Terms & Conditions for Renew Program Terms & Conditions for Pre-Owned Program CONSUMER TERMS AND CONDITIONS - PURCHASE OF PRODUCT AND SERVICES IN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND VIA THE HEWLETT-PACKARD LIMITED AUCTION WEBSITE (THE "AUCTION WEBSITE")[top] Renew Program Introduction THESE TERMS AND CONDITIONS ARE INCLUDED WITHIN ALL CONTRACTS FOR PRODUCTS AND SERVICES PURCHASED FROM THE AUCTION WEB SITE and are described below. The terms and conditions may be subject to change by Hewlett-Packard Limited ("HP") without notice although changes will not affect Contracts that have already come into existence. This is an important document and affects your rights and obligations; you should therefore read it carefully. It also includes exclusions and limitations that apply to you. These terms and conditions shall apply to all purchases of Products and Services from HP by you via the Auction Website. These terms and conditions may not be supplemented, altered or modified by the use of any other documents or oral communications unless agreed in writing by HP. The Auction Website is hosted by FairMarket UK Ltd ("FairMarket") on behalf of Hewlett-Packard Limited. In order to participate in an auction you will firstly be required to register on the site and provide a valid credit/debit card number. HP reserves the right to cancel your bids, withdraw your participation, or exclude you from an auction at any time. YOU MUST BE OVER 18 TO PURCHASE PRODUCTS AND SERVICES FROM THIS AUCTION WEBSITE. 1. Auction 1.1 Your participation in an auction and use of this Auction Website are subject to these terms and conditions. 1.2 The products which appear on this website are excess HP products, end of line products or refurbished products. This means that the products may be damaged or have been previously sold and returned to HP for repair. You should refer to the description of each of the products for further details. 1.3 The products sold by HP via the Auction Website may be subject to a reserve price. Bids may be refused, including where the bid price does not reach the reserve price. 1.4 The highest bidder for products and / or services acknowledged and accepted by HP (pursuant to clause 2 below) will be the purchaser of the products and / or services. In the event of any dispute between the bidders then HP shall have sole and final discretion to determine the successful bidder. 1.5 HP reserves the right to close, extend or shorten an auction before the time indicated on the Auction Website, at its option. This may be due to a variety of reasons including, without limitation, technical difficulties encountered with the Auction Website. 2. Applicability 2.1 A winning bid ("Order") for Products and Services is subject to these terms and conditions. The contracting parties are Hewlett-Packard Limited ("HP") and the party submitting the Order as identified in the information submitted to the UK Auction Website at the time of ordering or by reference to a pre-agreed unique identifying number ("Customer" or "you"). For the purposes of these terms and conditions HP Auctions is operated by HP and is contactable at UKEPS@hp.com 2.2 If Orders are placed with HP Auctions then binding legal obligations may be created upon acceptance of your Order(s) by HP. HP's acceptance of your Order(s) will be sent by mail. Legal acceptance of your Order is effective at the time of posting of the Acceptance mail. HP RESERVES THE RIGHT TO REFUSE TO ACCEPT ORDERS AND ALL PRODUCTS AND SERVICES ARE SUBJECT TO AVAILABILITY. HP may withdraw any products or services at any time before the Order is accepted by HP. 2.3 If there is a material revision or cessation of a Product that is the subject of a Contract then HP may contact you to see if you would agree to HP shipping Products with the functionality of the Products Ordered. If you agree, there may be differences in what is shipped to what has been originally ordered. Where functionality cannot be matched with the Ordered Products HP will notify you and advise you either of a suitable alternative that may be supplied or of a cancellation of the Contract. Upon such cancellation HP shall promptly make a full refund to you of the payments received for the cancelled Products and neither you nor HP shall have any further liability to the other for the same. If an order is only part cancelled, then the part cancellation shall not affect your rights or obligations in relation to the non-cancelled part. 3. Price and Payment 3.1 The Price of the winning bid will include VAT; however, delivery charges are identified separately when you place your bid and shall be payable by you in addition to the bid which you have made for the products and / or services which are the subject of the Order. 3.2 Payment of the Price and delivery charges will be by credit card payment from a card issuer acceptable to HP (including Switch and Solo but excluding American Express). Payment by credit card shall be made by you contemporaneously with the acceptance of the Order by HP. If the credit card issuer refuses to approve the transaction then there is no acceptance of the Order by HP and HP may sell the products and / or services to the next highest bidder on the Auction Website. 