Terms and Conditions of Sale and Service - refurbishedserversuk.com
"Company" means Refurbishedserversuk, Correspondence address: Suite 230, 80
Street, Winchester, SO23 9AT
“Contract” means the contract between the Company and the Customer for the supply
of the Goods or Services incorporating these terms and conditions.
“Customer” means the person, firm or company who purchases Goods or Services from
“Goods” means all goods agreed in the Contract to be supplied to the Customer by
the Company including replacements for defective goods and software products licensed
for use by the Customer.
“Liabilities” means all losses, damages, penalties, fines, costs and expenses (including
any incurred as a result of any claims or proceedings being made by a third party).
“Services” means all services agreed in the Contract to be supplied to the Customer
by the Company including all internet and related services.
(a) All orders which are accepted by the Company will be subject to and in accordance
with these terms and conditions which shall be deemed to be incorporated into the
(b) No terms or conditions endorsed upon, delivered with or contained in the Customer’s
purchase order, confirmation of order, specification or other document will form
part of the Contract.
(c) No variation to these terms and conditions or any representations about the
Goods or Services shall have any effect unless expressly agreed in writing and signed
on behalf of the company. Nothing in this clause however will exclude or limit any
liability of the Company for fraudulent misrepresentation.
(d) Each order for Goods or Services by the Customer shall be deemed to be an offer
by the customer to purchase Goods or Services from the company. No order placed
by the customer shall be deemed to be accepted by the Company until it issues a
written acknowledgement of order or (if earlier) it delivers the Goods or supplies
the Services to the Customer.
All Quotations will be subject to continued availability of the Goods.
(a) Unless otherwise stated by the Company in writing. all Goods supplied under
the Contract will be refurbished goods.
(b) All drawings, descriptive matter, specifications and advertising issued by the
Company and any descriptions or illustrations contained in its catalogues or brochures
are issued or published for the sole purpose of giving an appropriate idea of the
Goods or Services described. They will not form part of this Contract.
All prices are subject to VAT at the current rate prevailing at the time of delivery
of the Goods or completion of the Services.
6. Payment Terms
(a) Other than with the prior written agreement of the Company, payment of the purchase
price is due in full within 30 days of the invoice. Time for payment shall be of
(b) If the Customer fails to pay any sum due pursuant to the Contract then (without
prejudice to the Company’s other rights) the Company reserves the right to apply
a late payment surcharge to the Customer in relation to the amount outstanding at
the companies own discretion. The Late payment surcharge will not exceed 10% of
the outstanding amount or exceed £250.00 (Whichever is greater). The Late payment
surcharge will be applied every 30 days until the outstanding amount and the Late
Payment surcharges are paid in full.
(c) The Company reserves the right to claim interest under the Late Payment of Commercial
Debts Act 1998.
(d) If legal action is taken against the Customer to recover monies due to the Company,
then the Company reserves the right to charge the Customer an administration charge
plus the cost of such legal costs. The administration charge will be 10% of the
total amount claimed or £250 (whichever is the greater).
(e) The Customer shall make all payments due under the Contract without any deduction
whether by way of set off, counterclaim, discount, abatement or otherwise unless
the Customer has a valid court order requiring an amount equal to such deduction
to be paid by the Company to the Customer.
7. Guarantee of Goods
(a) All Goods supplied by the Company are supplied with either a manufacturer’s
guarantee or a Company guarantee. It is the Customer’s responsibility to check at
the time of ordering the Goods whether the Goods are covered by a manufacturer’s
guarantee or a Company.The guarantees vary in their duration.
(b) With the exception of the guarantees referred to in clause (a) above and the
express provisions contained in these terms and conditions no warranty, guarantee,
condition or representation is given by the Company as to the state, quality, condition,
fitness for purpose, performance, standards, workmanship or otherwise of the Goods
and all such warranties, guarantees, conditions or representations including any
implied by statute or common law (except for the condition implied by Section 12
of the Sale of Goods Act 1979) are to the fullest extent permitted by law, excluded
from the Contract.
(c) The terms of clause 7(b) will not apply where the Customer is dealing as a consumer
(within the meaning of the Unfair Contract Terms Act 1977) and in such case the
statutory rights of the Customer are not affected by these terms and conditions.
(d) Where the Goods are supplied with a Company guarantee then if any of the Goods
are or become defective within the warranty period specified by the Company due
to faulty materials, workmanship or design then the Company undertakes at its option
to either repair or replace the Goods (or the relevant part thereof) free of charge
or refund the price of the Goods.
(e) The guarantee provided by the Company will not apply:- (i) Unless the Customer
gives written notice of the defect to the Company within 3 days of the time when
it was discovered or ought to have discovered the defect and the Company is given
a reasonable opportunity after receiving the notice of examining the Goods; (ii)
Unless the Customer (if requested) at its expense returns the defective goods (or
defective part thereof) to the Company’s premises together with a document in writing
stating the date of purchase and the original invoice number; (iii) If the defect
has arisen because the Customer failed to follow the Company’s or the manufacturer’s
instructions as to the storage, installation, use or maintenance of the Goods or
(if there are none) good trade practice; (iv) If in the Company’s reasonable opinion
the Goods have been subjected to undue wear and tear, accident, misuse, improper
application or neglect.
(f) Except as otherwise stated in these terms and conditions the Company will have
no liability to the Customer hatsoever for any Liabilities incurred by the Customer
arising from any defect in the Goods except for its obligations under paragraph
(a) above where the Goods are supplied with a Company guarantee.
