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Terms & Conditions of Sale


Kalkana Pty Ltd t/as DVD Warehouse (DVD Warehouse, “we”, “us”) and Customer ("Customer", “you”), in consideration of the mutual covenants, agreements and provisions set forth herein and hereon, hereby agree that the purchase of DVD Warehouse products ("Products") shall be subject to and in accordance with the following terms and conditions:

1. ORDERS FOR PRODUCTS All Customer orders for Products shall be subject to these terms and conditions and, if applicable, an authorised quotation issued by DVD Warehouse. The parties hereby agree that these terms and conditions shall govern and control the relationship between DVD Warehouse and the Customer and that the terms and conditions contained herein shall supersede the terms and conditions contained in a Customer-issued order. DVD Warehouse reserves the right to refuse orders in its sole discretion, or to accept such orders on a separate contract form. Software programs, including those that are pre-loaded onto Azuradisc Systems are licensed under Azuradisc standard Software License.

2. PAYMENT DUE Payment must be paid in advance or at such other time agreed to by DVD Warehouse. Customer will be responsible for all necessary transportation costs, insurance charges, customs duties and documents, importation taxes and fees, sales taxes, tariffs and loss or damage settlements. Custom configurations may require a deposit or payment in full when order is placed. Any other Customer payment & credit terms are subject to DVD Warehouse credit policies and application and approval process and must be agreed upon by DVD Warehouse in writing. Customer agrees to pay as specified by DVD Warehouse on the invoice.

3. TERMS AND DELIVERY Unless instructed otherwise by Customer, DVD Warehouse will select the carrier on Customer’s behalf. DVD Warehouse will add all shipping and handling charges to Customer’s invoice. If you cause a delay in delivery you will be invoiced for additional costs incurred, including costs of storage and insurance. Any delivery problems such as quantity discrepancies, damaged goods etc need to be brought to our attention as soon as possible after delivery or at least within 7 days. Anything reported after 7 days will be too late

4. TELEPHONE ASSISTANCE If there is a problem with a Product you purchased from DVD Warehouse, you should refer to the user's reference manual for assistance. Except as is otherwise stated herein, if you are unable to resolve a problem with a Product, you may contact DVD Warehouse, at no additional charge for telephone assistance at (08) 8397 2530 between the hours of 9 am and 5 pm CST, Monday through Friday.

5. WARRANTIES Unless otherwise specified, Products purchased directly from DVD Warehouse are covered by DVD Warehouse’s 12 month Warranty. Your sole and exclusive remedy for a defective Product is repair, replacement or refund at DVD Warehouse’s option under the terms of the warranty, and such repair, replacement, or refund shall satisfy DVD Warehouse entire obligation to you for a defective Product and liability for all damage, injury or death caused thereby, whether in contract, tort, negligence, strict liability or otherwise. By placing an order to DVD Warehouse, Customer declares to have read and understood the published DVD Warehouse Warranty Statement, its details and limitations.

6. RETURN POLICIES: Product Return Policy If you are dissatisfied with your purchase of one or more of our products, you may return only new, non-used products to DVD Warehouse within 14 days. All products must be returned in the original condition with all contents manuals & or accessories. DVD Warehouse will provide you with a full refund, minus the shipping costs and a restocking fee of up to 20% of the price of the item(s) that are properly returned (depending on the condition of the package & or items). In order to receive a refund, your items must be returned to DVD Warehouse undamaged, freight prepaid, insured, and postmarked within 14 days of receipt. No refund or credit is available after the 14 days. If you have an item you that you have used but believe it to be defective, please contact us to have your product inspected, repaired or replaced according to DVD Warehouse warranty procedures.

30-Day / 720-Disc Machine Refund Policy.  If you are dissatisfied with your purchase of one of our disc repair or disc testing machines, you may return it to DVD Warehouse within 30 days or before processing 720 discs, whichever comes first. DVD Warehouse will provide you with a full refund, minus the shipping costs and a restocking fee of up to 20% of the price of your machine (depending on the condition of the machine). In order to receive a refund, your machine must be returned to DVD Warehouse undamaged, freight prepaid, insured, and postmarked within 30 days of receipt. No refund or credit is available after the 30 day/ 720-Disc period.

7. TITLE TO PRODUCTS Title is transferred to you when the Products are paid for in full.

8. LIMITATION OF LIABILITY Under no circumstances is DVD Warehouse liable for the following: (1) third-party claims against you for damages; (2) loss of, or damage to, your records or data; or (3) economic consequential damages (including lost profits or savings) or incidental damages even if we are informed of their possibility.

9. CREDITS - Any credits given, issued must be used or applied within 12 month period of the date of the original credit, all credits, or remaining monetary values will expire after 12 months and DVD Warehouse will not be liable to pay out any such credit after expiration date in the form of cash, or new credit, product or services all credits and value of said credits expire after 12 months of origination date unless directly agreed to in writing at the time of said credit by DVD Warehouse.

10. GENERAL - Neither DVD Warehouse nor Customer will bring legal action more than one year after the cause of the action arose. - The laws of the State of South Australia shall govern this Agreement and any litigation will be conducted in the South Australian court system

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