Terms And Conditions

1. Definitions
"You the customer" a person or company buying or using Kobalt products.
"Business Customer" a company with a network.
"Consumer" a private person buying Products for private use.
"Kobalt" (us, our) the Product vendor as identified on your invoice and, where relevant, Service Provider.
"Integrated Customer Specified Software" (ICSS) 3rd party software or customer downloads installed by Kobalt.
"Factory Integrated Components" (FIC) Integrated 3rd party components installed by Kobalt.
"Order Confirmation" acknowledgement of Product ordered by you, sent by Kobalt.
"Price" stated in Order Confirmation.
"Product" as described in Order Confirmation, may include 3rd Party Products and Service Offerings.
"Service Offering" as described in Order Confirmation and Kobalt service description document.
"Service Provider" Kobalt or its authorised service experts.
"3rd Party Products" stated in Order Confirmation, not branded or manufactured by Kobalt.
"Software" computer operating systems or applications.

2. Application
This Agreement applies to this sale, service and all statements made by Kobalt in brochures, price lists, adverts, quotations, on the internet or verbally. Variations to this Agreement must be made by Kobalt in writing. Any other Terms, Conditions or Purchase Orders are excluded. Placing your order means acceptance of this Agreement. Kobalt may change this Agreement at its choosing.

3. Orders/ Contract
Orders are accepted by writing, internet, telephone or fax but are only binding when accepted by Kobalt and Kobalt sends out the Order Confirmation in writing. Please check the Order Confirmation and notify Kobalt of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement.

4. Price & Payment Terms
Quotations are only valid in writing and during the period that they state. If unstated, the period is 14 days. Kobalt reserves the right to change Products (incl. 3rd Party Products) at any time but Kobalt guarantees you at least equivalent functionality and performance. Price excludes tax, shipment, insurance and installation. Exchange rates, duties, insurance, freight and purchase costs (incl. for components & services) may cause Kobalt to adjust prices. Payment will be made before supply or service or, if agreed, within 30 days of the invoice date. Kobalt may suspend deliveries or service until full payment. If payment is late, 2% above the minimum lending rate on the late amount and the costs of recovery shall be payable by you. Cheques may only be accepted conditionally.

5. Delivery/Title/Risk
The delivery period in the Order Confirmation is approximate. Delivery by instalments may be made. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. Kobalt may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Kobalt's agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Kobalt may sue for the Price before title passes. If you refuse delivery without Kobalt's agreement, you must pay Kobalt's expenses or loss resulting from that refusal, including storage costs, until you accept delivery.

6. Acceptance
When you receive Product you must inspect it promptly and within any reasonable period for inspection or rejection, if any. After this period, you will have accepted Product. If Kobalt agrees to the return of the Product at its choosing, it must be in its original condition with packaging, with an Kobalt issued returns number and proof of purchase; the return costs may also be payable by you.

7. Warranty
Kobalt guarantees to you that Product (excl. 3rd Party Products) will be free from defects for 12 months from delivery and spare parts for 365 days from installation. Should Product be defective within this period, Kobalt will repair or replace Product within a reasonable time. You must allow Kobalt to examine Product at your or Kobalt's premises (at our choosing). Kobalt owns any replaced Product or parts. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. Kobalt manufactures and repairs using components, which are new or equivalent to new in accordance with industry standards and practice.

Kobalt does not give a warranty or guarantee protection for: 1. damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself;
2. damage caused by any party or other external force;
3. fitness for any particular purpose;
4. 3rd Party Products, ICSS and FIC specified by you. You will receive the warranty for these products directly from their manufacturer or licensor.
5. any instruction given by you and correctly performed by Kobalt.

If the warranty period is extended beyond 12 months the above applies to this extended period.
8. Services
Services will be provided by Kobalt or Service Provider. Response times are estimates and may vary according to the remoteness or accessibility of Product location. Service may be provided via telephone or internet where appropriate. If agreed and stated in Order Confirmation, Service Offering may include advice, asset tagging, installation, integration, disposal, training and/or consultancy.

Unless stated in Order Confirmation, the following are excluded from Service: items excluded from Warranty, changes to configuration, relocation, preventative maintenance, consumables, diskettes, unnecessary work in Kobalt's assessment, electrical environment, transfer of data or Software, viruses. 3rd Party Products will be repaired according to manufacturer or licensor warranty. Parts not critical to Product function (eg: hinges, doors, cosmetic features, frames) may not be serviced within Service Offering time period.