Terms Conditions

THESE TERMS AND CONDITIONS APPLY TO SALES AND OPEN ONLINE ORDERS. PLEASE READ THESE TERMS CAREFULLY. PLEASE NOTE THAT SPECIAL TERMS APPLY TO CONSUMERS, WHICH PREVAIL OVER THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS.

1 – Website

1.1) This website is operated by Servers Fit with registered office at, (referred to as "Servers Fit" or "we" or "us"). Servers Fit is a IT solutions provider with the circular economy at its core.

1.2 This website is intended for use by Servers Fit's current and prospective Customers. Persons who place an order for our products are bound by Servers Fit's Terms and Conditions. Please review these Terms and Conditions, before placing any order through this website.

1.3 We provide access to and use of Servers Fit's website subject to the following terms and conditions which may be updated by us without notice to you. BY ORDERING PRODUCTS FROM US, WHETHER BY USING OR ACCESSING THE WEBSITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE CEASE USING THE WEBSITE.

2 – Definitions

2.1) "Business Customer" means a Customer who is not a Consumer.

2.2) "Consumer" means an individual who is not acting for the purposes of his or her business or profession.

2.3) "Servers Fit” means also referred to as "we" or "us" in these Terms and Conditions.

2.4) "Catalog" means the catalog of products and services offered by Servers Fit.

2.5) "Force Majeure" means any cause affecting the performance by Servers Fit of its obligations arising from acts, events, omissions, happenings, or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood, or any disaster or industrial dispute affecting a third party.

2.6) "Normal Working Hours" means 9:00 AM to 5:00 PM CST on a Working Day.

2.7) "Working days" means Monday to Friday, excluding Bank or other Public holidays.

2.8) "Open Online" or "website" means the Internet website, accessed through the address www..

2.9) "Customer" means a Business Customer, Customer, or potential Customer of Servers Fit.

2.10) "User" means the person who accesses Open Online on behalf of the Customer.

2.11) "Administrator" means the person who is in charge to administrate and authorize Users on behalf of the Customer.

2.12) "Products" means the products listed for sale on Open Online, which can be purchased by the Customer.

2.13) "Terms and Conditions" means the terms and conditions for access to the Open Online system by the Customer and its Users and the Limited Terms and Conditions of sale, which deal with the commercial and trading aspects between the Customer and Servers Fit.

3 – Orders

3.1) These Terms and Conditions govern all sales of products by the Seller to the Customer, regardless of the medium of the purchase order. Upon acceptance or performance by the Seller, the Terms and Conditions and the Purchase Order become a binding contract, with the Terms and Conditions prevailing in case of a conflict, except where the Seller has expressly agreed to the conflicting term. These Terms and Conditions do not affect the Consumer's statutory or contractual rights.

3.2) Orders are subject to acceptance and availability, and the Seller may refuse any order.

3.3) The Customer must provide accurate details for purchasing Products, and use their own or authorized company credit or debit card. The Seller may validate the card details before providing Products.

3.4) The Seller may record and monitor calls and electronic traffic for training purposes.

3.5) Acceptance of an order is subject to credit approval and acceptance by the Seller. The Seller may terminate the contract without liability to the Customer if their credit becomes unsatisfactory.

4 – Prices

4.1) Prices are exclusive of applicable sales taxes, for which the Customer is liable. Sales taxes are usually applicable in Texas but may include other locations.

4.2) The Seller may increase the price of the Products to reflect changes in specifications requested by the Customer or due to the Customer's instructions or failure to provide adequate information or instructions, with written notice to the Customer before delivery.

5 - Ordering

5.1) Order confirmation will be sent by email.

5.2) Acceptance of the order will be confirmed by email.

5.3) Dispatch confirmation and tracking number will be provided by email.

5.4) Email address provided during order placement will be used.

6 - Delivery, Title and Risk

6.1) Free delivery for all orders in USA. Delivery inquiries to be directed to Customer Support or call +1 (855) 483-2051.

6.2) Delivery dates are subject to reasonable efforts and are not guaranteed. Delay due to circumstances beyond reasonable control will not hold liable. Customers can cancel orders in case of unacceptable delays.

6.3) Business Customers can cancel orders if not delivered within 30 days of agreed delivery date, and receive a refund. Written notice of cancellation to be provided.

