifications
All descriptions, illustrations and sizes given in this
catalogue are for guidance only and no particulars therein shall
be binding on the company.
4 Samples
Prior to a bulk order, we are able to supply samples on selected
items. Please call for details.
5 Price/Discounts
All prices are quoted exclusive of VAT. Please refer to ordering
information for details. Xtracs Limited reserve the right to
alter any prices/discounts at any time without prior notice.
6 Minimum Order
There is a minimum order of £45.00 + VAT. Any orders received
below this value will be subject to a small order charge of
£12.50 + VAT.
7 Delivery & Risk
Delivery lead-times are given in good faith and Xtracs Limited
will not be responsible for any kind of delay in transit. We
accept no liability and the buyer has no right to cancel the
order if delivery is delayed beyond the estimated time unless we
have specifically agreed in writing to deliver on a particular
date.
Prior to dispatch great care is taken to inspect and package all
goods. Upon receipt of a delivery, all goods must be examined
for damage before signing the carrier’s note. In the event that
goods are damaged, the carrier’s note should be endorsed
accordingly, the goods should be kept in the original packaging
at the buyer’s premises for later inspection and Xtracs Limited
should be notified in writing within 24hrs. Failure to comply
with any of the above will be deemed that the goods are
acceptable and the buyer unconditionally waives any right to
reject the aforementioned goods.
Our liability in respect of loss or damage to goods shall not
exceed the invoice value of the goods (excluding VAT) and our
liability shall in no event extend to consequential or indirect
loss or damage, loss to third parties or loss of business.
The goods must be delivered to the delivery address agreed with
Xtracs Limited. Under no circumstances should the carrier be
instructed by the buyer to deliver to another address or to
leave the goods elsewhere.
If the buyer, or a representative of the buyer is not available
to check and take delivery of the goods at the delivery address,
this may result in the carrier needing to return on another date
and a delivery surcharge to the buyer may apply.
8 Payment
Non-account buyers must submit payment with their order. When
paying by cheque, please allow 5 working days for funds to clear
before goods can be released.
Credit accounts may be applied for following a minimum of 3
months regular trading with Xtracs Limited on payment with order
basis. Terms of trade are 30 days nett and any account
outstanding for more than 30 days may be charged interest at 4%
above Barclays Bank PLC lending rate. We reserve the right to
refuse or withdraw credit accounts at any time.
9 Returns
No goods may be returned to Xtracs Limited without our prior
consent or after a period of 7 working days. Goods are returned at the buyer’s cost and risk. A
restocking charge will be made at 40% of the invoice value of
all goods returned. Custom made goods are not returnable.
10 Copyright
Copyright of any product manufactured by us or any design,
illustration or drawing produced by us remains the sole property
of Xtracs Limited unless expressly agreed in writing by Xtracs
Limited.
11 Reservation of title
Risk in the Goods shall pass to you when the Goods are
delivered.
The property of the Goods shall remain with us until you pay all
sums due whether in respect of this contract or otherwise.
You shall hold the Goods as our fiduciary agent until title
passes.
Until title passes the Goods shall be stored separately from any
other Goods and you shall not interfere with any identification
mark, labels batch numbers or serial numbers on the Goods.
Until title passes we agree that you may use or agree to sell
the goods as principle and not as our agents in the ordinary
course of your business subject to the express condition that at
our direction the entire proceeds of any sale or insurance
proceeds received in respect of the Goods are held in trust for
us and not mixed with any other monies or paid into an overdrawn
bank account and shall at all times be identifiable as our
money.
We shall be entitled to recover the price of the Goods including
VAT even though the property in any of the Goods remains with
us.
We shall be entitled at any time to recover any or all of the
Goods in your possession to which we have title and for that
purpose we our servants or agents may with such transport as is
necessary enter upon any premises occupied by you or to which
you have access and where the Goods may be or are believed to be
situated.
12 General
This contract shall be governed and interpreted exclusively
accordingly to the Law of England.
