X-SYSTEMS, TERMS AND CONDITIONS (“AGREEMENT”)

 

ALL TRANSACTIONS WITH X-SYSTEMS ARE GOVERNED BY THE POLICIES, TERMS AND CONDITIONS SET FORTH BELLOW IN THESE TERMS & CONDITIONS (“AGREEMENT”). PLEASE READ THIS AGREEMENT CAREFULLY. YOUR REGISTRATION INDICATES YOUR ACCEPTANCE OF THESE POLICIES, TERMS AND CONDITIONS. X-SYSTEMS  MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON OUR SITE. EXCEPT AS STATED BELLOW, AMENDED TERMS WILL BECOME EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED ON OUR SITE.

  1. SERVICES. X-SYSTEMS SELLS WIRELESS PHONES AND SMARTHONES, NAVIGATION- SOS AND TRACKING SYSTEMS, TABLETS, ACCESSORIES, DATA PRODUCTS AND PARTS (“PRODUCTS”), AND SERVICES ASSOCIATED WITH THE WIRELESS INDUSTRY. X-SYSTEMS RESERVES THE RIGHT TO AMEND, CANCEL OR ALTER THESE SERVICES AT X-SYSTEMS’S SOLE DISCRETION.
  2. ENVIRONMENTAL. BOTH PARTIES EXPLICITLY AGREE (I) TO COMPLY WITH ALL LOCAL, STATE, INTERNATIONAL AND FEDERAL ENVIRONMENTAL REGULATIONS AND GUIDELINES, THAT PRODUCTS RECEIVED FROM X-SYSTEMS (I.E. SCRAP HANDSETS, BATTERIES, ACCESSORIES, AND/OR COMPONENTS) WILL UNDER NO CIRCUMSTANCES BE SENT TO A LANDFILL, THAT ENDOF-LIFE (I.E. SCRAP HANDSETS, BATTERIES, ACCESSORIES, OR COMPONENTS) WILL BE SEND TO A QUALIFIED RECYCLER LOCATED IN AN ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT (OECD) MEMBER COUNTRY, AND TO CONTACT X-SYSTEMS FOR GUIDANCE IN MEETING X-SYSTEMS’S ENVIRONMENTAL TERMS AND CONDITIONS, INCLUDING RECYCLING SOLUTIONS FOR END OF LIFE PRODUCT MANAGEMENT, AS NEEDED.
  3. SHIPPING. X-SYSTEMS AGREES TO SHIP ORDERS WITHIN THE AGREED UPON TIME OF THE ORDER AND AFTER RECEIPT OF THE UNDISPUTED FUNDS FROM YOU. YOU ARE RESPONSIBLE FOR ALL REASONABLE SHIPPING CHARGES INCLUDING FREIGHT, HANDLING, IMPORT TAXES, DUTIES AND OTHER SIMILAR CHARGES. ALL PRODUCTS ARE SHIPPED DIRECTLY BY X-SYSTEMS UNLESS OTHERWISE STATED. IF YOU DESIRE INSPECTION PRIOR TO SHIPPING, IT IS YOUR RESPONSIBILITY TO COORDINATE WITH X-SYSTEMS. DELIVERY IS FOB SHIPPING POINT. AT THE CUSTOMER’S REQUEST, X-SYSTEMS WILL USE OUR APPROVED FREIGHT CARRIER, COVER UP FRONT FREIGHT COSTS AND ADD THE COSTS TO THE CUSTOMER INVOICE.
  4. PAYMENT METHODS. X-SYSTEMS STANDARD TERMS ARE WIRE TRANSFER IN ADVANCE AND INVOICING WILL INCLUDE WIRE TRANSFER FEES OF THE ORIGINAL BANK. CUSTOMERS WITH SATISFACTORY AUDITED FINANCIALS OR AN EXEMPLARY PAYMENT HISTORY WITH X-SYSTEMS MAY INQUIRE COD OR OPEN CREDIT TERMS. FOR PURCHASING CONVENIENCE, DOMESTIC CREDIT CARDS ARE ALSO ACCEPTED AND INVOICING WILL INCLUDE A SURCHARGE TO COVER TRANSACTION FEES. FOR WIRE TRANSFER AND CREDIT CARD ORDERS, ALL APPLICABLE FUNDS MUST POST TO X-SYSTEMS’S BANK ACCOUNT IN THE STIPULATED TIME FRAME, X-SYSTEMS RETAINS THE RIGHT TO SELL OR REMARKET THE PRODUCT AT OUR SOLE DISCRETION.
  5. TAXES. ANY SALES TAX, TRANSFER TAX, OR ANY OTHER TAX OR FEE WHICH MAY BE ASSESSED BY ANY JURISDICTION HAVING TAXING AUTHORITY OVER ANY TRANSACTION CONDUCTED WITH X-SYSTEMS WILL BE THE RESPONSIBILITY OF THE BUYER. X-SYSTEMS IS NOT RESPONSIBLE FOR THE CALCULATION OF ANY TAXES OR THE REPORTING OR REMITTANCE OF ANY TAXES TO ANY TAXING AUTHORITY OTHER THAN THE NETHERLANDS.
  6. WARRANTY. X-SYSTEMS OFFERS A WARRANTY ON NEW, TESTED AND REFURBISHED PRODUCTS AS STIPULATED ON THE WEBSITE, AND UNLESS EXPLICITLY STATED OTHERWISE, FOR APPLICABLE PRODUCTS (I) SOLD TO ORIGINAL CUSTOMERS ONLY, AND (II) IF THE REQUEST FOR WARRANTY IS RECEIVED WITHIN THE CORRESPONDING NUMBER OF STIPULATED CALENDAR DAYS FROM THE DATE OF ORIGINAL INVOICE. FOR WARRANTY APPLICABLE RETURNS, IF EXCHANGE OR REPAIR IS NOT AVAILABLE, CREDIT WILL BE ISSUED TO YOUR ACCOUNT FOR FUTURE PURCHASES. ANY MISSING PRODUCT OR PRODUCT WHICH HAS BEEN PHYSICALLY PROCESSED IN ANY WAY BEYOND THE ORIGINALLY SHIPPED CONDITION MAY RESULT IN A DECREASE OR FULL FORFEITURE IN REPLACEMENT VALUE. X-SYSTEMS DOES NOT WARRANTY USED, AS-IS, PRODUCTION FALLOUT, OR REPAIR STOCK CONDITIONS.
  7. RETURNS. PLEASE CONTACT X-SYSTEMS CUSTOMER SERVICE PER INSTRUCTION ON OUR COMMERCE SITE FOR RETURN REQUESTS. REQUESTS MUST BE PLACED PRIOR TO RETURN SHIPMENT, INCLUDE A LIST OF THE ELECTRONIC SERIAL NUMBERS, AND A DESCRIPTION OF THE DEFECT EXPERIENCED. ONCE THE WARRANTY REQUEST IS RECEIVED, A RETURN NUMBER WILL BE ISSUED FOR ALL WARRANTY APPLICABLE PRODUCT. EQUIPMENT SENT INTO X-SYSTEMS WITHOUT A RETURN NUMBER WILL BE REFUSED TO THE SENDER AT THEIR COSTS.

