Terms and Conditions

TERMS AND CONDITIONS
Last Updated: March 2025

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "User", "you") and Ruby Industries Pty Ltd (ABN 84 169 976 747) ("Company", "we", "us", "our") governing your access to and use of our website ("Website") and any purchases of the HP Tundish™ ("Product"). By accessing our Website or purchasing our Product, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

1. DEFINITIONS AND INTERPRETATION

1.1. "Customer" means any individual or entity that accesses the Website or purchases Products from Ruby Industries.
1.2. "Product" refers to the HP Tundish™, including all related components and accessories.
1.3. "Licensed Installer" means a professional plumber or trade-qualified individual authorized to install the Product in compliance with all relevant legal and regulatory requirements.
1.4. "Third-Party Service Providers" refer to external entities such as sale agents, payment processors, delivery providers, third party companies and hosting services utilized by Ruby Industries.

2. WEBSITE USE AND INTELLECTUAL PROPERTY

2.1. The Website and its content, including text, images, specifications, logos, and product descriptions, are the exclusive property of Ruby Industries and are protected under intellectual property laws.
2.2. No part of this Website may be copied, modified, distributed, or used for commercial purposes without express written consent from Ruby Industries.
2.3. Unauthorized use of our intellectual property, including our patented HP Tundish™ design, will be subject to legal action.

3. ORDERING, PAYMENT, AND ACCEPTANCE

3.1. All orders placed on this Website are subject to acceptance by Ruby Industries. We reserve the right to refuse or cancel an order at any time for any reason, including but not limited to stock unavailability, errors in product descriptions, or suspected fraudulent activity.
3.2. Prices are displayed in AUD and are inclusive of applicable taxes unless otherwise stated.
3.3. Payments are processed via third-party payment gateways, including Stripe and PayPal. We do not store or process your payment information directly. By completing a purchase, you agree to comply with the terms of service of these payment providers.

4. SHIPPING AND DELIVERY

4.1. We will make reasonable efforts to dispatch products within the estimated timeframes; however, delays may occur due to unforeseen circumstances. Ruby Industries is not liable for any shipping delays, loss, or damage during transit.
4.2. The risk of loss or damage to the Product passes to the Customer upon dispatch from our facilities. Any claims for damaged or missing items must be reported within 5 business days of delivery.

5. INSTALLATION REQUIREMENTS AND LIABILITY WAIVER

5.1. Mandatory Licensed Installation: The HP Tundish™ must be installed by a Licensed Installer in accordance with applicable Australian plumbing codes and standards.
5.2. Ruby Industries accepts no liability for damages, personal injury, property damage, or regulatory non-compliance resulting from improper or unauthorized installation.
5.3. By purchasing and installing the Product, the Customer acknowledges that they assume full responsibility for ensuring professional installation and compliance with legal requirements.

6. WARRANTIES AND RETURNS

6.1. The Product is covered under standard manufacturer warranties as required under Australian Consumer Law.
6.2. If the Product is found to be faulty or defective upon arrival, the Customer may request a replacement or full refund, provided that:

• The issue is reported within 14 days of      receipt.
• The Product is returned in its original      condition, with proof of purchase.
• The Customer bears the cost of return      shipping.
      6.3. Refunds are not available for change-of-mind purchases.
      6.4. Ruby Industries is not liable for any damages or defects caused by incorrect      installation, misuse, or modification of the Product.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

7.1. Limitation of Liability: To the fullest extent permitted by law, Ruby Industries, its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages arising from:

• Use of the Website or Products;
• Improper or unauthorized installation;
• Defects, malfunctions, or inaccuracies in the      Product;
• Any third-party service failures, including      payment processing, shipping, or hosting.

7.2. Indemnification: The Customer agrees to indemnify, defend, and hold harmless Ruby Industries and its affiliates from any claims, liabilities, damages, losses, or expenses (including legal fees) resulting from:

• Breach of these Terms;
• Improper installation or misuse of the      Product;
• Violation of any applicable laws or      regulations.

8. PRIVACY AND DATA PROTECTION

8.1. We collect and process Customer information in accordance with our Privacy Policy (below).
8.2. We do not store payment information but rely on third-party payment processors to securely handle transactions.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1. These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be resolved in NSW courts.