1. We, us, and similar expressions, refer to Wedderburn Scales Limited (NZCN 445235). You, and similar expressions, refer to you, our proposed customer.
2. Our terms and conditions always apply. In return for us agreeing to consider your "in trade" order you agree that these terms and conditions (Terms) apply if we do accept your order or if we do supply you with goods (including equipment, machines and labels) or any services (including repair services), whether for cash, or on credit.
3. Not obliged to accept orders. We are not obliged to accept any orders from you, but if you do place an "in trade" order with us then it becomes binding from the moment that we accept it by notification to you. Any quotation is merely an invitation to you to place an order with us. If you oﬀer to purchase goods based on a quotation from us, then your oﬀer is subject to these Terms.
4. Our Terms overrule any other form. These Terms prevail even if they are inconsistent with anything in any earlier or later order form or similar document.
5. Time for payment. Unless we agree in writing to give you credit, you must pay for all orders on delivery. Ecommerce transactions must be paid for on placement of the order at "checkout".
6. Withdrawal of future credit. At our discretion, we may decline to give you further credit at any time (by notice to you). If we do decline to give you further credit then that decision does not aﬀect the credit terms which apply to any amounts you then owe to us.
7. Overdue payments. If any amount you owe to us is not paid within 7 days of the due date then all of the monies that you owe us on any account become immediately due and payable; and without limiting our other rights we may suspend the supply of service and defer or cancel any outstanding orders. If you do not pay an invoice by the due date, a late payment fee equivalent to 2% above the prime overdraft rate charged from time to time by the Bank of New Zealand, calculated and payable daily, may be imposed. In addition, without limiting any right contained below, you will be liable to indemnify us for all expenses incurred by us in recovering any amounts which you fail to pay by the due date (including any commission payable to any commercial or mercantile agents and our legal costs).
8. Prices and price variations. We may increase any agreed sale price after we accept an order, to cover the full amount of any increases in indirect taxes and duties such as sales taxes, GST, which we incur in connection with a related transaction after the date of your order. We may also impose a charge for accepting payments by credit card. We may set oﬀ against any credit owed by us to you any amount owing by you to us.
9. Consumer Guarantees Act, Fair Trading Act. You acknowledge that:
a. you are “in trade” with us and the goods and services which we provide, are being acquired or hired by you “in trade”;
b. the provisions of the Consumer Guarantees Act 1993 (in its entirety) and the Fair Trading Act 1986 (being sections 9, 12A and 13) are expressly contracted out of; and
c. the contracting out provided for in clause 9b is fair and reasonable and that you will be bound by this.
10. Our Warranty - Goods. We must, at our option, repair or replace any new good sold by us if there is any manufacturing defect in material or workmanship - in the case of wrapping machines, high speed weigh/labelling machines and automated packaging equipment, within 6 months of delivery, and in all other cases, within 1 year of delivery. We must repair or replace any second-hand or demonstration good sold by us if there is any manufacturing defect in material or workmanship within 3 months of delivery.
11. Our Warranty – Services. We must, at our option, supply the services again; or the pay of the cost of having the services supplied again by a third party, if there is any defect in services provided by us.
12. Important Exclusions: The warranty provided in clauses 10 and 11 does not cover: anything not speciﬁcally listed in “Our Warranty” provided in clauses 10 and 11; in transit damage; failure to comply with the original supplier or manufacturer warranty; willful abuse or misuse; general wear and tear. Our Warranty is voided and does not cover any damage caused by the use of other than genuine original manufacturer’s parts and consumables. Except as listed in the “Our Warranty” this warranty does not cover any goods sold ‘as is’ or used in breach of manufacturer warranty, any damage from cleaning or repair by anyone without written authorisation from us, any damage caused by goods not used according to their instructions, consequential damage or incidental damages, personal injury, lost proﬁts, lost savings or other economic damages, loss of use of the goods, rental or hire use, damage from prolonged exposure to ﬁre or heat, damage from fraud, intentional acts, war, hostilities, terrorism or vandalism or acts of God.
13. Suppliers’ warranties. We must use our reasonable endeavours to assist you to obtain the beneﬁt of any guarantee or warranty oﬀered by the original supplier or manufacturer of any goods that we supply to you.
14. Sale by speciﬁcation. We sell our goods by speciﬁcation. You decide what purpose to use them for or to re-supply them for. Further, unless speciﬁcally stated in writing on the quotation, we take no responsibility: For labels or artwork or the appropriateness of the content contained therein on an item by item basis or otherwise; Nutritional information contained on the label or completeness of same; For checking the accuracy and content of the good's descriptions, pricing or weights; For accuracy of weights; For barcodes or other descriptors.