 

RETURN POLICY

IF YOUR GOODS ARRIVE IN A DAMAGED STATE, EMAIL: INFO@XSYSTEMS.COM  WITH YOUR ORDER NUMBER AND A BRIEF EXPLANATION OF THE SITUATION. CLAIMS FOR DAMAGE, DELIVERY DISCREPANCY ETC. SHOULD BE MADE WITHIN 48 HOURS OF DELIVERY – CLAIMS WILL NOT BE ACCEPTED AFTER THIS TIME.

IF THE GOODS ARE NOT DEFECTIVE AND YOU WISH TO RETURN THEM YOU HAVE7 DAYS FROM WHEN THE PACKAGE ARRIVES TO RETURN THE GOODS. ALL RETURNED MERCHANDISE MUST BE IN COMPLETE ORIGINAL MANUFACTURER’S PACKAGING, SAME CONDITION AS SOLD, WITH ALL LITERATURE, ACCESSORIES, INSTRUCTIONS, BLANK WARRANTY CARDS AND DOCUMENTATION. ALL PHONES MUST BE RETURNED IN “LIKE-NEW CONDITION”, SHOW NO SIGNS OF USE AND MUST HAVE LESS THAN 10 MINUTES IN TOTAL CUMULATIVE TALK TIME.

FOR AFTER SALES ENQUIRIES, CONTACT THE X-SYSTEMS CUSTOMER RELATIONSHIP SUPPORT CENTRE. A PROFESSIONAL TEAM OF EXPERTS WILL HELP YOU WITH ALL QUESTIONS REGARDING YOUR EXCELLENT OFF-ROAD ENGINEERED DEVICE.  THE INQUIRIES MAY BE MONITORED AND RECORDED FOR TRAINING, QUALITY ASSURANCE OR LEGAL PURPOSES. FOR GENERAL QUESTIONS OR PRODUCT EXPLANATIONS WE ADVISE YOU TO FIRST CHECK WITH THE PLACE OF PURCHASE FOR THEIR ASSISTANCE OR CHECK OUR SUPPORT PAGE WITH THE FREQUENT ASKED QUESTIONS.

