VIDEOCRAFT AUSTRALIA PTY LTD

TERMS AND CONDITIONS OF SALE

1. Definitions
   
   1. Company means Videocraft Australia Pty Ltd (ACN 065 480 579) of 511 Warrigal Road, Ashwood, 3147, Victoria, or Videocraft Equipment Pty Ltd (ACN 097 262 176) of Unit 5, 18-20 Hotham Parade, Artarmon, 2064, NSW as the case may be or any related body corporate of either of those two entities.
   2. Customer means the person purchasing the Equipment from the Company, including all persons acting on behalf of or under the instructions of the Customer.
   3. Equipment means the equipment listed on the invoice
   4. Purchase Price means the purchase price for the sale of the Equipment set out overleaf, together with any applicable taxes and duties.
2. Terms and Conditions
   The Equipment is sold strictly on the basis of the terms and conditions contained in this agreement. Modification of these terms and conditions expressed in any document of the Customer will not apply to the purchase of the Equipment unless expressly accepted in writing by the Company.
3. Sale of Equipment
   
   1. The Company agrees to sell the Equipment to the Customer and the Customer agrees to purchase the Equipment for the Purchase Price. The Purchase Price must be paid in full prior to the Equipment being removed from the Company's premises
   2. Where the Equipment consists of a number of items, the Company reserves the right to make partial delivery of the Equipment (and will invoice accordingly). The Company will not be liable for late delivery or non-delivery of the Equipment (or any part) and under no circumstances will the Company be liable for any loss, damage, or delay occasioned to the Customer arising from late or non-delivery of the Equipment (or any part).
4. Returns
   Goods may not be returned to Videocraft without prior authorization. In the event that you wish to return goods, Videocraft must be notified within 7 days of the invoice date by phone or email. Videocraft will assess your request and if applicable a Return Goods Authority (RGA) will then be issued to the customer. An RGA must accompany all return goods. Goods must be returned to the Videocraft store elected on the RGA. All responsibility for the return of goods is with the customer. The return of goods is subject to the following conditions;
   
   1. If the goods are defective, Videocraft must be notified within 7 days of the invoice date. Goods must be accompanied by a return goods authority. All responsibility for the return of the goods complete and undamaged with original packaging, manuals and accessories is with the customer. Goods must be adequately packed for shipping. Videocraft take no responsibility for return goods until received in our store. On receipt of goods, the company will confirm the fault and repair or replace your goods based on the terms and conditions of the manufacturers warranty conditions. Videocraft will endeavour to make this turn around time as short as possible. The customer will bear the cost of reshipping return goods after repair or replacement
   2. Videocraft reserve the right to refuse to accept return goods that are not faulty or defective. Videocraft must be notified within 7 days of the invoice date. Goods must be returned accompanied by a return goods authority. A restocking fee of 15% will be incurred by the customer. All responsibility for the return of the goods - unopened and undamaged in their original packaging is with the customer. Goods must be adequately packed for shipping. Videocraft take no responsibility for return goods until received in our store. Refunds will only be processed when goods have been received and checked by Videocraft.
   3. Software may not be returned to Videocraft without prior authorization. Videocraft must be notified within 7 days of the invoice date by phone or email. Once assessed that the software is faulty or defective, Videocraft will issue a Return Goods Authority (RGA).Please note that software must be returned in its original packaging and carton. Due to manufacturers guidelines, Videocraft will not accept the return of software if found to be neither faulty or defective and the plastic seal has been broken. The company recommend that all customers refer to the manufacturer's website for minimum system requirements before purchasing software. It is the sole responsibility of the customer to ensure that their hardware is compatible with software purchased from Videocraft.
   4. Videocraft do not accept non faulty returns on computer hardware.
5. Title
   Title to the Equipment will only pass to the Customer upon payment in full of the Purchase Price and the Customer acknowledges that the Company has a lien on the Equipment until such time as all monies due under this agreement are paid in full. In the event the Customer defaults in payment of any monies owing to the Company or any term hereof or any contract between the parties, or any credit account is terminated by the Company, or the Customer enters into liquidation, administration, has a receiver, receiver and manager or mortgagee in possession appointed, becomes insolvent the Company shall be entitled, at its election, to the immediate return of the Equipment and shall have the right to enter, and is hereby expressly authorised to enter, upon the premises of the Customer or any other premises at which the Equipment is stored to re-possess any of the Equipment supplied by the Company. In the event the permission of any third party is required for access to repossess the Equipment, the Customer shall obtain that permission at its own expense. Upon the repossession of the Equipment by the Company, the Company shall be entitled to re-sell the Equipment for the best price it can obtain in the short term. The Customer shall have no claim against the company for any damages or other monies whatsoever if the Company repossesses or attempts to repossess the Equipment .
6. State of Equipment
   The Customer acknowledges receipt of the Equipment in good working order and good condition. Although the Company uses a thorough checking system, the Company will not be responsible for incomplete kits, incorrect functioning of Equipment or incompatibility of the Equipment with any other equipment or software used by the Customer. The Company makes no warranties as to the adequacy of the Equipment for any task required of it by the Customer
7. Termination
   
