Terms and Conditions
Terms and Conditions
The following terms and conditions apply to the commitment we make as a Microsoft Authorised Refurbisher (MAR) and you make as a customer of CFA Ltd. All services provided to you by CFA Ltd are subject to these terms, together with any previous written or verbal representations given or made by CFA Ltd or any representatives of CFA Ltd.
- CFA Ltd is a trade only website. Therefore, ITADs and Refurbishers are the only businesses that are permitted to buy the products featured on this site.
- In purchasing Microsoft licences from CFA Ltd, you must sign the TPR agreement and adhere to this at all times.
- The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
- Our quotations lapse after 30 days (unless otherwise stated).
- The price quoted excludes delivery (unless otherwise stated).
- Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery.
- Rates of tax and duties on the goods will be those applying at the time of delivery.
- At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
- All delivery times quoted are estimates only.
- If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:
- you may not cancel if we receive your notice after the goods have been dispatched; and
- if you cancel the contract, you can have no further claim against us under that contract.
- If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
- We may deliver the goods in instalments. Each instalment is treated as a separate contract.
- We may decline to deliver if:
- we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
- the premises (or the access to them) are unsuitable for our vehicle.
- We aim to deliver items ordered to you as soon possible. Your location in the world will determine how quickly you will receive the items being delivered. CFA Ltd is a UK-based company so orders being sent to the UK and Europe will typically arrive within 1-2 working days. For customers in the USA, we can provide a 1-2 working days delivery service, via distribution from Global Resale (owner of CFA Ltd).
- To help you plan for your delivery, we will send you an e-mail with tracking details, as soon as your order has been shipped. You are also very welcome to contact us on the target delivery day, for a tracking update.
- Our couriers do not work to predesignated time slots, or contact customers prior to delivery, so someone will need to be available from 8am to 6pm on that day, at the designated delivery address, to sign for the goods.
- Our couriers are legally contracted to deliver only to the delivery address given on order. If no-one is present at the delivery address to sign, our couriers will not normally deliver to an alternative address (e.g. a neighbour’s).
- We ship worldwide. International customers (outside the UK) must request confirmation of shipping charges before buying or bidding for an item (unless our website is automatically showing shipping charges for your destination).
- The goods are at your risk from the time of delivery.
- Delivery takes place either:
- at our premises (if you are collecting them or arranging carriage); or
- at your premises or address specified by you (if we are arranging carriage).
- You must inspect the goods on delivery.
- If any goods are damaged or not delivered, you must email to tell us within five days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.
- You are to pay us by card prior to delivery, unless you have an approved credit account.
- If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.
- If you fail to pay us in full on the due date we may:
- suspend or cancel future deliveries;
- cancel any discount offered to you;
- charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;
- calculated (on a daily basis) from the date of our invoice until payment;
- before and after any judgment (unless a court orders otherwise);
- claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
- recover the cost of taking legal action to make you pay.
- If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment.
- We may do any of those (5.4 – 5.11) at any time without notice.
- You do not have the right to set off any money you may claim from us against anything you may owe us.
- While you owe money to us, we have a lien on any of your property in our possession.
- You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs, including legal costs on a full indemnity basis and the costs of instructing a debt collection agency to recover a debt due to us if any) following any breach by you of any of your obligations under these terms.
- Until you pay all debts you may owe us:
- all goods supplied by us remain our property;
- you must store them so that they are clearly identifiable as our property;
- you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
- you may use those goods and sell them in the ordinary course of your business, but not if:
a. we revoke that right (by informing you in writing); or
b. you become insolvent.
- You must inform us (in writing) immediately if you become insolvent.
- If your right to use and sell the goods ends you must allow us to remove the goods.
- We have your permission to enter any premises where the goods may be stored:
a. at any time, to inspect them; and
b. after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
- Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied, should you not pay us by the due date.
- You are not our agent. You have no authority to make any contract on our behalf or in our name.
- We warrant that the goods:
- Comply with their description; and
- Are free from material defect at the time of delivery (as long as you comply with clause 4.6).
