Terms and Conditions for all orders and use of this website.
1. Use of Website
1.1. References in these Terms and Conditions to “JUDD”, “we”
“us” or “our” are references to JUDD Studio Engineering, a
partnership or company incorporated in New Zealand with its
registered office at Suite 2828, PO Box 8300, Johnsonville,
Wellington 6037 New Zealand. References to “you”, “your” and
“users” are references to users of the Website and/or Purchasers
of the Product (each as defined below) from time to time, as
applicable.
1.2. These Terms and Conditions govern access to and use of the
following website: www.juddpro.com or any subsequent URL used by
JUDD from time to time and set out the terms as shall apply
between JUDD and Purchasers in relation to the sale and purchase
of Products.
1.3. No additions to or modifications of these Terms and
Conditions shall be effective unless accepted by JUDD in
writing. JUDD may modify these Terms and Conditions by posting
an updated copy of them on the Website from time to time. By
continuing to use the Website or purchase any Products you agree
to the amended Terms and Conditions.
1.4. JUDD has issued a Privacy Policy, located here:
(www.juddpro.com/privacy-policy.php). The Privacy Policy, in
such form as may be amended from time to time and posted on the
Website, is deemed incorporated by reference into these Terms
and Conditions as if fully set forth in these Terms and
Conditions. By using the Website or purchasing any Products you
are also agreeing to the terms of the Privacy Policy as
contained on the Website. Among other things, the Privacy Policy
sets out the information which JUDD may gather about you through
your use of the Website and/or purchase and use of Products and
the way in which JUDD will use that information.
1.5. You will not use the Website or any Products for any
purpose that is unlawful or prohibited by these Terms and
Conditions.
1.6. JUDD controls and operates this Website from its
headquarters in New Zealand and makes no representation that the
Products or the materials on the Website are appropriate or will
be available for use in locations other than New Zealand.
1.7. You may view, download for caching purposes only, and print
pages from the Website for your own personal use, subject to the
restrictions set out below and elsewhere in these Terms and
Conditions. You acknowledge and agree that you have no right to
modify, edit, alter or enhance any of the material on the
Website in any manner. This limited license terminates
automatically, without notice to you, if you breach any of these
Terms and Conditions. Upon any termination of this limited
license, you agree to immediately destroy any electronic or
printed materials and cease using the Website.
1.8. You must not:
1.8.1. Republish material from the Website (including
republication on another website);
1.8.2. Sell, rent or sub-license material from the Website;
1.8.3. Show any material from the Website in public;
1.8.4. Reproduce, duplicate, copy or otherwise exploit material
on the Website for a commercial purpose;
1.8.5. Edit or otherwise modify any material on the Website
other than as relates to your personal profile where expressly
permitted on the Website; or
1.8.6. Redistribute material from the Website except for content
specifically and expressly made available for redistribution.
1.9. Where content is specifically made available for
redistribution, it may only be redistributed within your
organisation.
1.10. You shall not commit any act which causes or may cause
damage or loss to our reputation or harms any trademarks or
other intellectual property owned by us or an affiliate of ours
and shall indemnify us for any loss or damage which may be
suffered by us, or an affiliate of ours, as a result of any
breach of any undertaking contained in this section.
1.11. JUDD has the right to terminate your access to the Website
(in whole or in part) at any time, without notice, for any
reason, including without limitation, breach of these Terms and
Conditions or any contract formed as anticipated by these Terms
and Conditions. JUDD may also at any time, at its sole
discretion, discontinue the Website (or any part thereof) and/or
the provision of any Products (or any part thereof) without
prior notice and shall not be liable to you or any third party
for any termination of your access to the Website or any
Products.
2. Products and ordering/payment process
2.1. JUDD provides, through the Website and subject to these
Terms and Conditions, a means by which users can purchase from
JUDD products [manufactured by or on behalf of JUDD] as
described from time to time on the Website (the Products). A
reference to a Product on the Website does not imply that such
Product is, or will be, available to you or in your jurisdiction
in whole or in part.
2.2. In order to purchase Products via the Website you must
complete the ordering process as set out in this clause 2
2.3. If a user wishes to purchase a Product, it shall place an
order through the Website in the manner provided. We use PayPal
as our payment agent for sales of Products.
