Terms and Conditions
The Following are the terms and conditions under which Storm FX Distributions Pty Ltd (Storm FX) sells Products, Licenses and Services in Australia and New Zealand:
1. Definitions
1.1. Products refers to equipment, services and software supplied by Storm FX
under these terms
1.2. Equipment refers to hardware products supplied by Storm FX
1.3. Services refers to maintenance, consulting, integration or training services
provided by Storm FX
1.4. Software refers to computer programs supplied by Storm FX
1.5. Third Party Equipment, Products and Software refers to equipment, products
and software supplied by Storm FX under the brand name of a third party
2. Prices
2.1. Prices and charges will be specified in the Quote
2.2. The price relates to the purchase of all products and/or services. Storm FX does
not represent in any way that it will supply one or more of these products or any
part of the services at a price less than the total net price stated in respect of
the products and services in the Quote.
2.3. All prices are inclusive of GST where applicable but do not include any import
duties or taxes that may be payable on certain orders.
2.4. Shipping costs are included as a separate item, but Storm FX reserves the right
to increase these charges. These charges will not exceed the fees paid by
Storm FX to the common carrier.
3. Orders
All orders are subject to acceptance by Storm FX. Where electronic orders are
available, they will satisfy and legal requirements that agreements be in writing.
4. Supply of Products and/or Services
In the event that Storm FX supplies products and/or services to the client:
4.1. Software shall be supplied on the terms and conditions of the software owner’s
or principal licensee’s standard terms and conditions (EULA) and the client agrees
to sign any documents and do all things that are necessary to comply with the
terms and conditions of any relevant licensee or sub-licensee.
4.2. Storm FX shall deliver the products to the clients address shown in the Quote,
as soon as reasonably practicable after agreeing to supply such products but
shall be under no liability whatsoever for any failure or delay in the deliver
thereof, Regardless of the cause of such failure or delay and the Client shall pay
Storm FX reasonable handling and delivery costs.
4.3. The products shall be at risk of the client from time of delivery of the products
to the Client’s premises.
4.4. The Products shall remain property of Storm FX until they have received
payment in full and, in the event that payment is not made in accordance with
these Standard Terms, In addition to any other remedies that Storm FX may
have, they hold the right to obtain relevant legal services to obtain any monies
owing, and it will be the clients responsibility to cover any and all costs involved in
obtaining payment. The client agrees to payment of 30% deposit (except where
clause 4.5 applies) at time of order, and any balance on delivery or if Storm FX
agrees to supply the Products or Services on credit shall pay for the Products and
Service(s) within & days of the date of the invoice and Storm FX may withdraw its
agreement to provide credit at any time without cause.
4.5. Where the client accepts partial delivery of Products, then the supplied Products
will be invoiced at time of delivery.
4.6. Services purchased on a time and material basis will be invoiced on delivery of
such services.
4.7. Services related to a specific project or Installation of Products will be invoiced
on an agreed schedule based on the completion of pre–defined stages of the
Project or Installation, with the balance invoiced on completion of the Project
Installation.
4.8. Completion of the Installation shall be defined as acceptance by the Client that
the products are ready to use by the Client or indicated by actual operational use
of such Products by the client.
4.9. Should the Client elect to use some of the Products before the completion of
the Installation, Storm FX will invoice the Client for all Products in use and for
Services delivered to the client at the time.
4.10. Without limiting other remedies, which may be available to Storm FX, the client
shall pay to them interest on any and all amounts due for payment to Storm FX at
the rate of two percent above the Commonwealth Banking Corporation indicator,
from time to time calculated on daily rests from and including the date of the
payment.
4.11. In the event that the product is opened or the order is a special item, no
refunds are available from Storm FX unless Storm FX is able to secure permission
from the manufacturer or distributor for the return of the item/s. Any restocking
fees are the responsibility of the Client. In the event that the Client cancels a
regular order placed with Storm FX the Client shall notify Storm FX in writing within
14 days of receipt of order and pay a cancellation fee of twenty percent of the
amount agreed to be paid by the Client for such Products and/or Services. In no
event shall Storm FX be liable for any claims or damages including but not limited
to claims for faulty design, negligent or misleading advice, damages arising from
loss or usage of the system, indirect, special or consequential damages or injury to
any person, corporation or other entity. All product returns require a Return
Authorization Number (RMA) which must be displayed on the packing label when
shipping the items back to Storm FX.
4.12. All hardware unless otherwise stated has a ninety, return to manufacturer
warranty. This warranty is with the manufacturer and therefore the hardware should
be returned to the manufacturer or Storm FX with proof of purchase, for replacement
or repair at the sole discretion of the manufacturer or Storm FX. Warranty upgrades
may have been quoted for some devices. Loan/Rental equipment may be available
but is not guaranteed and charges may apply.. All hardware warranty does not cover
the contents of the storage media. The above warranties do not apply to products
from which the serial numbers have been removed.
4.13. Storm FX shall not be liable for any failure to deliver the Products or the
Services, or default or failure in performance of the Products or the services
resulting directly or indirectly from act of God, civil or military authority, acts of public
enemy, war, accidents, fires, explosions earthquakes, floods, the elements, strikes,
labor disputes, shortage of suitable parts, components, materials including ink,
chemicals and paper, labor of transportation or any other cause beyond reasonable
control of Storm FX
4.14. The client may offer to purchase the Products and/or services at the price by
delivery of a duly authorized Purchase Order or equivalent which must include
reference to the Quote Number and Quote Date appearing in the Quote.