- We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
- If you believe that we have delivered goods which are defective in material or workmanship, you must:
- inform us (in writing), with full details, as soon as possible; and
- allow us to investigate (we may need access to your premises and product samples).
- If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 4.6) in full, we will (at our option) repair the goods replace the goods or refund the price.
- We will (at our option) repair or replace any goods which suffer component failure during the warranty period but you must contact us to request an RMA (Return Merchandise Authorisation) form and comply with the returns procedures detailed on the form. These should be carried out in full otherwise the return of the goods will be refused. The goods will only be authorised for return when you have received an authorisation number.
- We may charge a reasonable fee to you for our inspection of the goods but we will waive that fee if the goods are found to be faulty.
- Where the goods have been repaired or replaced under the provisions of the warranty period the warranty period shall not be extended.
- Our decision will be final as to whether or not an alleged defect occurs within the time of the warranty period or outside the warranty period.
- We do not warrant that the goods are compatible with or upgradeable to other goods whether hardware or software unless we have agreed this in writing.
- Our warranties do not apply:
- if there has been improper use of the goods or if the goods have been modified without our written authorisation;
- or if the goods malfunction because of abnormal environmental causes for example mains power transients or extremes of humidity of which you did not inform us when you placed your order.
- Where any third-party software is included with the goods, we warrant that:
- The goods will be supplied with the described software.
- The media on which the software is supplied will be fit for its purpose.
- We give no other warranty or representation about the software, its operation or compatibility with any other software or hardware.
- Third-party software is provided with the benefit of the third-party’s warranty and subject to the third-party’s licence agreement. You may become bound by the terms of the third-party licence when you remove the software media from its packaging. Or you may become bound by the third-party’s licence agreement when you install the software.
- We cannot accept the return of third-party software, under any circumstances, once you have accepted the third-party licence agreement, except in accordance with the terms of the third-party licence agreement.
- If you choose not to accept the terms of the third-party’s licence, you can return the software and goods to us for a full refund. However, you must return all items in their original packaging and in as good a condition as they were on delivery.
- We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only) direct financial loss, loss of profits or loss of use; and indirect or consequential loss.
- Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £2 million pounds.
- For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
- Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
- If we prepare the goods in accordance with your specifications or instructions you must ensure that:
- the specifications or instructions are accurate;
- goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
- your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
- We reserve the right to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements;
- and to make without notice any minor modifications in our specifications we think necessary or desirable.
Return of goods
- We will accept the return of goods from you only if:
- by prior arrangement (confirmed in writing);
- on payment of an agreed handling charge (unless the goods were defective when delivered); and
- where the goods are as fit for sale on their return as they were on delivery.
- You may not cancel the order unless we agree in writing (and clauses 2.2.2 and 10.2 then apply).
- 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.
- We may suspend or cancel the order, by written notice if:
- you fail to pay us any money when due (under the order or otherwise);
- you become insolvent;
- you fail to honour your obligations under these terms.
Waiver and variations
- Any waiver or variation of these terms is binding in honour only unless:
- made (or recorded) in writing;
- signed on behalf of each party; and
- expressly stating an intention to vary these terms.
- All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
- 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.
- Examples of those circumstances include an act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
- English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
- If you are more than one person, each of you has joint and several obligations under these terms.
- If any of these terms are unenforceable as drafted: it will not affect the enforceability of any other of these terms; and
- If it would be enforceable if amended, it will be treated as so amended.
- We may treat you as insolvent if:
- you are unable to pay your debts as they fall due; or
- you (or any item of your property) become the subject of:
a. any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
b. any application or proposal for any formal insolvency procedure; or
c. any application, procedure or proposal overseas with similar effect or purpose.
- 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.
- Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
- No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties Act 1999) by any person not identified as the buyer or seller.
- 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.
- Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
- These terms and conditions do not affect your statutory rights.
- To order goods through this website, you must be at least 18 years of age and accept delivery within our served areas. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
Use of copyrighted material
- CFA Ltd permits you to view and use the material and data on this website solely for your personal and non-commercial use.
- The content of this website, such as text, graphics, images, and other materials (‘Materials’), are protected by copyright under both England and Wales and foreign law.
- Unauthorised use of the Materials may violate copyright, trademark, and other laws.
