[ FOR CUSTOMERS WITHIN AUSTRALIA ONLY ]
"Rustix" means the Business selling products to the Customer as identified in Rustix Quotation or Invoice. Customer means the person or legal entity identified in Rustix Quotation or Invoice. "Contract" means a contract for sale by Rustix to the Customer of the products and/or services incorporating the Terms and Conditions.
2. FORMATION OF CONTRACT
3. ORDERS, PRICE AND PAYMENT
6. ACCEPTANCE OF PRODUCTS
7.1 All Goods are supplied with a 1 (one) year manufacturer’s warranty against core defects in production or materials. The warranty is valid for Australian residents/companies only. This warranty does not cover: (a) normal or fair wear and tear (b) damage arising from abnormal use, or abuse or (c) goods which have not been maintained, or which have been modified.
7.2 While not affecting any non-excludable warranty or guarantee implied by law, Rustix does not give any warranty that the Products are fit for any particular purpose (unless explicitly discussed with Rustix prior to the sale of goods).
7.3 Warranty claims must be placed in writing and addressed to Rustix. Rustix will assess each case and comply with its legal obligations.
7.4 In the event of a warranty claim, it is the responsibility of the customer to return the component or product(s) back to Rustix for assessment.
7.5 Rustix does not warrant products for outdoor use unless specifically indicated on the product page.
8.1 Rustix shall not be liable in contract or in tort for any loss or damage suffered and consumer’s rights are limited to those set out in these Terms and Conditions and under statute.
8.2 To the extent permitted by law and subject to clause 10.7, Rustix's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
8.3 The Customer shall indemnify Rustix and keep Rustix fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
8.4 To the extent permitted by law, Rustix and Customer agree that Rustix will not be liable for Products not being available for use. Rustix shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Rustix has been advised of their possibility.
8.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Rustix shall be subject to correction without any liability on the part of Rustix.
8.6 Under the Act, where implied conditions and warranties cannot be excluded, Rustix liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at Rustix option, to : Replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired;
9. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
10. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
11.1 The Customer shall not be assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Rustix. Any such unauthorized assignment shall be deemed null and void.
11.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
All material contained within this website is the copyright of Rustix except where credit is noted to other parties. Permission may be sought from Rustix to publish material from this website and from third parties direct where so noted.