Server Factory Terms of Sale

 

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract

1.1 These terms of sale apply to all goods supplied by Server Factory Limited (UK), residing at Equity House, 57 Hill Avenue, Amersham, HP6 5BX (the "Supplier"). Server Factory reserves the right to change or amend these terms and conditions at any time without prior notice.

1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Prices are checked regularly, however if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed.

1.3 The contract is subject to your right of cancellation (see below).

2. Description, price and availability of the goods  

2.1 The description and price of the goods you order will be as shown on our website at the time you place your order. Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed  on our website, especially with generic products. Server Factory makes every effort to ensure that all product descriptions quoted on it's web site are precise and accurate. On the occasion when a mistake may occur, Server Factory will be entitled to rescind the contract, not with standing that it has already accepted the customer's order.  Descriptions are provided for customer convenience only and the customer is responsible for verifying their accuracy prior to purchase. Unless there is a mistake in the TITLE or MANUFACTURING PART NUMBER, all returns due to incorrect descriptions will be treated as a customer error and will be subject to a return's authorisation. Returns on grounds of incorrect descriptions have to be raised within 5 calendar days of receipt and products need to be in mint condition.

Note: If the product does not match the public statement made about it by the manufacturer, importer or producer; Server Factory can not be held liable for any such statement or any changes made to such statements on the grounds that if we were not aware about such statements or could not reasonably be expected to know about it, or if it was corrected at the time of sale, or if the consumer could not have been influenced by the statement.

2.2 Every effort is made to ensure that prices shown on the Server Factory website are accurate at the time you place your order. If an error is found, Server Factory  will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If Server Factory  does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 7 day period, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

2.3 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Server Factory  will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card. Server Factory strives to ensure that all goods are delivered on time, however we do not accept liability for goods delivered on an unspecified day. Server Factory will not be liable for any consequential or indirect loss such as loss of profits, loss of goodwill, damage to trading relationships and financial loss. Server Factory's liability in respect of all other losses shall be limited to the invoiced value of the relevant order.

2.4 In addition to the price, you are required to pay a delivery charge for the goods.

3. Payment

3.1 Payment for the goods and delivery charges can be made by any method shown on Server Factory´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Server Factory to terminate the contract immediately.

3.2 There will be no delivery until cleared funds are received.

3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

4. Delivery

4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.

4.2 Orders placed before the time stated on the product or checkout page on a working day will be processed that day provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays)

4.3 If delivery cannot be made to your address for reasons under Server Factory's control the Supplier will inform you as soon as possible.

4.4 If you fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:

4.4.1 return the goods to the supplier's warehouse. Credit notes will be raised upon receipt/process of returned deliveries from which the original delivery charges will be deducted from the net amount. Failed or refused deliveries placed by business customers at times may attract a re-stocking fee. Server Factory shall refund or re-credit you within 30 days.

4.4.2 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or

4.4.3 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.

4.5 You must notify us within 5 working days of the declared delivery date if you have not received the goods.

4.6 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you no later than 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Server Factory reserves the right to deduct any direct costs incurred in retrieving the goods as a result of such failure.

4.7 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Server Factory will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case Server Factory will inform you as soon as possible. Server Factory will not be liable for any consequential or indirect loss such as loss of profits, loss of goodwill, damage to trading relationships and financial loss. Server Factory's liability in respect of all other losses shall be limited to the invoiced value of the relevant order. Under no circumstances Server Factory can be held liable in any disputes between the claims of the customer and the courier with regards failed delivery issues. Server Factory however is willing to offer its assistance in any such hopefully avoidable instances. 

4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so will affect any warranty claims that you make thereafter.

4.9 Important Note: Electronically activated warranties and electronically activated software and licenses may take up to 30 days. Please enquire prior to purchase. We strongly recommend to do so as these electronically activated software/warranties/license agreements can not be cancelled. Please refer to point 6.8 of our Terms and conditions.

5 Risk/Title

5.1 The goods are at your risk from the time of delivery.

5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:

5.2.1 the goods, and

5.2.2 all other sums which are or which become due to the Supplier from you on any account.

5.3 Server Factory shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

6. Your right of cancellation

6.1 If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 7 working days of receipt. The item must not be used and must be 'as new' when returned to us. (see below for details). The cost of return must be paid by the customer and it is the cusotmer's responsibility that the item is received in in good condition. Server Factory will not take responsibility for damage in transit

6.2 Distance Selling Regulations do not apply to orders placed by business customers and our Business Terms and Conditions relating to returning Non-faulty goods apply.

