XG Group owns all copyright and intellectual property rights for the content on this website. The information provided on our website, including text, images, and downloadable materials, is intended for the use of XG Group customers only. These materials should not be downloaded or republished for marketing purposes without prior authorisation.
1.1 All contracts entered in to between us shall be deemed to incorporate these conditions and no amendment or addition shall be binding on us unless agreed in writing by an authorised representative of XG Group (XG Group is a trading name of Xtreme Graphics Ltd.).
1.2 Any terms and conditions provided by you are excluded unless expressly agreed in writing by an authorised representative of XG-Group. By entering into a contract for the supply of goods and/or services with us, you acknowledge that you have not relied on any prior promises, representations, or undertakings given by us that are not included within these terms and conditions.
2.1 The prices quoted exclude V.A.T. (unless otherwise stated). V.A.T. will be charged at the rate applying at the time of delivery and/or performance of the service. V.A.T. will be charged on all applicable goods and services (including carriage charges).
2.2 No quotation by XG Group shall constitute an offer by us and all quotations are subject to withdrawal without notice. Quotations may be given orally and in writing.
2.3 Subject to condition 2.2, quotations lapse 30 days after the date of quotation (unless otherwise stated in writing.
2.4 The price quoted excludes delivery, delivery pallets and any other packaging materials unless otherwise stated in writing at the time of your order. There will be no reduction in the price if you collect the goods.
2.5 Unless otherwise specified, the quoted price is an illustrative estimate only. .Prior to the actual delivery of any part of the goods or the performance of the service, we may adjust the price to reflect any increase in our costs of supplying the goods and/or services. We will endeavour to agree on any such price increases with you before delivery and/or service performance. However, you agree to pay any increased price, provided that the increase does not exceed 20% of the originally quoted price. If the price increase exceeds 20%, we may, at our absolute discretion, withdraw from the contract without penalty or any liability to you.
2.6 Except where mandated by law, the applicable tax and duty rates on the goods and/or services will be those in effect at the time of delivery and/or performance.
3.1 All quoted delivery times are estimates only.
3.2 If we fail to deliver within a reasonable time, you may cancel the contract by providing written notice. However:
3.2.1 You may not cancel if we have already commenced manufacturing the goods when we receive your notice.
3.2.2 If you cancel the contract, you will have no further claims against us under that contract; your sole remedy will be to recover any price already paid to us for the goods.
3.3 If you accept delivery of the goods after any estimated delivery time, delivery will be considered punctual. You agree to waive any claims against us for delay, including claims for indirect or consequential loss or price increases.
3.4 We reserve the right to deliver your goods in instalments, with each instalment considered a separate contract.
3.5 We may, at our discretion, deliver the goods from any location and choose any reasonable method of carriage unless otherwise agreed.
3.6 If delivery fails due to your fault or reasons beyond our control, we may store and insure the goods at your expense. We may deliver the goods as soon as possible but reserve the right to sell them after 14 days of storage. We will recover insurance and storage costs, delivery attempt costs, and the unpaid sale price from the sale proceeds. If these costs exceed the sale proceeds, you agree to pay the excess. If we store and dispatch the goods on your behalf, we reserve the right to dispose of unused goods after a minimum of 6 months without notification. At our discretion, we may notify you that the goods have exceeded our 6-month storage agreement and offer an extension at an agreed price.
3.7 We reserve the right to pass on any unforeseen additional costs incurred during the delivery of goods and/or performance of services.
3.8 You are responsible for providing sufficient labour and materials, at your cost, for unloading the goods.
3.9 Neither our carrier nor we are responsible for unloading the goods into your premises.
3.10 If the driver leaves the vehicle at your request while the goods are being unloaded, we will not be liable for any shortages.
4.1 We may decline to deliver the goods if:
4.1.1 we believe or our carriers believe that it would be unsafe, unlawful or unreasonably difficult to do so
4.1.2 the premises (or access to them) are unsuitable for our vehicle. And the provisions of condition 3.6 shall apply.
5.1 You are required to pay us the quoted price in cash or cleared funds at the time of order, as well as any price uplift as per condition 2.5 at the time of delivery, unless you have an approved credit account. If you fail to do so, we may not commence manufacture, and condition 3.6 will apply to the delivery of the goods. We accept most credit cards and our preferred method of payment is by BACS or bank transfer.
