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TERMS AND CONDITIONS PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the The xmod Ltd entity named on the invoice that will be provided to you ("Customer") on orders for products sold in the United Kingdom. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH The xmod Ltd, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER The xmod Ltd STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and The xmod Ltd
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY SCOTTISH LAW.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within The xmod Ltd sole discretion, and unless otherwise agreed to by The xmod Ltd, payment must be received by The xmod Ltd, prior to The xmod Ltd acceptance of an order. Payment for the products will be made by wire transfer, cheque, postal order or some other prearranged payment method unless credit terms have been agreed to by The xmod Ltd. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. The xmod Ltd may invoice parts of an order separately. Orders are not binding upon until accepted by The xmod Ltd. Any quotations given by The xmod Ltd will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges. Separate charges for shipping and handling will be shown on The xmod Ltd, invoice(s). Unless Customer provides The xmod Ltd with a valid and correct tax exemption certificate applicable to the product ship-to location prior to The xmod Ltd acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for The xmod Ltd franchise taxes and taxes on The xmod Ltd net income.
5. Risk of Loss. Title to products passes from The xmod Ltd to Customer on shipment from The xmod Ltd facility. Loss or damage that occurs during shipping by a carrier selected by The xmod Ltd is The xmod Ltd responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
6. Warranties, Disclaimers. The xmod Ltd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
7. Products. The xmod Ltd policy is one of on-going, product updates and revisions. The xmod Ltd may revise and discontinue products at any time.
8. Limitation of Liability. The xmod Ltd DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. The xmod Ltd WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
9. Type of goods. Please note that you are buying surplus equipment and is not new and is sold 'as is'.
Viewing can be arranged for any items before you purchase goods. Some items may require to be tested when used in certain environments, you the "Customer" are responsible for testing anything you buy and making sure they comply to any regulation or tests that they require to comply with currant safety regulations. |
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