Terms & Conditions

1) Definitions
a) "Authentic Communication (NVC) Limited" means Authentic Communication (NVC) Limited T/As Authentic Communication, its subsidiaries, successors and assigns or any person acting on behalf of and with the authority of Authentic Communication (NVC) Limited T/A Authen.
b) "Customer" means the person/s buying goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
c) "Goods" means all Goods or Services supplied by Authentic Communication (NVC) Limited to the Customer at the Customer's request from time to time (where the context so permits the terms 'Goods' or 'Services' shall be interchangeable for the other).
d) "Equipment" means all Equipment including any accessories supplied on hire by Authentic Communication (NVC) Limited to the Customer (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Authentic Communication (NVC) Limited to the Customer.
e) "Price" means the Price payable for the Goods/Service as agreed between Authentic Communication (NVC) Limited and the Customer in accordance with clause 6 below.
2) Acceptance
a) The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods/Equipment
b) These terms and conditions may only be amended with Authentic Communication (NVC) Limited' consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Authentic Communication (NVC) Limited.
c) Where the Customer requesting or organising Authentic Communication (NVC) Limited to provide Services is acting with or on behalf of any third party and that third party is intended to be responsible for the payment (or any part thereof) of the Price then in the event that the third party does not pay for the Services when due, the Customer acknowledges that they shall be liable for the payment of the Price as if they had contracted the Services on their own behalf.
3) Electronic Transactions Act 2000
a) Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 22 of the Electronic Transactions Act 2002 or any other applicable provisions of that Act or any Regulations referred to in that Act.
4) Change in Control
a) The Customer shall give Authentic Communication (NVC) Limited not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer's details (including but not limited to, changes in the Customer's name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Authentic Communication (NVC) Limited as a result of the Customer's failure to comply with this clause.
5) Authorised Representatives
a) Unless otherwise limited as per clause 5 (b) the Customer agrees that should the Customer introduce any third party to Authentic Communication (NVC) Limited as the Customer's duly authorised representative, that once introduced that person shall have the full authority of the
Customer to order any Goods or Services on the Customer's behalf and/or to request any variation to the services on the Customer's behalf (such authority to continue until all requested Services have been completed or the Customer otherwise notifies Authentic Communication (NVC) Limited in writing that said person is no longer the Customer's duly authorised representative).
b) In the event that the Customer's duly authorised representative as per clause 5 (a) is to have only limited authority to act on the Customer's behalf then the Customer must specifically and clearly advise Authentic Communication (NVC) Limited in writing of the parameters of the limited authority granted to their representative.
c) The Customer specifically acknowledges and accepts that they will be solely liable to Authentic Communication (NVC) Limited for all additional costs incurred by Authentic Communication (NVC) Limited (including Authentic Communication (NVC) Limited' profit margin) in providing any works, materials, services or variation/s requested by the Customer's duly authorised representative (subject always to the limitations imposed under clause 5 (b) (if any).
6) Price and Payment
a) At Authentic Communication (NVC) Limited' sole discretion the Price shall be either:
i) as indicated on any invoice provided by Authentic Communication (NVC) Limited to the Customer; or
ii) Authentic Communication (NVC) Limited' quoted price (subject to clause 6.2) which will be valid for the period state in the quotation or otherwise for a period of thirty (30) days.
b) Authentic Communication (NVC) Limited reserves the right to change the Price if a variation to Authentic Communication (NVC) Limited' quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of increases to Authentic Communication (NVC) Limited in the cost of taxes, levies, materials and labour or where additional Services are required due to the discovery of hidden orunidentifiabledifficultiesincluding, but not limitedto, obscured machine defects, safety considerations, availability of parts or prerequisite work by any third party not being completed etc which are only discoveredoncommencement of the Services)will be chargedforonthebasisof Authentic Communication (NVC) Limited' quotation and will be shown as variations on the invoice.
c) At Authentic Communication (NVC) Limited' sole discretion a deposit may be required.
d) Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Customer on the date/s determined by Authentic Communication (NVC) Limited, which may be:
i) on delivery of the Goods/Equipment;
ii) for certain approved Customer's, due twenty (20) days following the end of the month in which a statement is posted to the Customer's address or address for notices.
iii) the date specified on any invoice or other form as being the date for payment; or
iv) Failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Authentic Communication (NVC) Limited.
e) Payment may be made by cash, bank cheque, electronic/on-line banking or by any other method as agreed to between the Customer and Authentic Communication (NVC) Limited.
f) Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Authentic Communication (NVC) Limited an amount equal to any GST Authentic Communication (NVC) Limited must pay for any supply by Authentic Communication (NVC) Limited under this or any other agreement for the sale of the Goods/hire of the Equipment. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the price.
