Terms and Conditions

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. 

1. About our terms 

1. Your use of this website (the “Site”), which is provided by Haynes Australia Pty Limited (“Haynes”), is expressly conditional upon your acceptance of the following terms and conditions (“Terms of Use”). By using this Site you signify your consent to be bound by these Terms of Use. If you do not agree with any part of the following Terms of Use you must not use this Site.  
2. The Site is provided to you free of charge for information purposes only. Some areas of the Site require registration. By completing the initial registration form and by entering your email address and password, you will be deemed to have accepted these Terms of Use. Also, by subscribing to any of our email services, you are deemed to have accepted these Terms of Use. 
3. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information. 
4. If you order any goods, services or digital content from the Site or if you buy a subscription or membership to access restricted parts of the Site, separate terms and conditions will apply. 

2. About us 

1. We are a company registered in New South Wales under company registration number ABN 59 618 618 992 of Suite 2, 6 The Crescent Kingsgrove in the State of New South Wales. 
2. References to ‘Haynes, ‘us’, ‘our’, and ‘we’ are to Haynes Australia Pty Limited. 
3. If you have any questions about the Site, please contact us at service.apac@haynes.com. 

3. Use of the Site 

1. The Site is for your personal use only. 
2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site. 
3. We make no promise that the Site is appropriate or available for use in locations outside of Australia. If you choose to access the Site from locations outside Australia, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply. 
4. We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at service.apac@haynes.com. 
5. As a condition of your use of the Site, you agree not to: 
1. misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or; 
2. attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. 
3. We may, at our discretion, prevent or suspend your access to the Site if, for any reason, we believe that you have not complied with these Terms of Use or any applicable law.  

4. Registration and password security 

1. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time. 
2. Access to the registration areas of the Site is permitted on the basis that:
1. your email address and password are personal to you and may not be used by anyone else to access this Site; 
2. you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of this Site; and 
3. you do not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, nor will you seek to pass yourself off as another user. 
3. It is your responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your username and password. We will not be held liable where your password is used by someone else.  
4. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account. 
5. Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available here. 

5. Infringing content

1. We will use reasonable efforts to: 
1. delete accounts which are being used in an inappropriate manner or in breach of these Terms of Use; and 
2. identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information. 
2. If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page. 

6. Ownership, use and intellectual property rights 

1. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (the “Content”) are owned by us and our licensors. 
2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit. 
3. Nothing in these Terms of Use grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content. 
4. You must not reproduce any part of this Site or the Content or transmit it to or store it in any other website or disseminate any part of it in any other form, unless we have indicated in writing that you may do so. The design, arrangement and look and feel of this Site are the copyright of Haynes and/or its licensors and may not be copied or otherwise reproduced. 
5. Trade marks, trade names and logos displayed on this Site are the property of Haynes and/or its licensors or other third parties. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission or the permission of the relevant third party. 

