Legal Information
TERMS OF TRADE
SWIA-22 Terms of Trade — ISSUED 1 OCTOBER 2026
PART A: OVERVIEW OF THESE TERMS
These Terms of Trade apply to all Products and Services that we supply to you.
At Sensortronic Scale Industries (NZ) Limited T/A Sensortronic Weighing & Inspection Australasia, ensuring our Terms are transparent and easy to understand is important to us. If you have any questions or are unsure about anything, please contact us.
To make these Terms easy to use, we:
(a) have set out a ‘Dictionary’ in Part H, which explains the specific meaning, for the purposes of these Terms, of the capitalised words used in these Terms; and
(b) have included summaries / outlines for each Part in blue boxes – these are intended for guidance only and do not replace any of the terms in these Terms.
1. Introduction
1.1 These Terms set out all of the terms and conditions that apply to Products and Services that we supply to you.
1.2 Any other terms and conditions will not apply unless expressly approved in writing by us for a particular Order.
1.3 We may update these Terms on notice to you in writing. Our updated Terms will apply to all Products and Services you order after we have notified you that we have updated our Terms.
PART B: PRODUCTS AND SERVICES
2. Order process
2.1 You may order Products and Services from us in accordance with our order processes that we advise to you at any time.
2.2 All Orders are subject to acceptance by us. We may accept an Order (in whole or in part) by issuing an invoice for the applicable Products and Services, delivering the Products and Services or otherwise confirming the order in writing.
2.3 We are under no obligation to enquire as to the authority of any person placing an Order on your behalf.
2.4 You may request Variations to Orders. However, acceptance is at our discretion and is subject to our approval in writing, and in accordance with clause 8.
3. Delivery of Products and Supply of Services
3.1 We will use reasonable efforts to deliver Products and provide Services on the Delivery Date specified in the relevant Order. However, unless expressly agreed otherwise, the Delivery Date is indicative only.
3.2 We will deliver the Products and provide the Services at the delivery location set out in the relevant Order or any other location agreed with you in writing.
3.3 If you request that we leave the Products outside our premises for collection or to deliver the Products to an unattended location, then the Products shall be left at your sole risk. In the event that the Products are lost, damaged or destroyed then replacement of the Products shall be at your expense.
3.4 Subject to clause 17, if the delivery location is at your premises, you must provide our Representatives with suitable access to your premises during normal business hours, together with any assistance reasonably required by our Representatives to deliver the Products and perform the Services.
4. Supply of Products
4.1 Clauses 4 and 6 applies if your Order relates to Products.
4.2 We may deliver Orders in instalments (unless agreed otherwise).
4.3 If you delay, fail or refuse to accept delivery of Products, the Products will be treated as delivered when we were willing and able to deliver the Products. Without affecting any other rights we may have, we may charge you for any reasonable expenses or additional costs incurred by us as a result of the delay, failure or refusal to accept delivery (including storage).
4.4 Risk in the Products passes to you on delivery.
4.5 You are responsible for ensuring that any instructions, recommended uses, applications and installation methods are followed for Products and any cautions and/or warnings are observed.
5. Second-hand Products
5.1 In the case of second-hand Products we supply, you agree that you have had full opportunity to inspect the second-hand Products prior to delivery.
5.2 Subject to us complying with clause 5.1, you agree that:
(a) any second-hand Products supplied may contain defects, which will not be treated as a Defect under these Terms;
(b) we do not give any warranty as to the quality or suitability of such Products; and
(c) any implied warranty (statutory or otherwise) in relation to such Products, is (to the extent permitted by law) expressly excluded.
6. Defects
6.1 You must inspect the Products on the date of delivery and notify us of any alleged defect or damage or incorrect Products or quantity (Defects). Upon request, you must allow us to inspect, or return to us, any defective or damaged Products. You should notify us of any alleged Defects as soon as possible to enable us to confirm that any Defects occurred before delivery to you.
6.2 If there are any Defects in an Order, the remedies set out in clause 25.1 will apply.
7. Cancellation
7.1 Either party may cancel an Order by written notice if the other party:
(a) commits a material breach of these Terms which is not remedied within 20 Business Days of written notice of the breach from the other party; or
(b) suffers an Insolvency Event.
7.2 If we are unable to deliver any Products or Services to you, due to reasons beyond our reasonable control, we may cancel the Order (in whole or in respect of any instalment) by giving written notice to you. We will repay you any amount you have paid to us in advance for the relevant Products and/or Services. We will not be liable for any loss or damage arising from such cancellation.
7.3 We will not accept cancellation of any Order for Products made to your specifications, or for non-stocklist items, after the Order has been accepted by us except in accordance with clause 7.
8. Variations
8.1 We may require variations to an Order if we identify factors that affect delivery of the Products and Services to you, before or during our provision of the Products and Services. Any such variations will be submitted to you for approval (Variation Notice). You must respond to a Variation Notice as soon as possible (and within 10 Business Days). We may suspend or delay provision of the Products and Services pending your approval.
8.2 If you do not respond to a Variation Notice within 10 Business Days, we may assume that you have accepted the applicable variations.
8.3 If you notify us, within 10 Business Days of a Variation Notice, that you do not accept the variations, we will cancel the Order (or, if applicable, the remaining Products and Services to be provided under the Order) on notice to you. We will repay you any amount you have paid to us in advance for the Products and Services that we do not provide as a result of such cancellation (less any unrecoverable costs that we have incurred).