IF YOU ARE NOT SATISFIED WITH YOUR PURCHASE, PLEASE CONTACT OUR CUSTOMER RELATIONSHIP SUPPORT CENTRE. WITHIN 7 DAYS OF RECEIPT OF PRODUCT THE CUSTOMER CAN EXCHANGE THE PRODUCT AGAINS A OTHER X-SYSTEMS PRODUCT. PRODUCTS THAT HAS BEEN SCRATCHED, DROPPED, ALTERATION, MISUSE, ABUSED OR HAS A TALK TIME ABOVE TEN MINUTES MAY NOT BE RETURNED UNDER ANY CIRCUMSTANCES. FOR ALL OTHER PRODUCTS; IF THE ITEM IS RETURNED IN THE ORIGINAL PACKAGING AND IN THE NEW UNTOUCHED STATUS WE WILL EXCHANGE IT OR AN OTHER X-SYSTEMS PRODUCT. ALL COSTS FOR THE RETURN ARE ON BEHALF OF THE RETURNSENDER.

AFTER CONTACT WITH OUR CUSTOMER RELATIONSHIP SUPPORT CENTRE THE PRODUCT MUST BE RETURNED TO US WITHIN 7 WORKING DAYS FOR THE ISSUANCE OF THE RETURN & EXCHANGE. YOUR PURCHASED X-SYSTEMS PRODUCT MUST FIRST BE IN OUR WAREHOUSE AND WILL BE SUBJECTED TO A INSPECTION BEFORE WE WILL SEND THE OTHER X-SYSTEMS PRODUCT. YOU AND OUR TEAM WILL KEEP CONTACT DURING THE PROCESS AND WILL EXPLAIN MORE DETAILS IF NECESSARY. ALL PRODUCTS MUST BE PACKED IN THE ORIGINAL, UNMARKED PACKAGING INCLUDING ANY ACCESSORIES, MANUALS AND THE DOCUMENTATION THAT WAS INCLUDED WITH THE PRODUCT. RETURNS THAT DO NOT MEET THESE CONDITIONS MAY BE REJECTED OR SUBJECT TO A RESTOCKING FEE. TRANSPORT OR LOGISTIC COST MAY APPLY OF THE RETURN & REPLACE PROCESS.

IF AN ITEM IS DEFECTIVE IT MAY ONLY BE EXCHANGED WITH AN EQUIVALENT PRODUCT IF WE ARE UNABLE TO SUPPLY THE SAME ITEM OR IF THE ITEM CANNOT BE REPAIRED. ANY RETURN SHIPPING COST IS THE RESPONSIBILITY OF THE CUSTOMER. ALL SHIPPING AND HANDLING FEES ARE NON-REFUNDABLE. THIS INCLUDES ALL REFUSED AND UNACCEPTED PACKAGES WHICH ARE ALSO SUBJECT TO A TWENTY FIVE EURO  € 25,00 HANDLING FEE.

ALL NON-DEFECTIVE “LIKE-NEW CONDITION” CELL PHONE ,NAVIGATION-TRACKING SYSTEM, TABLET,  OR ANY OTHER PRODUCT OF X-SYSTEMS RETURNS MIGHT AND/OR WILL BE SUBJECT TO A TWENTY PERCENT 20% RESTOCKING FEE.

IF GOODS ARE NOT IN “LIKE-NEW CONDITION” OR ARE MISSING PACKAGING OR DOCUMENTATION, WE MAY EITHER REFUSE THE RETURN OR CHARGE A RESTOCKING FEE FROM TWENTY FIVE PERCENT 25% TO FIFTY PERCENT 50% DEPENDING ON THE CONDITION OF THE RETURNED ITEMS.

ALL RETURNS MUST BE  ANNOUNCED  BY AN X SYSTEM RETURN NUMBER. TO OBTAIN AN X-SYSTEMS RETURN NUMBER, PLEASE SEND AN E-MAIL TO: SUPPORT@X-SYSTEMS.COM

BE SURE TO INCLUDE IN YOUR EMAIL THE FOLLOWING INFORMATION:

NO RETURNS, REFUNDS OR EXCHANGES WILL BE PROCESSED WITHOUT A RETURN NUMBER.