Terms
and Conditions of use of the website
User Agreement and Terms of Use:
Use of the
window-displays.com
("we", "us", "window-displays.com",
"Xtracs Limited", "Xtracs Limited.") website ("the site")
constitutes acceptance of the Xtracs Limited User Agreement
("the agreement") and Terms of Use ("terms"). The user of the
site ("you") represent that you have read and understood these
terms and agree to be bound by them. If you do not agree to all
the terms and conditions on this page, please do not use this
web site. Use of any internal or external links on
window-displays.com
constitutes acceptance of the terms on this page. If you do not
agree with these terms, please exit this site by closing the
browser window.
In order to use this site you must agree to be legally bound and
to abide by the terms and to indemnify and hold
window-displays.com
and Xtracs Limited. harmless from all alleged or actual damages,
claims and expenses relating to any warrant, guarantee or
representations made on the website or linked sites. This also
includes, without limitation, attorney's fees. The use of this
site for any reason is deemed to be an agreement of this
condition.
Disclaimers
Bearing in mind that this is a free "public access" site, it is
a condition of use of the site and the materials in it that use
is at the user's own risk. We give no representation or warranty
as to the accuracy of the content of the site and assume no
responsibility for errors or omissions in it or the effect it
has upon your computer. We disclaim all liability in respect of
such information and its provision. Neither Xtracs Limited nor
any of the site's editors or contributors shall be liable for
any loss or damages suffered as a result of any use of the site,
including but not limited to direct loss, consequential loss and
loss of profits. We do not assume, and therefore disclaim, any
liability for any loss or damage caused by errors or omissions.
window-displays.com is provided on an "as is" and "as available"
basis. We shall not be liable for any direct, indirect,
incidental, special, or consequential damages. This includes,
without limitation and even if we are advised of the possibility
thereof, any damages for loss of goodwill or any and all other
commercial damages or losses including loss of profit, that
result from the use of, or inability to use Xtracs Limited. In
no event will Xtracs Limited be liable for indirect injury.
Third party disclaimer
Xtracs Limited disclaims any responsibility for the content of
any third party materials provided through or on this Internet
site. Individual merchants listed on this site provide their own
order processing and customer service. Any recommendation made
on this site is a personal opinion only and does not constitute
any form of warrant, guarantee, promise or assurance. The
merchantability or fitness for a particular purpose of any
product is not guaranteed.
Indemnity
In order to use this site you must agree to be legally bound and
to abide by the terms and to indemnify and hold
window-displays.com harmless from all alleged or actual damages, claims and
expenses relating to any warrant, guarantee or representations
made by the individual merchants or linked sites. This also
includes, without limitation, attorney's fees. The use of this
site for any reason is deemed to be an agreement of this
condition.
Availability of service
We do not warrant or guarantee that the
window-displays.com website service will be uninterrupted
or error-free. We do not make any warrant or guarantee, either
expressed or implied as to the accuracy, validity, completeness,
suitability, reliability, or currency of any information content
within its site or sites to which it is linked to. No
responsibility will be accepted for call charges sustained as a
result of automatic connection to the internet due to
advertisers page refresh commands or for any reason. It is the
visitor's responsibility to disable automatic connection in
their Internet settings.
Links and site content
Links to other web sites are provided solely as a resource guide
and do not represent an endorsement or guarantee, either
expressed or implied.
window-displays.com does not assume any liability for any of the
products, services, or data of any other sites.
window-displays.com is a facilitator of links to the content of
other sites and as such has no editorial control over the
content of such linked sites in the same manner that a public
library has no control over the content of the books that it
distributes. It is the responsibility of the user to evaluate
the information, opinion, advice, or other content contained
within the site. Where a comment or advertising message is
labelled "free", visitors should check that this is currently
the case before proceeding.