7) Delivery of Goods/Equipment
a) Delivery of the Goods/Equipment is taken to occur at the time that:
i) the Customer or the Customer's nominated carrier takes possession of the Goods/Equipment at Authentic Communication (NVC) Limited' nominated address; or
ii) Authentic Communication (NVC) Limited (or Authentic Communication (NVC) Limited' nominated carrier) delivers the Goods/Equipment to the Customer's nominated address even if the Customer is not present at the address.
b) At Authentic Communication (NVC) Limited' sole discretion the cost of delivery is in addition to the Price.
c) The Customer must take delivery by receipt or collection of the Goods/Equipment whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods/Equipment as arranged then Authentic Communication (NVC) Limited shall be entitled to charge a reasonable fee for redelivery and/or storage.
d) Any time, or date, given by Authentic Communication (NVC) Limited tothecustomer isanestimateonly. The customer must still accept delivery of the goods/services even if late and Authentic Communication (NVC) Limited will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
8) Risk to Goods
a) Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
b) If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Authentic Communication (NVC) Limited is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Authentic Communication (NVC) Limited is sufficient evidence of Authentic Communication (NVC) Limited' rights to receive the insurance proceeds without the need for any person dealing with Authentic Communication (NVC) Limited to make further enquiries.
c) If the Customer requests Authentic Communication (NVC) Limited to leave Goods outside Authentic Communication (NVC) Limited' premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer's sole risk.
d) The Customer acknowledges and accepts that the supply of Goods/Equipment for accepted orders may be subject to availability and if, for any reason, Goods/Equipment are not or cease to be available, Authentic Communication (NVC) Limited reserves the right to vary the Price with alternative Goods/Equipment as per clause 4.2. Authentic Communication (NVC) Limited also reserves the right to halt all Services until such time as Authentic Communication (NVC) Limited and the Customer agree to such changes.
e) Where Authentic Communication (NVC) Limited gives advice or recommendations to the Customer, or the Customer's agent, with specific instructions regarding the use of the Goods and such advice or recommendations are not acted upon then Authentic Communication (NVC) Limited shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services.
f) Where Authentic Communication (NVC) Limited is required to install the Goods the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Authentic Communication (NVC) Limited shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
g) Authentic Communication (NVC) Limited shall not be held responsible for any damage to the Goods or delays to delivery caused by outside agents. Where the Customer requests Authentic Communication (NVC) Limited to repair such damage then Authentic Communication (NVC) Limited reserves the right to charge the Customer for any costs incurred in rectifying such damage.
h) The Customer acknowledges that Authentic Communication (NVC) Limited is only responsible for parts that are replaced by Authentic Communication (NVC) Limited and that in the event that other parts/Goods, subsequently fail, the Customer agrees to indemnify Authentic Communication (NVC) Limited against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising (including, but not limited to, flooding and/or damage to any materials).
9) Access
a) The Customer shall ensure that Authentic Communication (NVC) Limited has clear and free access to the work site at all times to enable them to undertake the Services. Authentic Communication (NVC) Limited shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Authentic Communication (NVC) Limited.