 

WARRANTY DISCLAIMER. WE PROVIDE OUR SERVICES AT THE COMMERCE SITE “AS-IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE COMMERCE SITE, OUR SERVICES OR ANY PRODUCTS YOU MAY PURCHASE FROM X-SYSTEMS. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES OR THE COMMERCE SITE. THE OPERATION OF THE COMMERCE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. WE ARE NOT RESPONSIBLE FOR BIDS THAT ARE NOT PROCESSED OR ARE NOT ACCEPTED OR FOR OUTAGES THAT MAY OCCUR FROM TIME TO TIME.

  1. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR LOSS PROFITS, LOSS OR USE, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, USE OF THE COMMERCE SITE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF EXPRESSLY MADE AWARE OF THE POSSIBILITY THEREOF. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE (WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF THIS CONTRACT OR OTHERWISE. AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY) IS LIMITED TO THE AMOUNT OF FEES WE RECEIVE FOR THE TRANSACTION GIVING RISE TO LIABILITY.
  2. COPYRIGHT AND TRADEMARK NOTICE. THE SITE IS OWNED AND OPERATED BY X-SYSTEMS. UNLESS OTHERWISE SPECIFIED, MATERIALS APPEARING ON THE COMMERCE SITE, INCLUDING THE TEXT, SITE DESIGN, LOGOS, GRAPHICS, ICONS, AND IMAGES, AS WELL AS THE SELECTION, ASSEMBLY AND ARRANGEMENTS THEREOF, ARE THE SOLE PROPERTY OF X-SYSTEMS. ALL SOFTWARE USED ON THE COMMERCE SITE IS THE SOLE PROPERTY OF X-SYSTEMS OR VENDORS SUPPLYING THE SOFTWARE. YOU MAY USE THE CONTENT OF THE COMMERCE SITE ONLY FOR THE PURPOSE OF VIEWING AND BIDDING/ BUYING THE AVAILABLE PRODUCTS. NO MATERIALS FROM THIS COMMERCE SITE MAY BE COPIED, REPRODUCE, MODIFIED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY FORM OR BY ANY MEANS WITHOUT OUR PRIOR WRITTEN PERMISSION. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. ANY UNAUTHORIZED USE OF THE MATERIALS APPEARING ON THIS COMMERCE SITE MAY VIOLATE COPYRIGHT, TRADEMARK AND OTHER APPLICABLE LAWS AND COULD RESULT IN CRIMINAL OR CIVIL PENALTIES. ALL TRADEMARKS OR SERVICE MARKS ARE PROPERTY OF THEIR RESPECTIVE OWNERS. THE USE OF ANY TRADEMARK OR SERVICE MARK WITHOUT THE EXPRESS WRITTEN CONSENT OF THE RESPECTIVE OWNER IS STRICTLY PROHIBITED.
  3. YOUR INFORMATION. FOR PURPOSE OF THIS AGREEMENT, “YOUR INFORMATION” MEANS ANY INFORMATION YOU PROVIDE TO US OR OTHER USERS IN THE REGISTRATION PROCESS, OR IN ANY CORRESPONDENCE, EMAIL OR OTHERWISE. YOU ARE SOLELY RESPONSIBLE FOR “YOUR INFORMATION”. WE ACT AS A PASSIVE CONDUIT FOR YOUR ONLINE PUBLICATION ON “YOUR INFORMATION” PROVIDED TO US. WE MAY TAKE ANY ACTION WITH RESPECT TO SUCH INFORMATION WE DEEM NECESSARY OR APPROPRIATE IN OUR SOLE DISCRETION IF WE BELIEVE IT MAY CREATE LIABILITY FOR US OR MAY CAUSE US TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF OUR ISPS OR OTHER SUPPLIERS. YOU REPRESENT AND WARRANT THAT “YOUR INFORMATION”: (A) WILL NOT BE FALSE, INACCURATE OF MISLEADING; (B) WILL NOT BE FRAUDULENT; (C) WILL NOT INFRINGE (E) WILL NOT BE OBSCENE OR LEWD; AND (F) WILL NOT CONTAIN ANY VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCEL BOTS OR OTHER COMPUTER PROGRAMMING ROUTINES THAT ARE INTENDED TO DAMAGES, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE WILL ONLY USE “YOUR INFORMATION” IN ACCORDANCE WITH OUR PRIVACY POLICY.
  4. LINKS. THE SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT X-SYSTEMS IS NOT RESPONSIBLE FOR THE OPERATION OF OR CONTENT LOCATED ON OR THROUGH ANY SUCH SITE.
  5. LEGAL COMPLIANCE. BOTH PARTIES AGREE TO COMPLY WITH ALL APPLICABLE LAWS, STATUES, ORDINANCES AND REGULATION REGARDING THE USE OF OUR SERVICE AND PURCHASE OF ITEMS.
  6. INDEPENDENT CONTRACTOR STATUS. THIS AGREEMENT AND YOUR BUSINESS IN NO WAY CONSTITUTE OR GIVE RISE TO A PARTNERSHIP, JOINT VENTURE OR OTHER RELATIONSHIP BETWEEN PARTIES. BOTH PARTIES WILL OPERATE UNDER THE TERMS OF THIS AGREEMENT AS AN INDEPENDENT CONTRACTOR AND NOT AS AN AGENT FOR THE OTHER.
  7. APPLICABLE LAW AND DISPUTE.
    1. ALL CONTRACTS AND THESE TERMS AND CONDITIONS ARE GOVERNED BY DUTCH LAW.
    2. ANY DISPUTES BETWEEN THE PARTIES RELATING TO THE IMPLEMENTATION OF THE AGREEMENT AND / OR THE INTERPRETATION OF THESE TERMS AND CONDITIONS OR THE AGREEMENT, SHALL BE SUBMITTED TO THE COMPETENT JUDGE OF THE COURT OF ‘S-HERTOGENBOSCH, UNLESS X-SYSTEMS CHOOSES THE MATTER TO THE COURT OF THE DOMICILE OF THE PURCHASER OR ANY OTHER UNDER THE LAW RELATIVELY COMPETENT COURT.
  8. GENERAL. THIS AGREEMENT WILL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE NETHERLANDS AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN DUTCH RESIDENTS. YOU MAY NOT SALE, TRANSFER OR ASSIGN ANY RIGHTS OR OBLIGATIONS YOU MAY HAVE UNDER THIS AGREEMENT. IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION WILL BE STRUCK AND THE REMAINING PROVISIONS WILL BE ENFORCED. HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND ARE NOT TO BE USED IN THE CONSTRUCTION OR INTERPRETATION OF THIS TERMS AND CONDITIONS.