15. Unexpected delay. This clause applies if something happens which is beyond our reasonable control which makes it impossible, more diﬃcult or more expensive for us to perform our obligations in our usual way. In those cases we may wait until it is again possible for us to perform our obligations in our usual way without additional diﬃculty or expense and we are not liable for any delay which results. If delay or failure to deliver is caused by force majeure or labour dispute we may suspend delivery, supply or completion and/or terminate the contract and refund any monies paid by you. Force Majeure means an act of God, war, lightning, ﬁre, earthquake, storm, ﬂood, explosion, unavailability or delay in availability of goods materials or transport, and any other cause, whether of the kind speciﬁcally enumerated or otherwise which is not within our control. Whilst we shall use reasonable endeavours to comply with your particular delivery requirements and order speciﬁcations, you will not be entitled to cancel the whole or part of an order or to claim compensation by reason of our failure to comply with your delivery requirements or minor variations to the goods as a result of changes to the manufacturing processes or speciﬁcations.
16. Estimated delivery times. Delivery times are estimates only and we are not liable for minor delays in delivery. In this respect you agree that time is not of the essence.
17. Exclusion of implied conditions. The law implies various terms, conditions and warranties which might apply to our supplying goods or services to you. We exclude all of those implied terms, conditions and warranties to the fullest extent permitted by law.
18. Our Liability. Notwithstanding any other provision of these Terms, our liability, whether in tort, contract or equity, or any other basis, in relation to:
a. Goods is limited at our option to replacement of the goods or the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired; and
b. Services is limited at our option to the supplying of the services again; or the payment of the cost of having the services supplied again by a third party.
19. Liability Exclusions. We are not liable to you or any third party, in contract, tort (including negligence) or on any other basis, for:
a. any indirect or consequential losses or damages;
b. any loss of use, loss of proﬁts, loss of anticipated earnings or savings; or
c. any third party claims.
This limitation and exclusion of liability applies whether or not we have, or ought to have, any special or other knowledge that any such losses, damages or claims would be suﬀered or incurred by you or any third party.
20. Personal Property Securities Act 1999 (PPSA)
You acknowledge that:
a. these Terms create a security interest (as deﬁned in the PPSA) in favour of us, in the goods supplied to you by us, and that the goods purchased from us remain our property until paid for in full by you;
b. these Terms create a security interest (as deﬁned in the PPSA) in favour of us, in the goods hired to you, and that title to those goods remains with us at all times;
c. you shall act immediately, when we request, to do such acts and provide such information, as in our opinion, may be necessary or desirable to enable us to perfect any security interest created, or provided, by these Terms, in the goods or their proceeds, with a ﬁrst ranking priority; and
d. to the fullest extent permitted by law, you waive any rights that you may have now, or in the future, to receive a copy of any veriﬁcation statement or other conﬁrmation, related to any security interest created or provided by, or perfected in the manner contemplated by, these Terms.
21. In addition to the security interest created in clause 20, you also grant a security interest in all your present and after acquired goods as security for all moneys, now and in the future, owing by you to us.
22. You agree (to the maximum extent permitted under the PPSA) that you shall have no rights under Part 9 (Enforcement) of the PPSA.
23. You undertake to: sign any further document or provide any further information (such information to be complete, accurate, and up-to-date in all respects) which we may reasonably require in order to register a ﬁnancing statement or ﬁnancing change statement on the Personal Property Securities Register (PPSR); indemnify, and upon demand reimburse, us from all expenses incurred in registering a ﬁnancing statement or ﬁnancing change statement on the PPSR or releasing any goods charged thereby; and not register a ﬁnancing change statement or a change demand without our prior written consent. Unless otherwise agreed in writing by us, you waive your right to receive a veriﬁcation statement in accordance with section 148 of the PPSA.
24. Returned Goods. No goods may be returned to us without our prior written approval (acting reasonably) and then only upon such terms as we may reasonably require which may include inspection, re-packaging and transport costs.
25. Trade-ins. If we agree to purchase any item from you as a trade-in then you represent and warrant that we will become the absolute owner at the time the item is delivered to us and that you will properly maintain and service the item up to the time of delivery.
26. If you notify us that you are not ready for the goods to be delivered on the required delivery date (as described in any order) or when we advise you that they are ready for delivery, then we will store the goods for you for up to 30 days at no cost to you.