10) Title to goods/services
a) Authentic Communication (NVC) Limited and the Customer agree that ownership of the Goods shall not pass until:
i) The customer has paid Authentic Communication (NVC) Limiteds all the amounts owing to Authentic Communication (NVC) Limited; and
ii) The customer has med all of its other obligations to Authentic Communication (NVC) Limiteds.
b) Receipt by Authentic Communication (NVC) Limited of any form of payment other than cash shall not bedeemedtobe payment until that form of payment has been honoured, cleared or recognised.
c) It is further agreed that:
i) until ownership of the Goods passes to the Customer in accordance with clause 12.1 that the Customer is only a Bailee of the Goods and must return the Goods to Authentic Communication (NVC) Limited on request.
ii) The Customer holds the benefit of the Customer's insurance of the Goods on trust for Authentic Communication (NVC) Limited and must pay to Authentic Communication (NVC) Limited the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
iii) The Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Authentic Communication (NVC) Limited and must pay or deliver the proceeds to Authentic Communication (NVC) Limited on demand.
iv) The Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Authentic Communication (NVC) Limited and must sell, dispose of or return the resulting product to Authentic Communication (NVC) Limited as it so directs.
v) The Customer irrevocably authorises Authentic Communication (NVC) Limited to enter any premises where Authentic Communication (NVC) Limited believes the Goods are kept and recover possession of the Goods.
vi) Authentic Communication (NVC) Limited may recover possession of any Goods in transit whether or not delivery has occurred.
vii) The Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Authentic Communication (NVC) Limited.
viii) Authentic Communication (NVC) Limited may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
11) Personal Property Securities Act 1999 ("PPSA")
a) Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
i) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
ii) A security interest is taken in all Goods/Equipment previously supplied by Authentic Communication (NVC) Limited to the Customer (if any) and all Goods/Equipment that will be supplied in the future by Authentic Communication (NVC) Limited to the Customer.
b) The Customer undertakes to:
i) sign any further documents and/or provide anyfurther information (such information to be complete, accurate and up-to-date in all respects) which Authentic Communication (NVC) Limited may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
ii) indemnify, and upon demand reimburse, Authentic Communication (NVC) Limited for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods/Equipment charged thereby;
iii) not register a financing change statement or a change demand without the prior written consent of Authentic Communication (NVC) Limited; and
iv) Immediately advise Authentic Communication (NVC) Limited of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
v) Authentic Communication (NVC) Limited and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
vi) The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
vii) Unless otherwise agreed to in writing by Authentic Communication (NVC) Limited, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
viii) TheCustomer shall unconditionally ratify any action taken by Authentic Communication (NVC) Limited under clauses 13.1 to 13.5.
12) Security and Charge
a) In consideration of Authentic Communication (NVC) Limited agreeing to supply the Goods/Equipment, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
b) The Customer indemnifies Authentic Communication (NVC) Limited from and against all Authentic Communication (NVC) Limited' costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Authentic Communication (NVC) Limited' rights under this clause.
c) The Customer irrevocably appoints Authentic Communication (NVC) Limited and each director of Authentic Communication (NVC) Limited as the Customer's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Customer's behalf.
13) Customer's Disclaimer
a) The Customer hereby disclaims any right to rescind, or cancel any contract with Authentic Communication (NVC) Limited or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by Authentic Communication (NVC) Limited and the Customer acknowledges that the Goods are bought relying solely upon the Customer's skill and judgment.
14) Consumer Guarantees Act 1993
a) This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Hirer is contracting within the terms of a trade/business (which cases are specifically excluded).
15) Defects
a) The Customer shall inspect the Goods/Equipment on delivery and shall within three (3) days of delivery (time being of the essence) notify Authentic Communication (NVC) Limited of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Authentic Communication (NVC) Limited an opportunity to inspect the Goods/Equipment within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these
provisions the Goods/Equipment shall be presumed to be free from any defect or damage. For defective Goods/Equipment, which Authentic Communication (NVC) Limited has agreed in writing that the Customer is entitled to reject, Authentic Communication (NVC) Limited' liability is limited to either (at Authentic Communication (NVC) Limited' discretion) replacing the Goods/Equipment or repairing the Goods/Equipment.
b) Goods/Equipment will not be accepted for return for any reason other than those specified in clause 17.1 above (or in the case of Equipment hire, normal termination of Equipment hire in accordance with the full terms and conditions herein).