2.4. The ordering and payment steps are as follows: (a) The user
places an order for Products on the Website and pays the Price
for the Products at the same time through our payment agent
PayPal; (b) the user receives a confirmation email from PayPal
that payment of the Price for the Products has been received;
(c) subject to such payment in full and subject to clause 2.6,
the user receives a confirmation email from us confirming that
the order is to be despatched; and (d) subject to such payment
in full and subject to clause 2.6, the purchased Products are
dispatched in the manner provided in these Terms and Conditions.
2.5. Each order a user places through the Website shall be
deemed to be an offer by the user to purchase the Product(s)
specified in the order on and subject to (1) these Terms and
Conditions, (2) the terms described on or linked to the page(s)
relating to the Product and (3) any additional terms and
conditions as notified to the user by us.
2.6. JUDD shall not be obliged to accept any or all orders
issued by users. No order shall be deemed to be accepted by JUDD
until it issues an order confirmation email to the user as
provided in clause 2.4.
2.7. Once JUDD issues an order confirmation email to a user as
described in clause 2.4, this forms a contract between JUDD and
the user (Purchaser) as regards the sale and purchase of the
relevant Products on the terms as stated in such email and the
terms of these Terms and Conditions as then applying (including,
without limitation the terms as set out in clause 3).
2.8. Acceptance by JUDD of an order by a user shall be effective
in New Zealand and shall form a contract between JUDD and the
Purchaser in New Zealand under and subject exclusively to the
laws of New Zealand for the sale and purchase of the Product.
2.9. When a Purchaser makes a purchase of Product it will be
required to provide JUDD and/or its payment agent PayPal with
the following accurate, complete and current information: its
full name, address, telephone number, e-mail address, and
current credit card information (including full name, billing
address, credit card number, expiry date and CVC number) for a
valid credit card that the Purchaser is authorised to use.
2.10. By placing an order through the Website, if an individual,
you warrant to JUDD that you are not younger than the greater of
the age of 18 years (Age).
2.11. By placing an order through the Website, if representing a
company, you warrant to JUDD that:
2.11.1. you are authorised to enter into binding legal
obligations on behalf of the company; and
2.11.2. the company has the right, power and authority to
execute and deliver, and to exercise its rights and perform its
obligations under these Terms and Conditions and any contract
formed as anticipated by these Terms and Conditions.
2.12. By placing an order or otherwise agreeing to the Terms and
Conditions you authorise us or our agent to undertake any such
verification checks from time to time as we may require
ourselves or may be required by third parties (including, but
not limited to, regulatory bodies) to confirm the facts
warranted under this clause 2. You agree that from time to time,
upon our request, you may be required to provide additional
details in respect of any of such information you have provided
us.
2.13. It may be an offence for persons under the Age to make use
of the Website or purchase a Product. If we are unable to
confirm that you are the Age then we may suspend all
transactions until such time that we are able to confirm that
you are the Age.
2.14. By making a purchase of Product, each Purchaser warrants
to JUDD that all information provided by it to JUDD or its
payment agent PayPal is true, accurate and complete and that it
is authorised to use the credit card whose details were provided
to facilitate payment for the purchase.
2.15. You agree that JUDD and/or its payment agent PayPal may
process your personal information that you provide to it or its
payment agent PayPal for the purposes of providing any Products
to you and JUDD sending marketing communications to you, and
that the Privacy Policy set out on the Website (see [insert
link]) governs our collection and processing of your personal
information.
3. Terms of sale of Products
3.1. Products are pictured and described on the Website (Product
Specifications). Information as to price, payment terms and the
process relating to the purchase of a Product are described on,
or linked to, the page(s) on the Website relating to such
Product. JUDD shall charge and you shall pay for the Products in
the manner and in the amounts as set out on
www.juddpro.com/products.php as may be amended from time to time
(Price). All Prices are in United States dollars.
3.2. JUDD reserves the right to change its prices and pricing
structure, terms for Purchasers, payment terms and the process
relating to the sale and purchase of Products from time to time
and users will be given reasonable written notice on the Website
of any such changes.