PART C: PRICE
9. Price
9.1 The Price for Products and Services will be:
(a) calculated based on our standard hourly rate as at the date of the Services that are provided; or
(b) as indicated on any invoice we provide to you; or
(c) the Price that we have quoted for the Products and Services (subject to clause 9.5).
9.2 We may update our standard hourly rates at any time on notice to you in advance. Any such updates will only apply to Orders placed after the effective date of the update.
9.3 Unless otherwise stated, the Price does not include GST.
9.4 We may charge you for freight, insurance, installation, disbursements and any applicable taxes, duties and levies, in addition to the Price.
9.5 Where we provide a quotation, proposal or estimate:
(a) unless otherwise specified, the quotation, proposal or estimate is valid for 30 days from the date of issue and may be subject to such further conditions as are expressly set out in the quote, estimate or pricing;
(b) we may withdraw the quotation, proposal or estimate at any time before you accept it or we accept an Order by notice in writing to you; and
(c) the quotation, proposal or estimate will be exclusive of any applicable additional amounts referred to in clause 9.4.
PART D: PAYMENT TERMS
10. Payment
10.1 You must pay us all Amounts Owing to our bank account (notified to you and updated at any time) or any other payment method that we agree with you.
10.2 Payment shall be:
(a) before delivery of the Products; or
(b) on delivery of the Products; or
(c) on completion of the Services; or
(d) by way of instalments/progress payments in accordance with the Order; or
(e) as indicated on our invoice; or
(f) 20th of the month following; or
(g) no later than 7 days from the date of the invoice (unless otherwise stated on the invoice), and
(h) in full without deduction, withholding, set-off or counterclaim.
10.3 If you have any dispute relating to an invoice issued by us, you:
(a) must notify us of that dispute in writing within 7 days from the date of invoice (after that period, unless there is a manifest error, you will be deemed to have accepted the invoice); and
(b) will only withhold payment of the amount in dispute and will, upon resolution of any dispute, immediately pay the balance (if any) due to us.
10.4 We and you each agree to promptly deal with any disputed invoices and, where possible, to resolve disputes before the due date for payment.
11. Credit terms and repayment obligations
11.1 The supply of Products and Services to you on credit is subject to our prior approval. We may use the services of credit reporters and debt collection agencies (in accordance with clause 18.3).
11.2 You must notify us immediately:
(a) if you suffer an Insolvency Event. Any Amount Owing will, whether or not due for payment, immediately become due and payable if an Insolvency Event occurs; or
(b) if you are a company and there is a material change in your effective management or ownership.
12. Deposit and guarantee
12.1 We may require that you pay us in advance, or pay a deposit, or provide a guarantee or other security, before we supply Products or Services, as security for any Amount Owing.
12.2 If we cancel an Order (for any reason other than your breach of these Terms), we will refund any deposit that you have paid to us in full. Otherwise, any deposit that you pay to us is non-refundable, unless we expressly agree otherwise in writing.
13. Rights to recover Products
13.1 We retain ownership of all Products that we supply to you until we have received payment in full of the Amount Owing.
13.2 You may resell or use any Products in the ordinary course of your business before ownership of the Products has passed to you. However, you will be deemed to hold the proceeds of sale or use (in whatever form) on trust for us to the extent of the Amount Owing.
13.3 If any Amount Owing is overdue or if an Insolvency Event occurs, you must return Products to us on request or permit us to enter any premises where Products may be stored to repossess those Products.
14. Late payments
14.1 If payment in full of any Amount Owing (which is not subject to a genuine dispute) is not made to us on the due date, we may:
(a) suspend, or cancel (in accordance with clause 7.1(a)), the provision of any or all Products and Services to you;
(b) cancel any rebates or discounts (whether or not previously credited); and
(c) charge you interest at a rate of 2.5% per month on the balance of the outstanding amount from the due date of payment until the date the outstanding amount is paid, accruing daily and charged monthly.
15. Costs of recovering Amounts Owing
15.1 You must reimburse us for any reasonable costs and expenses we incur to recover any Amount Owing, or exercise our rights to recover Products, including any debt collection fees or commission and full legal expenses.
16. Security interests
16.1 You acknowledge that these Terms create, in our favour, a security interest (as defined in the PPSA) in all Products and the proceeds of any Products (in accordance with clause 13.1) (Security Interest), to secure the payment by you to us of the Amount Owing.
16.2 You undertake to promptly sign any further documents which we may reasonably require to enable us to perfect and maintain the perfection of the Security Interest (including by registration of a financing statement) and to provide not less than 14 days’ prior written notice of any proposed change in your name and/or any other change in details (including changes in address, trading name or business practice).
16.3 The parties agree to contract out of sections 114(1)(a), 133 and 134 of the PPSA. You agree to waive your rights under the PPSA to the extent permitted by section 107(2) of the PPSA and to receive a verification statement relating to the Security Interest. Where we have rights in addition to Part 9 of the PPSA, those rights will continue to apply.
16.4 We reserve the right to require a guarantee, or any other additional security (at your cost), as security for payment, before we provide Products or Services to you.
PART E: COMPLIANCE AND INFORMATION
17. Health and safety
17.1 Each party will comply with the Health and Safety at Work Act 2015 (HSW Act), including all applicable regulations under the HSW Act, as well as all applicable standards and codes of practice relating to health and safety. In addition, each party will comply with the other party’s pre-notified and reasonable health and safety policies when on the party’s premises.
17.2 You must notify us of any known hazards arising from your premises to which any of our Representatives may be exposed while on the premises and ensure that your workplace is without risks to the health and safety of any person.
