All orders are accepted on the terms, conditions and exclusions herein contained. These terms, conditions and exclusions (either taken as a whole or in any part or individually) shall not be varied, nor shall their application to any order be excluded or limited in any way whatsoever, except as agreed by us in writing, all special requirements with regard to marking, labelling, packing etc., must be agreed in writing. Any additional work will be charged at our standard rates unless such work is included in a Contract. Transactions are made at the discretion of Excel. Clerical errors and omissions are subject to correction without notice. Excel reserves the right to change, delete, add to, or terminate the Terms and Conditions at any time. Terms and Conditions are effective immediately upon their posting to the site. Excel reserves the right to suspend or revoke a user’s right to access the web site if we determine that a user has violated these Terms and Conditions.
- PRICE & CONTENT
- TERMS OF DELIVERY
a) Dates for delivery are given in good faith and as accurately as possible, but are not guaranteed. We shall be under no liability whatsoever for any delay in performance of any order by reason or in consequence of force majeure or of any matter or thing outside our control including but not limited to labour troubles, civil commotion, natural catastrophe, government restriction, shortage of supplies or customer’s instructions or lack of instructions. We shall have the right to despatch any portion of the goods ordered and we shall be entitled to invoice the customer for such despatched portion so that for the purposes of payment each portion shall be deemed to be a separate contract and may be invoiced separately. Should the Buyer notify us of inability to receive or store goods ordered or should the Buyer fail to give us adequate delivery instructions when required or fail to collect goods sold ex-works, the goods will be stored at the Buyer’s risk and expense. We shall be entitled to supply the goods immediately upon receipt of the Buyer’s order or as soon thereafter as we think fit, irrespective of any date which may be specified for delivery thereof.
b) Where the Buyer orders goods for delivery by instalments each delivery shall constitute a separate contract and the Buyer shall not be entitled to refuse to take delivery of or refuse to pay for any instalments on the grounds that a previous instalment was defective or otherwise.
c) Unless we otherwise agree in writing our carriage terms are as quoted on confirmation of order. The cost of delivery of goods below any minimum value we may impose will be charged to the Buyer at our discretion.
- PROPERTY IN GOODS
Until Excel has been paid in full by the Buyer for goods supplied by Excel, such goods remain the property of Excel although the risk therein passes to the Buyer at the time of delivery (subject to the provisions in Clause 3(a) herein relating to storage of goods at the customer’s expense), and the Buyer shall indemnify Excel against any loss or deterioration thereof or damage thereto, and without prejudice to any other remedies, Excel may repossess those goods at any time from the Buyer, and for that purpose Excel, its agents and servants may enter any premises upon which the goods are situated. In the event of the Buyer reselling any goods delivered to it by us before we have been paid in full, such part of the proceeds of such resale as are equivalent to the price at which the goods were invoiced to the Buyer by Excel shall be held by the Buyer on trust for Excel and shall be placed by the Buyer in a separate account so as to be identifiable as being in the beneficial ownership of Excel. Further, the fact that property in the goods remains Excel’s until the price has been paid in full shall not prevent Excel from maintaining an action against the Buyer for the price of the goods.
- NOTIFICATION OF LOSS OF, OR DAMAGE TO, OR NON DELIVERY OF GOODS
Claims for damage to or loss of goods in transit must be submitted in writing both to us and to the carrier (if appropriate) as follows:- a) In the case of non-delivery of the whole of any consignment or of any separate packing forming part of consignment – within 3 days of the date of despatch shown on the invoice or advice note (whichever is the earlier). b) In the case of damage to or partial loss of the goods or shortages from packages – within three days of delivery. The goods received must have been signed for as damaged or incomplete. Failing which we shall not be liable in respect of any such claim and the goods shall be deemed to have been delivered in accordance with the contract complete and in a satisfactory condition. In no case shall Excel’s liability in respect of claims for damage to or loss of goods in transit extend beyond an obligation either to repair or replace free of charge any such goods or (the election to be Excel’s alone) to pay to the Buyer up to the invoice price of the goods in respect of which a claim is made, and in neither event shall Excel be liable for consequential loss, damage or expense howsoever arising.