3.3 HP shall take all reasonable care to keep confidential the credit card details which you provide to HP, in connection with an Order, but cannot be held responsible if these credit card details are used by a third party or are intercepted. 4. Delivery 4.1 Products and Services will be delivered to agreed locations in mainland of the United Kingdom of Great Britain for £35.25 including VAT per auction lot which is payable by you in addition to the bid which you have made for the Products and / or Services which are the subject of the Order and shall be payable by you in accordance with condition 3 above. HP regrets that it is unable to deliver Products to PO Boxes. HP shall be responsible for the insurance and care of Products and Services up to the point of delivery. Once delivery has occurred then the Products and Services are your responsibility and you should insure them. 4.2 Times for delivery are targets only. Where no delivery time is stated HP will use all reasonable efforts to deliver within 30 days of the date your Order is accepted. HP shall use reasonable effort to deliver the Products and Services within the times stated. In the event that the Products and Services have not been delivered in a reasonable time from the target delivery date then Customer should contact HP Auctions at UKEPS@hp.com giving their Contract number and such other details as may be available to assist HP to track the status of the delivery and to give a new anticipated delivery date. Where the new anticipated delivery date is an unreasonable time from the initial Target Date then you shall have the right to cancel the Contract without liability to HP. Upon such cancellation, HP will arrange for a full refund of the Price paid. You will have no other rights against HP for delays. 4.3 Customer or its agent shall sign for delivery of the Products and/or Services upon delivery to the agreed location. 4.4 Contracts for more than one Product or Service may be delivered in instalments by HP. 5. Acceptance 5.1 As a consumer, you have seven (7) working days from delivery to accept the Products and Services. Acceptance occurs when you reasonably satisfy yourself that the Products and Services accord with the contract requirements. If you do not notify HP of any defects within this period, then you will be deemed to have accepted the Products and Services. 5.2 Acceptance is an important event, after acceptance your right to reject the Products and Services is limited to the minimum rights to reject the Products and Services that cannot be excluded by HP. 5.3 Acceptance of "one occasion only" Services occurs after HP completes the service which may be within 7 working days. 5.4 If you do not believe you should accept the Products or Services please contact HP Auctions at UKEPS@hp.com with details of any problems to see if they can help. Shrink-wrap packages for Software must remain unopened if you are to receive any refund of monies paid. If you open shrink-wrap software packages, then you will be required to pay for them. 5.5 In the event of any defects in Product or Services after acceptance, then Customer should invoke a warranty claim for the relevant Product or Services in accordance with the warranty for the relevant Product or Services as described in the warranty clause below or the documentation accompanying the Product. 6. Software Licence Terms 6.1 Products and Services may include computer software. All computer software is subject to ownership rights of either HP or its suppliers. HP and its suppliers reserve all their rights in computer software; no title to computer software is transferred. 6.2 Certain computer software may be licensed directly from the supplier to you. The terms of all licenses may be found either in the accompanying documentation to the Product or Service or are available from HP on request. Use of Computer Software is licensed in accordance with the relevant non-exclusive non-transferable license terms for the Product or Service. Customer is deemed to have accepted these license terms at the time of HP's acceptance of the Order or as specified in the documentation accompanying the relevant Product or Service. 6.3 If you do not accept the license terms then you should return the Products and Services to HP unused before the end of the Acceptance period referred to in clause 5 above. Shrink Wrap Software should be unopened if you require a refund. 7. Warranty 7.1 AS A CONSUMER YOU HAVE STATUTORY RIGHTS THAT HP DOES NOT LIMIT OR EXCLUDE. 7.2 IN ADDITION TO YOUR STATUTORY RIGHTS AS A CONSUMER THE FOLLOWING WARRANTY PROVISIONS APPLY TO ALL PRODUCTS UNLESS OTHER PROVISIONS ACCOMPANY A PARTICULAR PRODUCT OR SERVICE IN WHICH CASE THE LATTER PROVISIONS SHALL APPLY TO SUCH PRODUCT. 