17.3 Each party must consult, co-operate with and co-ordinate activities with all other persons who have a health and safety duty in relation to the same matter in providing the Products and/or Services (including in connection with the delivery of the Products and/or Services).
18. Privacy
18.1 We may collect, use and share Personal Information:
(a) for the purposes of the performance of our obligations or exercise of our rights under these Terms; and
(b) in accordance with the Privacy Act 2020.
18.2 We may share Personal Information with our Related Companies.
18.3 We may use the services of credit reporters and debt collection agencies to manage credit and recover amounts owing. We may provide your Personal Information to those agencies in order to use their services. Information disclosed to credit reporters (including default information) will be held by them and used to provide credit reporting services.
18.4 The credit reporters we may use are Centrix, Equifax, and Experian. Details of how the credit reporters handle your Personal Information can be found in their privacy policies:
(a) Equifax: https://www.equifax.co.nz/privacy
(b) Centrix: https://www.centrix.co.nz/privacy-statement
(c) Experian: https://www.experian.co.nz/privacy-policy
18.5 The debt collection agency we use is EC Credit Control (NZ) Limited. Details of how they handle your Personal Information can be found in their privacy policy: https://www.eccreditcontrol.co.nz/privacy/
18.6 By accepting these Terms, you understand that:
(a) we may use the credit reporters credit report services to credit check you;
(b) in doing so we may provide your Personal Information to the credit reporter, and they will store this information on their systems and use it to provide reporting services to us and their customers;
(c) the credit reporters may provide us with Personal Information they hold about you for the purposes of a credit reference;
(d) if you default on any payment obligations, information about the default may be given to the credit reporters, and they may share this information with their customers;
(e) we may use the credit reporting services for purposes relating to the provision of credit to you. This may include using the credit reporters monitoring services to receive updates if any of the information held about your changes; and
(f) you have rights of access to, and correction of your credit information and any other Personal Information held by the credit reporters as set out in their privacy policy.
18.7 If you provide us with any information about a third party (including a Representative), or authorise us to collect that information, you confirm that you are authorised by the individual concerned to provide their Personal Information to us or authorise the collection of information about them in accordance with this clause 18. You also confirm that you have informed the individual of their rights to access and request correction of Personal Information.
18.8 You (if you are an individual) and your Representatives have the right to access, and request correction of, any of your Personal Information held by us.
19. Confidentiality
19.1 Each party must keep confidential all Confidential Information.
19.2 Nothing in clause 19.1 prevents a party from disclosing Confidential Information if disclosure is:
(a) required by law or a Regulator (but only to the extent required or, if applicable, requested by a Regulator);
(b) is reasonably required to enable a party to perform its obligations or exercise its rights under these Terms; or
(c) to a Related Company or Representatives on a ‘need to know’ basis, provided that person is under a duty to keep the Confidential Information confidential in accordance with these Terms.
19.3 We may refer to you as a customer (including by using your logo) and publish any testimonials or references that you provide to us, on our website and associated marketing materials. We will ensure that any such references or testimonials accurately represent your experience with our Products and Services. Please contact us if you do not approve us referring to you in accordance with this clause or have any comments on published content.
20. Insights and Intellectual property
20.1 We may also use any information that we collect in connection with the Products and Services to improve our Products and Services, for statistical and research purposes, and for general information purposes including to provide industry and market insights (together, Insights), provided that:
(a) we must ensure that our obligations of confidentiality and privacy are paramount – for example, we will ensure that any information that we disclose or publish in accordance with this clause 20.1 is in a fully aggregated and de-identified form (so that it does not identify you or any individuals); and
(b) we will not use information that we collect in connection with the provision of Products and Services to you, in accordance with this clause 20.1, if you have informed us that you do not authorise us to do so.
20.2 To the extent required by law, you grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use and sub-licence information we collect in connection with the provision of Products and Services to you, in accordance with clause 20.1. However, for clarity, we own the intellectual property rights in all Insights.
20.3 We (or our licensors) own all rights, title and interest in the intellectual property rights in the Products and Services at all times.
20.4 Any new intellectual property which is created by us or on our behalf, including as a result of, or in connection with, the provision of our Products and Services, will be owned by us, unless otherwise agreed in writing.
20.5 You assign all intellectual property rights to us with effect from creation, to the extent required to give effect to clause 20.3 and 20.4, and agree to do all things reasonably required by us to give effect to such assignment.
20.6 You warrant that the use by us of any designs, instructions or specifications supplied to us by you will not infringe the intellectual property rights of any other person and indemnify us against any losses, damages, liabilities or costs (including full legal costs) that we may suffer or incur in the event of any such infringement.
PART F: DISPUTE RESOLUTION AND LIABILITY
21. Dispute Resolution
21.1 If a dispute arises out of or in connection with these Terms, either party may give a notice to the other setting out the details of the dispute (Dispute Notice).
21.2 Following receipt of a Dispute Notice:
(a) a Representative of each of us (with authority to settle the dispute) will meet, within 10 Business Days, to try to resolve the dispute;
(b) if the dispute is not resolved within 10 Business Days of our Representatives meeting (or if the meeting does not take place, for any reason, within 10 Business Days of the date of a Dispute Notice), the dispute will be referred to the senior manager of each party (if applicable), who will try to resolve the dispute within a further 10 Business Days; and
(c) if the dispute is not resolved by our respective Representatives in accordance with clause 21.2(b), then either party may commence court proceedings.
21.3 This clause 21 does not restrict either party from applying to a court for interim measures or any other form of urgent relief at any time. However, neither party may commence any other form of court proceeding without first following the procedure set out in this clause 21.