3.3. The Price is inclusive of New Zealand goods and services
tax (if any) and exclusive of all other sales tax, duties,
tariffs and other taxes levied or assessed in any jurisdiction
in connection with the sale, purchase, import, export or use of
the Products.
3.4. A reference to a Product on the Website does not imply that
such Product is, or will be, available to any person or in such
person’s jurisdiction in whole or in part.
3.5. When a Purchaser purchases a Product from JUDD under these
Terms and Conditions, the following terms shall also apply:
3.5.1. The parties agree that the sale and purchase of Product
as provided under these Terms and Conditions is a transaction in
trade between two traders and not a consumer sale. To the
fullest extent permitted by law, all warranties and
representations as regards the Product and the effect of all
consumer protection legislation (including, without limitation,
the Consumer Guarantees Act 1993 (NZ)), are expressly excluded
except as stated in these Terms and Conditions or as otherwise
agreed in writing by JUDD.
3.5.2. JUDD shall supply the Product in accordance with accepted
orders from Purchaser as provided in these Terms and Conditions.
3.5.3. To the fullest extent permitted by applicable law, the
Product is provided “as is” without any express or implied
warranty of any kind, including warranties of merchantability,
non-infringement of intellectual property, or fitness for any
particular purpose.
3.5.4. The Purchaser shall comply with all laws and regulations
for the time being in force relating to the sale, purchase,
export, import and use of the Product.
3.5.5. Title in the Product shall pass to the Purchaser upon
receipt of payment in full by the Purchaser for the Product.
3.5.6. Risk in the Product shall pass to the Purchaser upon
delivery to the Purchaser and delivery to the Purchaser shall be
deemed to take place when the order is picked up from us by the
delivery agent to transport the Product to the Purchaser.
3.5.7. Delivery of Products will be through local or
international courier or postal services (or such other
equivalent delivery service as determined by JUDD from time to
time) to the Purchaser’s delivery address and at Purchaser’s
cost.
3.5.8. Delivery time for Products may vary based upon (a)
inventory availability, (b) your delivery address, (c) when you
place an order, and (d) other circumstances impacting delivery.
Accordingly, JUDD makes no guarantees as to actual delivery
time. Delivery times for custom printed or manufactured items is
generally 7 working days but may take up to 30 working days if
delays with delivery or customs are encountered.
3.5.9. The following terms apply wherever the Consumer
Guarantees Act 1993 (NZ) does not apply to this Agreement, or
where the following terms are not inconsistent with the Consumer
Guarantees Act 1993:
(a) Defective Product which does not materially comply with the
Product Specifications shall, at JUDD's discretion be repaired
or replaced, or the Price refunded.
(b) Any right which the Purchaser may have to reject any
non-conforming or defective Product shall only be effective if
the Purchaser notifies JUDD in writing within 14 days following
delivery and JUDD or its agent is given the opportunity to
inspect the Product.
(c) No Product shall be returned unless JUDD has agreed in
advance.
3.5.10. In consideration of being permitted to purchase the
Product, the Purchaser hereby personally assumes all risks
associated with the use of the Product, whether such risks are
foreseen or unforeseen, that may affect the Purchaser while
using the Product. The Purchaser’s agreement to purchase the
Product means that it affirms that it is aware that use of the
Product involves inherent risks that may result in serious
injury or death.
3.5.11. If the Purchaser resells any Product before ownership of
the Product has passed to the Purchaser, the proceeds of such
sale shall be received and held by the Purchaser (in whatever
form) in trust for both the Purchaser and JUDD. JUDD’s interest
as beneficiary under that trust shall be that portion of the
proceeds which does not exceed the Purchaser's indebtedness to
the JUDD under these Terms and Conditions or any contract formed
as anticipated by these Terms and Conditions. The balance of the
proceeds (if any) shall be the Purchaser's beneficial interest
under that trust.
3.5.12. All trade marks, trade names, copyrights, and other
intellectual property rights and designs in relation to the
Product supplied by or on behalf of the JUDD shall be and remain
the property of JUDD and no user (including the Purchaser) will
at any time claim any right or property therein or register or
cause to be registered in any part of the world any trade mark,
trade name, copyright or design similar to or a colourable
imitation of any trade mark, trade name, copyright or design
which is the property of JUDD.