7.3 HP Equipment. HP warrants that HP Equipment is free from defects in workmanship or material under normal use during the warranty period specified in Contract or documentation accompanying the HP Equipment. HP Equipment and the Products may be manufactured using some or all refurbished components or may have been used internally for reliability or performance testing. Spare parts may be refurbished 7.4 Software. HP warrants that HP Software, if designated as warranted in the Contract or documentation accompanying the HP Software, will substantially conform to the applicable Software Product Description or documentation accompanying the HP Software. Any non-conformance must be reported during the warranty period specified in the Contract, or documentation accompanying the HP Software. All Software not expressly designated as warranted is provided "AS IS." That is to say without warranty or conditions as to its satisfactory quality, fitness for purpose or correspondence with description. 7.5 Commencement of Warranty. The above warranties will commence upon delivery of the Products 7.6 Third Party Products. HP does not warrant third party products, which HP distributes "AS IS" (as specified above) unless otherwise specified in the Contract or documentation accompanying the third party products. Third party products may be warranted by the third party as specified in the documentation accompanying the third party products. 7.7 Documentation, Documentation for a particular Product or Service including Third Party documentation is available from HP on request. If the documentation is included in a formal link or page of the HP web site then the applicable Documentation for the Contract is the version current at the time the Customer's Order is accepted by HP. 7.8 Exclusions. The above warranties do not apply to Products from which the serial numbers have been removed, or to conditions resulting from improper use, accidents, external causes, including installation, relocation of hardware, service or modifications not performed by HP or its authorized service providers, or operation outside the environmental parameters specified for the Product. HP does not warrant that the operation of any Product will be uninterrupted or error free. Warranty service may not be performed if HP reasonably believes conditions at the Customer's site represent a safety or health risk. 7.9 HP and its suppliers do not warrant that products will operate in all combinations of hardware and software which may be selected for use by Customer or its Affiliates or that Software is error-free or that its use will be uninterrupted. 7.10 Warranty Remedies. HP will provide the following warranty remedies provided Customer promptly notifies HP during the specified warranty period or for Services within thirty days after the performance of Services, of any non-conformance to the above warranties. 7.10.1 HP will repair or replace defective HP Equipment in the manner specified in the Contract or documentation accompanying the HP Equipment. 7.10.2 HP will remedy warranted HP Software in the manner specified in the Contract or documentation accompanying the HP Software. Products which are the subject of an Order and have been purchased by you from HP as refurbished products are delivered to you with a minimum full 90 day warranty or the remaining manufacturer's warranty (whichever is the greater). 7.10.3 HP will remedy non-conforming Service. 7.10.4 If in HP's opinion, HP is unable to otherwise remedy the warranty non-conformance, HP may accept return of the HP Equipment or HP Software and refund the purchase price, or refund a portion or the entire purchase price of the Service. 7.10.5 If you are a Consumer, THIS WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS. 8. Limitation of Liability 8.1 You should use all reasonable care when you use Products and Services and should take back-up copies of all data on your Products in case there should be any problems with them. 8.2 To the maximum extent permissible by law and subject to clause 8.3 below:- 8.2.1 HP disclaims all liability for damage resulting in loss of data, loss of use, loss of profits, loss of anticipated earnings or disappointment or any indirect, incidental or consequential loss whatsoever. 8.2.2 HP's maximum liability for any claim howsoever arising will be limited to a refund of two times the purchase price paid for the Products and Services that are the subject of your claim .The limit included in this limitation clause is set in view that the Products and Services are not intended for use in business activities. Your limit of liability to HP is limited to the price plus any delivery charges set out in your contract plus any interest for late payments and any charges incurred in recovering these amounts from you. 8.3 HP does not limit or exclude liability for death or personal injury arising from HP's negligence, for any breach of undertaking as to title, quiet possession and freedom from encumbrance implied by law, including (without limitation) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, for fraud or deceit or for claims arising under Part 1 of the Consumer Protection Act 1987. 8.4 Neither HP nor FairMarket accept any liability for any losses or claims arising from any inability to access the auction web site, any interruption in the conduct of any auction or any failure to complete a transaction. Further, neither HP nor FairMarket accept liability for any loss of anticipated savings, disappointment or wasted expenditure arising from your participation in an auction. 