Terms and conditions

AustSTOR Pty Ltd.

Unless otherwise agreed in writing and signed on behalf of AustSTOR Pty Ltd., (ABN 94 059 440 407), hereafter called “AustStor”, all orders and offers made by a Customer for goods and services to be supplied by AustSTOR shall be subject to the following terms and conditions.

1. Price

The price for goods and services shall be AustSTOR's current list price or current quoted price (as the case may be), at the date on which AustSTOR accepts the order. Any delivery costs will be the subject of a separate charge.

2. Payment

Unless credit facilities have been established all sales shall be made on a cash with order basis. Payment shall be as per the terms on this invoice.

3. Risk and Title

The risk in goods shall pass to the Customer on delivery, but title shall not pass until the goods have been paid for in full.

4. Orders

(a) AustSTOR will endeavour to fill orders promptly, but will not be liable in any respect of any delay occurring in the supply of goods or services.

(b) Where the Customer desires to amend an order or delivery schedule and AustSTOR is prepared to accept the amendment, the price shall be amended to the additional cost resulting from the amendments.

5. Restocking Charge

Customer may cancel order for product only if a notification of cancellation is received in written form at AustSTOR. Such notice of cancellation must be addressed to the managing director. Customer agrees to pay a fifteen percent (15%) restocking fee for any product order cancelled within fifteen (15) days of the anticipated ship date. Orders may not be cancelled after ship date of product.  

6. Limited Warranty – Hardware Products

(a) AustSTOR warrants this Hardware product/s to be in good working order for a period as specified by the “Manufacturer” from the date of purchase unless AustSTOR expressly extends such warranty in writing. All warranty is serviced on a Return to Depot basis.

(b) During the period the customer may obtain on-site warranty service from AustSTOR or any other party AustSTOR may nominate, who at their option, will either repair or replace this product except as set forth below. Current on-site charges are available on request.

(c) This warranty is applicable only for products purchased in Australia. Repair parts and replacement products will be furnished on an exchange basis and will be either new or used. All replacement parts and products become property of AustSTOR. This limited warranty does not include service to repair damage to the product resulting from accident, disaster, transportation, misuse, abuse, or non-AustSTOR alteration of, repair of or attachment to the product.

(d) Limited warranty service may be obtained by delivering the product during warranty period to AustSTOR or any other dealer AustSTOR may nominate and providing proof of purchase date. If the product is mailed or shipped the Customer assumes the risk of loss or damage in transit and must prepay mailing or shipping charges to and from the warranty service location and to use the original shipping containers or equivalent. The Customer should contact AustSTOR for further information.

(e) In no event should AustSTOR be liable to the Customer for any damages including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use such product, even if AustSTOR has been advised of the possibility of such damages, or for any claim by any other party. And, AustSTOR makes no warranty as to the suitability of the goods for the particular purpose for which the goods are being acquired by the purchaser.

7. Limited Warranty – Software Products

(a) DEFINITIONS

“Media” means the tangible property on which a program is recorded and includes a diskette or cassette. The media is sold to the Customer to enable them to use the program:

“Program” means the intangible intellectual property recorded on the media. The proprietary rights in the program are not sold, but are retained by the manufacturer and/or its suppliers.

(b) LIMITED WARRANTY

The program is provided “as is” without warranty of any kind, express or implied, including warranties of merchantability and fitness for a particular purpose. Should the program prove defective the Customer is responsible for the entire cost of all necessary servicing, repair or correction. AustSTOR does not warrant that the functions contained with in the program will meet the Customer's requirement or that the operation of the program will be uninterrupted or error free. However, Austor warrants the media (diskette/s or cassette/s) on which the program is furnished, to be free from defect in materials and workmanship under normal use for a period of 90 days from the date of delivery to the Customer in Australia as evidenced by a copy of the receipt.

(c) LIMITATIONS OF REMEDIES AND LIABILITIES

(i) The replacement of any diskette or cassette not meeting this “Limited Warranty” which is returned to AustSTOR with a copy of the receipt; or

(ii) If AustSTOR is unable to deliver a replacement diskette or cassette which is free of defects in material and workmanship, the Customer may terminate this agreement by returning the program and the Customer's purchase price will be refunded. In no event will AustSTOR be liable to the Customer for any damages including any lost profit, lost savings or other incidental or consequential damages arising out of the use or inability to use such a program, even if AustSTOR has been advised of the possibility of such damages or for any claim by any other party.

8. Return of Goods

AustSTOR will not accept the return of any goods without a RA (Return Authorisation) number. The RA number will be allocated by AustSTOR to the Customer once the circumstances giving rise to the requested return have been accepted. Any goods returned without a RA will be returned to the customer at the customer's expense. The return of goods for credit must be accompanied by a copy of the invoice and appropriate RA number. Goods must be in resaleable condition, without additional stickers and with the packaging undamaged.

It is the policy of AustSTOR to not accept return of goods for credit, which have been correctly ordered and supplied.

9. Exclusive Statement

The Customer and AustSTOR agree that these terms and conditions are the complete and exclusive statement of the agreement between the Customer and AustSTOR which supersedes the terms and conditions attached to or contained with in the product package, any proposal or prior agreement, oral or written or any other communication between Customer on the one hand and AustSTOR on the other.

10. Denial Orders

Commodities supplied by AustSTOR will not be disposed/re-exported without obtaining prior written approval by AustSTOR, nor will they be sold to any person or firm listed on the US Department of Commerce Table of Denial Orders.

11. Governing Law

The agreement shall be governed in all respects by the laws of the State of New South Wales.