Terms & Conditions

Terms & Conditions

LA Micro Group (UK) Limited

Version 2.0  |  Effective 9 September 2026

  1. WHERE TO FIND INFORMATION ABOUT US AND OUR PRODUCTS

1.1  You can find everything you need to know about us, LA Micro Group (UK) Limited (company number 05113241), and our products on our website or from our sales staff before you order. We also confirm the key information to you in writing by email after you order.

1.2  Our head office address is Astro House, Unit 2, Brants Bridge, Bracknell, Berkshire, England, RG12 9BG.

1.3  We also trade under the names “Bytestock” and “LA Direct Solutions”. References in these terms to “we”, “us” and “our” include those trading names.

  1. WE DON’T GIVE BUSINESS CUSTOMERS ALL THE SAME RIGHTS AS CONSUMERS

2.1  For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to business customers or just to consumers, this is clearly stated.

2.2  You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession. A legal entity such as a company or limited liability partnership cannot therefore be a consumer.

2.3  You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

2.4  In these terms, products means goods, services and digital content, and used equipment means any goods that we have not expressly described in writing as new.

  1. WHEN YOU BUY FROM US YOU ARE AGREEING THAT:
  • We only accept orders when we’ve checked them.
  • Sometimes we reject orders.
  • We charge you:
    • for online orders, when you place your order; or
    • if you are a business account customer with credit terms we have agreed in writing, when we accept your order.
  • If you are a business customer, you can’t cancel an accepted order without our agreement.
  • Goods are at your risk from delivery, and you own them once you have paid for them in full.
  • We charge interest on late payments.
  • We pass on increases in VAT.
  • We’re not responsible for delays outside our control.
  • Products can vary slightly from their pictures and published specifications.
  • Products will not be new unless we have expressly stated in writing that they are (and if you re-sell a product that you buy from us, you must not describe it as new to your customers or prospective customers or in any marketing or other promotional material).
  • You’re responsible for making sure any product meets the specifications you require.
  • We may charge you if you don’t give us information we need or we do preparatory work as agreed with us.
  • If you are a consumer and you bought online, over the telephone or by email, you have a legal right to change your mind.
  • You can end an on-going contract (see clause 18).
  • You have rights if there is something wrong with your product.
  • Used equipment is sold hardware-only: no software licence, subscription or support entitlement transfers to you unless we say so in writing (see clause 20).
  • We can change products and these terms.
  • We can suspend supply (and you have rights if we do).
  • We can withdraw products.
  • We can end our contract with you.
  • We don’t compensate you for all losses caused by us or our products.
  • We use your personal data as set out in our Privacy Notice.
  • You have options for resolving disputes with us.
  • Other important terms apply to our contract.
  1. IF YOU ARE A BUSINESS CUSTOMER THIS IS OUR ENTIRE AGREEMENT WITH YOU

4.1  If you are a business customer, these terms (together with our quotation or order confirmation for the relevant order) constitute the entire agreement between us in relation to your purchase. If you have purchased from us previously under different terms, these terms supersede and replace them.

4.2  Any terms and conditions contained in, or referred to in, your purchase order, order acknowledgement or any other document you send us do not apply and are excluded, unless we have expressly agreed to them in writing.

4.3  You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms or confirmed by us in writing, and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. Nothing in this clause limits or excludes our liability for fraud.

  1. WE ONLY ACCEPT ORDERS WHEN WE’VE CHECKED THEM

5.1  We contact you to confirm we’ve received your order, but that does not mean we have accepted it. For goods, we accept your order when we dispatch them to you. For services or digital content, we accept your order when we confirm in writing that we have accepted it.

5.2  If you are a business customer, once we have accepted your order you may not cancel it without our written agreement. If we agree to a cancellation, we may charge a restocking fee (which we will tell you when we agree the cancellation) and recover any costs we have incurred in sourcing, configuring or preparing the products for you. Where products were sourced or configured specifically for you, those costs may be up to the full price.

  1. SOMETIMES WE REJECT ORDERS

6.1  Sometimes we reject orders, for example because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because you are located outside the UK or our international delivery areas as stated on our website, because the product was mispriced by us, because we are unable to obtain a licence or approval that we need to supply the product, or because we have concerns under clause 8 (sanctions and export control). When this happens, we let you know as soon as possible and refund any sums you have paid.

