Terms and Conditions
PLEASE READ CAREFULLY
Please read our Tems and Conditions of Sale before placing an order. If you
wish to keep a copy for your records please print out this screen.
1. Definitions
In this Agreement, unless the context otherwise requires, the following expressions
have the following meanings:
1.2 'Supplier' means Pentad Ltd whose office is at:
32 The Street, Sporle, Kings Lynn, Norfolk, PE32 2DR. Registered in England
and Wales No. 2992174. VAT No. 636 9527 04.
1.3 'Goods' means the goods or services supplied by Pentad Ltd trading apentadr.co.uk
1.4 'Customer' means the person or company who purchases or agrees to purchase
goods or services from Pentad Ltd
2. General
2.1 These terms and conditions of sale apply to all software supplied by the
Supplier.
2.2 No contract exists between the Customer and the Supplier for the sale of
any software until the Supplier has received and accepted your order and the
Supplier has received payment in full (in cleared funds). Once the Supplier
does so, there is a binding legal contract between us.
2.3 An acknowledgement of your order will be sent to you via e-mail when you
place your order, but acceptance of your offer to buy the Software will not
take place until after your payment is taken and you receive your confirmation
of payment. It is at this point that a binding legal contract is created and
any contract is subject to these Terms and Conditions.
2.4 The Supplier may change these terms and conditions of sale without notice
to you in relation to future sales.
2.5 The contract is subject to your right of cancellation (9).
2.6 The Supplier reserves the right the decline any order for any reason.
3. Description of the goods
3.1 The description and price of the goods you order will be as shown on the
Supplier's website at the time you place your order.
4. Price of the Goods
4.1 Every effort is made to ensure that prices shown on the Supplier's website
are accurate at the time you place your order. If an error is found, the Supplier
will inform you as soon as possible and offer you the option of reconfirming
your order at the correct price, or canceling your order. If the Supplier does
not receive an order confirmation within 7 days of informing you of the error,
the order will be cancelled and you will be notified by email. If you cancel
your order prior to despatch, the Supplier will refund or re-credit you for
any sum that has been paid by you or debited from your credit/debit card for
the goods.
4.2 In addition to the price, you may be required to pay Value Added Tax and
any other taxes
5. Payment
5.1 Payment for the software and delivery charges can be made by any method
shown on the Supplier's website at the time you place your order. ..
5.2 There will be no delivery until cleared funds are received.
6. Delivery
6.1 Orders placed before 4:00 pm on a working day (Monday to Friday excluding
public holidays) will be processed that day and will be delivered as per the
requested delivery option..
6.2 The software you order will be delivered to the delivery/shipping address
given when you place your order.
6.3 If delivery cannot be made to your delivery/shipping address for reasons
under the Supplier's control, the Supplier will inform you as soon as possible
and refund or re-credit you for any sum that has been paid by you or debited
from your credit card for delivery.
6.4 If you fail to take delivery because you have cancelled your contract under
the Distance Selling Regulations 2000, the Supplier shall refund or re-credit
you within 30 days any sum that has been paid by you or debited from your credit
card for the software less any expenses incurred for failed delivery.
6.5 Every effort will be made to deliver the software as soon as possible after
your order has been accepted. However, the Supplier will not be liable for any
loss or damage suffered by you through reasonable or unavoidable delays in delivery.
6.6 Time for delivery shall not be of the essence. The software may be delivered
by the Supplier in advance of the quoted delivery date.
6.7 Upon receipt of your order you will be asked to sign for the goods received
in good condition. If for any reason you are unable to check the contents of
the package at time of delivery, please sign for the parcel as "UNCHECKED".
Failure to do so may affect any warranty claims that you make thereafter.
7 Risk/Title
7.1 The software is at your risk from the time of delivery
7.2 Licence to use the software shall not pass from the Supplier to you until
the Supplier has received in full (in cash or cleared funds) all sums due to
it in respect of:
7.2.1 the software, and
7.2.2 all other sums which are or which become due to the Supplier from you on any account.
7.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
8. Your right of cancellation
8.1 You have the right to cancel the contract at any time up to the end of 7
working days after ordering.
8.2 Each item of software is subject to individual End User Licence Agreements
(EULAs). Once you have accepted the conditions of the licence, which is part
of the installation procedure,, you cannot cancel the order.
8.3 To exercise your right of cancellation, you must give written notice to
the Supplier by letter or via email, giving details of the goods ordered and
any order reference. Notification by phone is not sufficient.
8.4 Once you have downloaded, or taken delivery of the software, you cannot
cancel the order.
8.5 Once you have notified the Supplier that you are canceling the contract,
the Supplier will refund or re-credit you within 20 days for any sum that has
been paid by you or debited from your credit card for the software.
10. Returns
All returns are subject to the Suppliers published Returns Policy.
11. Warranty
11.1 Warranty is restricted to the media upon which the software is supplied.
All media supplied by the Supplier are warranted free from defects for 6 months
from the date of supply (unless otherwise stated). This warranty does not affect
your statutory rights as a consumer.
11.2 This warranty does not apply to any defect in the media arising from fair
wear and tear, willful damage, accident, negligence by you or any third party,
use otherwise than as recommended by the Supplier, failure to follow the Supplier's
instructions, or any alteration or repair carried out without the Supplier's
approval.
11.3 If them media supplied to you is damaged on delivery, you should notify
the Supplier in writing via the email address or fax number shown below within
48 hours.
11.4 If the media supplied to you develops a defect while under warranty or
you have any other complaint about the media, you should notify the Supplier
in writing via the email address or fax number shown below, as soon as possible,
but in any event within 7 days of the date you discovered or ought to have discovered
the damage, defect or complaint.
12. Limitation of Liability
12.1 Subject to 12.1.4 below, if you are a consumer the Supplier shall
not be liable to you for any loss or damage in circumstances where:
12.1.1 there is no breach of a legal duty owed to you
by the Supplier or by its employees or agents;
12.1.2 such loss or damage is not a reasonably foreseeable
result of any such breach;
12.1.3 any increase in loss or damage resulting from
breach by you of any term of this contract.
12.1.4 Nothing in these conditions excludes or limits
the liability of the Supplier for death or personal injury caused by the Supplier´s
negligence or fraudulent misrepresentation.
12.2 If you are a business customer the Supplier shall not
be liable to you for any indirect or consequential loss or damage (whether for
loss of profit, loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with this agreement.
13. Images
13.1 All drawings, illustrations, product images are for illustrative purposes
only may differ to the actual product.
13.2 Drawings, illustrations, product images or other technical documents issued
either before or after the conclusion of the agreement for the use or information
of the customer shall not be copied, reproduced or communicated to any third
party without the Suppliers prior written consent.
14. Data Protection
The Supplier will take all reasonable precautions to keep the details of your
order and payment secure but unless the Supplier is negligent, the Supplier
will not be liable for unauthorised access to information supplied by you.
15. Applicable Law
These terms of sale and the supply of the goods will be subject to English law
and the English courts will have jurisdiction in respect of any dispute arising
from the contract.
16. Our Right of Cancellation
If for reasons beyond our reasonable control, including but not limited to an
inability or failure on the part of the manufacturers or suppliers of the goods
to supply the goods to us, we are unable to supply the goods to you, we may
cancel the agreement at any time before the goods are delivered by giving notice
to you. We shall promptly repay to you any sums paid by you or on your behalf
under or in relation the agreement. We shall not be liable for any other loss
or damage whatever arising from such cancellation.
These Terms and Conditions are effective from 01 July 2005 until further notice.