7. Submitting information to the Site 

1. For the purposes of these Terms of Use “User Content” means material including, without limitation, text, video, photographs, graphics, audio, and competition entries whether published on this Site or not and whether copyright of Haynes or a third party. 
2. Users of this Site may submit User Content including but not limited to text including comments and blogs, videos, photographs, graphics and/or audio for publication in various areas of the Site, including our forums and blogs. We accept no liability in respect of any User Content submitted by users and published by us and we are not responsible for its content and accuracy. When you submit a video, photograph or other User Content to us you do so in accordance with these Terms of Use. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit. 
3. Submission of any User Content is subject to the following terms: 
1. you warrant to us that any User Content you submit to us is your own original work and that you own the copyright and any other relevant rights; 
2. you must obtain the permission of all of the people featured or referred to in the User Content (and, if they are under 16, their parents or guardians as well) to our use of the User Content; 
3. publication of any User Content you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the User Content prior to publication, or to refuse publication; 
4. you grant us a non-exclusive, perpetual, royalty-free, worldwide, transferable licence to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to other users of this Site, prepare derivative works of and to display any User Content you submit to us in any format, including without limitation print and electronic format and you agree to waive your moral rights in the User Content; 
5. you agree not to post User Content which is deliberately intended to upset other users or contrary to applicable local, national, and international laws and regulations. You warrant that the User Content you submit does not infringe any individual’s right to privacy and is not harmful, offensive, defamatory, obscene, harassing, threatening, hateful or otherwise degrading or intimidating of any individual or group of individuals on the basis of religion, gender, race, sexual orientation, ethnicity, age, or disability, or otherwise illegal; 
6. you must not endanger yourself or others, take any unnecessary risks in order to produce or make any User Content; 
7. you acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing User Content you submit to us, including consequential losses. 
4. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable. 
5. You or the owner of the User Content retain ownership of the copyright in all User Content sent to us and are free to republish it wherever you or the owner wish and in whatever medium you or the owner want. 
6. We do not keep any ‘comments’ that are not accepted for publication but may retain other User Content even if this is not published. We have no obligation to you to keep any User Content or to return it to you or remove it from the Site or anywhere else we may have published it at any time. 
7. You must not send materials that contain viruses, worms, or any other destructive elements. Insults, threats, defamatory comment, dissemination of confidential material, pyramid or other soliciting schemes, or actions meant to disrupt or abuse other users are also prohibited. Users must not use the Site to advocate illegal conduct or to participate in illegal or fraudulent activities and must not post or distribute unauthorized copies of copyright material including photographic images, artwork, text, sound files or computer programs. If you have a product or service to advertise, you may not use the Site for this purpose. 
8. We do not endorse any User Content or any opinion, recommendation, or advice expressed herein, and we expressly disclaim any and all liability in connection with such material. Haynes does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and we will remove any User Content if properly notified that such material infringes another’s intellectual property rights. We reserve the right to remove User Content without prior notice. 

8. Safety, Complaints, and Reporting Abuse 

1. You are advised not to reveal any personal information about yourself or anyone else (for example: telephone number, email address or home address). You are entirely responsible for maintaining the confidentiality of your details when using this Site. 
2. Any questions about these Terms of Use or reports of anyone abusing the Site or otherwise not complying with these Terms of Use should be addressed to service.apac@haynes.com. 
3. We reserve the right to immediately terminate or suspend access to the Site in response to conduct that we believe interferes with other people’s enjoyment. 

9. Copyright 

1. You may download and print extracts from the Site and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on this Site. 

10. General Disclaimer of Liability 

1. We are providing this Site and its contents on an ‘as is’ basis and, to the maximum extent permitted by law, excludes all representations or warranties of any kind including, without limitation, warranties implied by statute. In addition, we do not represent or warrant that the information accessible via this Site is accurate, complete, current, error-free or bug-free. 
2. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk. 
3. To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. 

11. Other websites and services 

1. You can access other websites via links or URL re-directions from this Site. These sites are not under our control and we are not responsible in any way for any of their contents. You agree that we will not be party to any transaction or contract with any third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party websites and services. You agree you will not involve us in any dispute you may have with any such third-party website or service. 

12. Interruptions or delays 

1. Although we will do our best to provide constant, uninterrupted access to this Site we do not guarantee this. We accept no responsibility or liability for any interruption or delay. 

13. No third party rights 

1. No one other than us or you has any right to enforce any of these Terms of Use. 

14. Entire understanding 

1. If any provision of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these Terms of Use which shall remain in full force and effect. 
2. These Terms of Use contain the entire understanding between you and us with respect to this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.  
3. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. 

15. Governing law and jurisdiction 

1. These Terms of Use are governed by the laws of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales. 

16. Updates 

1. These Terms of Use were last updated on 13 August 2024 and we reserve the right to vary these Terms of Use from time to time. Our updated Terms of Use will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations. 

Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply goods (which excludes digital content) (our "Products") listed on our website "au.haynes.com" ("our site") to you. If you are purchasing digital content (such as Haynes online manuals) please refer to our terms and conditions for digital content below. Please read these terms and conditions carefully and make sure that you understand them before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. 

You should download or save a copy of these terms and conditions for future reference. 

By checking the box marked "Please check to confirm that you have read and accepted our Terms & Conditions" or by ordering any Product, you agree to these terms. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site. These terms and conditions also include warranty, disclaimers and liability exclusions. If there is anything in these terms, including warranty, disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these terms, you can choose not to purchase the Products. 