  1. DELIVERY, RISK AND OWNERSHIP

7.1  We deliver throughout the UK and internationally to the countries listed on our website. There are restrictions on some goods for certain international destinations, so please review the information on our website carefully before ordering goods for delivery outside the UK.

7.2  If you order goods for delivery outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. You will be responsible for paying any such import duties and taxes. We have no control over these charges and cannot predict their amount. You should contact your local customs office for further information before placing your order.

7.3  You must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable or responsible if you break any such law.

7.4  We will deliver goods as soon as reasonably possible and, if you are a consumer, within 30 days of accepting your order unless we agree a different date with you. Any delivery date we give is an estimate. If you are a business customer, time of delivery is not of the essence.

7.5  Delivery is complete when we deliver the goods to the address you gave us, or when you collect them from us. If you arrange your own carrier, delivery is complete when we hand the goods to that carrier.

7.6  If nobody is available to accept delivery, or you do not collect the goods when agreed, we will contact you to rearrange. If you do not accept or collect the goods within a reasonable time, we may charge you for storage and for any further delivery attempts, and we may end the contract under clause 24.

7.7  Risk. Goods are at your risk from the time delivery is complete under clause 7.5, and you are responsible for insuring them from that time.

7.8  Ownership. You own goods once we have received payment in full for them and for any other sums then due to us. Until then, if you are a business customer, you must:

(a)  hold the goods on our behalf and store them separately from other goods, so that they remain readily identifiable as our property;

(b)  not remove, deface or obscure any identifying mark or packaging on or relating to the goods;

(c)  keep the goods insured against all risks for their full price from the date of delivery; and

(d)  tell us immediately if you become subject to any of the events listed in clause 24.2.

You may resell or use the goods in the ordinary course of your business before ownership passes to you. If any payment to us is overdue, or you become subject to any of the events listed in clause 24.2, that right ends immediately, we may require you to return the goods to us, and we may enter any premises where the goods are stored in order to recover them.

  1. SANCTIONS AND EXPORT CONTROL COMPLIANCE

8.1  In these terms:

“Sanctions” means any laws or regulations relating to economic or financial, trade, immigration, aircraft, shipping or other sanctions, export controls, trade embargoes or restrictive measures from time to time imposed, administered or enforced by a Sanctions Authority.

“Sanctions Authority” means the United Kingdom and the United Nations, and any other governmental authority with jurisdiction over us or you or any part of your business or operations, and in each case their respective governmental, judicial or regulatory institutions, agencies, departments and authorities, including (without limitation) the UN Security Council, His Majesty’s Treasury, the UK’s Office of Financial Sanctions Implementation, and the Department for Business and Trade (including its Export Control Joint Unit).

“Sanctions List” means any of the lists issued or maintained by a Sanctions Authority designating or identifying persons that are subject to Sanctions, in each case as amended, supplemented or substituted from time to time, including (without limitation) the UK Sanctions List, the Consolidated List of Financial Sanctions Targets in the UK and the Consolidated United Nations Security Council Sanctions List.

“Sanctions Proceedings” means any actual or threatened: (a) litigation, arbitration, settlement or other proceedings (including alternative dispute resolution, criminal and administrative proceedings); or (b) investigation, inquiry or enforcement action (including the imposition of fines or penalties) by any governmental, administrative, regulatory or similar body or authority, in each case relating to, or in connection with, any actual or alleged contravention of Sanctions.

“Sanctions Target” means a person that is: (a) listed on a Sanctions List; (b) owned or controlled by a person listed on a Sanctions List; (c) resident, domiciled or located in, or incorporated or organised under the laws of, a Sanctioned Territory; or (d) otherwise identified by a Sanctions Authority as being subject to Sanctions.

“Sanctioned Territory” means any country or territory that is the subject of Sanctions imposed on that country or territory as a whole, or on trade with it, rather than Sanctions targeting only specific persons.

“Export Controls” means all laws and regulations governing the export, re-export, transfer, brokering or end-use of goods, software and technology that apply to us or to the products, including the Export Control Order 2008 and the UK Strategic Export Control Lists, each as amended from time to time.

8.2  By ordering from us, you confirm that:

(a)  you are not, and have never been, a Sanctions Target, and nothing has occurred that could result in you becoming a Sanctions Target;

(b)  you are not contravening, and have not contravened, any Sanctions or Export Controls; and

(c)  you have not been involved in any Sanctions Proceedings (other than solely to provide information or evidence in respect of such proceedings), and there are no circumstances likely to give rise to any Sanctions Proceedings.

