CONDUCTOR HUB PTY LTD
ACN: 618 843 342
PO BOX 1510 OXENFORD QLD 4210
CONDUCTOR HUB PTY LTD
STANDARD GUARANTEE AND INDEMNITY
This document supplements the installation guide provided with the
purchase of the Unit. The Purchaser must comply with all relevant
licensing and legislative requirements regarding installation of the Unit.
In these standard terms (“Standard Terms”):
Claim means in relation to any person, a claim, action or proceeding,
judgement, damage, loss, cost, expense or liability incurred by or to or
made or received by or against the person, however arising and whether
present, unascertained, immediate, future or contingent.
Conductor Hub means Conductor Hub Pty Ltd ACN 618 843 342.
Confidential Information means this Contract and any and all Conductor
Hub information made available to the Purchaser with any information
that concerns the business, operations, finances, plans or customers of
the Conductor Hub disclosed to or acquired by the Purchaser (including
any information derived from such information), but does not include
information which is or becomes public knowledge other than by a breach
of this Contract.
Contract means this entire contract between Conductor Hub and the
Purchaser.
Intellectual Property means any subject matter, whether tangible or
intangible, that attracts, or is susceptible to protection by, Intellectual
Property rights.
Installer means the Purchaser or any contractor engaged by the
Purchaser to assist with or completing the installation of the Unit, who
holds the necessary licence to install the Unit.
Order means a document entitled “Tax Invoice”, “Purchase Order” or
“Service Order”, which is issued by Conductor Hub to the Purchaser for
the purchase and supply of the Unit and any associated products.
Purchaser means the party (whether an individual or a corporate entity)
which places an Order.
Unit means the conductor hub product as described in the installation
booklet and includes lid assemblies whether sold with or separately to the
conductor hub product.
1) INTELLECTUAL PROPERTY
a) The Purchaser acknowledges that Conductor Hub owns all
Intellectual Property in any specifications, technical data,
drawings, designs and other materials provided by Conductor
Hub for an Order (‘Conductor Hub Intellectual Property’);
b) The Purchaser must take any action required by Conductor
Hub to give effect to or confirm Conductor Hub’s ownership of
Conductor Hub Intellectual Property;
c) The Purchaser must not copy Conductor Hub Intellectual
Property except to the extent necessary to perform installation
of products contained in the Order;
d) The Purchaser must, on the request of Conductor Hub,
immediately return Conductor Hub Intellectual Property or
Confidential Information and any copies of it;
e) The Purchaser must restrict access to the Conductor Hub
Intellectual Property or Confidential Information to such of its
contractors or employees who need to know it for installation
and use of the Unit, and to enforce, at its own expense, any
obligation owed to it by its own employees not to disclose any
information received by them; and
f) The Purchaser must not use Confidential Information disclosed
to it under this Order for any purpose other than the purpose of
installation of the Unit.
2) DRAWINGS, SPECIFICATIONS AND DESIGNS
a) If any specifications, technical data, drawings, designs and
other materials for an Order (“Developed Intellectual Property”)
are prepared by Conductor Hub, its employees or any other
person, the Purchaser must assign all Intellectual Property
rights in these to Conductor Hub, and take any action required
by Conductor Hub to give effect to this clause, including
obtaining any assignment from its employees or a third party;
and
b) The Purchaser must not copy or use any Developed Intellectual
Property for any purpose other than to install products subject
of the Order.
3) LIABILITY & INDEMNITY
a) The Unit is compliant and compatible with the requirements of
AS/NZS3000:2007 and the installation instructions provided are
a guide only. The Installer must ensure they comply with
licensing requirements of installation. Conductor Hub is not
liable for any loss or damage suffered by the Purchaser as a
result of defective, incorrect or incomplete installation of the
Unit;
b) Notwithstanding anything contained in the Contract, Conductor
Hub is not liable for any Claim for or in relation to damage, loss,
personal injury, property damage, consequential loss, whether
arising from negligence, breach of Contract, action in tort or
otherwise in connection with or arising out of or in any way
related to, whether directly or indirectly, the installation of the
Unit, the provision or use of the goods under the Order, or any
condition, covenant, warranty, obligation or liability arising
under the Order; and
c) To the extent permitted by law, the Purchaser must indemnify
and keep indemnified Conductor Hub and its employees,
directors, contractors and agents from and against all losses,
damages, costs, charges, expenses, fines, penalties and
liabilities arising out of or in connection with the installation of
any products of Conductor Hub or terms of this Contract by the
Purchaser or the Purchaser’s personnel, including contractors
engaged directly or indirectly by the Purchaser or any wilful
misconduct or negligent act or omission of the Purchaser or the
Purchaser’s personnel.
4) GUARANTEE
a) The guarantee on any materials provided or associated with the
contract shall become void if:
i) The Purchaser fails to sufficiently maintain any associated
work performed by Conductor Hub, or fails to sufficiently
maintain any products supplied by Conductor Hub; or
ii) There occurs misuse or use by the Purchaser in a manner
other than that intended or specified by Conductor Hub of
any work, or misuse or use other than that intended or
specified by Conductor Hub of materials supplied by
Conductor Hub; and
iii) Under Schedule 2 Section 64A of the Competition and
Consumer Act 2010 (Cth) the liability of Conductor Hub for
failing to comply with a guarantee and for supply of
defective goods or services is limited to one or more of the
following:
(1) Replacement of materials or the supply of equivalent
materials;
(2) Repair of materials;
(3) Payment of the cost of replacing the materials or
acquiring equivalent materials; and
(4) Payment of the cost of having the materials repaired.
(b) Conductor Hub warrants that all goods will comply with and
operate under their specifications and be free from any design,
manufacturing and/or material defect affecting the goods for 12
months commencing on the date the Unit is delivered to the
Purchaser.