21.4 Each party must continue to perform its obligations in these Terms, despite the existence of a dispute, subject to the termination rights set out in these Terms.
22. Consumer Guarantees Act
22.1 If you are acquiring, or hold yourself out as acquiring, any Products or Services in trade, to the extent permitted by law, you agree that the parties are contracting out of the CGA (to the extent that the CGA would otherwise apply) and that the CGA does not apply to any matters covered by these Terms.
22.2 If you are acquiring any Products for the purpose of resupply in trade, you undertake that you will:
(a) contract out of the CGA to the maximum extent permitted by law in your contracts with your own customers; and
(b) procure that your customers, and each other person in the distribution chain thereafter, contract out of the CGA to the maximum extent permitted by law in their contracts with customers.
You will indemnify us against any liability or cost incurred by us as a result of your breach of this clause 22.2.
23. Warranties
23.1 We warrant that all Products and Services are free from material defects in materials and workmanship. However, this warranty will not cover any defect or damage to the extent that it is caused by:
(a) any fault or defect in our Products or Services resulting from any of your (or your Representatives) acts or omissions (outside of the ordinary use of the Products or Services); or
(b) minor deviations in specification, measurements, colour, weight, size or strength of the Products.
23.2 You acknowledge that, except for the warranty set out in clause 23.1 and any written materials that we provide to you:
(a) we do not provide any other express warranties relating to the Products and Services; and
(b) we expressly exclude any other Product and and/or Service warranties, including any warranties relating to the suitability for resale, quality or fitness for any particular purpose, of our Products or Services. However, this clause 23.2 is subject to any rights that you may have under the CGA (in accordance with clause 22).
24. Third party suppliers
24.1 If you request and authorise us to arrange the provision of Products or Services directly to you by a third party supplier (whether or not such arrangement involves us contracting as your agent), to the extent applicable, these Terms will apply to our Services in arranging such supply, provided that to the extent permitted by law we exclude all liability in connection with the supply of Products and Services to you directly by a third party supplier. You agree to pay any commission or other payments due to us in accordance with these Terms.
25. Limitation of liability
25.1 To the extent permitted by law, subject to clause 25.3, our total liability under or in connection with these Terms and the Products and Services is limited to, at our option:
(a) in the case of Products, any one or more of the following:
(i) the replacement of the Products or the supply of equivalent products;
(ii) the repair of the Products;
(iii) the payment of the cost of replacing the Products or of acquiring equivalent products; or
(iv) the payment of the cost of having the Products repaired; or
(b) in the case of Services:
(i) supplying the Services again; or
(ii) the payment of the cost of having the Services supplied again.
25.2 Subject to clause 25.3, if we have any liability under or in connection with these Terms, to the maximum extent permitted by law:
(a) our total aggregate liability to you for any loss, damage or liability arising out of or in connection with these Terms will be limited to the Price paid by you to us for the applicable Products and/or Services; and
(b) we will not be liable for any:
(i) indirect, special or consequential loss or damage whatsoever; or
(ii) loss of profits, revenue, data, goodwill, customers or opportunity or loss of or damage to reputation.
25.3 Nothing in these Terms (including clauses 25.1 and 25.2) will limit or exclude our liability for:
(a) any fraudulent act or omission;
(b) a breach of clause 19 (Confidentiality);
(c) our wilful breach of these Terms;
(d) our gross negligence; and/or
(e) any matter to the extent that liability cannot be excluded or limited by law.
25.4 The limitations and exclusions on liability in this clause 25 will apply irrespective of whether the legal basis for the applicable claim contract, equity or tort (including negligence). However, this clause 25 does not limit or exclude any rights that you may have under statute.
25.5 In no circumstances will we have any liability whatsoever under or in connection with these Terms:
(a) for the acts or omissions of your Representatives or any third party;
(b) for any acts or omissions of performance in accordance with your instructions (or instructions from your Representatives); or
(c) to any third party.
PART G: GENERAL
26. General
26.1 Governing Law: These Terms are governed by and to be construed in accordance with the laws of New Zealand and each party submits to the exclusive jurisdiction of the Palmerston North courts of New Zealand.
26.2 Previous Agreements: These Terms supersede and replace any previous written agreements between the parties relating to the Products and Services.
26.3 Sub-contracting: We may subcontract the performance of our obligations (including to a Related Company), on the basis we remain solely liable to you for the performance of our obligations.
26.4 Assignment: You must not assign, novate or transfer your rights or obligations under these Terms without our prior written consent (which may be withheld in our sole discretion). We may assign these Terms to any other person on notice to you (provided that we will request your prior approval (not to be unreasonably withheld or delayed) if the assignment could have any material adverse effect on you). Without limiting the foregoing, we may assign to any other person all or part of the Amount Owing by you to us.
26.5 Amendments: Any amendment to these Terms must be in writing signed by each party, except where stated otherwise in these Terms or where we are required to make changes to ensure compliance with applicable laws (in which case we notify you of the changes in writing).
26.6 Force majeure: We will not be liable to you for any failure or delay in performing our obligations under these Terms where such failure or delay is caused by events or circumstances beyond our reasonable control, including any strike, lockout, labour dispute, delay in transit, embargo, epidemic, pandemic, accident, emergency, order of government or other authority or act of God.
26.7 Waiver: A single or partial exercise or waiver of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.
26.8 Survival: Any provision of these Terms, which is by its nature a continuing obligation, will survive termination.
26.9 Rights of Third Parties: These Terms are not intended to confer a benefit on any person other than the parties to these Terms.