8.3  In connection with any products you order from us, you will:

(a)  not contravene any Sanctions or Export Controls, and not sell, export, re-export, transfer or divert the products to any Sanctions Target or Sanctioned Territory, or for any end-use that is prohibited or that requires a licence you do not hold;

(b)  not do, or omit to do, anything that would cause us to contravene any Sanctions or Export Controls;

(c)  implement adequate policies and procedures to ensure compliance with Sanctions and Export Controls;

(d)  if we ask, certify to us in writing, signed by one of your officers, your compliance with clauses 8.3(a) to 8.3(c), and provide evidence of compliance; and

(e)  keep at your normal place of business detailed, accurate and up-to-date records sufficient to enable verification of your compliance with clauses 8.3(a) to 8.3(c), and permit their audit as set out in clause 8.4.

8.4  You must permit us or our representatives, on reasonable notice during normal business hours (or without notice if we reasonably suspect you have breached clause 8.3), to access and take copies of records and any other information on your premises, and to meet with your staff, to audit your compliance with clause 8.3.

8.5  End-use information and export licences. Some products are subject to Export Controls and may not be exported, re-exported or transferred without a licence. Where we ask, you must give us accurate information about the end-user, end-use and destination of the products, and sign an end-user undertaking in the form we require. Where a licence or approval is needed for us to supply the products, our obligation to supply is conditional on it being granted. We will use reasonable efforts to obtain it, but we are not responsible for any delay in, or refusal or revocation of, a licence or approval, and in that event we may cancel the relevant order and refund any sums you have paid for products not supplied.

8.6  Further details on UK restrictions for export can be found at https://www.gov.uk/guidance/current-arms-embargoes-and-other-restrictions.

8.7  You must immediately notify us in writing if you:

(a)  become a Sanctions Target, or anything happens that could result in you becoming a Sanctions Target;

(b)  contravene any Sanctions or Export Controls; or

(c)  become aware of any breach or suspected breach of this clause 8,

and you must provide such information about it as we require to comply with our obligations to any Sanctions Authority, or which we otherwise reasonably request.

8.8  If you become a Sanctions Target, are involved in Sanctions Proceedings (other than solely to provide information or evidence in respect of such proceedings), contravene any Sanctions or Export Controls, or anything occurs that could reasonably be expected to result in any of these things happening, we may terminate or suspend our performance of any contract we have with you. We will tell you in writing, and this will not affect any other rights or remedies we may have.

  1. WHAT YOU PAY, AND WHEN

9.1  The price of a product is the price stated in our quotation, on our website or in our order confirmation when you order. If you are a consumer, the prices we show you include VAT. If you are a business customer, prices are exclusive of VAT and, unless we state otherwise, exclusive of delivery, which we add at the applicable rate.

9.2  We charge you:

(a)  when you place your order, if you order online or pay by card or in advance; or

(b)  if you are a business account customer with credit terms we have agreed in writing, when we accept your order, with payment due by the date stated on our invoice.

For some products we take payment at regular intervals, as explained to you during the order process.

9.3  We may withdraw or reduce credit terms, or require payment in advance or security before we supply, if we have reasonable concerns about your creditworthiness or if any amount you owe us is overdue. If you are a business customer, time for payment is of the essence.

  1. IF YOU ARE A BUSINESS CUSTOMER YOU HAVE NO SET-OFF RIGHTS

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

  1. WE CHARGE INTEREST ON LATE PAYMENTS

11.1  If you do not pay any amount when it is due, we charge interest on the overdue amount from the due date until the date of actual payment, whether before or after judgment, at:

(a)  3% a year above the Bank of England base rate from time to time, if you are a consumer; or

(b)  the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8% a year above the Bank of England base rate), if you are a business customer, and we may also claim the fixed-sum compensation and reasonable recovery costs provided for by that Act.

Interest accrues on a daily basis. You pay us the interest together with the overdue amount.

11.2  If you are a business customer and any amount is overdue, we may suspend further supply and withdraw any credit terms until it is paid.

  1. WE PASS ON INCREASES IN VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

  1. WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

13.1  If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay. If the delay lasts more than 30 days (if you are a consumer) or 90 days (if you are a business customer), you can contact our Customer Service Team on +44 (0) 1753 625111 to end the contract and receive a refund for any products you have paid for in advance but not received.

