Terms & Conditions
(a) For the purposes of these conditions of sale the contract means the contracts between Xcel and the customer for the supply of [ ] in accordance with these conditions, the Order Confirmation and any other express terms agreed in writing between the parties (the “Contract”).
These conditions () apply to the Contract to the exclusion of any other terms that the customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
The order constitutes an offer by the customer to purchase the [ goods/ services] in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the order and any applicable specification are complete and accurate.
The order shall only be deemed to be accepted when the Supplier issues a written acceptance of the order (by way of the Order Confirmation or otherwise) , at which point the Contract shall come into existence.
The customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the customer that is inconsistent with these Conditions.
Neither the buyer nor the seller shall be bound by any variation, waiver of, or addition to these conditions except as agreed by both parties in writing and signed on their behalf.
The description of the goods has been given by way of identification only and the use of such description shall not constitute a sale by description.
Notwithstanding that a sample of the goods has been exhibited to and inspected by the buyer, it is hereby declared that such sample was so exhibited and inspected solely to enable the buyer to judge for himself the quality of the bulk, and not so as to constitute a sale by sample.
(a) All quotations and estimates issued by the seller are, unless otherwise stated, based on current cost of production (material, hours & wages) and are subject to amendment on or after acceptance to meet any rise or fall in such costs.
(b) Any variation to prices quoted as a result of government taxes and levies will be for the buyer’s account.
Payments for goods supplied under the contract are to be made strictly to agreed terms which are net 30 days. Any other payment terms must be agreed in writing prior to despatch. If payment of the price or any part thereof is not made by the due date, the seller shall be entitled:
(a) To require payment in advance of delivery of undelivered goods.
(b) To refuse to make delivery of any undelivered goods whether ordered under the contract or not and without incurring any liability whatever to the buyer for non-delivery or delay in delivery.
(c) To terminate the contract.
Carriage charges shall be borne by the seller, except where express delivery is required which shall be an additional cost to the buyer. Claims for non-arrival, breakage, damage or theft can only be entertained within 7 days of receipt of goods. The quantity and condition of all cartons should be checked on arrival and signed for accordingly. Goods returned must be accompanied by a Debit Note. Carriage will not be refunded without prior agreement. Disposal of goods is at the sole discretion of the seller by written agreement only.
The risk in the goods will pass to the buyer upon delivery.
The seller undertakes to use its best endeavours to despatch the goods on the promised delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract unless expressly so stipulated in writing.
Title in the goods remains vested in the Company and shall pass from the Company to the buyer upon full payment being made by the buyer of all sums due.
11. FORCE MAJEURE
If delivery is delayed by strikes, lockouts, fire, accidents, defective materials, delays in receipt of raw materials or brought-in goods or components or any other cause beyond the reasonable control of the seller a reasonable extension of time for delivery shall be granted and the buyer shall pay such reasonable charges as shall have been occasioned by the delay.
12. USE OF INFORMATION
Customer information will be stored by the company and credit information may be shared for monitoring and administration purposes with our representative body The GA and with other members of The GA
The contract shall be deemed to have been made in England and the parties to the contract hereby submit to the jurisdiction of the English courts. English law shall be the proper law of the contract.