 

 

BUSINESS PARTNERS

 

  1. PAYMENT
  2. ALL SUMS OWED BY THE BUYER TO X-SYSTEMS, – WITHOUT SUSPENSION, REDUCTION OR SET-OFF – SHOULD BE MADE IN ADVANCE AFTER RECEIPT OF THE INVOICE. FAILING WHICH THE PURCHASER IS LEGALLY WITHOUT FURTHER NOTICE, IS IN DEFAULT AND CONSEQUENTLY X-SYSTEMS THE AMOUNT OWED STATUTORY INTEREST AND (EXTRA) JUDICIAL COSTS IS DUE.

2.COMPLAINTS REGARDING INVOICES MUST BE SUBMITTED AT X-SYSTEMS INCLUDE GIVING REASONS IN WRITING, WITHIN SEVEN (7) DAYS AFTER THE INVOICE DATE, BY FAILING THIS THE RIGHTS OF THE PURCHASER WILL EXPIRE. FILING A COMPLAINT DOES NOT SUSPEND THE LIABILITY OF THE PURCHASER.

3.BEFORE OR DURING THE EXECUTION OF THE DELIVERY OF THE PRODUCTS X-SYSTEMS IS AT ALL TIMES ENTITLED TO DEMAND TO CHARGE ADVANCES AND / OR SECURITY FOR THE PAYMENT OF ITS CLAIMS TO SUSPEND THE FULFILLMENT OF ITS OBLIGATIONS (INCLUDING EXTENSION OF THE INDICATIVE DELIVERY) UNTIL THE BUYER HAS THE ADVANCES THUS CHARGED FULFILLED RESPECTIVELY, PROVIDED THE REQUESTED QUARANTEE.

4.IF THE BUYER FAILS TO PAY IN ADVANCE OR GIVE RESPECTIVELY COLLATERALISATION X-SYSTEMS HAS THE RIGHT TO TERMINATE THE AGREEMENT IN RESPECT OF THE SUPPLY OF PRODUCTS. ALL FINANCIAL DAMAGES RESULTING FROM THE SUSPENSION AND / OR TERMINATION MUST BE PAID BY THE BUYER TO X-SYSTEMS.