(a) No order which has been issued by the Customer and accepted by the Company may
be cancelled before or after delivery of the Goods or commencement of the Services
without the written agreement of the Company which may be withheld or granted on
such terms as the Company may in its discretion decide. (b) If the Company does
agree to the cancellation of an order after the Goods have been delivered then the
Customer will at its expense return the Goods to the Company’s premises and the
Customer will pay a restocking charge of 50% of the price of the goods.
(a) The Company will use its reasonable endeavours to deliver the Goods or complete
the Services in accordance with the delivery/completion schedules agreed with the
Customer. Such schedules are however intended to be estimates only and time of
delivery or completion shall not be made of the essence by notice.
(b) The Company will not be liable for any Liabilities incurred or suffered by the
Customer arising from any delay in delivery of the Goods or completion of the Services
even if the delay is caused by the negligence of the Company.
(c) If for any reason the Customer will not accept delivery of the Goods when they
are ready for delivery, or the Company is unable to deliver the Goods on time because
the Customer has not provided appropriate instructions, documents, licences or authorisations:-
(i) risk in the Goods will pass to the Customer; (ii) the goods will be deemed to
have been delivered; and (iii) the Company may store the Goods until delivery whereupon
the Customer will be liable for all related costs and expenses (including storage
The Goods are at the risk of the Customer from the time of delivery.
(a) Ownership of the Goods will not pass to the Customer until the Company has received
in full all sums due to it in respect of the Goods and all other sums which are
or which become due to the Company from the Customer on any account.
(b) Until ownership of the Goods has passed to the Customer, the Customer must:-
(i) Hold the Goods on a fiduciary basis as the bailee of the Company; (ii) Store
the Goods in such a way that they remain readily identifiable as the property of
the Company; (iii) Maintain the Goods in a satisfactory condition and keep them
insured on behalf of the Company for their full risk against normal insurable risks;
(iv) Hold the proceeds of any such insurance on trust for the Company and not mix
them with any other money.
(c) The Customer’s right to possession of the Goods shall terminate immediately
if:- (i) any payments due from the Customer to the Company under the Contract are
not paid on the due date; or (ii)the Customer has a bankruptcy order made against
him or makes an arrangement or composition with his creditors or otherwise takes
the benefit of any statutory provision for the time being in force for the relief
of insolvent debtors or (being a body corporate) convenes a meeting of creditors
(whether formal or informal) or enters into liquidation (whether voluntary or compulsory)
or has a receiver and/or manager, administrator or administrative receiver appointed
of its undertaking or any part thereof, or a resolution is passed or a petition
presented to any court for the winding up of the Customer or for the granting of
an administrative order in respect of the Customer or any proceedings are commenced
relating to the insolvency of the Customer; (iii)the Customer suffers or allows
any execution, whether legal or equitable, to be levied on its property or obtained
against it or fails to observe or perform any of its obligations under the Contract
or any other contract between the Company and the Customer or is unable to pay its
debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer
ceases to trade; or (iv)the Customer encumbers or in any way charges any of the
(d) The Customer grants to the Company its agents and employees an irrevocable licence
at any time to enter any premises where the Goods are or may be stored in order
to inspect them or where the Customer’s right to possession has terminated, to recover
12. Limitation of Liability
(a) Subject to clause (b) below:- (i)The Company’s total liability to the Customer
in contract, tort (including negligence or breach of statutory duty) misrepresentation,
restitution or otherwise for any Liabilities incurred by the Customer arising from
or in connection with the supply of the Goods or Services under the Contract shall
be limited to the total price payable by the Customer to the Company for the Goods
or Services under the Contract. (ii)The Company shall not be liable to the Customer
for any indirect or consequential loss or damage, (whether for loss of profit, loss
of business, depletion of goodwill or otherwise), costs, expenses or other claims
for consequential compensation whatsoever (however caused) which arise out of or
in connection with the Contract.
(b) Nothing in these terms and conditions excludes or limits the liabilities of
the Company for death or personal injury caused by its negligence or fraudulent
If any of the circumstances occur as specified in clause 11 (c) above then without
limiting any other right or remedy available, the Company may cancel the Contract
or suspend any further deliveries of Goods or performance of Services under the
Contract without any liability to the Customer.
(a) The Customer shall not be entitled to assign the Contract without the prior
consent of the Company.
(b) The Company may assign the Contract to any person, firm or company.
15. Force Majeure
The Company reserves the right to defer the date of delivery of the Goods or the
date of commencement or completion of the Services or to cancel the Contract (without
liability to the Customer) if it is prevented from or delayed in the carrying on
of its business due to circumstances beyond its reasonable control including, without
limitation, acts of god, governmental actions, war or national emergency, acts of
terrorism, riot, civil commotion, fire, flood, strikes, delays affecting carriers
or inability or delay in obtaining supplies of adequate or suitable materials provided
that, if the event in question continues for a continuous period in excess of 60
days, either party shall be entitled to give notice in writing to the other party
to terminate the Contract.
(a) Failure or delay by the Company in enforcing or partially enforcing any provision
of the Contract will not be construed as a waiver of any of its rights under the
(b) Any waiver by the Company of any breach of or any default under any provision
of the Contract by the Customer will not be deemed a waiver of any subsequent breach
or default and will in no way affect the other terms of the Contract.
(c) The parties to this Contract do not intend that any term of this Contract will
be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by
any person that is not a party to it.
(d) The formation, existence, construction, performance, validity and all aspects
of the Contract shall be governed by English Law and the parties submit to the exclusive
jurisdiction of the English Courts