6.4) Business Customers must report delivery shortages or damage in writing within 48 hours of receipt. Business Consumers should notify shortages or damage within a reasonable period of becoming aware.

6.5) Business Customers must be available to receive the Products within Normal Working Hours.

6.6) Risk in the Products passes to the Customer from the time of delivery by to the Designated Carrier. If the Customer refuses delivery or does not provide timely instructions or authorizations, they will be liable for costs and expenses.

6.7) Title in the Products passes to the Customer upon full payment.

6.8) If the Customer cannot accept delivery, may store and insure the Products at the Customer's expense and risk or sell the Products at the best price reasonably obtainable and pay to the Customer any excess over the sale price or charge the Customer for any shortfall or re-arrange delivery at additional cost.

6.9) The Customer may request proof of delivery in writing within 3 months of delivery.

6.10) The Customer must check the delivery note and packaging for discrepancies or damage and note it on the proof of delivery.

7 - Delivery terms

7.1) Free Ground Shipping within 3-5 days via Fed Ex from stock availability.

7.2) We offer FREE Ground Shipping for orders within the USA, provided the items weigh less than 10 lbs in total. Items exceeding this weight limit may incur additional shipping charges.

8 - Availability:

8.1) Our website is regularly updated for accurate product availability and lead-time information, but availability cannot be guaranteed.

8.2) If a product is unavailable, we will contact you to suggest a new delivery date or alternative product.

8.3) Out of stock items may still be available from our suppliers, so please contact us to check.

9 - Payments:

9.1) Payment can be arranged through credit/debit cards, PayPal and bank transfer.

9.2) Credit applications can take up to a week for approval, and payment for first-time transactions may be requested by bank transfer.

9.3) We reserve the right to cancel transactions if fraud or suspicious activity is suspected.

9.4) Standard payment terms for credit accounts are 30 days from the invoice date, with interest charged on late payments.

10 - Product Specifications:

10.1) We strive to supply products as advertised, but reserve the right to supply products with minor variations in dimensions or specifications.

10.2) If we cannot supply the ordered product, we may offer a superior alternative at no extra cost, or the customer may cancel the order and receive a refund.

11 - Trade Names and Trademarks:

11.1) Trade names and marks may not indicate the actual manufacturer of a product.

11.2) Customers should check the manufacturer of a component before placing an order.

12 - Warranties and Returns

12.1) Servers Fit is committed to providing our Customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities described below:

12.2) All refurbished products delivered carry 90 days warranty.

12.3) If you purchase Products in the course of your business, the following previsions of this Clause shall apply. Other than the express provisions set out in these Terms and Conditions, all other terms and the implied terms or warranties relating to the supply of Products are excluded to the fullest extent permitted by law. PRODUCTS ARE NOT TESTED OR SOLD AS BEING FIT FOR ANY PARTICULAR APPLICATION OR FOR USE UNDER SPECIFIC CONDITIONS UNLESS EXPRESSLY AGREED IN WRITING.

12.4) If you purchase services in the course of your business, the following provisions of this Clause shall apply. shall use its skill and expertise to carry out any contracted works (the "Service(s)") to a standard equivalent to that of the industry standards, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by services' engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgment applied in the course of providing Services, reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.

12.5) Intentionally Omitted.

12.6) In the event that, at its discretion, agrees to accept the return for credit of unwanted products, the Products must be returned with ’s prior written agreement within 7 days of delivery. The Products must be unopened and in perfect re-saleable condition. All Products returned in these circumstances will be subject to a handling fee of 25% of ’s sale price for the Products.

12.7) Subject to testing to verify any alleged fault, we will accept the return of defective Products for full refund or replacement at our option, if, but only if, the Products are returned within 7 days of delivery.

12.8) Servers Fit technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the Products are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorized product returns must be sent to provided address.

12.9) All returned Products must be accompanied by ’s Returns Material Authorization number ('RMA Number') which can be obtained by contacting Customer Support at +1 (855) 483-2051.Returned Products will not be accepted without an RMA Number. Do not write directly on the manufacturer's packaging. Please write the RMA number on the address label provided with the Returns Material Authorization and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at ’s sole discretion.

12.10) Servers Fit cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.