27. If after 30 days you are still not ready for the goods to be delivered, then you agree to pay us in full for the goods being stored for you.
28. If we store any goods for you for over 30 days, then we may charge you a storage fee at our normal storage rate.
29. Risk of damage to, or loss, theft, or deterioration of, the goods (and the need to insure them) passes to you once payment is due, irrespective of whether the goods are stored by us or not.
30. Only persons authorised by us are to install the goods where it is necessary to comply with the warranty of the manufacturer.
31. The cost of installation or any related compliance test is not included in the price of the goods unless it is specified in our quotation to you and confirmed in our acceptance of your order.
32. If we are to install the goods then we will not be responsible for any costs or losses resulting from any delay in the installation.
33. Installation will be complete when the goods operate successfully using our standard test procedure.
34. It is your sole responsibility to ensure that the site and services (power, water, air, IT systems and other external connections) are prepared to our specifications as required for the correct installation and operation of the goods. If the site and/or services do not meet the specifications, then you will be liable for the additional costs arising from the delays and difficulties in the installation of the goods.
35. Software licences. We supply any ﬁrmware or software which comes with goods, under licence only. That licence is non-exclusive but perpetual and only allows use of the particular ﬁrmware and software with the goods with which it is supplied.
36. Variations in speciﬁcations. We reserve the right to vary the speciﬁcations or performance criteria of any good from time to time and to obtain goods from diﬀerent sources, at our absolute discretion and upon notice to you, provided we have reasonable grounds for believing that the alternative item oﬀered is substantially similar to that previously oﬀered or represents an improvement. You will have 5 business days from receiving out notice, to raise any objections to the change in specifications. Otherwise you shall be deemed to have accepted the change in specifications notified to you.
37. Finance company arrangements (if any). If you wish to lease or ﬁnance the purchase of goods from us through a ﬁnancier then these Terms still apply (with only the minimum changes necessary) between you and us. These Terms still regulate our rights, obligations and liabilities both to you and to the ﬁnancier and you must indemnify (protect) us against any claim in connection with this order or those goods by the ﬁnancier.
38. Availability of spare parts. We make every reasonable eﬀort to ensure the reasonable availability of spare parts for any particular good type for at least 5 years from the ﬁrst time it is or was supplied to a customer when it was new. We are not liable if, having used reasonable eﬀorts, we are unable to do so for a temporary or permanent period. We may not be able to arrange for the availability of spare parts after the end of that 5 year period.
39. Workshop repairs. In the event that goods are delivered or taken to our workshop for repair, service or maintenance then all goods must be collected within 7 days of our notifying you that they are ready for collection. In the event that goods are not collected within the notice period then we reserve the right to charge you for the costs of storage and or disposal and all associated costs of the same.
40. General Agreement Terms:
a. Variation. These Terms can only be varied by one of our authorised oﬃcers signing a document which states the variation, and the transaction to which the variation applies.
b. Severance. If any provision of these Terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be aﬀected, prejudiced or impaired.
c. No Set Oﬀ. You are not entitled to set oﬀ against or deduct from the price any sums owed or claimed to be owed to you by us.
d. No Waiver. The failure by us to enforce any provision of term and condition of these Terms shall not be treated as a waiver of that provision, nor shall it aﬀect our right to subsequently enforce that provision.
e. Non Representation. The description, illustration and performance of any good contained in our catalogue, marketing material, price list or advertising does not form part of these Terms unless expressly agreed by us in writing. Any representation made about ﬁtness for purpose of a good or service supplied by us is only made for general guidance only and you should fully satisfy yourself that the good will meet your requirements and will be suitable for your intended purpose.
f. Place of Delivery. Delivery shall be at the address nominated on the quotation as the delivery address. Ecommerce transactions will be delivered to the address you specify in the online order. In the event that a delivery address is not speciﬁed and/or in the event that you request us to store the goods, we may charge you for the same.
Applicable Law. Our transactions are governed by the law of New Zealand.
TAKE NOTE that unless otherwise marked with a veriﬁcation mark, the items supplied by us are NOT TO BE USED FOR TRADE USE UNLESS OR UNTIL THE INSTRUMENT IS VERIFIED. We draw your express attention to, and you hereby agree and acknowledge that, Section 24 of Part 4 of the Weights and Measures Act 1987 expressly prohibits the use in trade, sale, supply or installation or possession for use in trade, of any weighing or measuring instrument that has not been stamped or marked with a with a ‘Mark of Veriﬁcation’. As an express condition to our supply, you hereby agree and acknowledge that you will not use, sell, supply or install the items supplied by us until veriﬁed.
