Terms & Conditions
These are the terms & conditions under which XRD Nano Limited supplies all prepaid services. No other terms & conditions will be accepted nor will any other terms & conditions form any part of any contract with XRD Nano Limited.
Definitions and Interpretations
1. In these conditions of sale [Customer] means the company, individual, or other person to whom XRD Nano Limited supplies or has agreed to supply services. [Company or Company’s] means XRD Nano Limited Registered Office Writing to A-8, Spithead Business Centre, Newport Road, Sandown, PO36 9PH, United Kingdom, Registered in England No. 13230142.
2. [Service or Services] means every, or where the context so requires, any item of whatsoever nature which the Customers buys or has agreed to buy from the Company under the contract to which the Conditions apply. [Contract] means the agreement of the sale and supply of Services subject to these Conditions.
3. [Liability] means any liability in tort (including negligence), liability in contract, and liability for breach of statutory duty, including liability in each and every case for consequential loss (including loss of profit) or damages of any kind howsoever caused or arising.
4. [Drawings] means all relevant project information and where applicable shall include existing and proposed floor plans, elevations, sections, and specifications.
5. [Working Day] is understood to be the days of the week from Monday to Friday unless declared a public holiday or Bank Holiday by the UK government.
6. [Order] means the Company has received all relevant Drawings and full payment for the service/services requested.
7. Using Customers drawings, The Company provides a building estimating service for domestic developments and produces an estimate of the likely build costs involved in completing the work.
8. Standard Service: In this service, the Company aims to complete the estimate within 5 [five] Working Days following receipt of the order. At peak times the return time may be longer. The completed estimate will be delivered by email as PDF attachments.
9. The Price shall be that on the Company’s current price list, any price variation quoted in any agreement will be the Company price ruling at the date thereof.
10. The Company reserves the right to amend its price lists at any time without prior notice.
11. The Customer shall make all payments to the Company in pounds sterling.
12. The basic date of supply shall be the date the payment was received by the Company. The actual tax point of sale shall be the date when the Service was completed. If for any reason the Customer cancels the order between these dates the Company reserves the right to charge the Customer the full order price if any part of the estimate has been processed.
13. The Company operates a paperless policy and therefore does not accept paper service requests received by hand or by post. All requests must be submitted electronically by email.
14. Documents received by email: Service requests received after 16:00 (4:00 PM) may not be processed until the following day.
15. The Company may need certain information from the Customer so that it can supply the services. The Company will contact the Customer to ask for this information. If the Customer does not give the Company this information within a reasonable time of the Company asking for it, or if the Customer gives incomplete or incorrect information, the Company may make an additional charge of a reasonable sum to compensate it for any extra work that is required as a result. The Company will not be responsible for supplying the services late or not supplying any part of them if this is caused by the Customer not giving it the information it needs within a reasonable time of us asking for it.
16. The Customer acknowledges that any statement or representation made or given on The Company’s behalf, any estimate of quantities needed, advice as to the suitability of any goods for a particular purpose, and any plan or measurement given by the Company is given for guidance only and without liability.
17. Any typographical error or clerical omission in any sales literature, estimate, price list, or other document issued by the Company may be corrected without any liability.
18. Third Parties: Any information or data given in confidence, which may be exchanged by The Company and the customer insofar as it is not demonstrably public knowledge shall not be divulged to any third party and may only be used for the purposes of providing the service and not in any other connection whatsoever.
19. Notices: All notices to be given under the contract shall be given by email to sales@xrdnano.com. Delivery is deemed to have been effected at the point of dispatch. The Company accepts no liability for delay or non-delivery.
20. Force Majeure: The Company shall be entitled to cancel the contract or reduce the volume of service to be provided if it is prevented from providing the service through any circumstances beyond its control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, and will not be liable for any loss or damage incurred whatsoever arising therefrom.
21. Termination: Without prejudice to any other remedies The Company may have against the Customer the Company may terminate the contract on notice to the Customer, upon the Customer becomes bankrupt or insolvent, or upon a resolution to wind up the Customer being passed or a receiver, administrative receiver or administrator being appointed.
22. Improvements and Modifications: The Company may make such improvements and modifications, as it deems necessary to the service without notice to the Customer from time to time.
23. Delays: If the Company’s supply of the services is delayed by an event outside the Company’s control then the Company will contact the Customer as soon as possible to let the Customer know and the Company will take steps to minimize the effect of the delay. Provided the Company does this it will not be liable for delays caused by the event.
24. Entire Agreement: Each Contract (together with any documents referred to therein) shall constitute the entire agreement and understanding between the parties in connection with its subject matter and supersedes and terminates all prior agreements, undertakings, and arrangements (both written and oral) between the parties relating to the subject matter of that Contract.
25. Third Party Rights: It is not the intention of The Company that any third party should have the benefit of a contractual relationship between The Company and the Customer.
26. Limitation of Liability: To the full extent allowed by Law, The Company excludes itself and its Merchant associates of any liability, whether based on contract or tort (including negligence), for incidental, consequential, indirect, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business, loss of information or data, or other financial loss arising out of or in connection with the sale, use, performance, failure or interpretation of its service, even if the Company or its Merchant associates has been advised of the possibility of such damages, and limits its liability to a full refund of the purchase price paid, at the Company’s option.
27. Law and Jurisdiction: These conditions are being governed by, and construed in accordance with English law any proceedings brought by either party will initially be referred to arbitration, and only in the circumstances where arbitration was to fail would proceedings then be issued in the Court in London.
28. Assignment: The customer shall not assign the contract or any part thereof, without prior written consent of the Company.
39. Contact Us: You can contact the Company by telephone +44 1223 827877 or Email: sales@xrdnano.com