26.10 Relationship: We will provide Products and Services to you as an independent supplier. Nothing in these Terms creates a relationship of employment, trust, agency, joint venture, partnership or any other fiduciary relationship between the parties.
26.11 Non-exclusive: These Terms are not exclusive and do not impose any restriction on us providing Products and Services to, or you purchasing any product or services from, any other person.
26.12 Counterparts: These Terms may be executed in any number of counterparts (including by electronic signature or by email exchange of .pdf copies) which together will constitute the one instrument.
PART H: DICTIONARY
27. Definitions
Amount Owing means any amount owed by you to us, from time to time, including the Price, any applicable amounts referred to in clause 9.4, any interest payable by you, your liability under these Terms and any enforcement costs incurred by us in seeking payment of any Amounts Owing by you.
Business Day means Monday to Friday, excluding public holidays in New Zealand.
Confidential Information means all information that could be reasonably regarded in the circumstances as confidential, including information which relates to the business, interests or affairs of a party, the terms of use, the Products and Services (as applicable), and intellectual property rights, but excludes information which is:
(a) in the public domain, other than as a result of a breach of these Terms;
(b) in the possession of a party prior to the commencement of these Terms without any obligation of confidentiality; and
(c) is independently developed or acquired by a party prior to the commencement of these Terms without relying on information which would itself be Confidential Information.
Consumer has the meaning given to that term in the Consumer Guarantees Act 1993.
Delivery Date means the date for delivery of the Products and/or Services, as specified in the Order.
Insolvency Event means, in relation to you, any of the following steps has occurred (or we have reasonable grounds to believe that any of these steps is likely to occur):
(a) the primary, or all, of your business activities is suspended or ceases
(b) the presentation of an application for your liquidation;
(c) the making of any compromise, proposal or deed of arrangement with all or some of your creditors;
(d) the appointment of a liquidator, receiver, statutory manager, or similar official;
(e) your suspension or threatened suspension of the payment of your debts as they fall due;
(f) the enforcement of any security against the whole or a substantial part of your assets;
(g) if you are an individual, anything having a similar effect to any of the events specified above happens in relation to you; or
(h) any other insolvency event or proceedings analogous to any of the foregoing occurs in any relevant jurisdiction,
in each case, unless it takes place as part of a solvent reconstruction, amalgamation, merger or consolidation.
Order means an order for Products or Services that you submit to us and we approve, in accordance with clause 2.
Personal Information has the meaning given to that term in the Privacy Act 2020.
PPSA means the Personal Property Securities Act 1999.
Price means the Price payable, in accordance with clause 9.1.
Products means any Products (and associated services) supplied by us to you at any time, including the Products specified in an Order.
Regulator means any authority, commission, government department, court, tribunal, or similar having regulatory or supervisory authority over the parties or any of the Products and/or Services.
Related Company has the meaning given to it in the Companies Act 1993, read as if a reference to company was a reference to any body corporate of any jurisdiction.
Representatives means directors, officers, employees, agents and contractors of the relevant party.
Services means any services supplied by us to you at any time, including the Services specified in an Order.
Specific Terms means the terms (if any) that are included in Part I to these Terms.
Terms means these Terms of Trade (including any Specific Terms outlined in Part I), as may be amended from time to time, each Order and any additional terms expressly agreed in accordance with clause 1.2 (if applicable).
We or us means the supplier of Products and Services, Sensortronic Scale Industries (NZ) Limited T/A Sensortronic Weighing & Inspection Australasia.
You or your means the customer purchasing Products and Services from us.
28. Interpretation
In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect interpretation;
(b) a reference to legislation includes all regulations, orders, instruments, codes, guidelines or determinations issued under that legislation or and any modification, consolidation, amendment, re-enactment, replacement or codification of it;
(c) a reference to “in writing” includes by email and a reference to “agree” or “agreement” or “notice” or “approval” means an agreement, notice or approval (as applicable) in writing;
(d) the words “include” or “including”, or similar expressions, are to be construed without limitation;
(e) a reference to a party to includes that party’s successors and permitted assigns and substitutes; and
(f) a word importing the singular includes the plural and vice versa.
PART I: SPECIFIC TERMS
29. General risk
29.1 Any advice, recommendation, or information that we provide you in relation to the Services is based on our knowledge, experience and any relevant information provided by you at that time. We shall not be liable in any way whatsoever for any damages or losses that you suffer, or which occur where you elect not to adhere to the advice, recommendations or information we provide you.
29.2 We shall be entitled to rely on the accuracy of any plans, specifications and other information provided by you. You acknowledge and agree that in the event that any of this information provided by you is inaccurate, we accept no responsibility for any loss, damages, or costs howsoever resulting from these inaccurate plans, specifications or other information.
29.3 In the event that we are required to provide the Services urgently, which may require our staff to work outside normal business hours (including, but not limited to, working through lunch breaks, weekends and/or public holidays) then we reserve the right to charge you additional labour costs (penalty rates will apply at time and a half normal rates), unless otherwise agreed between both parties.
29.4 If you ask us to diagnose a fault that requires investigation, disassembly and/or testing, all costs involved will be charged to you irrespective of whether or not the repair goes ahead.
29.5 Where you ask us to store your equipment, or where the equipment is not collected within 24 hours of our advice to you that it is ready for collection, then we (at our sole discretion) may charge a reasonable fee for storage.
