1 / DEFINITIONS
Seller –  Xerogrid LTD, 219 Stainbeck Lane, Leeds, West Yorkshire LS7 2PS.
 
Buyer –  The person who buys or agrees to buy the Goods/and or Services from the Seller.
 
Conditions – The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
 
Goods – The items which the Buyer agrees to buy from the Seller as set out in the Order.
 
Price – The price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
 
Order – The Buyer’s order for the supply of Goods and/or Services, as set out [the Buyer’s purchase order form OR overleaf OR the Buyer’s written acceptance of the Seller’s quotation OR in the Buyer’s purchase order form, or the Buyer’s written acceptance of the Seller’s quotation, or overleaf, as the case may be]. 
 
Services – The services supplied by the Seller to the Buyer as set out in the Order. 
2 / APPLICATION - SUPPLYING OF GOODS ON-LINE AND OFF-LINE
General terms and conditions
 
This site is owned and operated by Xerogrid LTD of 219 Stainbeck Lane,Leeds LS72PS  If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@xerogrid.com  or +44(0)7973 829955.
 
2.1. The contract between us
 
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
 
2.2. Acknowledgement of your order
 
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us. 
 
2.3. Ownership of rights
 
All rights, including copyright, in this website are owned by or licensed to Xerogrid LTD . Any use  of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
 
2.4. Accuracy of content
 
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. 
 
2.5. Damage to your computer
 
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
 
2.6. Availability
 
All orders are subject to acceptance and availability. 
Due to the wide range of products and model options available, we supply by special order most of our offerings .If the goods you have ordered are not available from stock, advise as accurately as possible lead times . Should this change we  will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order. 
 
2.7. Ordering errors
 
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process. For orders placed directly with us , you will need to inform us in writing of any changes. We reserve the option to charge a handling fee for special order items cancelled by the buyer. 
 
2.8. Price
 
The prices payable for goods that you order are as set out on our website. All prices are exclusive  of VAT at the current rates and are correct at the time of entering information. 
 
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
 
2.9. Payment terms
 
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
 
2.10. Delivery charges
 
Delivery charges vary according to the type  and value of goods ordered, as well as the buyer / seller responsibility , as set out in 2.11 below  
 
2.11. Delivery
Our delivery charges are set out in our website. Xerogrid  uses multiple couriers options though the World Options broker service  to offer you the most appropriate delivery solution. Optional value based insurance is available, at the buyers expense, subject to the terms and conditions of the individual couriers employed by the buyer via our website, and are the buyers responsibility for the shipments suitability . 
 Xerogrid will administer any claim for loss or damage, via World Options at no cost to the buyer on the buyers behalf , but accept no financial responsibility whatsoever for any losses or damage  due to or by any courier chosen  or offered on order unless deemed inappropriately packed or labelled different to that supplied by the buyer. 
There are options to insure the goods in transit at your further expense when ordering. 
 
You will be required to pay extra for delivery to remote locations such as Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles or other remote areas.  Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland Large or bulky / fragile items such as single solar panels it might not be possible for us to deliver to some locations.  
We offer an international shipping service worldwide outside of the E Commerce UK based environment offered on the website. Prices are subject to individual locations and local conditions. We offer a full, chargeable freight forwarding service IN HOUSE for large, commercial expert orders. Prices and condition on application. 
 
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
 
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. 
 
2.12. Risk and ownership
 
Risk of damage to or loss of the goods passes to you at the time of despatch / hand over to the courier you have chosen / been offered  and accepted. 
Options on insurance for loss and damage have all ready been offered ( See above ) 
Couriers Terms and conditions are available on the chosen couriers websites . 
 
2.13. Cancellation rights
 
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar  days after the day on which you receive your goods (with the exception of goods mentioned in 13.3 below). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. 
 
Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.
 
You cannot cancel your contract if the goods you have ordered are made to your specifications or are clearly personalised, if it’s newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
 
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
 
Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
 
We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation). 
 
2.13. Cancellation by us
We reserve the right not to process your order if:
 
The given lead time is too long for your special ordered items , or the supplier can not give an accurate lead time for a special order or a custom build such as a wind turbine or complete system. 
 
We do not deliver to your area; or can not arrange delivery to your area 
 
One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
 
If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 21 days. 
3 / IF THERE IS A PROBLEM WITH THE GOODS
3.1  If you have any questions or complaints about the goods please contact us.  You can do so at info@xerogrid.com 
 
3.2  We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
 
3.3  f you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.
 
3.4  WARRANTY 
 
The Seller warrants that for a period of 1 month commencing on the earlier of either the date of delivery of the Goods, or the commencement of the Services (Warranty Period), the Goods and/or Services shall:
 
conform with their description; be of satisfactory quality with the meaning of the Sale of Goods Act 1979;5 be fit for any purpose AS DESCRIBED BY THE MANUFACTURER SPECIFICATIONS 
 
be carried out in accordance with the Supply of Goods and Services Act 1982.
 
In the event of a warranty claim due to component failure with in the manufacturers stated warranty period and conditions , Xerogrid will administer the claim with the manufacturer ON A RETURN TO SUPPLIER OR MANUFACTURER BASIS ONLY.
 
Xerogrid will NOT be liable for any expenses arising from the return of goods to supplier or manufacturer.
 
Xerogrid WILL NOT be liable for any expenses incurred, due to inconvenience, lack of usage, consequential loss,  damage, or any other condition resulting in failure of the component what so ever.
4 / SPECIFICATIONS AND PERFRORMANCE
Renewable energy equipment , by its very nature relies on a variable source(s)  of energy.
 
It must be fully understood that performance is variable and dependent on other items in the systems.
 
Specifications of goods sold are as per the manufacturers specification sheets .
Xerogrid bears no responsibility for the accuracy of such, or the performance of such materials  installed by the buyer.
 
It is the responsibility  of the buyer of the suitability of the equipment. We offer advice based on our experience and manufacturers specifications, but accept no responsibility for performance. 
5 / LIABILITY
5.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date we have stated and decide to cancel the order rather than re-arrange delivery , we will provide you with a full refund. 
 
5.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
 
5.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
 
5.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
 
5.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
6 / NOTICES
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address and all notices from us to you will be displayed on our website from time to time.
 
6.1. Changes to legal notices
 
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
7 / LAW, JURASDICTION & LANGUAGE

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

8 / INVALIDITY

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

9 / HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy

10 / EXCLUSION OF THIRD PART Y RIGHTS

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

11 / FORCE MAJEURE

Neither party shall be liable to the other in any way for any loss or damage arising directly or indirectly through or in consequence of performance being prevented or delayed by happenings or occurrences due to or by reason of any matters or things beyond the control of the respective parties.

If the Force Majeure Event prevents the Seller from providing any of the Services and/or Goods for more than 12 weeks, the Seller shall, without limiting its other rights or remedies, have the right  to terminate this Contract immediately by giving written notice to the Buyer.