http://www.xgentec.co.uk

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Terms and Conditions of Purchase  / Customer’s standard terms and conditions


1. Definitions


“Catalogue” means the catalogue (in whatever form, whether paper or electronic) in which these Conditions are set out.

“Company” Owner – Creator – Designer XRS Personal Sales Website

“XRS” Owner – Creator – Designer XRS Personal Sales Website

“Xgentec” Owner – Creator – Designer XRS Personal Sales Website

“XRS Xgentec” Owner – Creator – Designer XRS Personal Sales Website

“Conditions” means these terms and conditions.

“Contract” means any contract between the Company and the Customer for the sale and purchase of Supplies.

“Customer” means the person(s) or company whose order for the Supplies is accepted by the Company.

“Goods” means any goods supplied or to be supplied by the Company to the Customer.

“Services” means any services supplied or to be supplied by the Company to the Customer.

“Supplies” means any Goods or Services.

“in writing” includes electronic communications.


2. Conditions


lf orders are accepted by XRS Xgentec subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between XRS and the Customer or set out in the Customer’s standard terms and conditions. If there is any conflict between

• the other provisions of this Catalogue and these Conditions; or

• the provisions of the order and these Conditions

these Conditions will prevail unless XRS Xgentec agrees otherwise in writing. Together with any terms accepted by XRS Xgentec in connection with an order, these Conditions constitute the entire agreement between XRS Xgentec and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by the director or owner or creator of XRS Xgentec.


3. Prices


XRS Xgentec reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted.


4. Website Changes


XRS Xgentec reserves the right to change its website without notice at any time. Prices charged will be those prevailing when an order is accepted.


5. Payment


Payment is always required in advance.

After payment is made for Goods it is a legally binding Contract between the XRS Xgentec and the Customer. XRS Xgentec reserves the right to cancel the Contract at any time.



6. XRS Xgentec Decline To Trade


If any customer tries to manipulate the shipping process or they escalate a decision to a payment service provider they are instantly banned from making future orders from the XRS Xgentec website.

XRS Xgentec reserves the right to discontinue or decline to trade with any company or person or if any purchase is considered unlawful or suspected to be unlawful or breaches any law of the United Kingdom or any law of the postal destination country or any law along the postal destination route. XRS Xgentec is not responsible for misuse of any products sold during or after the transaction process. XRS Xgentec can cancel any transaction without reimbursement if a transaction is deemed or suspected unlawful in any way.


7. Shipping & Packaging

All orders are dispatched using Royal Mail International Fully Tracked Delivery.

Tracking codes are attached to all customers orders to guarantee 100% delivery.

If any customer tries to manipulate the shipping process or they escalate a decision to a payment service provider they are instantly banned from making future orders from the XRS Xgentec website.

If incorrect information or postal address is provided when ordering it can not be changed after payment is made under any circumstances. The only option is an order cancellation refer to order cancellation section.

Delivery will be made to the address specified by the Customers Payment PayPal Account.


XRS Xgentec reserves the right to arrange delivery of Goods directly from the manufacturer or supplier of those Goods to the Customer.


XRS Xgentec may use any method of delivery available to it.

XRS Xgentec postage days are usually on Monday, Wednesday, Friday

XRS Xgentec will use all reasonable endeavours to despatch Goods ordered within 7 working days before 4 p.m. Monday to Friday or within 20 working days of order for larger orders, provided that those Goods are in stock.


Where Goods ordered are not in stock items, it may not be possible for XRS Xgentec to arrange 7 working days despatch but XRS Xgentec will make reasonable endeavours to notify the Customer lead times for such Goods, where known.


If an items amount is over estimated in the web site a refund is usually given by XRS Xgentec for the items that it can not deliver. Available amounts will be delivered and a refund is usually made for the items not in stock or that can not be delivered. The time of refund payment is at the discretion of XRS Xgentec.


XRS will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in 15 below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.


XRS Xgentec reserves the right to delay despatch for a number of reasons, including to perform any necessary credit or anti-fraud checks or procedures or to ensure that payment has been received in cleared funds in full or if there is any suspicion of illegality concerned with any purchase. Where despatch is delayed for such reasons, XRS Xgentec will use reasonable endeavours to inform the customer.



8. Delivery PO Boxes

XRS Xgentec does not accept PO Box delivery addresses. If a purchase is made using a PO box delivery address you will be informed again of our non delivery PO box policy within 7 days of your purchase. The only option is an order cancellation refer to order cancellation section.


10. Urgent Delivery


Urgent delivery can be arranged by email.

For more urgent deliveries XRS Xgentec offers a special delivery only by using invoice order, the details and cost of which are set out by XRS Xgentec in the payment invoice.