- GOODS DESPATCHED
Goods despatched may not be returned unless prior agreement has been made by Excel. Where the buyer has incorrectly ordered goods, Excel reserves the right to charge a 15% handling charge to cover clerical and other expenses. All goods must be properly packaged, labelled correctly, and returned to Excel carriage paid. Any damage on returned goods shall be the responsibility of the Buyer. Any carriage charged is non-refundable.
Unless otherwise agreed in writing, payment shall be made at the full invoice value, without any deductions, upon receipt of a pro-forma invoice or by supported credit card at time of ordering. Failure by the Buyer to make punctual payment shall entitle us to suspend any outstanding deliveries, or to cancel the contract so far as it remains unperformed at our option, and without prejudice to our rights to claim for the price of goods already delivered or manufactured at the date of cancellation, and for loss or injury occasioned thereby.
- WARRANTY AND EXCLUSIONS
a) We undertake that the goods delivered to the Buyer will be of the described technical specification and Excel’s duty to the Buyer relating to the quality of the goods delivered shall be limited wholly and exclusively to the duty to deliver goods of the aforesaid quality. Save as aforesaid any warranty or conditions, statutory or otherwise express or implied, whether oral or written as to quality of the goods or their fitness for a particular purpose are excluded and negated. b)The application and use of the goods is the absolute responsibility of the Buyer. Any other advice and information provided by Excel, whether verbally, in writing or by way of trials or tests, is given without warranty and the Buyer shall be deemed to have carried out his own tests to ensure the suitability of the goods for his intended purposes and applications and the Buyer shall be deemed to have placed no reliance on any advice, information or data provided by us. c) The Buyer must give us immediate written notice containing full particulars of any claim that the goods are not of the proper quality to enable us to investigate the complaint before the remainder of the consignment of goods is used or returned to us. We shall not be liable for any defects in quality in the absence of such immediate notification and, in any event, our liability hereunder or in the case of any other breach of contract or misrepresentation shall be strictly limited to the invoice price of the goods proved by the Buyer to be of defective quality or to be such as to cause us to have been in breach of contract or guilty of misrepresentation and shall not extend to consequential loss of any kind howsoever arising. d) Warranty periods and terms shall be limited to those that are offered by the individual manufacturer of the goods.
- CONTRACTS NOT ASSIGNABLE
This Contract is between Excel and the Buyer as principals, and is not assignable without our written consent.
- INDEMNITY AGAINST INFRINGEMENT OF PATENTS AND RIGHTS
The Buyer shall indemnify us against all damages, penalties, costs and expenses to which we may be liable as a result of work done or goods supplied in accordance with the Buyer’s specification which involves the infringement of any letters patent, registered design, intellectual property rights, proprietary process or otherwise.
We do not accept any liability for consequential loss.
- DATA PROTECTION NOTICE
Without limiting the foregoing, Excel provides the information at these web site “as is”, and without any warranties. To the extent permitted by applicable law, Excel disclaims all expressed and implied warranties, including warranties of accuracy, completeness, merchantability, non-infringement of intellectual property or fitness for a particular purpose.In no event will Excel or any other party involved in creating, producing, or delivering or developing the web site be liable for any loss of profits, business, use, or data. They won’t be held liable for any loss of profits, business, use, or any direct, indirect, economic, actual, compensatory, punitive, special, incidental, consequential or other damage of any kind — whether based on contract, negligence or other tort.
Prices quoted are those ruling at the date of despatch or as shown in our current price list, and shall be subject to revision if increases in cost or other circumstances arise. We reserve the right to change our current price list without notice. Prices quoted exclude Value Added Tax, Sales Taxes or any similar Taxes which will be charged additionally to the Buyer at the rate ruling on the date of despatch. Excel may change the materials, product information, and the prices published on the web site at any time without notice and without obligation to update the materials contained on these web pages. From time to time text description(s) may contain data text errors for which there may be a unit of measure, colour, or size change. We at Excel do our best to keep current and correct data posted. We cannot be held responsible should there be a data error; products ordered when there is a data error will either be refunded or exchanged.