Our Terms of Service
Definitions
The following expressions in these Conditions shall mean respectively:
"the Company" X-Press Digital Ltd.
"the Client" The person, company or body buying or
offering to purchase Goods and/or Services from the Company.
"Goods" Materials contracted for and/or supplied by
the Company.
"Services" Services contracted for and/or supplied
by the Company.
General
The following terms are the Company's terms and conditions. The
Company concludes contracts for the supply of Goods and the provision
of Services only subject to these terms and the Client seeking
to receive Goods and or Services from the Company accepts that
these terms shall govern relations between itself and the Company
to the exclusion of any other terms including conditions, warranties
and representations written or oral, expressed or implied even
if contained in any of the Client's documents which purport to
provide that the Client's own terms shall prevail.
Order
Orders, once accepted, cannot be varied or cancelled except with
the consent of both parties in writing and then only on terms
which would fully indemnify the Company against any loss caused
directly or indirectly by the variation or cancellation. The
Company's employees and agents are not authorised to make any
representation concerning the Goods and/or Services unless confirmed
by the Company in writing. In entering into the contract the
Client acknowledges that it does not rely on, and waives any
claim for breach of any such representations which are not confirmed.
Any typographical, clerical or other error or omission in any
sales literature, quotation, price list, acceptance of offer,
invoice or other document or information issued by the Company
shall be subject to correction without liability on the part
of the Company. The Company reserves the right to alter specifications
of the Goods and/or Services without notice. The Company shall
have no liability to the Client or any other party in respect
of such alteration on any account whatsoever. All deposits are
strictly non-refundable.
Prices
The Company reserves the right to alter prices, trade discounts,
settlements discounts and terms at any time. They are subject
to alteration without notice. All orders are accepted at prices
etc ruling on date of receipt of order.
Force Majeure
The Company shall be relieved of its liabilities incurred under
any contract wherever to the extent to which the fulfillment
of such obligations is prevented, frustrated or impeded as a
consequence (though not exclusively) of act of God, war, invasion,
act of foreign enemy hostilities (whether or not exclusively),
civil war, rebellion, revolution, insurrection or military or
usurped power or any such event or by any statute; rules, regulations,
orders or requisitions issued by any governments, council or
duly constituted authority or from strikes, lock outs, breakdown
of equipment or any other causes (whether or not of a like nature)
beyond the Company's control whether in the United Kingdom or
elsewhere.
Guarantee
The Company's acceptance of an order does not warrant in any
way the suitability of the Goods and/or Services produced by
the Company for the use to which they may be put.
Indemnity
The Purchaser shall forthwith indemnify the Company on a full
indemnity basis against all or any liability, cost or expense
of whatsoever nature incurred by the Company due to an alleged
or actual infringement of any patent, patent application, copyright
or intellectual property, right or otherwise arising out of Goods
manufactured or services provided by the Company to the Client's
order and in accordance with any samples, designs, specifications
and/or instructions given by the Client to the Company.
The client should also be aware that as new browser versions
from both Firefox and Microsoft are developed, they may not be
backward compatible. In the absence of a Maintenance Agreement
time spent to redesign a site for compatibility due to the introduction
of a new browser version will be separately negotiated and in
addition to the original quote.
Sub-Contract
The Company shall be entitled to sub-contract all or any of its
obligations hereunder.
Law of Contract
The order will be deemed to be an English contract governed by
the laws of England and action or actions shall be heard in an
appropriate English court.
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