12.11) Proof of postage is not proof of delivery, and you are therefore strongly advised to send your package by recorded delivery, registered post, or courier, and to insure the Products for their full value.

12.12) On receipt of the returned product, we will test it to identify the fault you have notified to us.

12.12.1) If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.

12.12.2) This warranty shall not apply if the Products have been worked upon, altered, or damaged in any way by the Customer or its employees or agents, or to Products not used in accordance with the manufacturer's instructions.

12.12.3) No software on which seals have been broken can be returned for credit. If any software disks are faulty, the manufacturer will replace them. Please note Software Licenses are non-returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.

12.13) Some manufacturers require Products to be returned within 7 days or less in order to secure refund. In such instances, the manufacturer's time limit will apply and therefore, will only accept a return within 7 days of purchase or the manufacturer's time limit, if that limit is less than 7 days. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 7 days. Beyond that period, you will be deemed to have accepted the Products, and you must therefore check the Products promptly on receipt. Please note that this period is reduced to 2 days for clearance bargains and 'NCCR', products as set out in clause 15.

12.15) THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND CONSTITUTES THE ONLY WARRANTY OF WITH RESPECT TO THE PRODUCTS. FURTHER, MAKES NO WARRANTIES AS TO PERFORMANCE OR PRODUCTION, NOR AS TO EXPENDABLE OR WEARING PARTS, NOR AS TO ANY SEPARATELY LISTED ITEM OF THE PRODUCTS WHICH IS NOT OTHERWISE EXPRESSLY CONTAINED HERE IN.

13 - Liability for Business Customers

13.1) When dealing with Business Customers, Servers Fit shall not be liable for any indirect or consequential damages, including but not limited to loss of profits, goodwill, data, or business, resulting from any cause. However, if the Products are defective or do not match their description, Servers Fit may be liable to refund the price paid by the Customer. In all other cases, Servers Fit's liability is limited to the invoiced amount of the relevant order.

13.2) Servers Fit's liability for death or personal injury caused by its negligence is not limited by this agreement.

14 - Health and Safety

14.1) Servers Fit confirms that its distributed Products are safe for use when used properly for their intended purpose and when the Customer takes reasonable and normal precautions in their use.

15 - Force Majeure

15.1) If circumstances beyond its reasonable control or Force Majeure prevent Servers Fit from fulfilling its obligations, Servers Fit shall not be considered in breach of its contract with the Customer, even if it has made reasonable efforts to perform the obligation.

16 - Clearance Bargains & Non-Current Catalog Requests ('NCCR') Products

16.1) Products offered as "Clearance Sales" are discounted Products with limited availability and are subject to additional special rules, which supersede all other terms and conditions of Servers Fit, except for those covering Consumers.

16.2) Clearance Sales are graded according to their condition, and the length of the guarantee (if any) is specified in the description of the relevant grade.

16.3) No contract for sale will be created, and no payment will be debited until Servers Fit confirms stock availability.

16.4) 'Non-current catalog requests' ('NCCR') or 'Specials' Products are sold subject to additional special rules.

16.5) NCCR Products are non-returnable, except if they are faulty or there has been an error made by Servers Fit.

16.6) Quoted prices for NCCR Products are valid for 14 days only.

16.7) Quoted prices for NCCR Products are not eligible for any value, cash, or volume discounts.

17 - Errors and Omissions

17.1) Servers Fit makes every effort to ensure the accuracy of all prices and descriptions in its catalog and website, but errors can occur. If there is a manifest error or omission, Servers Fit may cancel the contract and refund any payment made by the Customer. If there is a manifest error in price, the Customer may purchase the Products at the correct price by paying the difference.

17.2) A "manifest error" refers to an incorrect price quoted in error by more than 10% less than the correct price.

18 - Customer Obligations

18.1) Appointment of Open Online Administrator

18.2) Responsibility of the Administrator

18.3) Changing the Administrator

18.4) Meeting technical requirements

18.5) Preventing login details from being shared

19 - Administrator Obligations

19.1) Duties of the Administrator

19.1.1) Authorization, approval, and access level setting of Users

19.1.2) Removal, deletion, and amendments of Users

19.1.3) Ensuring correct Customer details on Open Online

19.2) Responsibility for Administrator actions

20 - User Obligations

20.1) Acting on behalf of the Customer

20.2) Not sharing security details

20.3) Not using login information after leaving the Customer

21 - Security and Login

21.1) Elements of login credentials

21.1.1) Account Number

21.1.2) Unique Username

21.1.3) Secret Password

21.2) Consent to orders and information

21.3) Keeping login information confidential

22 - License

22.1) Grants a non-exclusive license to access and use this website, subject to the terms and conditions stated here.