3.5.13. The Purchaser may not itself manufacture any Product or
engage others to manufacture any Product.
3.5.14. Without limitation to clause 6, JUDD’s liability
(whether in tort, for breach of contract or otherwise) to the
Purchaser arising out of all claims for any loss or damage under
these Terms and Conditions or any contract formed as anticipated
by these Terms and Conditions or in respect of the Products will
not exceed in aggregate an amount equal to the Price actually
paid by the Purchaser to JUDD under the applicable contract
formed as anticipated by these Terms and Conditions in respect
of the applicable Product.
3.5.15. JUDD will not be liable in any event for loss of profits
or any indirect, consequential or special loss or damage
suffered or incurred by the Purchaser as a result of any act or
omission of JUDD under these Terms and Conditions or any
contract formed as anticipated by these Terms and Conditions.
3.5.16. The Purchaser agrees to exempt and release JUDD, its
agents, officers, contractors, assigns, affiliates and all
related entities (Released Parties), from all liability or
responsibility whatsoever for personal injury, property damage,
or wrongful death however caused, including but not limited to
the negligence of the Released Parties, whether passive or
active.
3.5.17. The Purchaser shall not be entitled to withhold payment
of any sums after they become due by reason of any right of
set-off or counterclaim which the Purchaser may have or allege
to have or for any other reason whatsoever.
3.6. Safety:
3.6.1. Prior to installation, all Products must be fully
inspected, safety assessed and fire assessed by the Purchaser.
All Products must also be fully inspected and installed by a
trained and qualified professional electrician.
3.6.2. JUDD takes no responsibility whatsoever for any damage,
injury, or death caused by use of or installation of any
Products.
3.6.3. Warning fixtures for medical, critical, weapon control
systems or x-ray or radiation devices must be tested thoroughly
hourly by a trained staff member who is knowledgeable in this
specific warning fixture.
3.6.4. Items must not act as the primary warning source and
should be used as a secondary warning source only.
3.6.5. JUDD is supplying an empty sign written aluminium and
plexiglas enclosure only. All electronics, wiring, hook-ups, and
other associated control gear are entirely the responsibility of
the Purchaser, to install, manage, determine suitability and
frequently test.
3.6.6. Lights and signs are sold as empty cabinets only. Some
Products have the option of having a third party LED matrix
installed before delivery. The installed modules are not
manufactured, warranted, tested or guaranteed by JUDD.
3.6.7. When fixtures are provided as mains voltage 110-250v the
power supplies used are a third party product and JUDD takes no
responsibility and makes no guarantee with regard to the safety,
lifespan or installation procedure of these third party
products.
3.6.8. The LED modules used in some fixtures supplied by JUDD
are rated at 50,000 hours or less before requiring replacement,
and may fail to operate at any time, under any circumstances,
without notice. It is entirely the responsibility of the
Purchaser to keep track of this lifespan, test the fixture
hourly and replace when necessary.
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3.7. JUDD:
3.7.1. warrants to the Purchaser that Product sold to the
Purchaser as anticipated by these Terms and Conditions will
comply in all material respects with the Product Specifications;
and
3.7.2. warrants to the Purchaser that, except to the extent that
the Product is produced specifications provided by the
Purchaser, the sale of the Product to the Purchaser as
anticipated by these Terms and Conditions will not infringe any
patent, trade mark, copyright or registered design.
3.8. The Purchaser:
3.8.1. will use each Product in a proper and careful manner only
for the purposes for which it was intended and in accordance
with any instructions provided by JUDD;
3.8.2. will comply with all relevant statutes, regulations and
by-laws relating to the sale, purchase, export, import and use
of the Products;
3.8.3. warrants that, where a limited liability company, it is
duly organised and validly existing under the laws of its
country of incorporation and it has the power to enter into and
perform its obligations under these Terms and Conditions and any
contract formed as anticipated by these Terms and Conditions
3.8.4. warrants that it has all necessary consents, licences and
approvals in connection with the entry into and performance of
its obligations under these Terms and Conditions and any
contract formed as anticipated by these Terms and Conditions;
and
3.8.5. warrants that its entry into any contract formed as
anticipated by these Terms and Conditions and performance of its
obligations under such contract will not violate or conflict
with, or exceed any limit imposed by (i) any applicable law to
which it is subject; (ii) its constitutional
documents/memorandum and articles of association or (iii) any
other agreement, instrument or undertaking binding upon it; and
3.8.6. has no right or authority to and shall not do any act,
enter into any contract, make any representation, give any
warranty, incur any liability, assume any obligation, whether
express or implied, of any kind on behalf of JUDD or bind JUDD
in any way.
