This agreement contains the policies, terms and conditions that apply to orders and purchases from XIPHIAS as well as those that will be communicated to you and your customers for all orders and purchases of products, services, and systems. Customer agrees to these rules, terms, and conditions by placing an order with XIPHIAS.
The policies, terms, and conditions of the XIPHIAS website are also included in this agreement. These guidelines, terms, and conditions are accepted by you by accessing this website. These policies, terms and conditions are subject to change at any time without notice.
XIPHIAS will provide the Products to the Customer in accordance with the written purchase orders that the Customer has submitted and that XIPHIAS has accepted. Purchase orders must be made by the customer at least "X" days before the requested delivery date. The number "X" will be specified in the XIPHIAS Offer under the heading lead time and is subject to acceptance by XIPHIAS. Purchase orders must include the type and quantity of the ordered Product, supply, or spare part collectively referred to as "Goods," applicable prices in accordance with the Offer, requested delivery dates, shipping instructions, and the purchase order number.
XIPHIAS typically accepts purchase orders in writing 5 to 10 days after receiving them. Purchase orders won't be regarded as accepted by XIPHIAS unless XIPHIAS gives the Customer a formal acceptance. Purchase orders received by XIPHIAS cannot be changed or cancelled by the customer without XIPHIAS's prior written approval.
Once XIPHIAS has received the complete purchase fee, title to the goods will pass to the customer. As soon as XIPHIAS delivers the goods to the customer's carrier, the risk of loss of the goods passes to the customer.
Xiphias Software Technologies will mention the mode of payment in the proposal submitted to the client. We do not accept in Lieu payment or any payment in cash unless substantiated by the client with written documents and acceptance sought specifically for the cause.
All taxes, tariffs, and governmental assessments arising from the sale of the Goods under this Agreement must be paid by the Customer or will be charged extra to the client.
XIPHIAS shall undertake, or have performed by its manufacturing contractors, final quality inspection on the Products at the production plant prior to delivery in line with XIPHIAS quality processes. The Customer may attend such inspection if it has notified XIPHIAS in writing at least ten (10) working days prior to the scheduled delivery date of its intention to execute such inspection. Any alleged defect discovered by the Customer upon delivery of the Goods at destination shall not entitle the Customer to withhold or postpone payments due to XIPHIAS, but shall be treated in line with the warranty clause set forth below.
Specific installation terms shall be agreed on a client to client basis and will be a part of either the proposal or the Purchase order. No deviation to the same will be accepted.
XIPHIAS provides a comprehensive 12-month warranty on its Products, ensuring they are free from defects in material and workmanship. This warranty excludes damages caused by wear and tear, improper use, negligence, or force majeure. Any direct or indirect consequential damages resulting from defects are not covered. XIPHIAS disclaims all other warranties, whether express, implied, or statutory, including merchantability and fitness for purpose. Customers can trust in the quality of XIPHIAS Goods, backed by their commitment to customer satisfaction and reliable service.