9. Export 9.1 Products and Services received under these terms and conditions and HP's performance of its obligations shall be subject to export laws and regulations of the United States of America and of Great Britain. In some circumstances, HP may not be permitted to sell Products and Services to you. 10. General 10.1 Products and Services purchased from this UK Web Site are not for resale. 10.2 These terms and conditions and all Contracts shall be subject to English Law and the exclusive jurisdiction of the English Courts. 10.3 To contact HP you may email UKEPS@hp.com or write to HP Service Store at P.O. Box 2468, Worton Grange, Imperial Way, Reading. RG2 0YH Attn: General Manager 10.4 Customer may not assign or transfer its rights or obligations under any Contract to any third party. 11. Cancellation Rights 11.1 As a Consumer you may have the right to cancel Contracts for Products purchased from the Auction Web site. Cancellation rights must be exercisable by you within the time limits set out in the relevant legislation. If you should decide to cancel your Contract pursuant to these rights then you should ensure that the Products and packaging are maintained in a good condition so that the products may be returned to HP for a refund. To the extent permissible by HP will charge you for any damage to the returned Products and the costs of collecting the Products from you. Shrink- wrap packages for Software must remain unopened if you are to receive any refund of monies paid. I agree to the foregoing Consumer Terms and Conditions and the foregoing Online Privacy Statement and to HP collecting and using my personal data in accordance with the Online Privacy Statement, including transferring my personal information to the United States and to the collection, storage and processing of my personal information in the United States. Pre-Owned Program [top] HPFS Terms and Conditions for sales of Equipment 1. The Terms and Conditions for sale refer to Hewlett-Packard Finanz Service GmbH (“Client”), a limited liability company under the laws of Germany, with its registered address at Schickardstrasse 32, 71034 Böblingen, Germany, as seller of the products. 2. Quote. All products on this Quote are used and refurbished. The quote presented is valid for 15 days. The products quoted are subject to prior sales. Non availability of products might result in longer delivery lead times. The sale of the equipment is subject to credit approval. Prices are quoted exclusive VAT. The VAT will be included in full compliance with all applicable laws and regulations. All values quoted values are in Euro currency. Any currency exchange rates, which are reflected in the shop tool, are for reference calculation only and are subject to change. They are not a valid part of any sales quote. 3. Delivery and Payment. HPFS will arrange for shipment of the used equipment described (the “Equipment”) in the Quote to the “Ship To” address specified in the Buyer’s purchase order (the “Order”). HPFS will ship according to HPFS standard commercial practises and title and risk of loss will pass to Buyer when the equipment is delivered to the “Ship To” address, or if applicable on the date when the Buyer picks up the equipment from HPFS. If HPFS is unable to deliver the equipment within 15 days of the “Expected Delivery date” specified by HPFS Quote, Buyer’s exclusive remedy will be to cancel the order. 4. Warranty. HPFS warrants that it has good title to the Equipment and that it will be in good operating condition for a period of 90 days from date of delivery. HPFS will repair or replace any equipment that is not in compliance with the foregoing warranties, or refund the purchase price for the equipment, at its sole option. Except for the foregoing limited warranties, HPFS makes no warranty, express or implied, as to any matter whatsoever, including but not limited to the Equipment design, workmanship or materials, or the implied warranties of merchantability or fitness for a particular purpose, or as to patent, trademark or copyright infringement or the like. In no event shall HPFS be liable for loss of profits, incidental, indirect, special, exemplary or consequential damages arising under or in any way or in any way connected with the performance hereof, or the Equipment. HPFS’ liability under this Quote shall in no event exceed the purchase price of the equipment. 5. Software. Title to any software or software license included in the Equipment shall remain with the licensor of such software, and Buyer acknowledges that it receives no right to use the software except by a grant of software license by the licensor. 6. Buyer Representations. Buyer represents that the equipment is being purchased for its original intended use and that if it disposes or exports the equipment and any of its component materials, it will do so in full compliance with all applicable laws and regulations 7. General. These Term and Conditions for Sales of Equipment are the entire agreement between parties with respect to the sale of the Equipment and any conflicting or contrary terms in any Order issued by Buyer shall be of no force and effect. Buyer’s issuance of an Order will constitute its acceptance of these Terms and Conditions, which may not be changed except by written agreement of both parties.