1 INFORMATION ABOUT US 

1.1 We operate the website “au.haynes.com". We are Haynes Australia Pty Limited (ABN 59 618 618 992) of Suite 2, 6 The Crescent Kingsgrove in the State of New South Wales. 

2.1 By placing an order through our site, you warrant that: 

2.1.1 you are legally capable of entering into binding contracts; and 

2.1.2 you are at least 18 years old. 

3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 

3.1 Before placing an order, you will be asked if you accept these terms and conditions. You will not be able to place an order unless you accept these terms and conditions. Our acceptance of your order will take place when we email you to acknowledge and accept it ("Order Confirmation"), at which point a contract will come into existence between you and us ("Contract"). We will only accept your order once we have received payment in full for the Products. 

3.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. 

3.3 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Products. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product. 

3.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. 

3.5 The Contract is made on the basis that neither you nor we have made or received (or will make or receive) any bribe or other improper payment to each other in relation to your order. 

4 OUR PRODUCTS 

4.1 Products may vary slightly from their pictures. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. 

4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our site. 

5 YOUR RIGHTS TO MAKE CHANGES 

5.1 If you wish to make a change to the Product you have ordered, please contact us at service.apac@haynes.com. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10 - Your rights to end the contract). 

6 OUR RIGHTS TO MAKE CHANGES 

6.1 Minor changes to the Products. We may make minor changes to the Products provided those changes do not affect your use of the Products. For example, we may make changes to reflect amendments in relevant laws and regulatory requirements or to implement minor improvements. 

6.2 More significant changes to the Products and these terms. Should we need to make more significant changes to the Products or these terms, we will first notify you detailing the proposed changes and the reason for the change. You will be given the opportunity to accept the change or you may contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received. 

7 PROVIDING THE PRODUCTS 

7.1 Delivery costs. The costs of delivery and delivery or postal service used will be as displayed to you on our Site. 

7.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. We will always aim to deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. 

7.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received. 

7.4 If you are not at home when Products are delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, either the Products will be returned to us (in which case clause 7.5 shall apply) or a note may be left informing you of how to rearrange delivery or how to collect the Products from a local depot. 

7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 10 will apply. 

7.6 If we deliver goods late. If we miss the delivery deadline (as set out above or as otherwise agreed in writing with us) for any Products then you may treat the Contract as at an end straight away if any of the following apply: 

7.6.1 we have refused to deliver the Products; 

7.6.2 delivery within the agreed delivery deadline was essential (taking into account all the relevant circumstances); or 

7.6.3 you told us before we accepted your order that delivery within the agreed delivery deadline was essential. 

7.7 Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline. 

7.8 Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must post them back to us. We will pay the costs of postage. Please email us at service.apac@haynes.com for a return label. 

7.9 When you become responsible for the Products. Products will be your responsibility from the time we deliver the Product to the address you gave us.  

7.10 When you own Products. You own a Product once we have received payment in full, including delivery charges. 

8 YOUR CANCELLATION RIGHTS 

8.1 Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract: 

8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back), please see clause 11; 

8.1.2 If you want to end the Contract because of something we have done or have told you we are going to do, see clause 8.2; 

8.1.3 In all other cases, see clause 8.4. 

8.2 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at 8.2.1 to 8.2.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:  

8.2.1 we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 6.2);  

8.2.2 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;  

8.2.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control;  

8.2.4 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or  

8.2.5 you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see clause 7.8).  

8.3 Ending the Contract where we are not at fault. Even if we are not at fault, you can still end the Contract before it is completed, but you may have to pay us compensation. A Contract is completed when the Product is delivered and paid for. If you want to end a Contract before it is completed where we are not at fault, just contact us to let us know. The Contract will end immediately but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract. 

9 HOW TO END THE CONTRACT WITH US  

9.1 Tell us you want to end the Contract. To end the Contract with us, please email us at service.apac@haynes.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

9.2 Returning Products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. Please consult our return policy. 

9.3 When we will pay the costs of return. We will pay the costs of return only: 

9.3.1 if the Products are faulty or misdescribed; or 

9.3.2 if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return. 

9.4 How we will refund you. We will refund you the price you paid for the Products (excluding delivery costs), by the method you used for payment. However, we may make deductions from the price, as described below. 