TAKE NOTE that unless otherwise clearly speciﬁed, the scale(s) or device(s) sold or supplied by us are NOT TO BE USED FOR THERAPEUTIC PURPOSES.
The following additional terms apply where you have a service plan with us (Service Plan) for particular equipment / machinery (machines). We agree to provide to you either a periodic service or breakdown service, depending on the plan you have chosen.
S1 Periodic service. This provision applies only where you have chosen periodic service. At each periodic service we must carry out the following services on all machines listed in the Service Plan:
a. inspection and testing the machines with certiﬁed test weights;
b. making adjustments to the machines to maintain the accuracy of the machines to conform to the standards normal for those machines;
d. perform preventative maintenance on the machines such as cleaning and lubricating vital operating parts or such other requirements, in accordance with our usual procedures.
The service period intervals are as speciﬁed in the Service Plan.
S2 Breakdown service. This provision applies where you have chosen breakdown service. Within a reasonable time of a request from you we must provide remedial maintenance for any machine listed in the Service Plan which is not performing to the standards normal for such a machine because of a latent or patent fault in the machine and not an external cause. We provide service from 8am to 5pm Monday to Friday excluding local public holidays, unless some other period is stated in the Service Plan.
S3 Limits. Our services do not include repairing damage caused by external factors such as, but not limited to, abuse, misuse, negligence or mis-operation by an operator, the customer or a third party or due to ﬁre, water, theft, vandalism, accident or corrosive or injurious environment or where a machine has been repaired or interfered with by a person not authorised by us or if the machine is removed outside your premises at the address noted in the Service Plan. Without limiting those general words, that means we are entitled to make our usual charges if we are called out for a problem due to any such external factor or in those circumstances.
S4 Composite machines. If a machine constitutes a part of an automatic packing machine or some other composite machine, our service obligations only extend to the servicing of the scale section of that machine, unless stated otherwise in the Service Plan.
S5 Periodic veriﬁcation. Periodic veriﬁcation of machines may be required by a relevant authority. We may endeavour to arrange such periodic veriﬁcation but we are not liable for any refusal or omission to arrange for such a veriﬁcation. You must pay or reimburse us for any cost incurred in respect of such a periodic veriﬁcation or any similar certiﬁcation.
S6 Consumable supplies. Consumable supplies (such as, but not limited to, paper and labels, printing dies, rubber components, ink and glass rollers, power cords and lamps) are not included. You must pay for them.
S7 Replacement parts. We become the owner of parts that we replace. Replacement parts may not be exactly the same as the originals. We may use reconditioned parts rather than new parts, as replacements.
S8 Service for accessories. We are not obliged to provide service in connection with any accessory item, unless it is listed in the Service Plan as being covered for service.
S9 Payment of our fees. All our Service Plans are annual plans. The initial annual Service Plan fee is due immediately and the plan automatically renews for the next year on payment of renewal fees at our then ruling rates, prior to the start of the next year.
S10 Commencement and Termination. The Service Plan commences on the date that we ﬁrst deliver the machines to you or, if some later date is speciﬁed in the Service Plan, then the Service Plan commences on that later date. If there are multiple machines which are delivered on diﬀerent days, then in the case of any uncertainty the Service Plan is regarded as having commenced on the day on which we delivered the ﬁrst of those items. Either of us may give a notice to the other which terminates the Service Plan and takes eﬀect at the end of the current Service Plan year, but the notice must be given at least fourteen days before the end of that year.
S11 Assignment. You may not assign the beneﬁt of the Service Plan without our prior written consent which may not be unreasonably withheld. We may assign our interest in, or our rights under, the Service Plan.
S12 Workshop repairs. You must allow us to take the machines away to our workshop, if that is reasonably required, so we can carry out any maintenance under the Service Plan.
S13 Overhauls. In some cases with older machines, we may not agree to automatic renewal of a Service Plan unless you ﬁrst allow us to give the machines a workshop overhaul at your cost.
S14 No guarantee of uninterrupted service. No Service Plan can guarantee uninterrupted service from machines.
The following additional terms apply where you have a loan or hire item (Hire Item) and enter into a hire agreement with us (Hire Agreement).
H1 Title. In addition to the terms above you will not be entitled to oﬀer, sell, sub-let, mortgage, pledge or otherwise deal with the Hire Item in any way which is inconsistent with our rights as owner. Your rights to use the Hire Item(s) is as bailee only and in all circumstances we retain title to the Hire Item even if you go into liquidation or become bankrupt.