13.2  An event outside our control means any act or event beyond our reasonable control, including (without limitation) failure or delay by our suppliers, manufacturers or carriers; shortages of products or components; refusal, delay or revocation of any export or import licence or approval; changes in law or Sanctions; strikes or other industrial action; fire, flood or extreme weather; epidemic or pandemic; war, terrorism or civil unrest; failure of public or private telecommunications networks or utilities; and cyber-attack.

  1. PRODUCTS CAN VARY SLIGHTLY FROM THEIR PICTURES OR PUBLISHED SPECIFICATIONS

A product’s true appearance may not exactly match that shown on our website or in our marketing, and its packaging may be slightly different. Specifications may vary slightly, but not in a way that materially affects the performance of the product. Clause 20 sets out additional terms that apply to used equipment.

  1. YOU ARE RESPONSIBLE FOR MAKING SURE ANY PRODUCT MEETS THE SPECIFICATIONS YOU REQUIRE BEFORE YOU ORDER IT

15.1  If we are sourcing or supplying the product to match your specifications, you are responsible for making sure those specifications are correct.

15.2  We charge you if you don’t give us information we need, or if any specifications you provide are inaccurate and result in us purchasing products which do not meet your requirements or carrying out other work as agreed with you.

15.3  We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery, installation or to provide services, or if you don’t do preparatory work for delivery or installation as agreed with us.

  1. ISSUES WITH GOODS ON DELIVERY, AND RETURN SHIPPING COSTS

16.1  Please check your goods on delivery. Any claim that goods are missing, damaged in transit or otherwise affected by a shipping-related issue must be reported to us in writing within seven (7) days of delivery, so that we can raise a claim with the carrier. If you are a business customer and you do not notify us within this period, you will be treated as having accepted the shipment in the condition received, and we will have no liability for transit damage or shortages. If you are a consumer, late notification may affect our ability to claim against the carrier, but it does not affect your legal rights under clause 19.

16.2  Return shipping costs. Unless another clause of these terms says otherwise:

(a)  if you are a consumer, or a business customer we have accepted in writing as a reseller account (a “Reseller”), we cover the reasonable cost of shipping for returns, replacements and claims under clause 19, either by arranging collection or by reimbursing you; and

(b)  if you are any other business customer, you are responsible for the cost of shipping for returns, replacements and claims, including the cost of shipping any repaired or replacement product to you.

Return costs where a consumer changes their mind are dealt with in clause 17.6.

  1. IF YOU ARE A CONSUMER AND YOU BOUGHT ONLINE, OVER THE TELEPHONE OR BY EMAIL, YOU SOMETIMES HAVE A LEGAL RIGHT TO CHANGE YOUR MIND

17.1 Your legal right to change your mind

For most of our products bought online, over the telephone or by email, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

17.2 Your legal rights

  • You have 14 days to change your mind about products bought online, over the telephone or by email.
  • You pay the costs of return.

17.3 When you can’t change your mind

You can’t change your mind about an order for:

  • digital products, after you have started to download or stream these;
  • services, once these have been completed;
  • sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
  • goods that are made to your specifications or are clearly personalised; and
  • goods which become mixed inseparably with other items after their delivery.

17.4 The deadline for changing your mind

If you change your mind about a product you must let us know no later than 14 days after:

  • the day we deliver your product, if it is goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery;
  • the day we confirm we have accepted your order, if it is for a service, for example installation and/or configuration of products;
  • the day we confirm we have accepted your order, if it is for digital content for download or streaming, although you can’t change your mind about digital content once we have started providing it.

17.5 How to let us know

To let us know you want to change your mind, contact our Customer Service Team by visiting https://content.lamicro.co.uk/tickets-view and raising a support ticket.

17.6 You must return the product to us

If your product is goods, you must return it to us within 14 days of telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can send the product back to us using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time, we won’t refund you the price. For help with returns, visit https://content.lamicro.co.uk/tickets-view and contact our Customer Service Team.

17.7 We only refund standard delivery costs

We don’t refund any extra you have paid for express delivery or delivery at a particular time.

17.8 You have to pay for services you received before you change your mind

If you bought a service (such as installation of products) we don’t refund you for any of those services we had performed before you told us you’d changed your mind.

17.9 We reduce your refund if you have used or damaged a product or its packaging

If you handle the product in a way which would not be acceptable in a shop, we reduce your refund to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, tags have been removed, the packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team at https://content.lamicro.co.uk/tickets-view can advise you on whether we’re likely to reduce your refund.

