Terms - Rush Industries

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Terms

Rush Industries
(A Division of Displays Plus)

TERMS OF USE
Welcome to Rush Industries.com.au ("Site"). Please review the following rules that govern the access and use by any person ("You" or "Your") of our Site (the "Agreement"). Please note that Your use of our Site constitutes your agreement to follow and be bound by this Agreement.

1. GENERAL
We may from time to time change the rules that govern Your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

2. SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by Rush Industries ("Rush Industries"). The Site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Rush Industries.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Violation of this policy may result in infringement of intellectual property and contractual rights of Rush Industries and/or third parties, which is prohibited by law and could result in both civil and criminal penalties. Information and materials posted by Rush Industries are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions. Rush Industries gives no assurance whatsoever regarding such information and materials.

3. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
A. Submission of Comments and Feedback: All comments, feedback, pictures, images suggestions, ideas, and other submissions disclosed, submitted or offered to Rush Industries on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Material") shall be and remain Rush Industries property. Such disclosure, submission or offer of any Material shall constitute an assignment to Rush Industries of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Material. Thus, Rush Industries will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Material. Rush Industries is and shall be under no obligation (1) to maintain any Material in confidence; (2) to pay to user any compensation for any Material; or (3) to respond to any user Material submission.

You agree that no Material submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Material submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Material you submit. You further agree that will enter into any formal written documentation if required by Rush Industries to formalize Your assignment of all rights in the Material to Rush Industries.

Upon submission of any Material to Rush Industries, you are claiming to be the rightful and lawful owner of that Material, with all accompanying rights to sell or distribute that image/s, including the right to transfer all rights and title to the copyright to another person/s. You are, and shall remain solely responsible for any Material submitted, and if you are deemed not to be the original owner of the submission, you may be liable for all legal claims and damages with respect thereto.

Upon submission of any Material to Rush Industries, you agree that the Material (a) is original and will not infringe or breach any law or any person's right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);(b) is not defamatory, obscene, threatening, pornographic, or offensive; (c) is non-confidential; (d) is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to Rush Industries, free from any claim by any person;(e) does not violate any applicable law, including communications that would give rise to criminal or civil liability; (f) does not advocate any illegal activity; (g) has not been impaired or limited in anyway, including any act or omission by You; (h) does not infringe the intellectual property rights of any third party; (i) does not violate or infringe the rights of any person or entity, including a person's right of privacy; (j) and does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'.

By submitting any Material to Rush Industries, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999) authorizing the assignment of all rights, title and interest in all such Material to Rush Industries, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.

You agree that Rush Industries may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

4. PRODUCT INFORMATION & COLORS
The prices displayed at the Site are quoted in Australian Dollars. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

5. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Rush Industries does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

6. MONITORING OF CONTENT
Rush Industries does not monitor or exercise editorial control over any Material submitted to the Site. Nevertheless, Rush Industries reserves the right to monitor Material submitted to the Site, and to remove or edit any Material that it finds, in its sole discretion, to be contrary to this Terms of Use.

7. DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT RUSH INDUSTRIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT RUSH INDUSTRIES CORRECT THE MATTER OR, IF RUSH INDUSTRIES FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.

8. INDEMNIFICATION
You agree to defend, indemnify and hold Rush Industries harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

9. INTELLECTUAL PROPERTY
All of the pictures appearing in the Rush Industries website are the property of Rush Industries and may not be used without Rush Industries written permission. The mark "Rush Industries" and other identified trademarks are trademarks of Rush Industries and may not be used without our permission.

10. JURISDICTION
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Rush Industries products and services available in Australia and select foreign markets. This Site is controlled and operated by Rush Industries from its office in Adelaide, South Australia. This Agreement shall be construed in accordance with the laws of the State of South Australia, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of South Australia.

11. WAIVER
No failure or delay of either party to exercise rights or remedies under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any rights or remedies preclude any further or other exercise of the same or any other rights or remedies.

12. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable in any circumstances by a court of competent jurisdiction, the remainder of this Agreement and the application of such provisions in any other circumstances, and in any other jurisdiction, shall not be affected thereby.

Online orders:
Only credit card orders can be placed online. All terms of sale online are
defined below.

Credit Card Orders:
We accept credit card payment via Paypal. You must have card number;
expiration date, v-code and cardholder name available and parent approval is
required on all credit card orders. The credit card billing address must match
the ship to address!

COD Orders:
COD Orders will be accepted only with prior arrangement with Rush Industries
Management.

Personal Cheques and Money Orders:
You can pay by personal cheque or money order by mailing your cheque/money
order and order information to Rush Industries. Rush Industries must receive
full payment before any order is posted. This means that your order can be
held up to 15 days before posted. Returned checks are subject to a $20.00
service charge or the maximum allowed by law. In the event that your account
requires legal action or a collection agency, the fee will be added to your
balance and collected.

International Orders:
We ship worldwide and all shipments are shipped via Australia Post. We accept
payment by credit card via Paypal. All international orders must obtain postage
charges direct from Rush Industries.
To determine shipping costs prior to order, please email us with the items to be
ordered, your post code.

Shipping Damage:
If your order is delivered damaged, please notify your local Post Office. You
must save your box for proof of shipping damage.

Shortages and Wrongful Shipments:
If we have made a mistake on your order, please notify us immediately. We will
work with you to best resolve the problem. Rush Industries will pay the postage
charges for any wrongful shipments at the regular Australia Post ground-
shipping rate.

Returns:
We want you to be completely happy with your order. Please inspect your order
thoroughly. If you are not satisfied with your order, we ask that you return the
merchandise within 30 days of purchase accompanied by the original receipt, in
brand new condition and in the original packaging. No returns are accepted
without prior authorization. All returns are subject to a 15% restocking fee.
Returns cannot be made on any item that has been installed. Customers
exchanging product are responsible for all shipping charges. Our returns
department retains full discretion on granting full or partial refunds, exchanges
or credits. All returns must be shipped pre-paid. Returns shipped COD will be
refused.

Credit Procedures:
We issue credits for accepted claims. If you paid with a credit card, your refund
will be issued against that same credit card. Payments by any other method will
be refunded by a company cheque mailed to your billing address within 5
business days after we have been assured of proper credit for your payment.

Warranty Issues:
All warranty issues must be handled directly through Rush Industries. Rush
Industries stands behind its products. Bending is not considered covered under
warranty but all warranty issues will be handled on an individual basis. You
must have prior authorization before sending in any warranty item and it must
be returned freight prepaid. You must have a copy of the original receipt.

100% Satisfaction Guarantee:
We at Rush Industries want you to be completely happy and satisfied with your
order. If for any reason you are unhappy with your order, please notify us
immediately to arrange a return. See returns above for more information.

Please keep your receipt!


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