TERMS AND CONDITIONS

The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.

Our invoices are payable immediately, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, X-Tek reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due or a $29 late fee. X-Tek will be authorized to suspend any provision of services without prior warning in the event of late payment.

If a payment is still outstanding more than sixty (60) days after the due payment date, X-Tek reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.

X-Tek undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. X-Tek cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.

In order for it to be admissible, X-Tek must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 10 days of the delivery of the goods or the provision of the services.

X-Tek's liability under this Agreement is limited to the actual direct damages incurred by the Client and shall in no event exceed the amount paid for Services hereunder. In no event shall X-Tek be liable for any incidental, consequential, special, indirect, punitive or third party damages or claims, including but not limited to, lost profits, lost savings, lost productivity, loss of data, data breach, and loss from interruption of business, even if previously advised of their possibility and regardless of whether the form of action is in contract, tort or otherwise.

Neither party shall be held liable for any delay or failure in performance of all or a portion or the Services of any part of this Agreement from any cause beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, power blackouts affecting facilities other than facilities of a kind commonly protected by redundant power systems, unless such redundant power systems are also affected by any Force Majeure condition, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.

This contract shall be governed by the laws of the County of Boone in the State of Illinois and any applicable Federal law.