Terms and Conditions

49 086 416 088 ("Penticom") subject to these terms and conditions. Any person, entity or corporation placing orders for goods/products with Penticom ("Customer") is bound by these terms and conditions. No other terms or conditions will apply to the supply of products by Penticom unless they are accepted in writing by Penticom. The catalogue is intended for use by customers or private individuals.

 Penticom will not be in breach of its contact with the customer for any delays in performing, or failure to perform, its obligations under these terms and conditions if delays or failure were due to any cause or circumstance beyond Penticom’ reasonable control (which shall include, but not be limited to, government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes or the inability to obtain or a delay in obtaining supplies of products). Penticom may, as its option delay the performance of, or cancel the whole or any part of a purchase Contract.

· Repaired or altered the goods without written consent of Penticom’ authorised officers or

· Subjected the goods to conditions outside the manufacturer’s stated instructions on storage, usage, installation, use or maintenance.

GENERAL

 All orders for products will be accepted by Penticom Pty Ltd ABN 49 086 416 088

 PRICES

 Whilst Penticom will try to maintain prices specified in the website, Penticom reserves the right to change the price of any product without notice. Non-website items will be sold at the prices set out in the relevant quotations supplied by Penticom. Any prices quoted in writing by Penticom will be for a period of 14 days from the date of the offer. All prices specified by Penticom in the website include goods and services tax (GST). Any Recommended Retail Prices or Special Sale Prices already inclusive of GST.

PAYMENT

Payment by cash, credit card, or direct deposit is required with order prior to delivery. Any subsequent refund of orders paid for by credit card will be made to the relevant credit card account. Cheques and postal orders must be made out Penticom Pty Ltd and crossed. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, Penticom will be entitled to cancel any unfilled order. If legal action is taken to recover monies due to Penticom, the full balance on the account becomes due and payable and Penticom reserves the right to charge the Customer all fees incurred in such proceedings.

PRODUCT AND AVAILABILITY

With constant sourcing of product and developments in the recreation industry Penticom is constantly reviewing its product range. New products are added and Penticom reserves the right to discontinue any product or to change its design at any time. Penticom will not be liable in any circumstances for a failure to supply any product ordered by the Customer.

ORDERS

Penticom reserves the right to decline to trade with any person without giving reasons for doing so. To avoid duplication, written confirmation of telephone orders must be clearly marked "Confirmation only". Penticom will not accept liability for orders not so marked and duplicate orders will be charged accordingly. Penticom will use reasonable endeavours to meet delivery estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery or late delivery.

MINIMUM ORDER VALUE

There is no minimum order value, however there may be a minimum freight charge associated with the goods purchased on a sale at any one time.

ORDER AMENDMENT, SUSPENSION AND CANCELLATION

Orders can only be modified, suspended or cancelled after prior negotiation and agreement and the Customer must indemnify Penticom in respect of any expenses incurred by Penticom relating to the modification or cancellation of any order.

NON-STOCKED / INDENT ITEMS

Products marked as "Indent" or not included in our website are not stocked by Penticom and may have minimum order quantities or minimum line values applied to orders. Such items are intent items and require an irrevocable order.

BACKORDERS

Products not in stock at the time of receipt of the order by Penticom, will automatically be placed on backorder, unless otherwise requested.

EXPORT ORDERS

Customers are responsible at their expense for obtaining any licence and complying with any export regulations in force within this country and the country for which products are destined. Payment of overseas export orders is via Telegraphic Transfer prior to good being despatched. (bank fees may apply in addition to order value and freight).

DELIVERY

In order to keep freight cost as low as possible, Penticom has negotiated low freight rates based on high volume. Penticom reserves the right to charge the freight cost to the Customer unless other arrangements have been pre-arranged. Penticom uses these preferred carriers unless specifically requested by the Customer. If the Customer requests a specific carrier, we cannot guarantee access to despatch without prior notice. All freight costs for specific carriers cannot be prepaid; they must be "Freight Collect". For "Freight Collect", insurance responsibility for the products passes to the Customer once product has been passed to their carrier. Where Penticom are unable to supply a complete order from stock, this charge will only apply to the original despatch. All subsequent shipments to complete the order will be sent freight free.

INSPECTION, DEFECTS AND NON-DELIVERY

The Customer must inspect the products as soon as is reasonably possible after delivery and Penticom shall not be liable for any defect in the products or shortages in delivery unless written notice is given to Penticom within 7 days of delivery. In the case of non-delivery, the Customer must notify Penticom immediately the invoice is received, otherwise no liability can be accepted. Any liability of Penticom for non-delivery or defective products shall be limited to, at Penticom’ discretion, replacing or repairing the products within a reasonable time or to refund any monies already paid in respect to the products. The Customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception.

RETURNS

The Customer must telephone the sales office prior to returning any products. A Return Authorisation ("RA") form will be issued in approved cases and details including the original invoice number and date of purchase must be supplied by the Customer. Any product returned must be received by Penticom within 7 days of the original delivery and must be undamaged and unaltered and in original packaging. Certain products are excluded from the right of return and may not be returned under any circumstances. Products classified as static sensitive devices will only be accepted for return in exceptional circumstances and only where the Customer can prove to Penticom that the products have been handled correctly. Approved returns will be repaired or replaced only. The Customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception and a restocking fee of 20% applies.

WARRANTY

Any defects which under proper use, appear in the goods within a period of three months ( unless otherwise stated by Penticom) and which are due to faulty materials, workmanship or design will be made good by Penticom either by repair or at Penticom’ discretion replacement ( which is Penticom’ sole obligation and the Customer’s sole remedy under this provision). Penticom shall not be liable for defective goods if the defect arises because the Customer has:

Any goods replaced or repaired under this clause will be guaranteed on these terms for any unexpired portion of the warranty period given on the original products.

LIABILITY

Penticom shall not be liable to the Customer for any indirect or consequential damages, loss, expense or claims for consequential compensation whatsoever which arises out of or in connection with any Contract. To the fullest extent permitted by law, the Customer releases Penticom and associated entities from and against all liability whatsoever for any injury, loss or damage sustained by the buyer howsoever arising.

INTELLECTUAL PROPERTY RIGHTS

Any claim from the sale which may allege infringement of trade marks, trade names, patents, copy or property rights of other parties, shall be directed immediately by the buyer to Penticom and the buyer will give every assistance to Penticom in connection with such claim. The buyer will not itself, deal with, or compromise any claim which may occur.

DISCLAIMER

RELATIONSHIP

During the term hereof, the relationship between Penticom and the buyer is that of vendor and purchaser. The buyer, its agents, employees, and dealers, under no circumstances will be deemed to be agents or representatives of Penticom, nor will any of them have the right to enter into any contracts or commitments in the name of Penticom or otherwise to bind or commit Penticom.

JURISDICTION

This agreement shall be governed by the law of Victoria.

Specification and particulars in relation to products referred to in Penticom’s website are subject to change without prior notice. Some photographs contain samples un