5.2 If you have an approved credit account, payment is due no later than the end of the month following the month of delivery unless otherwise agreed in writing.
5.3 We will only consider an application for a credit account subject to pre-payment of your first order and provision of suitable references.
5.4 By requesting a credit account, you consent to us carrying out any necessary credit referencing and accept that all business transacted with us shall be subject to these Conditions.
5.5 We may, at our absolute discretion, decline any application for credit without providing any reason.
5.6 If you have an approved credit account, we may withdraw it, reduce your credit limit, or bring forward your due date for payment at any time without notice.
5.7 We reserve the right to cancel the credit agreement with your company at our absolute discretion.
5.8 If you fail to pay us in full in accordance with condition 5.1 or 5.2:
5.8.1 We may suspend or cancel future deliveries/services.
5.8.2 We may cancel any discount offered to you;
5.8.3 You must pay us interest at the rate set under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998, as amended, extended, or re-enacted.
5.9 You do not have the right to set off any money you may claim from us against any amount you owe us.
5.10 While you owe money to us, we have a lien on any of your property in our possession.
5.11 Payment is required to be made on time, in full, and without any deduction, set off, or counterclaim. If an account remains outstanding, we may refer the matter to our third-party debt collection agents, which will incur a cost of 15% + VAT. Any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree to be legally liable for this surcharge and acknowledge that its payment can be enforced against you in court. You also agree to pay interest at the relevant rate provided under the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent amendments, with interest accruing both before and after any court judgment.
6.1 All goods supplied by us remain our property until paid for in full.
6.1.1 You must store the goods so they are clearly identifiable as our property and in premises where you can grant us access as outlined in condition 6.4.
6.1.2 You must insure the goods for their full value against risks that a prudent owner would insure against and hold the insurance policy on trust for us.
6.1.3 You may use and sell the goods in the ordinary course of your business, but until full payment is made, all proceeds from such sales are to be held on trust for us. You may not use or sell these goods if: a) We revoke this right by informing you in writing; or b) You become insolvent as defined in condition 16.5.
6.2 If you become insolvent as defined in condition 16.5, you must immediately inform us in writing.
6.3 If your right to use and sell the goods ends before you pay all debts you owe us, you must allow us to remove the goods.
6.4 We have your permission to enter any premises where the goods may be stored until you pay all debts you owe us:
6.4.1 At any time to inspect the goods; and
6.4.2 To remove the goods, using reasonable force if necessary, after your right to use and sell them has ended in accordance with condition 6.1.4.
6.5 Despite our retention of title to the goods, we have the right to take legal action to recover the price of goods supplied, along with interest, if you fail to pay by the due date.
6.6 You are not our agent and have no authority to make any contracts on our behalf or in our name.
7.1 The goods are at your risk from the time of delivery.
7.2 Delivery will be deemed to have taken place either:
7.2.1 at our premises, when you or your carrier have collected the goods; or
7.2.2 at the agreed delivery address, when you have unloaded the goods.
7.3 You must inspect the goods on delivery. If any goods are damaged on delivery (or only partially delivered), you must mark the advice note accordingly and notify us in writing within seven days of delivery and before their use or resale. You must give us (or our carrier) a reasonable opportunity to inspect the damaged goods.
7.4 If there is a complete failure of delivery, you must notify us in writing within seven days of receipt of our despatch documents or our invoice, whichever is earlier. You will be deemed to have received delivery if you do not do so.
7.5 If an independent carrier carries the goods, we will only consider claims under conditions 7.3 or 7.4 if you have complied in all respects with the carrier’s conditions for notifying claims for loss or damage in transit.
8.1 Except where otherwise provided, we warrant that the goods:
8.1.1 comply with their description on our advice note; and
8.1.2 are free from material defects at the time of delivery
8.2 We do not provide any additional warranties and expressly exclude any implied warranties, terms, or conditions regarding the quality of our goods or their suitability for any particular purpose. This exclusion applies specifically (but not exclusively) to goods prepared according to your specifications or instructions.
8.3 The warranty stated in condition 8.1.2 does not extend to goods sold as “untested,” and we bear no liability for any defects in these goods, except where mandated by law. You agree to indemnify us against any claims made against us concerning goods supplied to you as “untested.”
