Hardware Terms and Conditions

Our policy for hardware and warranty for equipment we supply

Replacement of Faulty Hardware

If Hardware is within the Warranty Period, meets the manufacturer’s warranty criteria, and isn’t subject to any Warranty Exclusion:

1. Dreamtilt will provide replacement Hardware,
2. Replacement Hardware will be like-for-like, subject to stock availability.
3. Dreamtilt reserves the right to repair or replace Hardware with refurbished units if required.
4. The Customer is responsible for properly packaging and returning the faulty Hardware (if required). Dreamtilt is not liable for any damage incurred during transit and postage.
5. If the faulty Hardware is required to be returned but is not returned within 30 business days of the Customer receiving the replacement, the Customer may be charged the cost of the replacement Hardware.

Subject to any obligations under the Australian Consumer Law, if the Hardware is found to be faulty due to reasons not covered under warranty, or if the return is made outside the Warranty Period, the Customer is responsible for the replacement cost of the Hardware and associated postage / freight costs.

 

Non-faulty Returns

For return of non-faulty Hardware:

1. The Hardware must be returned within 5 business days of purchase.
2. The Customer must notify Dreamtilt of the reason for return prior to sending the Hardware back.
3. The Customer is responsible for ensuring the Hardware is properly packaged. Dreamtilt is not liable for any damage incurred during transit.
4. A credit or refund will be issued upon receipt and successful testing of the returned Hardware by Dreamtilt
5. Exchanges are not offered for non-faulty returns

 

Limitation of Liability

Nothing in these Terms and Conditions excludes or limits, or has the effect of excluding or limiting, the operation of the Australian Consumer Law or any rights that you have under the Australian Consumer Law.

Other than as provided by the Australian Consumer Law, we make no warranties or guarantees regarding the Hardware’s performance, availability or fitness for any particular purpose.

We are liable to you in respect of:

1. liability that is non-excludable under law (including under the Australian Consumer Law), and
2. loss or damage that results from our breach of contract, negligence, fraud, unlawful conduct, criminal conduct or wilful misconduct in connection with the Hardware, but not to the extent that it:
   1. is caused by you,
   2. results from your failure to take reasonable steps to avoid or minimise your loss or damage, or
   3. is consequential loss (including but not limited to loss of profits).

If we are permitted to limit our liability for a failure to comply with a consumer guarantee under the Australian Consumer Law, then we limit our liability for such a failure to repairing or replacing the Hardware or the payment of the cost of having the Hardware repaired or replaced, provided that it is fair and reasonable for us to do so.

You are liable to us in respect of loss or damage that results from your breach of contract, negligence, fraud, unlawful conduct, criminal conduct or wilful misconduct in connection with your use of the Hardware but not to the extent that it:

1. is caused by us,
2. results from our failure to take reasonable steps to avoid or minimise our loss or damage, or
3. is consequential loss (including but not limited to loss of profits).

 

To the extent permitted by law, a party’s total aggregate liability to the other for any loss or damage that does not arise from the Australian Consumer Law, a breach of contract, negligence, fraud, unlawful conduct, criminal conduct or wilful misconduct is limited to the greater of price paid for the Hardware or $100,000.

The provisions of this clause survive the termination of any agreement under which the Hardware is supplied to you.

 

Privacy and Data Usage

The Customer acknowledges and agrees that Dreamtilt may collect, store, and use certain data related to the use of the Hardware, including but not limited to IP addresses and Hardware serial numbers. Such data collection shall be conducted in accordance with Dreamtilt Privacy Policy, available at – https://www.dreamtilt.com.au/privacy-policy

By purchasing and using the Hardware, the Customer consents to the collection, storage, and use of their data as described in the Privacy Policy. Dreamtilt shall take reasonable measures to protect the confidentiality and security of customer data in accordance with applicable laws and regulations.

The Customer understands that Dreamtilt may update or revise its Privacy Policy from time to time and agrees to review the Privacy Policy periodically for any changes or updates.

 

Intellectual Property Rights

Unless otherwise agreed by the parties in this agreement, nothing in this Agreement shall transfer any IP Rights from one party to the other party and we or our licensor, shall retain ownership of all IP Rights in the Hardware.

The Customer acknowledges that the Hardware may contain software licensed by a third party and embedded in or pre-loaded on the Hardware and necessary for the proper functioning of the Hardware (Embedded Software). Ownership of the IP Rights in Embedded Software does not transfer to the Customer and its possession and use are subject to the licence terms of the licensor.

 Dreamtilt hereby grants (or shall procure the grant of) the right for the Customer to possess and use the Hardware for the purposes for which the Hardware has been supplied.

 

Severability

If one or more parts of this Agreement could be read in a way which is illegal, unenforceable, or invalid, but can also be read in a way that makes it legal, enforceable and valid, then the clause is to be read in the way that makes it legal, enforceable and valid.

If one or more parts of the Agreement are illegal, unenforceable, or invalid, then that part will be severed from the Agreement without affecting the legality, enforceability and validity of any other part of the Agreement.

 

General

This Agreement is governed by the laws of Queensland and Australian laws.

This Agreement (together with any documents referred to in this Agreement including any third party warranty information or End User Licence Agreement) constitutes the entire agreement between the parties concerning the Hardware Equipment and supersedes all prior or concurrent agreements or understandings.

Any modifications or amendments to this Agreement must be made in writing.

 

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). Consequential Loss means a party’s loss of profit, revenue or goodwill, and any loss that cannot fairly and reasonably be considered to arise naturally or directly from the relevant breach or event.

IP Rights means all rights (whether created before, on or after the date of this agreement and whether registered or unregistered) in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise.

 

To download a PDF of this policy, click here.