3.9. JUDD may refuse to process a transaction for any reason or
refuse to supply Products to anyone at any time at JUDD’s sole
discretion. JUDD will not be liable to any person by reason of
so refusing or by reason of unwinding or suspending any
transaction after processing has begun.
3.10. JUDD may refuse to process a transaction for any reason or
refuse service to anyone at any time at our sole discretion. We
will not be liable to you or any third party by reason of so
refusing or by reason of unwinding or suspending any transaction
after processing has begun.
3.11. Any goods or services supplied or made available through
the Website from time to time other than Products are supplied
by the applicable third party and not by JUDD (unless agreed
otherwise by JUDD in writing). Any dealings between you and such
third party, including payment for and delivery of services and
any other terms, conditions, warranties or representations, acts
or omissions associated with such dealings, are solely between
you and such or third party. You agree not to hold JUDD liable
for any loss or damage of any kind incurred as the result of any
such dealings. You agree to indemnify JUDD for any loss or
damage of any kind incurred by JUDD as the result of any such
dealings or as a result of any material contained on the Website
provided by you or on your behalf.
3.11a. The purchacer takes all responsibility for any import
duties, taxes , GST, charges or additional fees or fines that
may arise after this item is dispatched from New Zealand.
3.11b. The purchacer gives all rights to JUDD to use their name
or their company name as a user of our products in any future
marketing material either online or print.
3.12. Force Majeure:
3.12.1. If JUDD is prevented from fulfilling its obligations
under these Terms and Conditions or any contract formed as
anticipated by these Terms and Conditions, by riots, strikes,
lock-outs or other civil commotion, or by war, Act of God,
earthquake, fire, damage to plant or other catastrophe, by
Government regulation or decree or by any other circumstances
beyond the control of JUDD and which could not have been
reasonably foreseen, JUDD shall promptly notify the user of the
situation or event which makes it impossible to carry out in
whole or in part its obligations.
3.12.2. Any loss or damage to, or delays in, or failure of
performance of JUDD under the conditions described in clause
3.12.1 shall not constitute default under these Terms and
Conditions or any contract formed as anticipated by these Terms
and Conditions or give rise to any claims for damages.
3.12.3. Either JUDD or the Purchaser may terminate any contract
formed as anticipated by these Terms and Conditions on written
notice to the other party if any situation or event described in
this clause 3.12 continues for more than 90 days which is
affected by the conditions described in clause 3.12.1.
4. User Account, Password and Security
4.1. Should you wish to register your details on the Website as
a You agree that JUDD may process your personal information that
you provide to it for the purposes of providing any Products to
you and (with your consent) sending marketing communications to
you, and that the Privacy Policy set out on the Website (see
www.juddpro.com/privacy-policy.php governs our collection and
processing of your personal information.
4.2. User), you will be required to provide certain information
and register a username and password for use on the Website. You
are responsible for maintaining the confidentiality of the
username and password and also for all activities which take
place under your account. You agree to immediately notify us of
any unauthorised use of your password or account or any other
breach of security. In no event will JUDD be liable for any loss
or damage whatsoever resulting from the disclosure of your
username and/or password. You may not use another person’s
account at any time, without the express permission of the
account holder.
4.3. JUDD has taken reasonable measures (physical,
organisational and technological) to safeguard against
unauthorised access to your personal information, and to safely
store the same. However, the internet is not a secure medium and
the privacy of your communications and personal information can
never be guaranteed. JUDD has no control over the practices of
third parties (e.g. website links to the Website, third-party
sponsors or third parties who misrepresent themselves as you or
someone else).