6.3 To exercise your right of cancellation, you must give written notice to the Supplier by email or via the returns console accessible via your Server Factory account area, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

6.4 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will have to bear the cost for returning the goods to the Supplier. Server Factory reserves the right depending on product type to  choose to collect the goods for you, in which case you will be charged no more than the original shipping cost.

6.5 Unwanted products will be taken back within 7 working days of purchase so long as they are in pristine condition and the package is not damaged. When you are sending the goods back to us, you are responsible that the goods arrive at our premises in the state as described above. Goods need to be returned withing 14 calendar days from the day a return's reference was issued. All goods are inspected on arrival and refunds will not be issued if the goods are not in the condition described above. They must be in a re-sellable condition and must be returned to us at your expense. We will refund the amount paid for the goods within 30 days of receiving the returned goods.

6.6 In the case of faulty or mis-described goods the Supplier shall, after receiving notification in accordance with clause 7.3 or 7.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you a reasonable postage costs. 

6.7 If you wish to return unwanted goods you must obtain a return's material number (RMA) by completing the online returns form accessible via your Server Factory Account. When we receive your completed form we will issue you with a returns number which you will receive by e-mail. Please note that returns authorisations for unwanted items are not issued instantly but can take up to one week. Server Factory will refund or re-credit you within 30 days of receipt of returned item/s. Business customers may incur a re-stocking charge. Please refer to Business Terms and Conditions.

6.8 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, electronically activated warranties and electronically activated software/licenses and software/licenses upgrades. This applies also for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. This applies to a selected number of other goods which cannot be resold as new once the seal or packaging has been broken. Please contact us if you wish to verify whether your goods fall into this category.

7. Warranty

7.1 All goods supplied by the Server Factory follow the standard manufacturer's warranties. Please contact us to for details of specific manufacturers. Subject to the conditions below, a repair will be provided.

Please note that depending on agreements with the manufacturer warranties are claimed in two different ways:

1) Warranties that have to be claimed by the customer directly from the manufacturer from the moment of product delivery.

2) Warranties that  have to be claimed from the manufacturer via Server Factory return's procedure.

In each instance the warranties are carried by the manufacturer directly and not by Server Factory. All returns on grounds of faults are subject to manufacturer's fault verification and approval. Please contact us prior to purchase if you wish to be informed about individual product warranties and 'dead on arrival policies'.

7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Server Factory, failure to follow Server Factory´s instructions, or any alteration or repair carried out without the Server Factory´s approval.

7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via email within 48 hours.

7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via email, as soon as possible, but in any event within 7 calendar days of the date you discovered the damage, defect.  

7.5 Products found to be faulty after 7 working days of purchase will only be repaired. If a repair is not possible they will be replaced with the same product or one with equivalent features or price.

7.6 Faulty products will be checked by us and/or the manufacturer. If the product is NOT found to be faulty it will be returned and an administration fee will be raised. Please note that in the unfortunate event of a faulty product Server Factory can not be held responsible for any delays incurred by repairs or replacements undertaken by the manufacturer.

7.7 Your replacement will be dispatched once the faulty goods have arrived back to us and have been tested for the described fault. Faulty units that have been returned with a manufacturer's fault reference will not be tested and replacement units will be despatched thereafter (subject to availability). If replacement items are not available within a reasonable time a refund will be offered. The amount of refund will be proportional to a reasonable assessment of fair wear and tear of the returned item which usually becomes effective after a six months usage. In that instance refunds will be assessed to the current market price but never above the original purchase price.

7.8 On occasion we may choose to dispatch a replacement before we have received the faulty unit from you. In this case it is still your duty to return the faulty item following the instructions given to you. Failure to do so will give Server Factory the right to take the full payment for the replacement unit received by you.

8. Limitation of Liability

8.1 Subject to 8.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:

8.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;

8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;

8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.

8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.

8.3 If you are a business customer the Supplier shall not be liable to you 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 (howsoever caused) which arise out of or in connection with this agreement.

10. Data Protection
Server Factory will take all reasonable precautions to keep the details of your order and payment secure but unless Server Factory is negligent, we will not be liable for unauthorised access to information supplied by you.

11. Images

Product images are for illustrative purposes only and may differ from the actual product.

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.