29.6 We will be entitled to an extension to the due date for completion of the Services by reason of any Variation, any cause beyond our control, any breach of these Terms by you, or wherever permitted by these Terms. Any such extension will be determined by us (acting reasonably) and notified to you. Should the Services be delayed beyond 3 months, we reserve the right to charge for any additional costs involved.
29.7 We accept no responsibility for any damage or performance related problems with any Products where they have not been used and/or maintained in accordance with our, and/or the manufacturers’, recommendations.
29.8 Our Products are built with “state of the art” protection from mains borne interference; however, as the Products have a very high precision specification, certain design parameters must be considered. It is, therefore, your responsibility to ensure that:
(a) the electrical environment surrounding the Products is not subject to excessive interference in the form of electromagnetic radiation or magnetic fields; and
(b) adequate screening is placed and/or secured around any “noisy” electrical equipment or moving equipment likely to cause interference with equipment electronics and interfaces.
29.9 We accept no liability whatsoever for any problems or damage caused by or arising from excessive electromagnetic, magnetic or static interference where you fail to adhere to clauses 29.8(a) and 29.8(b).
29.10 You acknowledge and accept that:
(a) to facilitate the required steady power state situation, your main power supply must be within 230 VAC +/- 10% and the frequency within 50HZ +/- 2%;
(b) the mains power supply and your electrical connections into the Products must be free of short-term transients and must be electrically isolated and “clean” from both voltage and frequency variations; and
(c) the value of the 230 volt standard power mains supply may be altered to other voltages if we agree.
29.11 We accept no liability whatsoever for any problems or damage caused by or arising from an unclean power supply which does not fall within the supply requirements stated above.
30. Load cells
30.1 You acknowledge and accept that:
(a) many modern weighing machines include one or more strain gauge load cells as part of their mechanism;
(b) we cannot be responsible for the failure of load cells due to shock or impact loading or due to the application of a load exceeding the normal strength of the machine; and
(c) we will not be responsible or liable for any damages to the Products as a result of:
(i) the load cells failing due to electric welding;
(ii) your use of any part of the weighbridge or mechanical structure, framing for clamping;
(iii) the routing of single or three-phase connectors; or
(iv) the close proximity of high capacity transformers or generators or any electrical equipment capable of producing magnetic flux.
30.2 In the event that you ask us to rectify any faults as stated in clause 30.1(c), you agree that any additional costs incurred by us will be invoiced as an extra.
31. Testing machine calibration
31.1 Testing machines are calibrated at our premises to the required standard class and a test certificate covering this calibration will be supplied with the machine.
31.2 The machines can be recalibrated by our technicians after installation, and an endorsed test certificate issued. In the event that you request that we recalibrate the machine/s, you acknowledge and accept that there is an extra charge for this additional calibration which shall be invoiced as an extra.
32. Your acknowledgements
32.1 You acknowledge and accept that Products for accepted orders may be subject to availability and if, for any reason, Products are not or cease to be available, we reserve the right to substitute comparable Products (or components of the Products) and vary the Price as per clause 8. In all such cases we will notify you in advance of any such substitution, and we reserve the right to place your order and/or Services on hold until such time as both parties agree to such changes.
32.2 You acknowledge and accept that any fixed term maintenance contracts will remain fixed for an initial period of 12 months from the date of this Order and will then be subject to revision on the basis of the movement in the Consumer Price Index (CPI).
32.3 You acknowledge and accept that all descriptive specifications, illustrations, drawings, data dimensions, and weights stated in our or the manufacturer’s fact sheets, price lists or advertising material are indicative only and that you have not relied on such information. While we may have provided information or figures to you regarding the performance of the Products, you acknowledge that we have given these in good faith, and that they are estimates based on industry prescribed estimates.
32.4 You acknowledge that we are only responsible for parts that are replaced by us and that we do not, at any stage, accept any liability in respect of services and/or goods supplied by any other third party which subsequently fail and are found to be the source of the failure. You agree to indemnify us against any loss or damage to the Products, or caused by the goods or any part thereof, howsoever arising.
32.5 You acknowledge and agree that where we have performed temporary repairs, we:
(a) offer no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(b) will immediately advise you of the fault and shall provide you with an estimate for the full repair required.
32.6 You acknowledge that Products supplied may:
(a) fade or change colour over time;
(b) mark or stain if exposed to certain substances; and
(c) be damaged or disfigured by impact or scratching.
32.7 You acknowledge and agree that:
(a) auxiliary and on-site wiring is not included in the Price; and
(b) where necessary, it shall be your responsibility to:
(v) install, protect and correct all inter-connecting cables; and
(vi) supply all cabling and wiring where not otherwise indicated in accordance with instructions, drawings and wiring diagrams supplied by us.
33. Your responsibilities
33.1 You shall ensure that we have clear and free access to the delivery/work site at all times to enable us to deliver the Products and/or undertake the Services. We 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 our negligence.
33.2 Where we are installing the Products:
(a) and such installation does not require any foundations and/or supporting structures, you acknowledge and accept that the quoted Price is for the Services to be completed during normal business hours. Any additional overtime worked shall be on-charged to you as per our overtime rate unless otherwise agreed; and
(b) you warrant that the structure or the premises or equipment to which the Products are to be affixed or installed is able to withstand the installation of the Products and is of suitable capacity to handle the Products once installed. We shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
33.3 You agree that you are responsible:
(a) for the preparation of the foundation or supporting structure onto which the Products will be installed;
(b) to provide the necessary equipment, staging, lifting tackle, amenities and unskilled labour required to offload the Products at the deliver/installation site;
(c) to arrange for the carriage, handling and the hire of test weights; and
(d) to ensure that any Products not certified and stamped on our premises must, after installation and before being used for trade or other purposes, be verified and stamped ready for use by the local trade and measurement inspector or accredited person. We may, upon your request, arrange for the Products to be verified. You acknowledge and accept that any statutory charges and the cost for the hire and carriage of any necessary test weights will be at your cost.