11. Inspection, defects and non delivery


The Customer must inspect the Supplies as soon as is reasonably practicable after delivery.


XRS Xgentec shall not be liable for any defect in the Supplies unless written or Email notice is given to XRS within 7 days of the date of inspection.


XRS Xgentec does not write software comprised in the Goods and it is the Customer’s responsibility to check for the presence of computer viruses before the Goods are used.


The quantity of any consignment of Goods, as recorded by XRS Xgentec upon despatch from the XRS Xgentec place of packaging, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary.



12. Returns


Prior to returning any Goods to XRS Xgentec for any reason, the Customer must contact the XRS Xgentec by Email and get verification that the return will be accepted.


All Goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods in original condition to the XRS Xgentec and for providing proof of delivery of such return.


Accepted returns should be returned for receipt by XRS Xgentec within 21 days of despatch.


The Customer should return the Goods to:

XRS Xgentec, 22 Bootbinders Road, Norwich, Norflok, NR32DT, United Kingdom.


Providing the correct information and or postal address is the responsibility of the buyer. XRS Xgentec does not take responsibility for incorrect information provided by the buyer.


Goods that consist of software or are specially constructed or contain any of the hazardous substances referred to in Directive 2002/95/EC on the Restriction of the Use of Certain Hazardous Substances in Electrical or Electronic Equipment (‘RoHS’) may not be returned.


Any Goods which are not in the web site or are non-stock items may not be returned.


Any static-sensitive Goods or moisture sensitive components (MSL) supplied in sealed packaging may not be returned if the blister or ‘peel’ packs in which they are supplied have been opened, tampered with or damaged.


13. Incorrect Information Or Postal Address Cancellation


If incorrect information or postal address is provided when ordering the buyer must do an order cancellation refer to order cancellation section.



14. Order Cancellation & Refunds


Once payment is accepted an order will not be cancelled without a good and valid reason.


Once payment is accepted an order will not be cancelled without paying order cancellation fees.


Once payment is accepted, no order may be cancelled without the prior Email agreement from XRS Xgentec.


Without limiting the generality of this, orders for Goods which are not in catalogue or non stock items may not be cancelled.


If a customer wishes to cancel an order after payment has been made a cancellation charge fee of up to 30% will be charged to the customer for administration costs and to initiate the refund. This cancellation fee will be deducted from your original payment before it is refunded.

For instance if you paid £100 and you request a refund your cancellation fee 30% will be deducted then what is left you will be refunded. So if you are given a 30% cancellation fee your refund amount will be £70.


15. Distance selling regulations


As defined in The Consumer Protection (Distance Selling) Regulations 2000, the Customer may, provided he or she has taken reasonable care of the Goods, return the Goods and be repaid the price paid in respect of them within 7 working days (excluding Saturday and Sunday and any UK Bank Holiday) of their delivery. To return Goods on this basis, the Customer must notify XRS Xgentec in writing and return the Goods, in their original packaging, within the 7 day period to :

XRS, 22 Bootbinders Road, Norwich, Norflok, NR32DT, United Kingdom.

clearly quoting the Returns Material Authorisation Number (RMA), and order number on the outside of the package. Goods should be returned first class with proof of posting and the Customer is responsible for payment of all postage costs. In respect of certain Goods the Company may prefer to arrange collection itself and, if requested, the Customer will allow XRS to collect the Goods and will assist in the arrangements for the Goods’ collection. All reasonable costs of collection will be borne by the Customer. The Customer is responsible for the care and custody of the Goods pending their return or collection. Following receipt of Goods which comply with this Condition 10, XRS will refund to the Customer the price paid in respect of the Goods.

This Condition 10 shall not apply to software that has been unsealed by the Customer.


16. Description


All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including without limitation in this Catalogue, on data sheets, application notes, despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract. If the Description of any Goods differs from the manufacturer’s description, the latter shall be deemed to be correct. XRS shall take all reasonable steps to ensure the accuracy of Descriptions but relies on such information, if any, as may have been provided to it by its suppliers and accepts no liability in contract or tort or under statute or otherwise for any error in or omission from such Descriptions whether caused by XRS negligence or otherwise. XRS may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation. Without prejudice to this Condition 11, Customers are recommended to check the Company’s website for the latest descriptions of the Goods, in particular, but without limitation, with regard to statements regarding RoHS.


17. Risk and ownership


The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Royal Mail carriers at the Customer’s premises. Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due from the Customer to the XRS on any account whatsoever. Until ownership passes to the Customer, the Customer must hold the Goods on a fiduciary basis as the XRS bailee. If payment is not received in full by the due date, or the Customer passes a resolution for winding up or a court shall make an order to that effect, or a receiver or administrator is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, XRS shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.