H2 Hire Period. The period of hire commences when you take possession of the Hire Item or when we deliver the Hire Item in accordance with your instructions and the period of hire ends when the Hire Item is back in our possession (in total the Hire Period). The Hire Period includes weekends and holidays and is irrespective of the time the Hire Item is used.
H3 Hire Charges. You agree to pay the hire fees set out on the Hire Agreement. You will not be entitled to any discount if the Hire Item is not used for the entire Hire Period.
H4 Consumables and Trade Materials. Consumable supplies (such as, but not limited to, paper and labels, printing dies, rubber components, ink and glass rollers, power cords and lamps) are not included. You must pay for them.
H5 Deposit. You will be required to pay a damage deposit in accordance with this clause. A damage deposit will be automatically charged in addition to the hire charge.
H6 Late Return of Hire Item. If you return the Hire Item to us after the end of the Hire Period, you will be charged additional full days hire for each day or part thereof until the Hire Item is returned. In the event that you wish to return the Hire Item early then we may in our absolute discretion accept return and revise the hire charges payable.
H7 Operation of Hire Item. You warrant to us at all times that you will:
a. operate the Hire Item safely, in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
b. ensure that persons operating the Hire Item are suitably trained in its safe and proper use;
c. return the Hire Item to us in the same good and clean condition it was in when you received it; ordinary wear and tear is excluded. We may charge a cleaning fee if required;
d. display and maintain all safety signs and instructions (as required by law) and ensure that all instructions and signs are observed by operators;
e. not alter, deface, remove or erase any notices or tamper with, damage or repair the Hire Item without our written consent; and
f. accept responsibility for the safe keeping and insure the Hire Item during the Hire Period.
H8 Electrical equipment and tagging. You are responsible for arranging at your cost, the re-testing and re-tagging of the Hire Item in accordance with the manufacturer’s instructions and the New Zealand Standards' requirements.
H9 Inspections and location. You consent to our inspecting the Hire Item from time to time during the Hire Period. In addition, you may arrange a joint inspection with us at the end of the Hire Period. You must not remove the Hire Item from the premises which it was to be located (as stated on the Hire Agreement) without our consent. You must ensure that during the Hire Period the Hire Item is stored safely and securely and is protected from theft, seizure or damage.
H10 Hire Item breakdown. In the event that the Hire Item breaks down or becomes unsafe to use during the Hire Period you will:
a. immediately stop using the Hire Item and notify us;
b. take all steps necessary to prevent injury occurring as a result of the break down;
c. take all steps necessary to prevent further damage to the Hire Item; and
d. not repair or attempt to repair the Hire Item without our written consent.
In the event that the Hire Item breaks down or becomes unsafe to use during the Hire Period we will:
i) within a reasonable time of a request from you provide remedial maintenance for any Hire Item which is not performing to the standards normal for such a machine because of a latent or patent fault in the machine and not an external cause. We provide service from 8am to 5pm Monday to Friday excluding local public holidays, unless some other period is shown in the Hire Agreement;
ii) not impose a hire charge for the period that the Hire Item was broken down or unsafe, nor the costs associated with any repair or replacement; and
iii) not be liable for any expenditure, damage, loss, or inconvenience incurred by you arising from a breakdown, howsoever caused.
H11 Lost, stolen or damaged Hire Items. You shall be responsible for the Hire Item whilst on hire until it is returned to us. If the Hire Item is lost, stolen or damaged during the Hire Period you will be liable for:
a. any costs incurred by us in repairing, or the new replacement cost of, the Hire Item; and
b. any other costs whatsoever incurred by us as a result of the loss, theft or damage, including the continuation of the hire charge when the damages were caused by the negligence or act or omission of you.
H12 Termination. We may terminate the hire immediately by notice to you:
a. if you breach any term of these Terms or the Hire Agreement;
b. if you become bankrupt, insolvent, execute a personal insolvency agreement, enter into liquidation, administration, receivership or cease to carry on business; or
c. for any other reason on the giving of 24 hours’ notice.
The right of termination is in addition to any other right under these Terms and the Hire Agreement, and does not exclude any right or remedy under law or equity or the survival of other terms under these Terms or the Hire Agreement.
H13 Recovery of Hire Item. If you are in breach of these Terms or if we terminate the Hire Agreement, we may take all steps necessary (including legal action) to recover the Hire Item including entering your premises to do so.