   1. If the Customer defaults in punctual payment of any amount due under this agreement, is in breach of any term of this agreement, is declared bankrupt or enters into any agreement for the benefit of its creditors or if any execution of distress is levied against it and remains unsatisfied, or being a company, is placed into receivership or goes into liquidation, then in any such case the Company may without further notice, and without prejudice to any of its rights, terminate this agreement.
   2. In the event of termination the Customer must immediately at its own risk and cost deliver up the Equipment to the Company PROVIDED HOWEVER that in the event that the Customer neglects and/or refuses to do so, it is agreed that the Company, its servants and agents may without prior notice and without liability for trespassing or any resulting damage, enter any premises where the Equipment is situated and seize and retake possession of the Equipment. It is further agreed that the Customer will be liable to pay upon demand all costs and expenses which are incidental to any such retaking of possession incurred by the Company, together with penalty interest calculated at a rate which is 2% above the 90 day bank bill rate of the Company’s bank from time to time.
   3. Upon termination, we will invalidate any logon issued to you and you must return or dispose of the Documentation in the manner directed by us.
   4. Termination of these Conditions will not affect any rights or remedies that we may have otherwise under these Conditions or at law.
8. Acceptance
   Permission to access and use this Site ('Site') at www.videocraft.com.au and any documentation in relation to this Site ('Documentation') is conditional upon Customer, agreeing to the terms and conditions above and the terms and conditions of use set out below. Acceptance will bind you to the Conditions. Do not proceed until you have read and accepted all of these Conditions and wish to become licensed to use the Site and Documentation.
9. Your obligations
   You must ensure that all information supplied to us, including registration details, is complete, accurate and current and immediately notify us of any change to such information and supervise and control access to, and use of, the Site and Documentation in accordance with these Conditions, including by ensuring that you keep your logon and password secure from third party access.
10. Alteration and copying
    Except with our express written consent or where authorised by these Conditions, you must not copy, reproduce, translate, adapt, vary or modify the Site or Documentation; or interfere with the workings of the Site. (This includes removing anything from it, adding to it, linking it to or from another website, and distributing any part of it to anyone else). If you take a copy of anything on the Site or in the Documentation you must attach to it a copyright notice and copy of the Conditions.
11. Exclusion and limitation of liability
    
    1. Except to the extent implied by any statute or regulation in force, the Company makes no warranties or representations in respect of the Equipment, including its fitness for any particular use, and the Customer accepts the Equipment solely relying on its own knowledge and opinion of the Equipment.
    2. The Company’s liability for a breach of any warranty implied by law is limited to the replacement of the Equipment, the supply of equivalent equipment, the repair of the Equipment, the payment of the cost of replacing the Equipment or of acquiring equivalent equipment or the payment of the cost of having the Equipment repaired.
    3. The Company will not be held liable for any loss, damage, indirect or consequential loss (financial or otherwise) caused by the Equipment to the Customer or to any property or persons, or as a result of the Equipment not being fit for any use to which it is put to by the Customer.
    4. We do not guarantee that the content of the Site or Documentation is accurate, complete or suitable for a particular purpose or that the Site is free from viruses, faults or defects and you agree to rely on your own judgement in relation to any matter of that type.
    5. You acknowledge that you have exercised your independent judgment in acquiring access to, and use of the Site and have not relied on any representation made by us or any of our Staff (except as expressly stated or referenced in these Conditions).
    6. To the maximum extent the law allows, we:
       