16) Warranty
a) For Goods not manufactured by Authentic Communication (NVC) Limited, the warranty shall be the current warranty provided by the manufacturer of the Goods. Authentic Communication (NVC) Limited shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
b) In the case of second hand Goods, the Customer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by Authentic Communication (NVC) Limited as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Authentic Communication (NVC) Limited shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
17) Default and Consequences of Default
a) Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Authentic Communication (NVC) Limited' sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
b) If the Customer owes Authentic Communication (NVC) Limited any money the Customer shall indemnify Authentic Communication (NVC) Limited from and against all costs and disbursements incurred by Authentic Communication (NVC) Limited in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Authentic Communication (NVC) Limited' collection agency costs, and bank dishonour fees).
c) Without prejudice to any other remedies Authentic Communication (NVC) Limited may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Authentic Communication (NVC) Limited may suspend or terminate the supply of Goods/Equipment to the Customer. Authentic Communication (NVC) Limited will not be liable to the Customer for any loss or damage the Customer suffers because Authentic Communication (NVC) Limited has exercised its rights under this clause.
d) Without prejudice to Authentic Communication (NVC) Limited' other remedies at law Authentic Communication (NVC) Limited shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Authentic Communication (NVC) Limited shall, whether or not due for payment, become immediately payable if:
i) any money payable to Authentic Communication (NVC) Limited becomes overdue, or in Authentic Communication (NVC) Limited' opinion the Customer will be unable to make a payment when it falls due;
ii) the Customerbecomesinsolvent, convenesameetingwith it'screditorsor proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
iii) A receiver, manager, liquidator (provisional or otherwise) or similar person isappointedin respect of the Customer or any asset of the Customer.
18) Cancellation
a) Authentic Communication (NVC) Limited may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Equipment at any time before the Goods/Equipment are delivered by giving written notice to the Customer. On giving such notice Authentic Communication (NVC) Limited shall repay to the Customer any money paid by the
Customer for the Goods/Equipment. Authentic Communication (NVC) Limited shall not be liable for any loss or damage whatsoever arising from such cancellation.
b) In the event that the Customer cancels delivery of Goods/Equipment the Customer shall be liable for any and all loss incurred (whether direct or indirect)by Authentic Communication (NVC) Limited asadirect result of the cancellation(including, but not limited to, any loss of profits).
c) Cancellation of orders for Goods/Equipment made to the Customer's specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
19) Privacy Act 1993
a) The Customer authorises Authentic Communication (NVC) Limited or Authentic Communication (NVC) Limited' agent to: access, collect, retain and use any information about the Customer;
i) (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer's creditworthiness; or
ii) For the purpose of marketing products and services to the Customer.
b) Where the Customer is an individual the authorities under clause 22.1 are authorities or consents for the purposes of the Privacy Act 1993.
c) The Customer shall have the right to request Authentic Communication (NVC) Limited for a copy of the information about the Customer retained by Authentic Communication (NVC) Limited and the right to request Authentic Communication (NVC) Limited to correct any incorrect information about the Customer held by Authentic Communication (NVC) Limited.
20) Unpaid Sellers' Rights
a) Where the Customer has left any item with Authentic Communication (NVC) Limited for repair, modification, exchange or for Authentic Communication (NVC) Limited to perform any other service in relation to the item and Authentic Communication (NVC) Limited has not received or been tendered the whole of any moneys owing to it by the Customer, Authentic Communication (NVC) Limited shall have, until all moneys owing to Authentic Communication (NVC) Limited are paid:
i) a lien on the item; and
ii) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
b) The lien of Authentic Communication (NVC) Limited shall continue despite the commencement of proceedings, or judgment for any moneys owing to Authentic Communication (NVC) Limited having been obtained against the Customer.
21) General
a) The failure by Authentic Communication (NVC) Limited to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Authentic Communication (NVC) Limited' right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal orunenforceablethevalidity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
b) Authentic Communication (NVC) Limited shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Authentic Communication (NVC) Limited of these terms and conditions (alternatively Authentic Communication (NVC) Limited' liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment hire).
c) The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Authentic Communication (NVC) Limited nor to withhold payment of any invoice because part of that invoice is in dispute.
d) Authentic Communication (NVC) Limited may license or sub-contract all or any part of its rights and obligations without the Customer's consent.
e) The Customer agrees that Authentic Communication (NVC) Limited may amend these terms and conditions at any time. If Authentic Communication (NVC) Limited makes a change to
these terms and conditions, then that change will take effect from the date on which Authentic Communication (NVC) Limited notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for Authentic Communication (NVC) Limited to provide Goods/Equipment to the Customer.
f) Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
g) The Customer warrants that it hasthepower to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
22) Equipment
a) The Equipment is and will at all times remain the absolute property of Authentic Communication (NVC) Limited.
b) If the Customer fails to return the Equipment to Authentic Communication (NVC) Limited then Authentic Communication (NVC) Limited or Authentic Communication (NVC) Limited' agent may (astheinviteeof the Customer) enter upon andintoland and premises owned, occupied or used by the Customer, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused.
c) The Customer is not authorised to pledge Authentic Communication (NVC) Limited' credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
23) Customer's Responsibilities
a) The customer shall:
i) Notify Authentic Communication (NVC) Limited immediately by telephone of the full circumstances of any Authentic Communication (NVC) Limited breakdown or accident. The Customer is not absolved from the requirements to safeguard the Equipment by giving such notification;
ii) satisfy itself at commencement that the Equipment is suitable for its purposes;
iii) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer's instruction whether supplied by Authentic Communication (NVC) Limited or posted on the Equipment;
iv) ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use; (e) comply with all occupational health and safety laws relating to the Equipment and its operation;
v) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Authentic Communication (NVC) Limited;
vi) keep the Equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Equipment;
vii) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing anyidentifyingmark, plate or number on or in the Equipment orinany other manner interfere with the Equipment;
viii) employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;
ix) not exceed the recommended or legal load and capacity limits of the Equipment;
x) not use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
xi) not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold;
xii) Indemnify and hold harmless Authentic Communication (NVC) Limited in respect of all claims arising out of the Customer's use of the Equipment.
b) Immediately on request by Authentic Communication (NVC) Limited the Customer will pay:
i) the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Authentic Communication (NVC) Limited.
ii) all costs incurred in cleaning the Equipment;
iii) all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to ten percent (10%) of the new list price of the Equipment;
iv) the cost of repairing any damage to the Equipment caused by the negligence of the Customer or the Customer's agent;
v) The cost of repairing any damagetotheEquipment caused by vandalism, or(inAuthentic Communication (NVC) Limited' reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Customer.
24) Copyright
a) Authentic Communication (NVC) Limited catalogue, our brochures and flyers, images and website content including text and images cannot be reproduced (in whole or in part) in any form without the express permission of Authentic Communication (NVC) Limited.
25) Privacy
a) To make the Authentic Communication (NVC) Limited experience easy and informative for you we need to collect some information about you. However we also appreciate that you could have some concerns about giving out personal information about yourself. So whenever we collect information, we'll always look after it, and comply with New Zealand's Privacy Act.
b) When you choose to enter information while on Authentic Communication (NVC) Limited website we receive and hold that information. This includes forms you complete, emails you send or any other contact you make with us about Authentic Communication (NVC) Limited.
c) Under no circumstances will we sell, rent or give your private information including name, address, email to third parties. We collect name and address information solely for the purpose of the delivery of goods.
d) Occasionally we may email you with special discount offers or information about new products. On each of these communications, we provide a means by which the recipient may choose to never receive these emails again.
e) Individual users are not identified in website statistics. These statistics are used to improve the site and monitor traffic. Under the Privacy Act 1993, you have the right to ask to see the information we hold about you. So if you would like to view or delete the information that we hold on you as a user of this website or customer, contact us.
26) Unlawful or prohibited Use
a) As a condition of your use of the Authentic Communication (NVC) Limited website, you warrant to Authentic Communication (NVC) Limited that you will not use the Authentic Communication (NVC) Limited website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Authentic Communication (NVC) Limited website in any manner which could damage, disable, overburden, or impair the Authentic Communication (NVC) Limited website or interfere with any other party's use and enjoyment of the Authentic Communication (NVC) Limited website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Authentic Communication (NVC) Limited website.