17.10 When and how we refund you

If your product is a service, digital content or goods that haven’t been delivered or that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

  1. YOU CAN END AN ON-GOING CONTRACT

We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process, and we confirm this information to you in writing after we’ve accepted your order.

  1. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT

19.1  If you think there is something wrong with your product, contact our Customer Service Team at https://content.lamicro.co.uk/tickets-view. They will explain what you need to do to exercise your rights under these terms. In most cases you will need to return the product to us. When doing so, you must follow our instructions in relation to packing the product for return, to avoid it being damaged in transit. Return shipping costs are dealt with in clause 16.2. The product remains at your risk until it is delivered to us, so you should use a tracked and insured service. If, on examination, we find no fault with a returned product, we may ask you to pay the reasonable cost of returning it to you.

19.2  Manufacturer’s warranties may apply to certain products. If the benefit of any manufacturer’s warranty in relation to a product can be passed on to you, we will do so. There may be a specified process to pass on the benefit of a manufacturer’s warranty, which you will need to comply with in order to obtain the benefit of the warranty. The validity of a manufacturer’s warranty will also be subject to conditions which can be obtained from the manufacturer and are normally accessible on the manufacturer’s website by reference to the model/serial numbers of the product. Manufacturers’ warranties will be invalidated if you fail to comply with the manufacturer’s warranty conditions, for example by replacing parts with parts manufactured by somebody else, using the product for purposes which are unlawful or for which it was not designed, or failing to use or maintain the product in accordance with the manufacturer’s instructions. Manufacturers generally allocate their products for sale in specified geographical regions, for example the UK, Europe, the USA, EMEA or other regions. A manufacturer’s warranty may also be invalidated if you buy the product from us in one manufacturer’s region and sell it on to another person in a different region. Clause 20 explains why manufacturer warranties and support will often not be available on used equipment.

19.3  Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Nothing in these terms affects your statutory rights as a consumer.

Summary of your key legal rights

If your product is goods, for example server parts, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get a refund.
  • Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, for example software, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • If your digital content is faulty, you’re entitled to a repair or a replacement.
  • If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
  • If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

If your product is services, for example engineering services, the Consumer Rights Act 2015 says:

  • You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  • If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
  • If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

19.4  Your rights if you are a business.

19.4.1  We warrant that on delivery, and for a period of 30 days from the date of delivery (the warranty period), any products which are goods shall:

  • subject to clauses 14 and 20, conform in all material respects with their description and any relevant specification in our quotation or on our website;
  • be free from material defects in design, material and workmanship;
  • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
  • be fit for any purpose held out by us in writing.

19.4.2  In addition to the above warranty, we may provide enhanced warranty protection on certain products. Details of any enhanced warranty protection will normally be set out on the relevant product page on our website. We may also agree specific enhanced warranty terms with you, which we will confirm in writing when supplying the product to you.

19.4.3  Any warranty we give will be invalidated if you fail to follow our own or any manufacturer’s instructions for the installation, use, care and maintenance of the product, interfere or tamper with the product (for example, by replacing parts), or use the product for purposes which are unlawful or for which it was not designed.

19.5  Your remedies if you are a business. Unless an exception applies (see clause 19.6), if:

  • you give us notice in writing during the warranty period, within a reasonable time of discovery, that a product does not comply with the warranty in clause 19.4;
  • we are given a reasonable opportunity of examining the product; and
  • you return the product to us in accordance with clause 16.2,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full, and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

19.6  Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the warranty in clause 19.4 if:

  • you make any further use of the product after telling us it is non-compliant;
  • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
  • the defect arises because we followed any drawing, design or specification supplied by you;
  • you alter or repair the product without our written consent;
  • the defect arises because of fair wear and tear, wilful damage, negligence or abnormal working conditions;
  • the failure relates to software, firmware, licensing, support entitlement, manufacturer registration or prior configuration, as described in clause 20; or
  • the product was sold “as is” under clause 20.7.
  1. SOFTWARE, LICENSING AND USED EQUIPMENT

20.1  Software is licensed by its vendor, not sold by us. Any software or firmware supplied with, or installed on, any product is licensed by the relevant manufacturer or software vendor under its own licence terms, which you must accept and comply with. We are not a party to that licence and, except as expressly stated in these terms or in writing on our quotation or invoice, we give no warranty or representation in relation to software.