You agree to notify JUDD immediately of any unauthorised use of
your passwords or accounts and to reimburse JUDD for any
improper, unauthorised or illegal use of the same by you or by
any person obtaining access to the Website, Products or
otherwise, by using your designated username and password,
whether or not you authorised such access.4.4.
5. Links to Third Party Websites
5.1. The Website may include links to third party websites that
are controlled and maintained by others. Accordingly, JUDD
cannot accept any responsibility for the materials or offers for
services featured on such websites. Any link to other websites
is not an endorsement of such websites or a warranty that such
websites will be free of viruses or other such items of a
destructive nature, and you acknowledge and agree that JUDD is
not responsible for the content or availability of any such
sites.
5.2. Please note that any goods or services supplied or made
available through websites which are linked to the Website are
supplied by third parties and not by JUDD (unless stated
otherwise). Any dealings between you and such third parties,
including payment for and delivery of services and any other
terms, conditions, warranties or representations, acts or
omissions associated with such dealings, are solely between you
and the third party. You agree not to hold JUDD liable for any
loss or damage of any kind incurred as the result of any such
dealings.
6. Disclaimers and limitation of liability
6.1. The nature of internet communications means that the
Website may be susceptible to data corruption, interception,
non-availability and delays. The Website may also be unavailable
from time to time due to repairs, maintenance or development
work. You agree that JUDD has no obligation to provide support
for the Website.
6.2. Use of the Website is at your own risk. The Website is
provided on an “as is” and “as available” basis without any
representation or endorsement made, and without warranty or
guarantee of any kind, whether express or implied, including,
but not limited to, the implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy. JUDD makes no warranty
that defects will be corrected or that the Website or the server
that makes them available are free of viruses or anything else
which may be harmful or destructive.
6.3. To the extent permitted by law, JUDD, its directors,
employees or other representatives, will not be liable for any
loss or damage (whether direct or indirect or consequential
loss) whatsoever (including, without limitation, loss of
business, opportunity, data, profits) arising out of or in
connection with your purchase or use of the Products or the
Website, whether caused by negligence or otherwise.
6.4. If you are dissatisfied with the Website or any content or
materials in it, your sole exclusive remedy is to discontinue
your use of it.
6.5. All warranties, conditions and other terms implied by law
are, to the fullest extent permitted by law, excluded from the
Terms and Conditions and any contract formed as anticipated by
these Terms and Conditions.
6.6. Nothing in these Terms and Conditions or in any contract
formed as anticipated by them shall exclude or restrict JUDD’s
liability in respect to fraudulent misrepresentation or any
other liability which cannot be limited by applicable law.
Except to the extent permitted by applicable law, these terms
are to be modified to the extent necessary to give effect to
that intention.
6.7. Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusions may not apply to you. You
may also have other rights that vary from jurisdiction to
jurisdiction.
7. JUDD’s remedies
7.1. You agree that any unauthorised use of our Website, the
Products and/or any related materials as a result of your
negligent act or omission would result in irreparable injury to
JUDD.
7.2. Unless otherwise stated in these Terms and Conditions, no
particulars, statements or descriptions, in whatever form
provided by JUDD concerning the Products, nor any verbal
representations by any agent, employee or representative of
JUDD, shall form part of the Terms and Conditions or be treated
as constituting a representation on the part of JUDD.
7.3. Without limitation to any other rights JUDD may have, you
agree to indemnify and hold JUDD harmless from and against any
breach by you of these Terms and Conditions or any contract
formed as anticipated by these Terms and Conditions, including
without limitation, all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses (including reasonable
legal costs and expenses) howsoever suffered or incurred by JUDD
in consequence of your breach of these Terms and Conditions or
any contract formed as anticipated by these Terms and
Conditions.
8. Confidentiality
8.1. Subject to clause 8.2, you will treat as strictly
confidential (A) all information received or obtained as a
result of accessing the Website, purchasing the Products or
otherwise relating to JUDD, (B) the subject matter and
provisions of the Website and these Terms and Conditions or any
contract formed as anticipated by these Terms and Conditions,
and (C) any negotiations between the parties.