27) Use of Communications Services
a) The Authentic Communication (NVC) Limited website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
ii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
v) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
vi) Conduct or forward surveys, contests, pyramid schemes or chain letters.
vii) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
viii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
ix) Restrict or inhibit any other user from using and enjoying the Communication Services.
x) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
xii) Violate any applicable laws or regulations.
b) Authentic Communication (NVC) Limited has no obligation to monitor the Communication Services. However, Authentic Communication (NVC) Limited reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Authentic Communication (NVC) Limited reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
c) Authentic Communication (NVC) Limited reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Authentic Communication (NVC) Limited's sole discretion.
d) Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Authentic Communication (NVC) Limited does not control or endorse the content, messages or information found in any Communication Service and, therefore, Authentic Communication (NVC) Limited specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Authentic Communication (NVC) Limited spokespersons, and their views do not necessarily reflect those of Authentic Communication (NVC) Limited.
e) Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
28) Liability disclaimer
a) The information, software, products, and services included in or available through the Authentic Communication (NVC) Limited website or workshops may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Authentic Communication (NVC) Limited and/or its suppliers may make improvements and/or changes in the Authentic Communication (NVC) Limited website at any time. Advice received via the Authentic Communication (NVC) Limited website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
b) The information, software, products, and services included in or available through the Authentic Communication (NVC) Limited web site may include inaccuracies or typographical errors. changes are periodically added to the information herein. Authentic Communication (NVC) Limited and/or its suppliers may make improvements and/or changes in the Authentic Communication (NVC) Limited web site at any time. advice received via the Authentic Communication (NVC) Limited web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
c) Authentic Communication (NVC) Limited and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Authentic Communication (NVC) Limited web site for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Authentic Communication (NVC) Limited and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
d) To the maximum extent permitted by applicable law, in no event shall Authentic Communication (NVC) Limited and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Authentic Communication (NVC) Limited web site, with the delay or inability to use the Authentic Communication (NVC) Limited web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Authentic Communication (NVC) Limited web site, or otherwise arising out of the use of the Authentic Communication (NVC) Limited web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Authentic Communication (NVC) Limited or any of its suppliers has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of the Authentic Communication (NVC) Limited web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Authentic Communication (NVC) Limited web site.
29) Copyright notices
a) All contents of the No Fault Zone are: Copyright 2009 Kindle-Hart Communication™. All rights reserved. The No-Fault Zone® is a registered trademark.
b) All software and accompanying documentation ['Software'] that is available to be downloaded from this Website is protected by copyright. The ownership of such Software is retained by the copyright holder and is not transferred to you. You are licensed to use the Software in accordance with the terms of the relevant licence agreement for such Software. You must read and confirm your acceptance of the licence agreement that accompanies each item of Software prior to downloading that Software.
30) Trademarks
a) The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
b) The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
c) Any rights not expressly granted herein are reserved.
31) Notices and procedure for making claims of copyright infringement
a) Pursuant to title 17, united states code, section 512(c)(2), notifications of claimed copyright infringement under united states copyright law should be sent to service provider's designated agent.
32) Intellectual Property
a) The materials displayed on the website www.authenticcommunication.org.nz, and any email from a authenticcommunication.org.nz email address are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other property rights that may subsist in this Website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors [together, 'our intellectual property'].
b) Except with our prior written permission in other cases, you may not in any form or by any means: use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with our intellectual property; or commercialise any information, products or services obtained from any part of this Website.
c) By using this website, you also agree to comply with the 'Terms of Use' for images available at https://www.authenticcommunication.org.nz/.
33) Feedback and unsolicited submissions
a) If you give us feedback about this Website or our products or services, you grant us the right to use that feedback for the purpose of improving our Website or services [and for any other purpose we deem necessary or desirable] without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas: they will be treated as 'user content' in accordance with these terms of use; and they will be deemed to be non-confidential, and we will not be required to provide any acknowledgement of their source.
34) Links to other Websites
a) Links and references to other websites are provided to you as a convenience only. Any website you access from the Website is independent of Authentic Communication (NVC) Limited. Authentic Communication (NVC) Limited has no control over the content of any other website and does not make any representations about, and neither endorses nor accepts any responsibility for, the content, validity, accuracy, or use, of any other website. Any such websites may not follow the same privacy obligations as Authentic Communication (NVC) Limited and those third parties are responsible for their own privacy practises. You should check the terms and conditions applicable to those websites before you use them.
 

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