1. The Videos
Videos offered for supply by Aussie Short Films are either owned by Aussie Short Films or offered with the owner’s permission. All Videos are protected by the laws of copyright.
2. When These Terms Apply
These terms govern:
(a) Any order placed with Aussie Short Films by the Buyer; and
(b) Any supply of Videos by Aussie Short Films to the Buyer.
The Buyer becomes legally bound to purchase when Aussie Short Films confirms by e-mail that the Buyer’s order has been accepted. Any record in Aussie Short Films’ computer of such acceptance shall be conclusive evidence that the Buyer has agreed to these Conditions of Sale, a printed copy of which shall be proof of the terms without the need for either party’s signed acceptance thereof. Aussie Short Films may vary these terms at any time without notice to the Buyer, provided that such variation shall not affect any contract for the supply of Videos made prior to the date of the variation.
3. Cancellation of Orders
The Buyer may, prior to acceptance of an order by Aussie Short Films, cancel the order by e-mail to Aussie Short Films.
4. Payment by the Buyer
The Buyer must pay to Aussie Short Films for each Video purchased the price of the Video as shown on the Aussie Short Films web site at the time the order was placed. Payment is a condition precedent to delivery. In the event that after Aussie Short Films has despatched the Videos the payment made by the Buyer is dishonoured, or recovered from Aussie Short Films by any credit provider or financial intermediary, the Buyer must pay to Aussie Short Films the amount of the payment, plus $US 200 in administration fees, plus interest at the rate of 10% per annum from the date of the order to the date of actual payment.
The prices of Videos are quoted in Australian dollars. The price includes:
(a) The cost of delivering the Video to the Buyer by SAL mail (sea air land mail); and
(b) All Australian taxes, charges and duties (including GST if any).
If the Buyer requires delivery in a country other than Australia, the Buyer must pay any taxes, charges and duties charged by countries other than Australia.
6. Delivery and Cancellation of Delivery
Unless otherwise stipulated at the time the Buyer’s order is accepted, Videos will be delivered to the Buyer within six weeks. SAL mail takes 3 - 4 weeks after despatch from Australia to reach most parts of the world. This delivery time is not essential, but if Aussie Short Films becomes aware that delivery is not likely to be effected within 8 weeks, it must advise the Buyer accordingly by e-mail. The Buyer may, within 7 days of the date of sending of the above e-mail, elect to terminate the purchase. If the Buyer so terminates, Aussie Short Films must refund any part of the price which has been paid.
7. Retention of Title and Passing of Risk
Property in the Videos remains vested in Aussie Short Films until payment of the whole price notwithstanding delivery of the Videos to the Buyer. The risk in the goods shall pass to the Buyer upon despatch by Aussie Short Films.
8. The Buyer has a Limited Licence
Aussie Short Films grants to the Buyer a non-exclusive, non-transferrable licence to view any Video delivered for the Buyer’s personal entertainment. The Buyer must not:
(a) Make a copy of the Video;
(b) Distribute, broadcast or transmit the Video to any person;
(c) Publicly display the Video for profit; or
(c) Alter, adapt or modify the Video in any way;
without the written permission of Aussie Short Films.
9. Return of Damaged Videos
Aussie Short Films warrants that each Video, at the time of its despatch to the Buyer, will be fit for its purpose and of merchantable quality. In the event that Aussie Short Films is in breach of this warranty, it must, at the option of the Buyer, either refund the purchase price or replace the Video with a Video which complies with the warranty.
10. Limitation of Liability
Subject to clause 9, in the event that the Buyer incurs loss or damage by reason of any breach of these terms or other unlawful conduct (including negligence) by Aussie Short Films, the liability of Aussie Short Films to the Buyer shall not in any event exceed $AUD 100.
11. Governing Law
The proper law of this Contract is the law of New South Wales, whose courts shall have exclusive jurisdiction in relation to disputes arising under or relating to this Contract.
In these Conditions:
(a) “Aussie Short Films” means a division of Video Williams Pty Ltd, ACN 051 403 126, a company subject to the Corporations Law of Australia;
(b) “Buyer” means any person placing an order for a Video from Aussie Short Films;
(c) “Order” means any offer to buy;
(d) “Video” means a video cassette on which is recorded a copy of any film and excludes any copyright or other intellectual property rights in the film or its sound track; and
(e) Where the context permits, a word in the singular form includes that word in its plural form and vice-versa.