220/6 Baywater Drive, Wentworth Point, NSW 2127.

Terms & Conditions

In these terms and conditions, “we” “us” and “our” refers to Kusha Steel Pty Limited. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. In these terms and conditions the words “product” and “products” are synonymous with the words “goods”.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

1. In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.

Our Website Services

5. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.

Product Descriptions

6. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
7. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product.

Terms of Payment and Prices

9. Allproducts are supplied on the basis of payment by either cash, electronic funds transfer and or approved credit card, except where you have established a credit trading account with us, in which case your payment will be due within thirty (30) days of the end of the month in which the goods are invoiced. We will provide you with a Tax Invoice showing GST payable in addition to the price of the products supplied.
10. If you fail to make payment in accordance with these terms, then we will suspend supply to you until all outstanding payments have been made and all amounts that you owe to us on all your accounts shallimmediately become due and payable.
11. You shall also be liable for legal or other costs incurred by us in the recovery or attempted recovery of any amounts due and payable by you with such legal costs being payable upon a solicitor/client basis, that is, the professional rates of charge of a legal practitioner engaged by us to recover debts due to us.
12. Our credit facility with you may be withdrawn at any time, without notice, and at our absolute discretion.
13. Until you have paid all money due to us, we are entitled to hold by way of lien as security for such payment all or any goods, equipment or other items in our possession.
14. We may from time to time by notice posted on our website increase the Prices for our Products which shall become effective and applicable immediately from the time of such posting.


15.Our quotes for the supply of our products are valid for seven (7) days or for such other period stated in the quotationunless they are previously altered or withdrawn within that time by us, and notwithstanding that every quotation that we give is subject to the continuing availability of the product, the subject of the quotation.
16.All orders that we receive from you that require processing of the products to your specifications must be accompanied by a written purchase order.
17.We will not be bound by any conditions attaching to your order or acceptance of a quotation and, unless such conditions are expressly accepted by us in writing, and that you agree and acknowledge that such conditions shall otherwise not apply.
18.Unless otherwise stated in writing by us, all prices quoted shall be exclusive of handling, delivery, agents charges, sales tax and any other levies. Any charge, duty, sales tax or other expenditure which is not applicable at the date of the quotation or sale invoice but which is subsequently levied upon us in relation to the quotation or sales invoice as a result of any legislation, regulation or governmental policy shall be paid by you.
19.You acknowledge that ourquotations contain commercially sensitive information and in receiving a quotation, you shall not disclose such information, in total or part, to a third party.

Product Orders

20. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
21. Packaging and postage is an additional charge, calculated at time of purchase.
22. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
23. We undertake to accept or reject your order within five (5) working days. If we have not responded to you within five (5) working days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase as such decision is at ourdiscretion,however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
24. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
25. Delivery of your ordered product/s will be as set out on our website.
26. All risk of loss or damage to the goods passes to you when we despatch the goods.Productsthat we supply to you or those products processed to your specifications from materials supplied by you (if applicable) shall be at your risk immediately upon the products being loaded on to the vehicle effecting delivery to you or upon the goods being placed in your custody or the products being moved at your direction (whichever is the sooner) provided that where the products are being delivered by us or any agent, employee, sub-contractor, invitee or servant on our behalf the products shall be at your risk from the time where unloading commences at your premises or where unloading commences at a place designated by us.
27. Legal ownership in the goods shall not pass to you until those goods and other goods supplied by us to you have been paid for in full.Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
28. At the time of conducting your transaction we give you the option to take out carrier insurance.
29. You will be deemed to have examined all goods immediately on delivery and to have accepted that the products are of the description, quality and quantity ordered, unless particulars are notified to us in writing within three (3) working days after delivery, after which time we shall not be liable for claims of this nature unless required by law.

Order Cancellation Due To Error

30. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately process arefund to your credit card for the total amount debited.

Product Returns

31. We undertake to replace any product delivered to you that is faulty or is in a damaged condition within seven (7) working days subject to stock availability. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
32. We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within seven (7) working days of purchase however we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
33. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
34. Products processed to your specifications are not returnable.
35. We reserve the right to charge you a handling and restocking fee of up to 25% of the sale price of the product returned.

Site Access

36. When you visit our website, we give you a limited licence to access and use our information for personal use.
37. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
38. Except as permitted under the CopyrightAct 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
39. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.


40. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
41. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

42. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
43. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.


44. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
45. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
46. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.


47. Products supplied by us are subject to the chemical and mechanical composition, physical properties and product standards of the original manufacturer and are covered by such warranty as specified by the original manufacturer; we do not give any warranty beyond such warranty.
48. Subject to clause 50, all conditions, warranties and representations not expressly contained in these terms and conditions are expressly negated and excluded; no conditions, warranties, representations, statements, inducements or collateral contracts have been made, are implied or are relied on by you.

Statutory Guarantees and Warranties to Consumers

49. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:- (i) Schedule 2 of the C&C Act; and (ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
50. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:- (i) We will repair or replace the goods or any part of them that is defective; or (ii) Provide again or rectify any services or part of them that are defective; or (iii) Wholly or partly recompense you if they are defective.
51. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:- (i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act. (ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. (iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability and Indemnity

52. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:- (i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the products and services again or payment of the costs of having those services supplied again. (ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from products and services we have supplied. (iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us. (iv) We do not participate in any way in the transactions between our users.
54. We shall not be under any liability of any nature whatsoever to you or any other person for loss, damage, death or injury including any consequential loss or loss of profit either resulting from or in with connection with the use and delivery to you of the goods prepared, manufactured or dispatched according to the drawings, models, descriptions, analyses, prescriptions other specifications submitted by you, including but not limited to, action for alleged infringement of copyright, patents, registered design or trademarks or due to a defect or fault in the goods or by reason of the goods being unsuited for your purpose.
55. You agree to indemnify us from and against allclaims, actions, suits, demands, costs, loss, damages and expenses (including but not limited to all legal expenses on a solicitor/client basis) suffered or incurred by us or by any other person arising out of the use of the goods by you or any agent, employee, sub-contractor, invitees or servant on your behalf at any time or in connection with the products and services provided by us in respect of the goods and/or delivery to you of the goods.

Indemnity (Website use)

56. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

57. If a Force Majeure event causing delay continues for more than ninety (90) days, we may terminate this Agreement by giving at least immediately Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.


58. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
59. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.


60. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
61. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
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