Terms and Conditions
These terms and conditions govern all your (“Customer”) dealings with Sinclair & Rush Pty Limited ABN 91 058 868 625 (“Sinclair & Rush”).
TERMS: Payment for all goods must be made prior to delivery or net 30 days where credit has been approved. The terms stated in Sinclair & Rush documents including these Terms and Conditions govern all orders by Customer notwithstanding receipt of purchase terms from Customer and notwithstanding any use of Customer’s purchase order number as a reference.
DELIVERY: The collection of a shipment of goods by a common carrier will constitute a delivery to the Customer of those goods (“Goods”). The risk in and to the Goods will pass to the Customer on delivery. Customer is responsible for insuring the Goods in transit. Customer will pay all freight charges.
QUANTITIES: Order quantities will be increased or decreased to the nearest standard packaging quantity. Delivery of 5% more or less than the quantity ordered will constitute fulfilment of the order for custom-made goods or standard goods run in non-standard colours or materials.
OWNERSHIP: Ownership in the Goods will remain vested in Sinclair & Rush until Customer has paid for the Goods. Until the Goods are paid for, Customer acknowledges that it will hold the Goods on trust for Sinclair & Rush. Where Sinclair & Rush has reasonable cause to believe that:
(a) the Customer has not strictly complied with these terms and conditions, including failure to make payment in full by the due date;
(b) the Customer has entered any form of insolvency administration, the Customer grants Sinclair & Rush an irrevocable licence to enter any premises where the Goods may be stored and take possession of the Goods at any time.
RETURNS: Sinclair & Rush is not obliged to take back any Goods supplied to Customer and may refuse to give a refund or credit for those Goods, unless Customer has supplied written reasons for returning those Goods and an Authorisation has been issued by a Sinclair & Rush Customer Service Representative. If Customer claims that Goods are not as ordered, Customer must notify Sinclair & Rush within 30 days. For all other returns, Sinclair & Rush must be notified by Customer within 90 days. Returns will not be accepted after these respective periods. To cover Sinclair & Rush’s costs relating to returned Goods, the refund or credit given to Customer for returned Goods will be reduced by 30% of the purchase price for returns within 30 days of delivery and 50% for returns in 30 to 90 days of delivery. Sinclair & Rush will not accept freight costs for returns. (See below in relation to warranty claims.)
CREDIT: Sinclair & Rush may refuse to make shipment unless previous invoices have been honoured and satisfactory credit has been established.
CANCELLATION: In the event of cancellation or deferral of deliveries on an order for goods or tooling, Customer assumes immediate liability for any part of the order produced at the date of cancellation or deferral and all related costs, and any material or tooling work performed. Customer must upon request make immediate payment of those costs and charges to Sinclair & Rush.
SPECIFICATION: Standard Sinclair & Rush goods will be supplied in accordance with Sinclair & Rush quotation.
CUSTOM GOODS & TOOLING: Any custom-made goods and any tooling will be produced in accordance with Sinclair & Rush’s quotation, and with reference to Customer’s specification (including any drawings) for those goods and tooling. Where an order for custom-made goods or tooling is placed, Customer, in doing so, makes the following warranties:
(a) production of the tooling and the goods, and any drawings or specifications in relation to them, will not infringe the intellectual property rights of any third party;
(b) Customer will carry out all the appropriate tests and fully evaluate the goods prior to using or onselling them;
(c) the goods are safe and fit for their intended purpose.
Tooling will become the property of Customer upon receipt by Sinclair & Rush of payment in full for that tooling (“Tooling”). Tooling will be at Customer’s risk from creation and must be insured by Customer. All tooling remaining in Sinclair & Rush’s possession will receive normal maintenance for the production of parts unless: a) a tool has produced more than 500,000 parts, or b) a tool has no production activity for more than one year. In either event, it may be necessary to refurbish or rebuild the tool at Customer’s expense before additional parts can be produced. If 18 months have passed without an order from Customer, tooling will become the property of Sinclair & Rush.
USES & QUALITIES: Customer, in ordering goods and in ordering tooling, acknowledges and agrees that it has not relied on the skill or judgment of Sinclair & Rush or any of its employees or agents.
The uses to which Sinclair & Rush goods are put is solely the responsibility of Customer. Customer accepts any and all liability arising out of or in any way connected with the use of goods purchased by it and hereby agrees to indemnify Sinclair & Rush for such liability. Samples of all Sinclair & Rush goods are available for testing and evaluation.
WARRANTY: Sinclair & Rush goods are guaranteed to be free from defective material or workmanship for a period of 90 days from the date of shipment and all liability under this warranty is limited to the replacement of any defective Sinclair & Rush goods. Any part proving to be defective upon inspection at Sinclair & Rush’s factory, Riverstone, Australia will be replaced. No allowance, credits, or reimbursements will be made for any returned Goods unless authorised by Sinclair & Rush.
Nothing in these terms and conditions will exclude, restrict or modify any condition, warranty or liability where to do so would be illegal or would render any provision of these terms and conditions void. Subject to this, all express and implied warranties (statutory or otherwise) are expressly excluded by these terms and conditions. Any warranty as to fitness for purpose is excluded regardless of whether any purpose was made known. If Sinclair & Rush should be liable for breach of a condition or warranty implied by the Trade Practices Act, its liability will be limited to the replacement of the relevant Goods.
OTHER THAN COMPLYING WITH THE OBLIGATIONS SET OUT ABOVE IN THIS WARRANTIES SECTION, SINCLAIR & RUSH WILL HAVE NO LIABILITY TO CUSTOMER IN CONTRACT, TORT OR OTHERWISE IN RELATION TO THE SUPPLY OF GOODS OR TOOLING OR BOTH.
FORCE MAJEURE: Sinclair & Rush will not be liable for failure or delay in supply caused by any circumstances beyond its control.
GOVERNING LAW: These terms and conditions, and all dealings between Customer and Sinclair & Rush, will be governed by the laws of New South Wales and the Commonwealth of Australia.
AMENDMENTS: These terms and conditions may be altered by Sinclair & Rush at any time without prior notice. Customer should check the terms and conditions applicable when each order is placed.