8.4 If you believe that we have delivered goods that though undamaged are defective you must:
8.4.1 inform us (in writing) with full details, within three days of discovering the alleged defect; and
8.4.2 allow us to investigate in terms of condition 6.4
8.5 If the goods are found to be defective in material or workmanship (following our investigations, and you have complied with those conditions (in condition 7.3 and 8.4) in full, we will at(at our option) replace the goods or refund the price.
8.6 We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
8.7 For all liabilities not referred to elsewhere in these conditions, our liability is limited to damages to the price of the goods.
9.1 If we prepare the goods in accordance with your specifications or instructions, you must ensure that the specifications or instructions are in writing and accurate. You must ensure that goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them. We accept no liability for any claim whatsoever relating to fitness for purpose for goods which have been prepared in accordance with your specifications or instructions other than that they would not have been so prepared.
9.2 Before submitting your artwork, please ensure it conforms to our provided artwork specifications. While we make efforts to review artwork for print readiness, we are not liable for errors found in the original artwork file.
9.3 Unless otherwise agreed in writing, we shall have fulfilled our contractual obligation to you in terms of the quantity to be supplied if the quantity supplied is within +/- 10% of the appropriate quantity of that specified on our advice note.
9.4 Goods will be supplied within the current British or European standards (as appropriate) unless otherwise expressly agreed in writing.
9.5 XG reserve the right to make changes to materials and processes without prior notice.
10.1 We will accept the return of goods from you only:
10.1.1 By prior arrangement (confirmed in writing by us)
10.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered); and
10.1.3 in all cases, where the goods are as fit for sale in their return as they were on delivery.
10.1.4 Providing any issues are reported on delivery or within 3 days of delivery.
10.1.5 Bespoke goods and goods made to order cannot be returned or refunded.
11.1 You are responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties due.
12.1 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
12.2 We may suspend or cancel the order, by written notice if:
12.2.1 you fail to pay us any money when due (under the order or otherwise)
12.2.2 you become insolvent in terms of condition 16.5
12.2.3 you fail to honour your obligations under these conditions.
12.3 You may not cancel the order unless we agree in writing.
13.1 Any waiver of these conditions is binding only if it is made in writing, signed on behalf of each party and expressly stating an intention to vary these conditions.
14.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
14.2 Examples of those circumstances include act of God, accident, flood, explosion, fire, transport delays, strikes, act of terrorism and other industrial disputes and difficulty in obtaining supplies.
15.1 We may use, and you agree that we may use and disclose, any personal information about you to third parties for the purpose of supplying goods and services to you processing invoices and statements. In respect of any of your personal data held by us, we agree to comply with the provisions of the EU General Data Protection Regulation 2018.
16.1 Any contract made under these conditions where the return address on the order is situated in England or Wales, shall be governed by and constituted under English law and the English courts shall have exclusive jurisdiction in respect of such contract.
16.2 Any contract made under these conditions where the return address on the order is situated in Scotland shall be governed by and construed under Scottish law and the Scottish courts shall have exclusive jurisdiction in respect of such contract.
16.3 If you are more than one person, each of you has joint and several obligations under these conditions.
16.4 If any of these conditions are unenforceable as drafted it will not affect the enforceability of any other of these conditions and if it would be enforceable if amended, it will be treated as so amended.
16.5 We may treat you as insolvent if:
16.5.1 you are unable to pay your debts as they fall due; or
16.6 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
16.7 Any notice by either of us which is to be served under these conditions may be served by leaving it at or by delivering it to (by first class post or by fax) the others registered office or principal place of business. All such notices must be signed by an authorised signatory.
16.8 Unless expressly agreed otherwise if the contract is governed by the laws of England and Wales pursuant to condition 16.1 no contract between us will create any right enforceable (by virtue of the contracts (rights or third parties) Act 1999) by any person not identified as the buyer or the seller.
16.9 Unless expressly agreed otherwise if the contract is governed by the laws of Scotland pursuant to condition 16.2 no contract between us will create any right enforceable by any person not identified as the buyer or the seller.
16.10 The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either contained in our estimate (or any covering letter) and not withdrawn before the contract is made or which expressly state that you may rely on them when entering into the contract.
16.11 Nothing in these conditions affects or limits our liability for fraudulent misrepresentation.
XG Group
Unit 3,
Buckingham Court,
Brackley,
Northants,
NN13 7EU
United Kingdom