33.4 Where we require that Products, equipment, tools etc. required for the Services be stored at the site, you shall supply us with a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be your responsibility.
SWIA-22 Terms of Trade — ISSUED 1 OCTOBER 2026
What Does This Limited Warranty Cover?
This limited warranty covers any defects in material or workmanship in the new Sensortronic Scales product accompanied by this limited warranty statement. Only consumers purchasing this product from an authorised Sensortronic Scales reseller may obtain coverage under this limited warranty.
How Long Does The Coverage Last?
The warranty period is one year from the documented date of your purchase.
What Does This Limited Warranty Not Cover?
This limited warranty does not cover any problem that is caused by:
(a) accident, abuse, neglect, shock, electrostatic discharge, heat or humidity beyond product specifications, improper installation, operation, maintenance or modification; or
(b) any misuse contrary to the instructions in the user manual; or
(c) lost passwords; or
(d) malfunctions caused by other equipment. This limited warranty is void if a product is returned with removed, damaged or tampered labels or any alterations (including removal of any component or external cover).
Also, consequential damages; incidental damages, and costs related to the need for re-installation, are not recoverable under this warranty.
What Do You Have To Do?
Sensortronic Scales will not provide any warranty coverage unless your claim is in compliance with all terms of this limited warranty statement and you follow proper return procedure. To request warranty service, contact an authorised Sensortronic Scales Service Centre , send Electronic Request (providing: your company name & phone number, invoice number, Serial number if available and date of purchase) or refer to Service & Calibration for more information regarding customer support. You also may obtain information regarding the location of authorised Customer Service Centres and access our Customer Service directory by calling 0800 4 SCALES. Product you return to Sensortronic Scales must be properly packaged in its original packaging (or packaging providing the product with protection equivalent to the original packaging) and shipped with the shipping charges prepaid, to the address provided when you received your RMA (Return Material Authorisation).
What Will Sensortronic Scales Do?
If Sensortronic Scales authorises you to return your product to Sensortronic Scales or an authorised service provider, Sensortronic Scales may replace your product with a product that was previously used, repaired and tested to meet Sensortronic Scales specifications. By sending product for replacement, you agree to transfer ownership of the original product to Sensortronic Scales. Sensortronic Scales will not return your original product to you. Sensortronic Scales warrants that repaired or replaced products are covered for the greater of either the remainder of the original product warranty or 90 days. Sensortronic Scales will pay to ship the replacement product to you.
We value your privacy! We will never give, lease, sell or otherwise disclose your personal information. Period! Any information you give to Sensortronic Scales will be held with the utmost care. A more detailed explanation about how we safeguard your personal information is described below. If you have any questions at all about our privacy policy, please email us.
Resale or Disclosure of Information to Third Parties
Sensortronic Scales does not sell, rent, loan, trade, or lease any personal information collected by our website, including contact forms, download requests or email lists.
Usage Information Collected By Our Website
Sensortronic Scales does collect information about how people are using our website in order to improve the value of our website and the materials available on the web site.
Privacy of our Email Lists
Individuals join our mailing lists and are added to our email database using the forms provided on this web site. We do not sell, rent, loan, trade, or lease the addresses on our lists to anyone. In addition, we configure our email software to refuse to divulge the email addresses of our list subscribers to anyone but authorized Sensortronic Scales staff, including other list subscribers.
Unsubscribe Policy
We strive to only send e-mail to those who want to receive it. If you would not like to receive future e-mails from us, please use the ‘unsubscribe’ link located at the bottom of our email communications.
Copyright 2023 by Sensortronic Scales Group – All rights reserved. The contents of this website may not be copied in part or full without express written permission from Sensortronic Scales Group. All violations will be prosecuted to the fullest extent of the law.
The use of this Website is subject to these Terms and Conditions (inclusive of Our standard Terms and Conditions for the supply of Goods and Services, Privacy Policy, Refund Policy any other documents referred to herein) which constitutes the full agreement between You and Us.
Please read these Terms and Conditions carefully before You use the Website.
By using the Website, You indicate that You have, effective upon the date on which You have used the Website, read, accepted and agreed to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease using the Website immediately.
Definitions
“Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.
“We”, “Us”, “Our” or “Ourselves”” means Sensortronic Scale Industries (NZ) Limited T/A Sensortronic Weighing & Inspection Australasia, its successors and assigns or any person acting on behalf of and with the authority of Sensortronic Scale Industries (NZ) Limited T/A Sensortronic Weighing & Inspection Australasia.
“You”, “Your” or “Yourself”” means any person/s (end user) being of the legal age of eighteen (18) years.
“Incidental item(s)” means goods and/or services that may be purchased or sold through this Website to be supplied and/or provided by Us to You, as specified on Our Website.
“Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.
“Prohibited Content” means any content on any advertising media that:
- is, or could reasonably be considered to be, in breach of the Broadcasting Act 1989; the Fair Trading Act 1986, the Consumer Guarantees Act 1993; or any other applicable law or applicable industry code; or
- contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or
- is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights (including, but not limited to, the distribution of digital files or any other material in which We do not own the copyright).
“Personal Information” means any information that identifies or can be used to identify You, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
“Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Seller information and pricing details.
