Intellectual Property Rights

Auburn Woodturning are pleased to provide high-quality bespoke and custom-made products for our customers, and we endeavour to do this in a fast and cost-effective manner. However, this would not be possible if we were required to carry out detailed searches to identify the origin of each bespoke and custom-made product, and whether they might infringe the Intellectual Property Rights of any third-party. This notice sets out your responsibilities with respect to Intellectual Property Rights.

When we refer to “Intellectual Property Rights” below, we mean all rights in respect of copyright, designs, trade marks (whether registered or unregistered), patents, goodwill, rights to bring associated causes of action in passing off or contravention of the Australian Consumer Law (or equivalent causes of action), in Australia and throughout the world.

Custom Goods

Where we custom-make products according to your guidance, instructions and specifications (Custom Goods) you are responsible for ensuring that those do not infringe the Intellectual Property Rights of any third-party. It is not practical for us to carry out comprehensive searches for all products to identify whether those infringe any third-party Intellectual Property Rights.

You warrant and represent to Auburn Woodturning that:

• you either own, or have permission to use for the purposes of making the Custom Goods, the Intellectual Property Rights in any samples, drawings, photographs, specifications and designs provided to us for the purposes of manufacturing the Custom Goods (Custom Specifications); and
• the manufacture or supply of the Custom Goods by Auburn Woodturning will not infringe the Intellectual Property Rights of any third-party.

To the extent permitted by law, you indemnify and hold harmless Auburn Woodturning from and against any loss, damages or costs suffered or incurred, or any claims, demands, actions, proceedings or prosecutions against Auburn Woodturning arising out of or relating to:

• any breach or alleged breach of any such warranties which you provide; or
• any infringement or alleged infringement of third-party Intellectual Property Rights relating to the manufacture of Custom Goods or use of Custom Specifications by Auburn Woodturning.

These warranties and indemnities will continue to remain in force once the products have been made and pass to you.

If we produce any samples, drawings, photographs, specifications or designs in the course of manufacturing Custom Goods, and you do not make payment for the Custom Goods in accordance with clauses 3 and 4, we may reuse those samples, drawings, photographs, specifications or designs as we see fit. To the extent it is necessary, you hereby grant a perpetual and royalty free licence for us to do this.

Standard Goods

Where products are not custom-made, they may be manufactured according to specifications and designs created by Auburn Woodturning (Standard Goods).

We retain ownership of all Intellectual Property Rights in the Standard Goods, as well as any other materials (including any samples, drawings, photographs, specifications and designs) which are created by us in the course of providing our products and services (Standard Specifications), even after the products have been made and pass to you.

You may not use (or authorise anyone else to use) the Standard Goods or Standard Specifications in any way which does or might infringe the Intellectual Property Rights of Auburn Woodturning without the express written authorisation of Auburn Woodturning. For the avoidance of doubt, you are allowed to use the Standard Goods for the agreed purposes for which they were manufactured and purchased. However, you are not allowed to use the Standard Goods or Standard Specifications for any other purposes (including for the purposes of manufacturing or promoting the Standard Goods or any other similar products) without the express written authorisation of Auburn Woodturning. This restriction will continue to remain in force once the products have been made and pass to you.

For more detail please see our Terms and Conditions.