window-displays.com cannot verify the validity or quality of any
inclusions contributed by a third-party. If you believe any link
to a third party site found within the
window-displays.com website infringes your intellectual property
rights, please contact us in writing so that we may review any
alleged infringement. This site has not verified, reviewed or
approved all linked sites and makes no representation warrant or
guarantee as to any such sites accuracy or suitability. Through
its links,
window-displays.com is offering access to a wide range of
information, including historical materials that may contain
negative stereotypes or offensive terminology. All such
materials must be viewed in the context of their relevant time
period. If you have any enquiries and disputes with linked sites
they should be directed to the individual sites involved. We
reserve the right to cancel or refuse orders for items or
services offered at an incorrect price on
window-displays.com or through its links. We cannot be held
responsible or liable for any loss or damage due to reliance on
information obtained through
window-displays.com.
Information indemnity
The user agrees not to rely on any information obtained from
window-displays.com and indemnifies us from mistakes, omissions,
errors, interruptions, delays of service or performance,
defects, harmful components, viruses and bugs, howsoever caused.
It is the user's duty to execute anti-contamination or virus
software and ensure that any information, if contaminated or
infected, will not damage the user's information or system. The
entire risk as to the use of
window-displays.com is with the user.
window-displays.com is not responsible or liable for telephone,
network,
ISP,
electronic, computer or other communication problems or failures
of any kind. Personal information sent to
window-displays.com
is at the sender's own risk. Educators should review a website
before directing students to it. Sites change frequently and
might contain different content than on a previous visit. Price
and availability information is subject to change without
notice. Currency conversions are indicated for convenience only
and should not be relied upon.
Severance
If a term, covenant, provision, or condition of this agreement
becomes, or shall be held by any court of competent jurisdiction
to be against public policy or illegal, all remaining provisions
of this agreement shall remain in full force and effect and
unaffected, impaired or invalidated by this decision. The
invalidated item shall be modified by the parties to the full
extent possible to carry out all the intentions and directives
stated in this agreement.
Governing law
Any such contract will be interpreted, construed and enforced in
all respects in accordance with the laws of
England, and you and
window-displays.com
irrevocably submit to the non-exclusive jurisdiction of the
English Courts. This agreement is governed by English law and
all disputes will be handled solely in the United Kingdom.
English Courts will have jurisdiction in respect of it. You
consent to such venue and jurisdiction.
window-displays.com
controls and operates its website from its offices in the United
Kingdom and makes no representations or warranties that its
content or use is legal in other locations.
Variation
Whilst it is not our intention to do so,
window-displays.com reserve the right to change its policies and terms at
any time. Any such changes will be posted on this page. Price
and availability information is subject to change without
notice. We do not assume, and therefore disclaim, any liability
for any loss or damage caused by errors or omissions.
Important note
The advice and information provided by
window-displays.com is for general help and guidance only and
anyone at all unsure of how to deal with a specific problem
should consult an appropriate professional. We do our utmost to
bring you relevant and reliable information, but we can take no
responsibility for any advice offered.
Headings
Headings are for reading convenience only and are not to be used
in the interpretation of this agreement.
Copyright Protection
International Copyright Protection Agreements (Berne
Convention and the Universal Copyright Convention).
All rights reserved. Copyright © commencing 2004 for
window-displays.com
Text, graphics, and HTML code are protected by UK, US, EU and
International Copyright Laws, and may not be copied, reprinted,
published, translated, hosted, or otherwise distributed by any
means without explicit permission.
Users may not upload, post, reproduce, or distribute in any way
(including verbally) the contents or intellectual property of
Xtracs Limited without obtaining permission from
window-displays.com All other trademarks, product names, and
company names and logos appearing on
window-displays.com
are the property of their respective owners. Xtracs Limited is
not associated with other companies who own similar sounding
names. Whilst it is not our intention to do so,
window-displays.com
reserves the right to change its policies and terms at any time.
Any such changes will be posted on this page. If you do not
agree to all the terms and conditions on this page, please do
not use this web site. Use of any internal or external links on
window-displays.com
constitutes acceptance of the terms on this page. If you do not
agree with these terms, please exit this site by closing the
browser window.
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