 

18 FORCE MAJEURE
1. IF, – AFTER THE COMPLETION OF THE  AGREEMENT-,  CIRCUMSTANCES ARISE OR BECOME KNOWN WHICH X-SYSTEMS  DID NOT KNOW AT THE BEGINNING OF THE AGREEMENT, NOR SHOULD HAVE KNOWN, AS A RESULT OF WHICH X-SYSTEMS TO ITS OBLIGATIONS TO THE BUYER OR FAILURE TO COMPLY ON TIME DUE TO A CAUSE BEYOND THE INFLUENCE OF X-SYSTEMS  (INCLUDING STRIKES , NATURAL DISASTERS, ACTS OF WAR) WILL BE NO FAILURE IN X-SYSTEMS.
2. IF DELIVERY DUE TO FORCE MAJEURE IS NOT PERMANENTLY IMPOSSIBLE, BUT CAN NOT TAKE PLACE WITHIN A PERIOD OF THREE (3) MONTHS AFTER THE AGREED DELIVERY DATE, BOTH PARTIES ARE ENTITLED TO TERMINATE THE AGREEMENT BY WRITTEN NOTICE THEREOF TO THE OTHER PARTY WITHOUT ONE PARTY TO THE OTHER PARTY CLAIM FOR DAMAGES.
3. IF X-SYSTEMS HAS ALREADY PARTIALLY FULFILLED ITS OBLIGATIONS TO THE OCCURRENCE OF FORCE MAJEURE, OR CAN ONLY PARTIALLY FULFILL ITS OBLIGATIONS, IT IS ENTITLED THE SUPPLIED CASE MAY DELIVER TO INVOICE PART SEPARATELY AND THE BUYER IS OBLIGED TO PAY THIS INVOICE AS IT WERE A SEPARATE AGREEMENT.

 

X-SYSTEMS  IS FURTHERMORE NOT LIABLE FOR PROFITS, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING: LOSS, DELAY DAMAGES (OTHER THAN STATUTORY INTEREST), DAMAGES FOR LOSS OF VALUE, LOSS OF ENJOYMENT, LOSS OF PROFITS OR LOSSES.

 

  1. LIABILITY
  2. IN ALL CASES THE LIABILITY OF LANDFIGHTER IS LIMITED TO A MAXIMUM OF THE INVOICE VALUE OF THE PRODUCT ON WHICH THE DAMAGE WAS CAUSED.2. IF THE RESELLER BECOMES AWARE THAT A PRODUCT CAUSES AN INCIDENT THAT LEADS OR MAY LEAD TO PRODUCT LIABILITY, THE RESELLER OF X-SYSTEMS SHOULD POSTS THIS NO LATER THAN THE FIRST WORKING DAY AFTER HE GETS THIS KNOWLEDGE, MESSAGES, BY WRITTEN FAX OR E-MAIL UNDER SO ACCURATE INDICATION OF THE TYPE OF PRODUCT, THE INCIDENT, THE CIRCUMSTANCES UNDER WHICH IT OCCURRED AND THE DAMAGES RESULTING.

3.IF THE RESELLER FAILS TO TIMELY VOID HIS RIGHT TO COMPENSATION AND X-SYSTEMS IS ENTITLED TO HER DAMAGES RESULTING FROM CLAIMS OF THIRD PARTIES (CUSTOMERS OR END USERS) ON THE RESELLER TO RECOVER IF AND INSOFAR AS THE DAMAGE IS HIGHER BECAUSE THE RESELLER DOES NOT OR HAS NOT COMPLIED WITH THOSE OBLIGATIONS ON TIME.

  1. IF THE RESELLER FAILS TO TIMELY AND THERE ARISES A RENEWED OCCURRENCE REFERRED WITH A SIMILAR PRODUCT, INDEMNIFY RESELLER X-SYSTEMS AGAINST THIRD PARTY CLAIMS.
  2. WITHOUT PREJUDICE TO THE PROVISIONS OF ALL ABOVE NAMED ARTICLES OF THESE CONDITIONS ON COMPLAINTS, ANY CLAIM FOR DAMAGES, OR OTHERWISE, X-SYSTEMS ACCEPTS NO LIABILITY WHATSOEVER.

 

