Name of supplier Pentagon Computer Solutions Limited (‘we’ or ‘us’ in these terms and conditions) shall be supplying the goods and/or services to you.
What is to be provided to you by us We and you have agreed that we will supply to you the goods and/or services described in the Proposal. In these terms ‘Proposal’ includes our estimate, acknowledgement of order, special order form, repair and upgrade form as may be applicable.
Price The price for the items is as stated in the Proposal or any agreement into which these terms are incorporated. Payments for ongoing monthly support services shall be collected by Direct Debit. Payments for one off adhoc services shall be made by direct bank transfer. If we agree to accept a payment by cheque, then payment shall be from a UK bank, with the cheque payable to Pentagon Computer Solutions Limited, and crossed ‘A/C payee only’. Cheques from consumers may be accepted, but only if accompanied by a valid cheque guarantee card and then only up to the guaranteed card limit. Credit card payments may be accepted with the addition of a four and one half percent (4½ %) surcharge.
When payment is to be made You will need to make payment as stated in the Proposal. If this is not stated, you will need to pay on receipt of our invoice. Please note that unless the Proposal indicates otherwise we will only be able to deliver the items or perform the services when we have received payment (and this means that where you have paid by Direct Debit or by credit or debit card, the funds have reached our bank account).
Delivery Delivery of the items will be as stated on the Proposal and will be by the means stated.
When delivery will be made Our aim is to deliver the goods and/or perform the services within 30 days of acceptance of your order. It will not always be possible to do this, and we and you agree that we cannot guarantee we will deliver the goods and/or perform the services within 30 days. Where delay is caused by circumstances which are outside our control our aim is to complete the work as soon as we reasonably can.
7.1 Please note that you cannot cancel the contract once we have started to perform the service.
7.2 To cancel the contract you will need to send a letter to us. You can send the letter by post, email or by personal delivery. Contact details for where to send the letter are set out in paragraph 8.1. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified.
7.3 You cannot cancel this contract where you unseal or break the seal of any items which are computer software or audio or video products (e.g. compact disks or DVDs).
8.1 Our address is Pentagon Computer Solutions Limited Unit 14 Design Works, William Street, Felling, Gateshead, Tyne and Wear NE10 0JP. Email: firstname.lastname@example.org Telephone: 0191 5800 171 Out of Hours telephone: 07825 295 516
8.2 Complaints or comments. If you have any complaints about the goods or services or any aspect of the way we have dealt with your order please contact us by writing to the address given in Paragraph 8.1.
8.3 Cancellation or returns. If you wish to return any items, you must send them to us. You must pay the cost of returning the items to us. Letters or other communications should be addressed to us by writing to the address given in Paragraph 8.1.
Alternative goods or services From time to time it may not be possible to supply the items that you have ordered. If this occurs, we will notify you in advance and offer to provide substitute items of an equivalent quality and price to those we are unable to provide. If you agree you will pay any increased costs and we will refund any difference in price, as the case may be
Errors and Omissions Excepted Whilst we take care to make sure all relevant information is present and correct, occasionally an error or an omission will occur. In such circumstances we reserve the right to decline an order, withdraw offers or items from sale, amend descriptions and/or take any other steps we deem necessary. Any changes made are entirely at our discretion and can be made without prior notice.
Guarantee/Warranty Unless stated otherwise, for products we provide the following guarantee:
11.1 for new electrical products ordered from us: we guarantee that the product will be free from any defects for twelve (12) months from the date of purchase
11.2 for second user electrical products ordered from us and for any products which are not new: we guarantee that the product will be free from any defects for ninety (90) days from the date of purchase.
11.3 If the product has a defect within the above periods, you can choose whether to have it replaced or repaired, subject to the following: if the defect is minor in our reasonable opinion, and you selected to have the product replaced, we reserve the right to repair the item instead of replacing it.
11.4 For services we supply we warrant
11.4.1 to perform the services with reasonable care and skill and in accordance with generally recognised commercial practices and standards;
11.4.2 that the services will conform with all descriptions and specifications which we provide to you, including the Proposal; and
11.4.3 the services will be provided in accordance with all applicable legislation from time to time in force, and we will inform you as soon as we become aware of any changes in that legislation.
11.5 your rights under these terms and conditions are in addition to the statutory terms implied in your favour by the Supply of Goods and Services Act 1982 and any other statute.
11.6 the provisions of Clause 11.4 shall survive any performance, acceptance or payment pursuant to this agreement and shall extend to any substituted or remedial services we provide to you.
Ownership of goods We shall own the goods until we have received payment from you in full, even though the goods may have been already delivered to you. Where you have paid by Direct Debit or credit or debit card, ‘payment in full’ means that the funds have reached our bank account.
Limitation of liability
13.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem in writing at our contact address in paragraph 8.1 within 10 working days of the delivery of the goods in question.
13.2. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem in writing at our contact address in paragraph 8.1 within 40 days of the date on which you ordered the goods.
13.3. If you notify a problem to us under this condition, our only obligation will be, at your option:
13.3.1. to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or
13.3.2. to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause
14.1. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
14.2. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
14.3. We aim to carry out the services with reasonable care and skill. If any part of the services is performed negligently or in breach of the provisions of this agreement then, on your request, we will re-perform the relevant part of the services. We will not be liable to re-perform any part of the services which we have performed negligently or in breach of this contract unless you notify us in writing to our contact address in paragraph 8.1.
14.4. Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price you have paid us.
14.5. Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.
Entire agreement These terms and conditions and the agreement into which these terms are incorporated, together with our Policies, our current website and the Proposal set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Invalidity If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Law and jurisdiction The validity, construction and performance of this contract shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts to which you and we submit.
Third parties For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Company Number: 07708394
Pentagon Computer Solutions Limited
Unit 14 Design Works, William Street, Felling, Gateshead, Tyne and Wear NE10 0JP.
Telephone: 0191 5800 171