- You must retain all copyright and other proprietary notices contained in the original Materials and on any copies you make of the Material for your personal use.
- You may not sell or modify the Material in any way for any public or commercial purpose.
- The use of the Material on any other website or in any networked computer environment for any purpose is prohibited.
- If you violate these terms and conditions, CFA Ltd reserves the right to terminate your access to this website, and you must immediately destroy any copies you have made of the Material.
- Authority to use our data in a way that contravenes these conditions must come in writing from CFA Ltd, and will only be valid for the time period stipulated in the letter.
Bound by Consumer Law
- We agree to meet the obligations set out under the consumer protection laws currently in force including:
- The Consumer Protection Act. 1987
- The supply of Goods and Services Act 1982
- The Consumer Credit Act 1974
- The Consumer Protection (Distance Selling) Regulations 2000
- The Sale of Goods Act 1979
- The Trade Descriptions Act 1968
- The Unfair Contract Terms Act 1977
- The 1994 Regulations
Description of Goods
- All the products we sell are of a technical nature and it is not always practical or possible to publish detailed specifications of all the products.
- All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. For detailed specifications are available from the manufacturer’s themselves.
- We are committed to protecting your privacy.
- We will only use the information that we collect about you lawfully, in accordance with the 1998 Data Protection Act and the 2018 EU General Data Protection Regulation (GDPR).
- We may use technology to track the patterns of behaviour of visitors to our site. This can include using a ‘cookie’ which would be stored on your browser. By submitting information to CFA Ltd, you consent to the collection and use of this information by CFA Ltd.
- We do not sell, trade or rent your personal information to others, without your prior permission.
- We do not store credit card details, nor do we share customer details with any third parties.
- We use Internet standard encryption technology to scramble your personal data when you transmit it to us. This process is known as SSL (secure sockets layer) and we are constantly updating our technology to provide you with the maximum practicable level of security.
- To check you are in a secure area of our website, you can look at the bottom right of your browser window and you will see a closed padlock or an unbroken key. This indicates that SSL is enabled and your transaction is secure.
- Should a breach in the TPR agreement occur, please be aware that your account will be immediately terminated and you will no longer be eligible to purchase licences through CFA Ltd.
- Microsoft Refurbished licenses purchased through CFA Ltd are not for resale. In purchasing licenses from CFA Ltd, you agree you will not resell Microsoft Refurbished licenses.
- These licences can only be affixed to refurbished PCs, laptops and tablets, as part of the Microsoft MAR Program before the product leaves a TPRs premises. Failure to do this can result in legal action from Microsoft and CFA Ltd.
- As part of the TPR Agreement, participating TPRs must submit the monthly reporting spreadsheet to CFA Ltd on the 1st of each month (or nearest working day to 1st month, should this date fall on a weekend or bank holiday). Incomplete, inaccurate or missing reports could result in a TPR’s customer account being suspended until the reporting is updated.
- COAs must be included on the equipment line (not written on a separate line) on customer invoices. For example: HP 840 G1 With Windows 10 Pro COA and Load.
- It is illegal for any company to upgrade to Windows 10 from Windows 7 or 8. If you were to do so, your account with CFA Ltd will immediately be terminated.
- The MAR logo and collateral can be used by TPRs who buy over a 1,000 COAs a month from CFA Ltd. Please ask CFA Ltd to provide these logos, or alternatively download them from the TPR portal.
- The Amazon Renew Program requires MAR Windows 10 to be able to sell Windows devices. TPR customers of CFA Ltd can request to be introduced to this Renew Program by CFA Ltd.
- TPRs should give end users instructions showing them where the Microsoft Media Creation tool is.
- TPRs must not send devices out that have been activated. Best practice is to put a sticker on the laptops instructing the end user to plug it in before turning it on (as Windows will need to update first and this will not be complete if the power runs out during the update). These stickers can be obtained from CFA Ltd.
- Citizenship Licenses are only to be used for non-profit organisations such as charities, schools, colleges, universities, educational institutions, and other Microsoft-approved customers. These licences must not be sold to any organisation that does not meet the licence requirements.
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