  1. WARRANTY
  2. ON ALL PRODUCTS SUPPLIED BY X-SYSTEMS ARE THE WARRANTY CONDITIONS APPLIED.
    2. X-SYSTEMS GUARANTEES THAT THE DELIVERED PRODUCTS ARE FREE FROM DEFECTS IN ASSEMBLY, MATERIAL OR CONSTRUCTION.
    3. UNLESS OTHERWISE AGREED, (ALLEGEDLY) FOR FAULTY PRODUCTS OFFERED BY BUYER TO X-SYSTEMS TO SUBMISSION OF THE WARRANTY. IF THE WARRANTY CLAIM OF THE CUSTOMER SATISFIES THE WARRANTY, THEN X-SYSTEMS CARRIES HIS OWN EXPENSE ARRANGE FOR REPLACEMENT OF THE (DEFECTIVE) PRODUCT OR REPAIR.
    4. IF AND INSOFAR AS THE RESELLER (RE)SOLD A PRODUCT TO A CUSTOMER, THE RESELLER TAKES CARE FOR THE HANDLING AND THE CARE OF INVOKED GUARANTEES OF THE CUSTOMER
    5. IF THE CUSTOMER AT THE RESELLER CLAIMING THE GUARANTEE, THEN
    (I) ASSESS THE RESELLER OWN ACCOUNT WHETHER THERE IS A CLAIM COVERED BY THE WARRANTY, AND
    (II) IF THE WARRANTY CLAIM IS RIGHTLY INVOKED, THEN REPAIR OR REPLACE THE RESELLER MATERIALS THAT CAUSE THE DEFECT OR CAUSED, PROVIDED THE RESELLER TO X-SYSTEMS THE EXECUTION OF THE WORK A STATEMENT HAS PREVIOUSLY BEEN SUPPLIED TO THE NATURE ANTICIPATED AND IS SCOPE OF THE WORK AND THIS ASSIGNMENT APPROVED BY X-SYSTEMS.
    6. IF AND INSOFAR AS THE RESELLER IS UNABLE TO REPAIR THE DEFECT I X-SYSTEMS IS RESPONSIBLE FOR REPAIR OR REPLACEMENT OF THE (DEFECTIVE) PRODUCT AFTER THE RETURN OF THE PRODUCT FOR THE ACCOUNT AND RISK OF THE RESELLER.
    7. THE COST OF REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT BY RESELLER – INCLUDING MATERIAL COSTS BUT EXCLUDING LABOR COSTS – BORNE BY X-SYSTEMS, IF APPROVED IN WRITING IN ADVANCE BY X-SYSTEMS.
  3. FOR AFTER SALES ENQUIRIES, CONTACT THE X-SYSTEMS CUSTOMER RELATIONSHIP SUPPORT CENTRE. A PROFESSIONAL TEAM OF EXPERTS WILL HELP YOU WITH ALL QUESTIONS REGARDING YOUR EXCELLENT OFF-ROAD ENGINEERED DEVICE. THE INQUIRIES MAY BE MONITORED AND RECORDED FOR TRAINING, QUALITY ASSURANCE OR LEGAL PURPOSES. FOR GENERAL QUESTIONS OR PRODUCT EXPLANATIONS WE ADVISE YOU TO FIRST CHECK WITH THE PLACE OF PURCHASE FOR THEIR ASSISTANCE OR CHECK OUR SUPPORT PAGE WITH THE FREQUENT ASKED QUESTIONS.

IF YOU ARE NOT SATISFIED WITH YOUR PURCHASE, PLEASE CONTACT OUR CUSTOMER RELATIONSHIP SUPPORT CENTRE. WITHIN 7 DAYS OF RECEIPT OF PRODUCT THE CUSTOMER CAN EXCHANGE THE PRODUCT AGAINS A OTHER X-SYSTEMS PRODUCT. PRODUCT THAT HAS BEEN SCRATCHED, DROPPED, ALTERATION, MISUSE, ABUSED OR HAS A TALK TIME ABOVE TEN MINUTES MAY NOT BE RETURNED UNDER ANY CIRCUMSTANCES. FOR ALL OTHER PRODUCTS, IF THE ITEM IS RETURNED IN THE ORIGINAL PACKAGING AND IN THE NEW UNTOUCHED STATUS WE WILL EXCHANGE IT OR A OTHER X-SYSTEMS PRODUCT. ALL COSTS FOR THE RETURN ARE ON BEHALF OF THE RETURNSENDER.

  1. AFTER CONTACT WITH OUR CUSTOMER RELATIONSHIP SUPPORT CENTRE THE PRODUCT MUST BE RETURNED TO US WITHIN 3 WORKING DAYS FOR THE ISSUANCE OF THE RETURN & EXCHANGE. YOUR PURCHASED X-SYSTEMS PRODUCT MUST FIRST BE IN OUR WAREHOUSE AND WILL BE SUBJECTED TO A INSPECTION BEFORE WE WILL SEND THE OTHER X-SYSTEMS PRODUCT. YOU AND OUR TEAM WILL KEEP CONTACT DURING THE PROCESS AND WILL EXPLAIN MORE DETAILS. ALL PRODUCTS MUST BE PACKED IN THE ORIGINAL, UNMARKED PACKAGING INCLUDING ANY ACCESSORIES, MANUALS AND THE DOCUMENTATION THAT WAS INCLUDED WITH THE PRODUCT. RETURNS THAT DO NOT MEET THESE CONDITIONS MAY BE REJECTED OR SUBJECT TO A RESTOCKING FEE. TRANSPORT OR LOGISTIC COST MAY APPLY OF THE RETURN & REPLACE PROCESS.
  2. IF AN ITEM IS DEFECTIVE IT MAY ONLY BE EXCHANGED WITH AN EQUIVALENT PRODUCT IF WE ARE UNABLE TO SUPPLY THE SAME ITEM OR IF THE ITEM CANNOT BE REPAIRED. ANY RETURN SHIPPING COST IS THE RESPONSIBILITY OF THE CUSTOMER. ALL SHIPPING AND HANDLING FEES ARE NON-REFUNDABLE. THIS INCLUDES ALL REFUSED AND UNACCEPTED PACKAGES WHICH ARE ALSO SUBJECT TO A TWENTY FIVE EURO € 25,00 HANDLING FEE.