The following additional terms apply in relation to the supply of labels by us to you:
L1 General. These terms form the basis on which we provide quotations to you in respect of labels, and supply and sell labels, to you. Each such quotation and supply and sale shall be eﬀected pursuant to these terms (unless in any speciﬁc case agreed otherwise in writing). Any quotation, invoice or other document evidencing or describing any labels is incorporated into, and forms part of, the contract of supply with you.
L2 Quotations. A quotation only remains valid for 30 days from the date it is given. Any quotation may be withdrawn by us at any time prior to your acceptance, by notice to you.
L3 Where art or design is supplied you, all quotations are based on this copy being completed to our speciﬁcation. Any additional work required to obtain copy to our speciﬁcation will be paid for by you.
L4 Our quotations will be deemed to interpret your written and verbal instructions. You are requested to carefully check and approve all quotations before any further work proceeds.
L5 A quotation does not give rise to a binding contract in respect of the relevant labels until you place a written order and that order is accepted by us in writing.
L6 Cancellation and Suspension. You are bound to pay the price from the time that an order is placed with us. No order may be cancelled without our prior written approval, and then only upon such terms as we may specify in writing (acting reasonably).
L7 The suspension of any work for a period of 30 days or more by you will entitle us to immediate payment in full of the portion of the work completed.
L8 We may impose a credit limit at any time for future orders, which may be altered at our discretion with eﬀect from the date that we notify you of such alteration.
L9 Variations. In the case of labels printed or made to your order, we may deliver up to 10% more or less than the quantity of labels ordered, and you agree to accept and pay for the quantity delivered.
L10 All quotations are based on original speciﬁcations. Any additional costs associated with any variation or alteration to these speciﬁcations will be paid for by you at current rates.
L11 There is no guarantee that production prints exactly match colour proofs because of variations in proof preparation methods and substrates. However, we will use all reasonable endeavours to provide a commercially acceptable ﬁnished product.
L12 We will not be liable in any way whatsoever (including negligence) for errors or omissions arising from an oversight or misinterpretation of your verbal instructions, or where a proof has been submitted to and approved by you.
L13 Rights Retained By Customer. Where you have been separately invoiced for the cost of design, origination, platemaking, positive or negative ﬁlm, blocks or other such work, you will retain all rights in such materials free of any security interest (per clauses 20 and 21) to us.
L14 Customer Property. Any property of yours, which is held by us, is at your risk. We will use all reasonable endeavours to produce good results from the use of materials or equipment supplied by you. However, we do not accept responsibility for sub-standard work caused by defects in or the unsuitability of any materials or equipment supplied by you. Any change or correction necessary to supply properly ﬁnished work will be paid for by you. Where you supply materials or equipment, adequate supplies must be furnished to cover spoilage.
L15 We may dispose of any property of yours, which we are still holding, after the first anniversary of the date of the relevant invoice. All proceeds arising from such disposal may be used by us to oﬀset the cost of storage and sale and any other moneys owning to us. The balance will be refunded to you.
L16 Electronic Images / Files. We are not responsible for any accidental damage to any images or ﬁles which you supply to us and you will be deemed to have retained a copy of such images / ﬁles.
L17 Unless otherwise agreed with you, you have no right or title to material stored by us in any electronic form of storage.
L18 If we agree to duplicate or transfer stored electronic material to you, we will have the right to charge for such service.
L19 Claims In Respect Of Goods. To the extent permitted by law, if labels supplied by us are damaged or defective or if you make any other claim in respect of the labels and/ or services supplied by us, then we may (at our sole discretion) repair or replace the labels and/ or services or refund the price of the labels and/ or services provided that:
a. all claims must be reported to us within 48 hours of delivery of the relevant labels and/ or provision of the services; and
b. all claims must be fully documented giving details of the alleged damage or defect in the labels and/ or services (as applicable).
L20 Intellectual Property Infringement. You warrant that the use by us of any design, or instructions supplied by you will not infringe any intellectual property of any other person and you indemnify us against any claim relating to or arising from the infringement of any intellectual property of any other person.
L21 Illegal/Libelous Matter. We are not obliged to print any illegal or libelous matter and you indemnify us against any claim relating to or arising from the printing of such matter from any third party.
These Terms have been read and understood by the customer who agrees to be bound by them in relation to goods presently and after acquired from Wedderburn Scales Limited (whether they be sold or hired). In particular, Wedderburn Scales Limited takes a security interest in all your present and after acquired goods.