8.2. You may disclose information which would otherwise be
confidential, if and to the extent, (A) required by law, (B) the
information has come into the public domain through no fault of
the user, or (C) JUDD has given prior written approval of the
disclosure, provided in each case that, subject to law, any such
information will be disclosed only after consultation with JUDD.
9. Trademarks and copyright
9.1. You shall not commit any act which causes or may cause
damage or loss to the reputation of JUDD or an affiliate of JUDD
or harm any trademarks owned by JUDD or an affiliate of JUDD
(Trademarks).
9.2. You shall not acquire any right, title or interest in or to
the Trademarks or the goodwill associated therewith, or in or to
any of the advertising, promotional or merchandising work or
material for or relating to the Products and belonging to or
developed by or for JUDD, and shall indemnify JUDD for any loss
or damage which may be suffered by JUDD, or an affiliate of
JUDD, as a result of any breach of any undertaking contained in
this clause.
9.3. JUDD or our licensors own the domain names for the Website
and all intellectual property rights in the Website and the
material on the Website. Such material may include, but shall
not be limited to, text, text elements, logos, buttons, images,
icons, source code, site design, structure, layout and
distribution as well as the selection, assembly and arrangement
thereof and any analysis JUDD may make of any such material).
Subject to the limited licence rights contained in clause 1.7,
all these intellectual property rights are reserved.
10. Other provisions
10.1. A reference in this clause 10 to the “Terms and
Conditions” is also a reference to any contract formed as
anticipated by these Terms and Conditions.
10.2. The user may not assign any of its rights under these
Terms and Conditions without the prior written consent of JUDD
and no variation of the Terms and Conditions is effective unless
agreed in writing by JUDD.
10.3. JUDD may at any time, without the consent of the user,
assign all or any part of its rights, benefits and/or
obligations arising pursuant to these Terms and Conditions to a
competent third party.
10.4. If any provision of the Terms and Conditions is held to be
illegal, void, invalid or unenforceable, the legality, validity
and enforceability of the remainder of the Terms and Conditions
shall not be affected.
10.5. Neither the failure to exercise nor any delay in
exercising any right under the Terms and Conditions shall impair
or operate as a waiver thereof, in whole or in part. No single
or partial exercise of any right under the Terms and Conditions
shall prevent any further or other exercise thereof or the
exercise of any other right.
10.6. These Terms and Conditions and any document expressly
referred to in them (including, without limitation, the Privacy
Policy) represent the entire agreement between us and supersede
any prior agreement, understanding or arrangement between us,
whether oral or in writing.
10.7. Nothing in these Terms and Conditions constitutes, or will
be deemed to constitute, a partnership between JUDD and you, nor
will it constitute, or be deemed to constitute, either of us as
the agent or representative of the other of us for any purpose.
10.8. Nothing in these terms is intended to have the effect of
contracting out of the provisions of the Consumer Guarantees Act
1993 (NZ) except to the extent permitted by that Act, and these
Terms and Conditions are to be modified to the extent necessary
to give effect to that intention.
10.9. If any provision of these Terms and Conditions shall be
held to be illegal, void, invalid or unenforceable under the
laws of any jurisdiction, the legality, validity and
enforceability of the remainder of these Terms and Conditions in
that jurisdiction shall not be affected, and the legality,
validity and enforceability of the whole of these Terms and
Conditions shall not be affected in any other jurisdiction.
10.10. No person who is not a party to these Terms and
Conditions shall have any right to enforce any term of these
Terms and Conditions provided that all rights of JUDD under
these Terms and Conditions shall extend (as determined by JUDD)
to all its affiliates, successors, assigns and licensors.
10.11. If you wish to communicate with JUDD, please click on
[insert details] on the Website for our contact details.
10.12. These Terms and Conditions are governed by and construed
in accordance with the laws of New Zealand and you hereby submit
to the exclusive jurisdiction of the New Zealand courts. This
clause will survive any expiry, cancellation or termination of
these Terms and Conditions for any reason.
11. Returns
11.1 Items are only able to be returned after pre
authorization has been
obtained from info@juddpro.com.
11.2 Items may only be returned if in 100% un-used, unopened
condition.
11.3 All returns requesting a refund are subject to a 20%
re-stocking fee.
11.4 Items may not be returned after 7 days after delivery
confirmation.
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