Hardware Sales Agreement
Last Updated: May 5th, 2022
JPL Media Pty Ltd. (“JPL Media,” “we,” or “our“) may offer third-party hardware products, such as Mediasite Recorders, VALT Servers, Axis hardware products (collectively, “Hardware Products“). This document (the “Agreement“) sets forth the terms of sale for Hardware Products that we directly sell.
1. Terms of Sale for Direct Purchases
- JPL Media may sell you Hardware Products directly. You must pay JPL Media the prices stated in your order form plus applicable taxes and shipping and handling fees.
- Title transfers upon delivery of the item to the shipping carrier. Once the title has passed, you assume the risk of loss or damage. No title is transferred in any software installed on a Hardware Product. Any pre-installed software (including any updates thereto) will be governed exclusively by the end user license agreement supplied with the software or, if no such license is provided, then the JPL Media Terms of Service Agreement.
- You may not purchase Hardware Products from us for the purpose of resale or export without our prior written consent. We may cancel orders that we reasonably believe are intended for unauthorised resale or export.
2. All Sales are Final
Hardware Products are not eligible for return, exchange, or credit without exception.
3. Limited Warranty for Hardware Products
Certain Hardware Products may be covered under the manufacturer’s limited warranty. You must contact the manufacturer directly or visit their website for more information
4. Statutory Warranties
The law of the jurisdiction (e.g., state or country) where you purchased a Hardware Product may provide statutory warranties that are broader than those provided in this Agreement. To the extent those warranties apply and cannot be waived, they shall apply to your purchase.
5. Warranty Limitations
EXCEPT AS EXPRESSLY SET FORTH HEREIN, JPL MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY. No JPL Media reseller, agent, or employee is authorised to make any modification, extension, or addition to this Agreement. Among other things, JPL Media does not warrant that:
- The Hardware Product will suit your needs;
- The operation of the Hardware Product, in isolation or in conjunction with any other product or service we offer, will be uninterrupted or error-free;
- The Hardware Product will operate with any third-party product or software, except for the operating systems and/or web browsers listed on the packaging; or
- JPL Media will continue to support the Hardware Product or make other products and services that are compatible with it.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JPL MEDIA WILL NOT BE LIABLE FOR THIRD-PARTY CLAIMS AGAINST YOU; LOSS OR EXPOSURE OF DATA; INJURY RESULTING FROM IMPROPER HARDWARE USAGE; SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF BUSINESS, REVENUE, COST-SAVINGS, PROFITS, OR GOODWILL; OR DAMAGES EXCEEDING THE AMOUNT YOU ACTUALLY PAID FOR THE HARDWARE PRODUCT(S).
6. Customer Information
7. General Terms
This Agreement contains the full agreement of the parties with respect to the subject matter hereof and shall be governed by the laws of the State of Queensland without regard to conflicts of law principles. Any dispute between you and JPL Media arising out of or relating to this Agreement or any Hardware Product shall be commenced in the federal or state courts located in Queensland. IN ANY SUCH ACTION, BOTH YOU AND JPL MEDIA IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY. If any term of this Agreement is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
8. Mailing Address for Notices
JPL Media Pty Ltd
3 Melaleuca Dr, Palm Beach