(a) Title in the Hardware will not pass to you until the later of delivery or payment has been processed or otherwise received by StormWarden. If payment is declined for any reason StormWarden reserve the right to reclaim the Hardware from your possession, custody or control even if they have been delivered to you or moved from the delivery address. StormWarden reserves the right to keep or sell the Hardware. Risk of loss, damage or deterioration to any Hardware will pass to you on delivery.
(b) If you are unable or unwilling to have the Hardware delivered on the agreed delivery date, we may store the Hardware. You agree to remove the Hardware from us within thirty (30) days of us issuing you with a written notice. If you do not remove the Hardware from StormWarden’s storage facility within thirty (30) days, you provide consent for StormWarden to sell any or all of the Hardware that StormWarden is holding for you.
(c) You are responsible to carry out reasonable examination of the Hardware and for ensuring that the Hardware delivered functions with your Environment.
(d) If within 3 Business Days of delivery of the Hardware you give written notice to StormWarden of any defect in any Hardware or that the Hardware does not function with your System, StormWarden will repair or replace the Hardware.
(e) If the Hardware is used by you after 3 Business Days of delivery, the Hardware will be deemed accepted by you and functioning with your System upon such use.
(f) Hardware Manufacturers Warranty: All Hardware comes with a one year manufacturer’s warranty. StormWarden is not the manufacturer and is not liable for this warranty, though will take all reasonable steps to facilitate a warranty claim. If, during the period one year from the date of delivery, the Hardware or any part becomes defective, the manufacturer will, at its discretion:
(1) repair or replace Hardware (or part of);
(2) resupply or fix a problem with the Hardware (or part of);
(3) provide compensation to you.
(g) The Hardware Manufacturers Warranty provided herein is void and of no effect, if the defect or damage has been caused, in whole or in part, by:
(1) Misuse of the Hardware (including contrary to the Specifications);
(2) Use of the Hardware by a person not trained to use the Hardware; and/or
(3) Deliberate tampering with or damage to the Hardware.
(h) For the purpose of making a warranty claim, you should contact the Relationship Manager on the contact details provided below, and provide details of the alleged defect.
(i) Manufacturer: The Hardware comes with a manufacturer’s warranty, as detailed above, provided by the manufacturer. The Hardware Manufacturers Warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the Hardware Manufacturers’ Warranty may be your sole remedy. You should check the Hardware Manufacturers’ Warranty, as many manufacturers’ warranties do not apply in a business or commercial setting.
Last update: 19 November, 2019