20.2  No licence transfers with used equipment unless we say so in writing. Unless expressly stated in writing on our quotation or invoice for the specific order, the sale of used equipment conveys no software licence, subscription, support or maintenance entitlement, or any other right to use vendor software or services. This applies regardless of whether any software, licence files or firmware (beyond that required for the hardware to operate) are installed on the equipment at the time of sale. Where a vendor’s terms require a new owner to obtain a fresh licence, register the equipment under its own account, or obtain the vendor’s consent to any transfer, that is your responsibility. We make no representation that any licence will transfer, novate or continue on a change of ownership.

20.3  Your responsibility for licensing compliance. You are solely responsible for:

(a)  reviewing the licensing terms of the relevant manufacturer or vendor that apply to the equipment;

(b)  obtaining, at your own cost, any licence, subscription or support entitlement needed to operate the equipment lawfully and in accordance with those terms; and

(c)  your ongoing compliance with those terms.

We are not responsible for advising on, sourcing or funding any such licence. Any information we give about typical licensing requirements is general guidance only and is not licensing or legal advice.

20.4  Manufacturer refusal. We are not liable for any refusal by a manufacturer or software vendor to license, activate, register or validate equipment bought from us; to honour, transfer or renew any warranty or support entitlement; or to provide firmware, updates, patches or technical support — whether because of the vendor’s policies on secondary-market equipment, the equipment’s ownership history, geographic restrictions or any other reason. Such a refusal is not a defect in, or a misrepresentation about, the equipment.

20.5  Data sanitisation. Where used equipment contains storage media or retains configuration data, we sanitise it before sale in accordance with NIST SP 800-88 (Purge) or an equivalent recognised standard, unless we state otherwise in writing. As a result:

(a)  used equipment is sold without any previous owner’s configuration, data, credentials, licence files or software entitlements, and their absence is not a defect;

(b)  where sanitisation requires a firmware or operating-system update, the version installed at the time of sale may differ from the version originally shipped by the manufacturer, and unless we state a specific version in writing we make no representation about the version installed; and

(c)  you accept used equipment in its post-sanitisation state, and you have no claim against us arising from the removal of any prior configuration, data, software or entitlement.

20.6  Sales representations. Our staff, agents and representatives are not authorised to represent that any software licence, support entitlement or vendor warranty will transfer to you unless we have confirmed it in writing and it is stated on the relevant quotation or invoice. Any contrary statement made orally, or in any marketing or promotional material, is made without our authority and does not bind us. If licensing, support or manufacturer warranty is material to your intended use, you should verify the position with the manufacturer before ordering.

20.7  “As is” sales to business customers. Where our quotation or invoice states that equipment is sold “as is”, “as seen”, “untested”, “spares or repair” or “without warranty”, and you are a business customer, the warranty in clause 19.4 does not apply to that equipment. It is sold with all faults, and you must satisfy yourself as to its condition before ordering. This clause does not apply to consumers.

20.8  Condition grading. Used equipment is sold on the basis of the condition grade or description stated in our quotation or on our website when you order. Minor cosmetic variations from photographs or descriptions (such as surface marks, label residue or chassis scuffs consistent with previous data-centre use) are inherent in used equipment and are not a misrepresentation or a breach of any warranty as to description, provided the stated functional specification is met.

20.9  Consumers. If you are a consumer, nothing in this clause 20 affects your statutory rights. Please note, however, that we describe used equipment as hardware-only, and your statutory right to receive goods that are as described is assessed against that description.

  1. WE CAN CHANGE PRODUCTS, AND THESE TERMS

21.1  Changes we can always make. We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements;
  • to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the product; and
  • to update digital content, provided that the digital content always matches the description we provided to you before you bought it. We might ask you to install these updates.

21.2  Changes we can only make if we give you notice and an option to end the contract. We can also make other changes to an on-going product, or to these terms as they apply to an on-going contract, but if we do so we will notify you in advance, and you can then contact our Customer Service Team to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance but won’t receive.

21.3  Changes to these terms for future orders. We may update these terms from time to time by publishing a new version on our website. Each version shows its version number and effective date. The version in force when you place your order is the version that applies to that order.

  1. WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)

22.1  We can suspend the supply of a product. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the product (see clause 21).