This Catalogue remains at all times the sole and exclusive property of XRS XGenTec.


18. Quality Assurance


All Goods are tested before dispatch from XRS packaging and posting point.


19. Performance and fitness for purpose


All Goods are tested before dispatch from XRS packaging and posting point.


20. Warranty/Guarantee


XRS gives no guarantee on custom made items sold.


21. Exclusion of Liability


XRS does not exclude its legal liability to the Customer:


22. Intellectual property rights


The Supplies in this Web Site may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business. XRS shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. In particular, without limiting the above, title in any software program forming all or any part of the Goods is reserved to the XRS. The Customer is responsible for informing itself of the terms of its licence or use and paying any royalty payable.

XRS owns full rights in respect of this Web Site and its reproduction in whole or part is prohibited without XRS prior written consent.


23. Use of Personal Data


“Personal Data” means, in relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by XRS) XRS can identify that Customer or that representative, regardless of how and when that data is provided. XRS may process Personal Data for all purposes contemplated in these Conditions or arising in the context of the relationship between XRS and the Customer including:

i. Deciding whether to enter into any contract or arrangement with that Customer. This may include conducting credit reference searches against a Customer or its representatives and the disclosure of information to the relevant agency as to how that Customer conducts its account, and other anti-fraud or identity checks;

ii. Order fulfilment, administration, customer services, profiling the Customer’s purchasing preferences and to help to review, develop and improve the company’s business and the goods and services it offers;

iii. Direct marketing of XRS products and services

iv. Crime prevention or detection.

The processing of the Personal Data may involve:

i. The disclosure of that Personal Data to XRS service providers and agents;

ii. The disclosure of that Personal Data to other designer of the Web site

iii. The disclosure of that Personal Data to third parties whose products and services XRS believes may be of interest to that Customer or representative;

iv. The transfer of Personal Data outside of the EEA, including to countries whose laws may not provide adequate protection to Personal Data. XRS will only transfer Personal Data outside the EEA to companies who have guaranteed to XRS the same level of protection as that Personal Data would have received in the UK.

If, at any time, the Customer or its representatives does not wish his or her Personal Data to be used for any or all of the above purposes, he or she should contact XRS by email.


24. Promotions


In the event that XRS sends promotional material to the Customer in relation to goods or services available from XRS, these Conditions shall apply to all Supplies purchased from such material.


25. Country of origin


Unless otherwise confirmed by the Company in writing, nothing in this Web Site is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.


26. Age requirements for certain Goods


Where the law requires a minimum age for the purchase of certain Goods, the Customer confirms that he or she is over the required age and that delivery of the Goods will be accepted by a person over the relevant age limit.


27. Prohibited Applications


The Goods are not designed, authorised or warranted to be suitable for use in anti-personnel landmines, nuclear facilities or weapons of any kind, chemical or biological weapons, missile technology, space or aircraft or air traffic applications, life support or life sustaining equipment, surgical implantation equipment or for any other purpose where the failure or malfunction of the Goods could reasonably be expected to result in personal injury, death, severe property or environmental damage. Use or inclusion of the Goods in any such equipment, system or applications is strictly prohibited (unless XRS agrees in writing that such prohibition does not apply to a particular product) and any such use will be at the Customer’s own risk.


28. Force majeure


XRS shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of XRS obligations under these Contract if the delay or failure was due to any cause beyond XRS reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, or inability to obtain or a delay in obtaining supplies of Goods ). XRS may, at its option, delay the performance of, or cancel the whole or any part of a Contract.


29. Recording of telephone calls


XRS reserves the right to monitor, intercept or record telephone calls and may monitor or intercept all email or other electronic communications made to or from its premises for security and quality purposes.


30. Legal construction


All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but XRS may enforce such Contract in any court of competent jurisdiction.


31. Fees

If a customer wishes to cancel an order after payment has been made a cancellation charge fee of 35% will be charged to the customer for administration costs and to initiate the refund. This cancellation fee will be deducted from your original payment before it is refunded.

For instance if you paid £100 and you request a refund your cancellation fee 35% will be deducted then what is left you will be refunded. So if you are given a 35% cancellation fee your refund amount will be £65.

XRS http://www.xgentec.co.uk does its very best to have a policy of fairness and loyalty to our customers.

In 99.9% of cases we do not enforce terms and conditions. These terms and conditions are mainly here to protect the website from unscrupulous customers who try to take advantage of XRS or people who try to manipulate the XRS website rules system.

We want you the customer to be happy with any purchase and always wish for you to come back so it is not in our best interest to be unfair.

If you have any queries just contact us.