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.