22.2  We let you know, may adjust the price and may allow you to end the contract. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend an on-going product for longer than 14 days in any 3-month period, we adjust the price so that you don’t pay for it while it is suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 30 days, you can contact our Customer Service Team to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

22.3  We can suspend supply if you don’t pay. As set out in clause 11.2, if you are a business customer and you don’t pay us when you’re supposed to, we can suspend supply of the products until you have paid the outstanding amounts.

  1. WE CAN WITHDRAW PRODUCTS

We can stop providing a product, such as an on-going service or a subscription for digital content or goods. We let you know at least 7 days in advance, and we refund any sums you’ve paid in advance for products which won’t be provided.

  1. WE CAN END OUR CONTRACT WITH YOU

24.1  We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

(a)  you don’t make any payment to us when it’s due and you still don’t make payment within 3 days of our reminding you that payment is due;

(b)  you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product — for example, information about a sales cycle on constrained or embargoed product, end-user or end-use information, or anything else required for our compliance with any applicable laws or regulations;

(c)  you don’t, within a reasonable time, allow us to deliver the product to you, or you don’t collect it from us (or arrange for its collection) on the collection date we have agreed;

(d)  any of the circumstances in clause 8.8 (sanctions and export control) arises; or

(e)  you are a business customer and any of the events in clause 24.2 happens.

24.2  The events referred to in clauses 7.8 and 24.1(e) are that you: stop or threaten to stop paying your debts as they fall due, or are unable to pay them; enter into administration, liquidation (other than for the purpose of a solvent reorganisation), receivership or any similar process; propose or enter into any arrangement with your creditors; have any step taken to appoint an administrator, receiver or similar officer over any of your assets; or become subject to any equivalent event in any jurisdiction.

  1. WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS

25.1  Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 13.
  • Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update, by correctly following the installation instructions, or by having the minimum system requirements advised by us.
  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in clause 25.2.
  • Caused by misuse, abuse or failure to follow instructions. We will not be responsible for any loss or damage caused by your misuse or abuse of any product, or its use for purposes for which it is not designed, or which results from any failure to follow instructions for use of the product which are supplied with it (whether by way of hard-copy instructions or links to our own or any manufacturer’s website or other media).

Nothing in these terms affects your statutory rights as a consumer.

25.2  Our liability to businesses. If you’re a business customer, then, except in respect of the losses described in clause 25.3:

  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: loss of profit; loss of business, contracts or revenue; loss of anticipated savings; loss of, damage to or corruption of data, or the cost of restoring data; loss of use; loss of goodwill; wasted expenditure; indirect or consequential loss; or loss arising from any software, licensing, manufacturer-refusal or sanitisation matter covered by clause 20, in each case arising under or in connection with any contract between us;
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the total sums paid by you for the products under that contract; and
  • you are responsible for maintaining adequate and current back-ups of your data, and for testing products in a non-production environment before relying on them.

25.3  Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

  • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • defective products under the Consumer Protection Act 1987; or
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.

25.4  No implied terms about goods. If you are a business customer then, except to the extent expressly stated in clause 19.4, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

  1. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

How we use any personal data you give us is set out in our Privacy Notice: https://lamicro.co.uk/privacy-policy/

  1. YOU HAVE OPTIONS FOR RESOLVING DISPUTES WITH US

27.1  Contact our Customer Service Team: https://content.lamicro.co.uk/tickets-view

27.2  If you are a consumer and we are unable to resolve your complaint through our Customer Service Team, we will write to you with details of a certified alternative dispute resolution provider and tell you whether we are prepared to use it. We are not obliged to use alternative dispute resolution.

27.3  You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts, and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business customer, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

  1. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

28.1  We can transfer our contract with you, so that a different organisation is responsible for supplying your product. If you are a consumer, we will tell you if we do this, and it will not affect your rights under the contract.

28.2  You can only transfer your contract with us to someone else if we agree to this. If you’re a consumer we may not agree if we feel there is a conflict of interest. If you’re a business customer you need our agreement to transfer your contract with us, and it’s entirely up to us whether we give it.

28.3  Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it, and neither of us will need to ask anybody else to sign off on ending or changing it.

28.4  If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

28.5  Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

28.6  Notices. Any notice you give us under these terms must be in writing and sent to our head office address in clause 1.2 or through our Customer Service Team at https://content.lamicro.co.uk/tickets-view. We may give notice to you by email to the address on your order or account, and it will be treated as received on the day it is sent, or the next working day if sent outside working hours.

LA Micro Group (UK) Limited | Registered in England No. 05113241 | VAT Reg No. GB850109651