Acceptance
We reserve the right to change any of the Terms and Conditions displayed on this Website (including our Privacy Policy) at any time by notifying You through this Website that We have done so. By continuing to use this Website it shall be deemed that You agree to be bound by the amended terms and conditions as notified and posted on the Website.
If You intend to transact through this Website (i.e purchase goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.
Compliance with Laws
You represent and warrant that Your use of this Website will comply with all applicable laws and regulations (including but not limited to, EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”) and the New Zealand Privacy Policy Act 2020 (including Part II of the OECD Guidelines and as set out in Schedule 8 of the Act) or any other applicable laws.
Privacy Policy
We are committed to protecting Your Privacy in accordance with New Zealand Privacy Principles. We also recognise that when You choose to provide Us information about Yourself that You trust Us to act responsibly and in Your best interests therefore, We have the following policies in place to protect Your personal information.
Storing Your Information
We will take all reasonable steps to ensure that Your information held by Us is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this document and/or Our Privacy Policy. We will maintain security safeguards to protect Your information and will take all reasonable steps to ensure that Your information is not disclosed to any unauthorised person or entity.
Securing Your Information
When making a transaction through this Website Your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that Your information can not be read by or altered by outside influences.
Information We Collect
When You request Goods or Services, We may collect Personal Information supplied by You when You complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable Us to process Your transactions efficiently, analyse our Website services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may under take:
- Your IP address.
- The date and time of Your visits to Our Website.
- Your clicks and activity on this Website.
- The referring Website if any through which You clicked through to this Website.
- Technical information on Your browser, device and operating systems.
Information We Release
We will only release information about You as authorised by Yourself, required by law or where required in order for Us to provide Goods or Services to Yourself e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
We will not release Your information for any purpose which You could reasonably expect us not to release the information.
Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your Personal Information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure You are provided with information about Our products and Services or to request Goods and Services through this Website.
Under the Privacy Act legislation You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of Your request. We may ask you to verify your identity in order to help us respond efficiently to your request.
Other Data Protection Rights
You may have the following data protection rights:
- To access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date.
- In addition, individuals who are residents of the European Economic Area “EEA” can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the “Questions and Concerns” section below.
- Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.
- The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Questions & Concerns
If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please contact Us via email, post or the contact section of this website.
Attention: Privacy Officer
li**@**ia.nz
Postal Address: PO Box 372
Palmerston North 4440
Cookies
We and Our partners may use various technologies to collect and store information when You use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behaviour such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked. They also allow Us to collect information such as the recipient’s:
- IP address, browser, email client type and other similar details;
- Tracking Website usage and traffic;
- Reports are available to Us when We send email to You, so We may collect and review that information.
These cookies do not read Your hard drive but may be stored on Your hard drive to enable Our Website to recognise You when You return to the same.
Mailing Lists
If at any time You are on a mailing list of Ours then You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the “Contact Us” section of this Website.
Returns, Damaged or Defective Goods
Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in Our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns for change of mind or if You make a wrong decision unless due to our negligence or incorrect information supplied by Ourselves.
Copyright and Trademarks
The contents of this Website are at all times the copyright or trademark property of either Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with this clause.
Advertisers and Linked Sites
The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third party provider or any of their Website content (including but not limited to, any Prohibited Content) or business practices. As We do not have any control of the content of any third party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third party Website immediately once You access such a Website.
We shall accept no liability in regards to any dealings, promotions or activities between Yourself and advertisers or third party providers.
Specifications and Information
Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information provided to Us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of Goods or Services provided through this Website in respect of the use of the Goods or Services or their suitability for a particular use that You contact Us or seek external professional opinion.
You acknowledge and accept that colours of items displayed on the Website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age or settings on Your monitor. If colour is a major factor in Your decision making We recommend You contact Us before purchase.
On-Line Ordering
Display on this Website does not guarantee the availability of any particular Good(s) therefore all orders placed through this Website shall be subject to confirmation of acceptance by Us. Orders for Services shall be subject to confirmation of suitable timeframes between You and Ourselves for provision of the Services.
Continuous Service
Due to the inherent nature of Websites We cannot guarantee uninterrupted or continuous availability of this Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able We shall give You advanced warning of the same. We shall accept no liability in relation to Website downtime whether scheduled or otherwise.
Termination of Use
These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).
Jurisdiction
This Website (excluding any linked third party sites) is controlled by Us from Our principal business premises in New Zealand. Our servers are located in New Zealand so Your information may be transferred to, stored, or processed in Feilding. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from New Zealand, by accessing this Website, You agree that the laws and statutes of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.
In addition, We or Our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside New Zealand. It is not practicable for Us to specify in advance which country will have jurisdiction over this type of offshore activity. All of Our subcontractors, however, are required to comply with the New Zealand Privacy Act in relation to the transfer or storage of Personal Information overseas.
You further acknowledge and agree that the filing of a claim against Us (if any) must be made in New Zealand in which Our principal business premises in New Zealand is domiciled, and that any legal proceedings will be conducted in English.
We make no representation that Goods or Services offered through this Website are appropriate, available or suitable for use in countries outside of New Zealand, and accessing any material or content from, or through, this Website which is illegal in Your country of domicile is strictly prohibited.
General
The failure by either contracting party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).
Message Boards: We provide Message Boards for the use of Our Website users. The Message Boards may not be used to promote Websites or any commercial or business activity. We are not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board You agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
Feedback: Feedback is provided for the purpose of facilitating trading by You on Our Website. Feedback provided on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate.
You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
You must not post feedback about Yourself or include any contact details or Personal Information in Your feedback.
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.