       1. exclude every warranty or condition of any kind that might otherwise apply in relation to the Site and Documentation, their content and their useability.
       2. are not liable and each of our employees and agents are not liable, for any liability, loss, damage or expense you incur or suffer that arises out of the use of (or reliance on) any of the content of the Site by you or your Staff or your inability to use the Site.
    7. Clause 12 (f) applies even if we have been informed that the liability, loss, damage or expense will or may result.
    8. We will not be responsible or liable for any delay or failure in performance resulting from anything outside our reasonable control, including, without limitation, delays or failures caused by third parties.
    9. We will not be liable to you in relation to your use of the Site or Documentation for any special, indirect, incidental, consequential or economic loss or damage (including loss of profits, revenue, anticipated savings, bargain, opportunity or goodwill) or any loss of, or damage to, data, whether or not the possibility of those losses or damages being suffered is brought to our attention.
    10. We are not liable for, and you indemnify and hold harmless us and our staff in respect of, all damages suffered or incurred by us and our staff as a result of any breach of the Conditions by you, any actual or alleged infringement of any intellectual property rights by you and any unauthorised use of the Site or your logon and password.
12. Intellectual Property Rights
    You acknowledge that you do not acquire any intellectual property rights in the Site and Documentation, including Copyrights or Trade Mark rights, except for those rights expressly set out in the Conditions. You must not, during or any time after the expiry or termination of the Conditions, permit any act which infringes our intellectual property rights and, without limiting the generality of the foregoing, you specifically agree that you may not copy the Site or Documentation except as otherwise expressly authorised by these Conditions.
13. Cookies
    You acknowledge that if you disable the use of cookies on your web browser or remove or reject specific cookies from the Site, then you may not be able to gain access to all the content and facilities of the Site. Alteration of content of Site and ConditionsWe may make changes to the Site without notice to you. However, we are not under any duty to do so. We reserve the right to make changes to the Conditions from time to time and may give you notice of those changes (including by e-mail) at our absolute discretion.
14. Privacy Policy
    We respect your privacy. Your personal information is for Videocraft use only and will not be made available to third parties. Your personal information is not required to browse our website. Information is only collected by your request and is recorded when:
    
    1. You register to subscribe to our newsletter and agree to receive updates on product information and events.
    2. You apply to hire equipment from us and complete the Videocraft rental application form.
    3. You place an online order with us. All information collected by us via online transactions including credit card details are secured via encrypted pages. As an extra measure of security all online transactions are followed up via telephone by a member of our staff to verify customer details.
15. Confidential Information
    You acknowledge that some of content of the Site and Documentation may be confidential (‘Confidential Information’). You must take all reasonable steps to safeguard our rights of ownership and confidentiality of the Confidential Information and must not disclose it to any person unless required by law to do so or with our prior written consent.
16. Novation, Assignment etc
    The Licence or these Conditions may not be dealt with in any way by you (whether by novation, assignment, sub-licensing or otherwise) without our prior written consent.
17. Severability
    If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.
18. Waiver
    The fact that we fail to do, or delays in doing, something we are entitled to do under this document, does not amount to a waiver of any obligation of, or breach of obligation by, you. A waiver by us is only effective if it is in writing and is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion
19. Governing law
    The Conditions are governed by and construed according to the law of the State of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
20. Notice
    A party notifying or giving notice under the Conditions must give notice in writing and sent to the e-mail or postal address of the other party as notified by the other party from time to time. The address for notices to Videocraft Australia Pty Ltd or Videocraft Equipment Pty Ltd, is 511 Warrigal Road, Ashwood, Victoria 3147, unless otherwise notified. Your address for notices will be as stated on the registration form unless otherwise notified. Such a notice is received if left at the recipient's address, on the date of delivery, if sent by prepaid post, 3 days after the date of posting or if sent by e-mail, immediately provided there is no error in transmission.
21. Authority
    Where any person signs this agreement on behalf of the Customer, the person so signing warrants that he or she is duly authorised by the Customer to enter into this agreement.
22. Governing Law
    This agreement will be governed by the laws applicable in the state of Victoria, Australia and both the Company and the Customer submit to the jurisdiction of the courts of that state and any courts competent to hear appeals from those courts.