22.2) Reserves the right to terminate the license at any time without prior notice.

22.3) Your use of this website constitutes your acceptance of these terms and conditions, which apply to all pages and entry points.

23 - Materials on the Website

23.1) All content on this website, including design, layout, appearance, and graphics, is protected by intellectual property laws and may not be copied, reproduced, or distributed without written permission.

23.2) Redistribution or republication of any material on this website to third parties without prior written consent is prohibited.

23.3) No part of this website may be distributed or copied for commercial purposes, reproduced, transmitted, or stored in any other electronic system without written permission.

23.4) Unauthorized use of this website may result in legal action.

24 - Website Information

24.1) The information provided on this website is subject to change without notice and is not guaranteed to be accurate.

24.2) The information on this website should not be relied upon as advice or recommendation. Any arrangements made with third parties are at your sole risk and responsibility.

24.3) Sales information on this website is an invitation to purchase and not an offer to enter a contractual relationship.

25 - Linking

25.1) This website contains links to other websites, and any downloaded content is at your own risk. We are not responsible for the content of external websites.

25.2) You may not link to this website without our prior written consent.

26 - Liability

26.1) We make no warranty or representation regarding this website's content, advertising, services, or products.

26.2) We do not guarantee that the use of this website will be compatible with all servers and software.

26.3) We will not be liable for any injury, damage, or loss arising from the use of this website or reliance on any information or materials contained on this website, including viruses or malicious code.

27 - Changes to Content of the Website

27.1) Subject to clause 27.2, the website's content may be changed by the company in its sole discretion without prior notice to users.

27.2) The company reserves the right to modify these Terms and Conditions by posting the updated version on the website. If there are significant changes to these Terms and Conditions, the company will make reasonable efforts to notify website visitors of the revisions for a reasonable time. It is advisable to review these Terms and Conditions periodically.

28 - Viruses and Malicious Programs

28.1) The company does not guarantee that the website or its access will be free of errors, viruses, or other malicious codes.

29 - User Conduct Regarding Security and Privacy

29.1) Users are prohibited from disrupting the website's security, abusing the system resources, servers, or networks, or interfering with the enjoyment of other users or posting unsolicited content, including spam and defamatory or illegal material.

29.2) Users are responsible for any breaches of these obligations and agree to indemnify and hold harmless the company.

29.3) The company will issue account holders with unique user names and passwords to access their accounts. Users must keep their login details confidential and not share them with others.

29.4) Users must not use other account holders' login details or allow others to use their login details. If users suspect any security breaches, they should contact the company immediately.

30– Severance

30.1) If any provision of these Terms and Conditions is deemed illegal, invalid, or unenforceable under the laws of any jurisdiction, it shall be removed from the Terms and Conditions in that jurisdiction, and the remaining provisions shall remain in effect.

31– General

31.1) Nothing in these Terms and Conditions affects your statutory rights as a Consumer.

31.2) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

31.3) Any waiver of a breach of this Agreement must be in writing. These Terms and Conditions state the complete agreement between the parties concerning this subject, and supersede earlier oral and written communications between the parties concerning the subject matter of these Terms and Conditions. These Terms and Conditions may be modified only by writings duly signed by authorized representatives of both parties.

31.4) You agree that these Terms and Conditions shall control, notwithstanding conflicting or additional terms on any Purchase Order, sales acknowledgment, confirmation, or other document issued by either party. Where these Terms and Conditions may conflict with any other document, these Terms and Conditions shall take precedence.

31.5) Any variation of this Agreement must be in writing and signed by a duly authorized official.

31.6) The headings are for convenience only and shall not affect the interpretation of this Agreement.

31.7) Any notices given under this Agreement shall be in writing and sent (I) by first class pre-paid post to the last known address of the party; or (ii) by fax to their last known fax number; or (iii) by e-mail to the last notified e-mail address of the party.