 

 

21 INTEREST

1.A MONTHLY LATE CHARGE SHALL ACCRUE ON ANY UNDISPUTED AMOUNT NOT PAID IN ACCORDANCE WITH THE TERMS ON THE INVOICE AT THE LESSER OF ONE AND ONE-HALF PERCENT (1/2 %) PER MONTH OR THE MAXIMUM RATE PERMITTED BY APPLICABLE LAW.

  1. WITH RESPECT TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT BY EITHER PARTY, SUCH BREACH DOES NOT WAIVE EITHER PARTIES RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. THIS AGREEMENT SETS FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN BOTH PARTIES WITH RESPECT TO THE SUBJECT MATTER THEREOF.

3.. APPLICANT AGREES TO PAY ANY COLLECTION COSTS INCURRED TO COLLECT ANY ACCOUNT BALANCE, INCLUDING COURT COSTS, COLLECTION FEES AND ATTORNEY’S FEES OF NOT LESS THAN THIRTY THREE PERCENT 33% OF THE UNPAID PRINCIPAL AND INTEREST.

  1. THE UNDERSIGNED AGREES TO THE NEED FOR VERIFICATION OF ALL INFORMATION ON THIS APPLICATION.

 

 

  1. SHIPMENT
  2. X-SYSTEMS ALWAYS TRIES TO DELIVER WITHIN 5/7 WORKING DAYS. WHEN AN ORDER CAN NOT BE DELIVERED FROM A CERTAIN LOCATION, X-SYSTEMS WILL TRY TO GET THE ORDER SHIPPED FROM ONE OF THE OTHER X-SYSTEMS LOCATIONS. IN THAT CASE THE DELIVERY PERIOD WILL BE EXTENDED WITH ANOTHER THREE MORE DAYS.2. X-SYSTEMS WILL MAKE EVERY EFFORT TO ENSURE THAT THE ORDERED PRODUCTS WILL BE SHIPPED AS SOON AS POSSIBLE, BUT X-SYSTEMS UNFORTUNATELY ALSO DEPENDS ON SHIPPING CARRIERS, BOTH NATIONALLY AND INTERNATIONALLY. X-SYSTEMS THEREFORE BEAR NO RESPONSIBILITY FOR ANY LATE DELIVERY, WHAT SOEVER.

3.IF A SHIPMENT IS REFUSED OR FAILS TO BE ACCEPTED FOR ANY REASON, THERE WILL BE A RESTOCKING CHARGE PLUS ACTUAL FREIGHT CHARGES.  A SHIPMENT MAY BE REFUSED WHERE THE SHIPMENT IS FAULTY OR DAMAGED AS A RESULT OF NEGLIGENCE BY X-SYSTEMS.

4.THERE WILL BE A RESTOCKING CHARGE ON ALL RETURNED MERCHANDISE UNLESS SUCH CHARGE IS WAIVED IN WRITING IN ADVANCE OF SUCH RETURN, OR WHERE THE SHIPMENT IS RETURNED AS A RESULT OF THE NEGLIGENCE OF X-SYSTEMS.

 

 

  1. APPLICABLE LAW AND DISPUTE.

1. ALL CONTRACTS AND THESE TERMS AND CONDITIONS ARE GOVERNED BY DUTCH LAW.
2. ANY DISPUTES BETWEEN THE PARTIES RELATING TO THE IMPLEMENTATION OF THE AGREEMENT AND / OR THE INTERPRETATION OF THESE TERMS AND CONDITIONS OR THE AGREEMENT, SHALL BE SUBMITTED TO THE COMPETENT JUDGE OF THE COURT OF ‘S-HERTOGENBOSCH, UNLESS X-SYSTEMS CHOOSES THE MATTER TO THE COURT OF THE CHOOSES THE MATTER TO THE COURT OF THE DOMICILE OF THE PURCHASER OR ANY OTHER UNDER THE LAW RELATIVELY COMPETENT COURT.