Terms of website use
Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Reliance On Information Posted & Disclaimer
the materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
Information about us
www.x-cel.com is a site operated by X-Cel Superturn Ltd (“We”); we are a Company registered in England and Wales under registration number 01710788 . Our registered office is X-Cel Superturn Ltd, Unit 3 Brindley Way, Rotherham, S60 5FS. Our VAT number is GB 312263935
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
· All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
· Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data;
· loss of goodwill;
· wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy [INSERT A LINK TO SITE’S PRIVACY POLICY]. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
TERMS AND CONDITIONS OF SALE
1.
Every effort is made to ensure sound material and good workmanship but we give no warranty, express or implied, of material, workmanship, or fitness of goods for any particular purpose, whether such purpose be known to us or not.
2.
We accept no responsibility of any kind for any materials sent by or on behalf of the purchaser and risk in such materials shall remain with the purchaser.
3.
Our liability in respect of or consequent upon any defect whether in original or replacement material or workmanship is limited to replacement only, and does not extend to any other expenditure incurred or to any consequential damages or to any loss of profit, nor any other loss or damage whatsoever, consequential or otherwise suffered or incurred by the buyer and reasonable extension of time is to be allowed to enable us to replace. The Company’s liability is further limited to defects reported to the company in writing within three months from the actual date of delivery.
4.
In respect of materials either purchased by us or supplied by us or supplied by our customer free of charge, we reserve the right to amend our price if extra work is involved through any variation in the quality or specification of such material.
5.
Where the contract price is to be agreed at a later date, then unless otherwise stated, if agreement cannot be reached within twenty one days of delivery, the price shall be the total of our costs plus fifty percent.
6.
We accept no responsibility for the accuracy of the drawings, particulars or specifications supplied by the buyer.
7.
The buyer is to indemnify us against any claims whatsoever for damages and costs and against all liability in respect of any infringement of legal rights resulting from compliance with the Buyer’s instructions expressed or implied.
8.
Delay in delivery of whole or part shall be allowed if caused by lock-outs, strikes, fire, tempest, and/or accidents to machinery, war or other unexpected or exceptional cause. The promise of delivery is given in good faith but the company can accept no liability in the event of the anticipated date being exceeded. No guarantee or warranty as to rate of delivery or time of delivery is given or may be implied although every endeavour will be made to give delivery within any time which may be stated in this contract.
9.
When the price(s) of goods or material is (are) fixed or controlled by Statute, ministerial order or other governmental or administrative action and the price(s) is (are) altered or varied after the date of acceptance of order by us the price(s) ruling at date of actual despatch shall be substituted for the price(s) stated.
10.
Unless otherwise agreed in writing, payment of all monies due under the contract shall be made within thirty days of the month end of the invoice date.
11.
The prices quoted are Ex Works, unless otherwise stated, and we reserve the right to charge for carriage when appropriate.
12.
An additional charge will be made for packing materials where appropriate and unless otherwise stated.
13.
No statement, description, or condition, contained in any catalogue or advertisement issued by us or in any communication from us, or made verbally or in writing by any of our agents or employees and no recommendation so contained or made of any particular material or workmanship for any particular purpose shall give or imply or be construed as giving or implying any warranty or in any way enlarging, varying or overriding these conditions.
14.
An order placed by the buyer must be in writing and shall, constitute an offer to purchase which shall not be binding on us until confirmed by our written acknowledgement. The contract shall then be construed as an English contract and conform with English Law and be subject to these Conditions of Sale unless otherwise agreed in writing.
15.
We reserve the right to correct clerical errors.
16.
In the event of an order being cancelled by the Buyer, the Buyer shall reimburse all losses arising there from on receipt of our claim.
17.
Unless otherwise agreed in writing, we do not accept any liability whatsoever for property held at our premises not belonging to us, and insurance of this property shall be the Buyer’s responsibility.
18.
We endeavour to supply the exact quantity ordered but as this is not always possible, we reserve the right to deviate from the quantity ordered where reasonably necessary and this shall not constitute a breach of contract.
19.
Testing and inspection, if specified by buyers or their agents, is to be at the Company’s works and to be final. All fees incurred in connection with testing and inspection will be charged to the buyer unless otherwise agreed in writing.
20.
Ownership of goods supplied shall not be transferred to the Buyer until payment has been made in full and all proceeds from sale of the goods shall be held by the buyer in trust for the company.
21.
Subsequent variations to contract shall be valid only if both requested by the Buyer and acknowledged by the company in writing.
22.
Selling prices quoted are fixed for 30 days from the date of quotation and thereafter we reserve the right to amend them where appropriate.
23.
When we design special equipment and machines to the Buyer’s specifications the Buyer shall be responsible for compliance with all health and safety requirements and shall indemnify us against all claims arising from the use or failure of such equipment and machines.
24.
In the case of design only contracts if there is a dispute regarding the design supplied by us the extent of our liability is limited to the contract price of such designs.
25.
In the event that we are not successful in obtaining an order and technical information, ideas, suggestions, drawings or design of a proprietary nature have been submitted and used or acted upon by the Buyer, we reserve the right to recover from the buyer all our costs incurred in tendering for the contract, together with royalties and other legal entitlements.
26.
Works undertaken on behalf of customers subject to Purchase Orders may be called off from time to time as and when required or by instalment. Each instalment of Works pursuant to a Purchase Order shall be divisible and shall be invoiced separately and any invoice for a delivery and installation pursuant to a Purchase Order shall be payable by you in full without deduction or set off in accordance with the terms of payment provided for therein without reference to and notwithstanding any defect or default in the supply or installation of any other instalment or of any other instalment under any other contract.
Your concerns
If you have any concerns about material which appears on our site, please contact sales@x-cel.com
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