9.5 When your refund will be made. We will make any refunds due to you as soon as possible, after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.2. 

10 OUR RIGHTS TO END THE CONTRACT 

10.1 We may end the Contract if you breach any of the terms. We may end the Contract for Products at any time by writing to you if: 

10.1.1 you do not make any payment to us when it is due; 

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, such as delivery information; or 

10.1.3 you do not, within a reasonable time, allow us to deliver the Products to you. 

10.2 You must compensate us if you breach the Contract. If we end the Contract in the situations set out in clause, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 

11 IF THERE IS A PROBLEM WITH THE PRODUCT 

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can send us an email at service.apac@haynes.com. 

11.2 Australian Consumer Law. Nothing in this Contract or in these terms limits your consumer rights under the Australian Consumer Law (ACL), including guarantees for repair, replacement, or refund for major failures. 

11.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must post them back to us. We will pay the costs of postage. Please send us an email at service.apac@haynes.com for a return label. 

12 PRICE AND PAYMENT 

12.1 The price of the Products and our delivery charges will be as quoted on our site from time to time. 

12.2 Prices include GST where applicable. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect. 

12.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. 

12.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order procedures. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. We do not have to provide the Products to you at the incorrect (lower) price. 

12.5 Payment for all Products must be by credit or debit card. We accept payment with the credit or debit cards listed when you make payment. You will be asked to make payment at the check-out when submitting your order. We will charge your credit or debit card when you place your order and we shall dispatch the Products as soon as practicable thereafter. 

13 OUR LIABILITY TO YOU 

13.1 If we fail to comply with these terms and conditions, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract. 

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the ACL. 

13.3 We only supply the Product for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity resulting from your use of the Product for any commercial, business or re-sale purposes. 

13.4 Where you buy any Product from a third-party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions. 

14 IMPORT DUTY 

14.1 If you order Products from our site for delivery outside Australia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 

14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. 

15 INTELLECTUAL PROPERTY 

15.1 The content of all the Products is owned by or licensed to us and is protected by Australian and international intellectual property laws. This includes all text, images, artwork and all other aspects of the Product. We retain all rights to the Products. They may not be copied, reproduced, transmitted, displayed, distributed or represented in any form or by any means, whether print, electronic, mechanical, photocopy, recording or otherwise, without prior written consent from us. 

16 WRITTEN COMMUNICATIONS 

16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 

17 NOTICES AND COMMUNICATIONS 

17.1 All notices given by you to us must be given to Haynes Australia Pty Limited at service.apac@haynes.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 

18 TRANSFER OF RIGHTS AND OBLIGATIONS 

18.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.  

18.2 You may only transfer your rights and obligations under this Contract if we agree to this in writing. 

19 EVENTS OUTSIDE OUR CONTROL 

19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). 

19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 

19.2.1 strikes, lock-outs or other industrial action; 

19.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 

19.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 

19.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 

19.2.5 impossibility of the use of public or private telecommunications networks; 

19.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and 

19.2.7 pandemic or epidemic. 

19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 

20 WAIVER 

20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. 

20.2 A waiver by us of any default will not constitute a waiver of any subsequent default. 

20.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above. 

21 SEVERABILITY 

21.1 If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 

22 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 

22.1 We have the right to revise and amend these terms and conditions from time to time. 

22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). 

23 LAW AND JURISDICTION 

23.1 These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of the Commonwealth of Australia. Any dispute or claim arising out of or in connection with these terms or our Contract with you or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. 

Version dated: 13 August 2024 

 Haynes terms and conditions of sale of Online Products (including Online Manuals and AutoFix products) 

1 DEFINITIONS 

1. In these Terms, the following terms have the following meanings:  
   "Content" means any data, computer and information services and software, and other content and documentation and updates included in and/or supplied by or through our Online Products or in any other way by us. 
   "Intellectual Property Rights" means patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. 
   "Online Manual" means any Content that we supply to you in the form of a manual in electronic format.  
   "Online Products" means any products or services supplied to you by us in digital or electronic format or through our Websites, including but not limited to Online Manuals and Online Services.  
   "Online Service" means any service hosted by us through which you are able to access Content, including but not limited to AutoFix.   

"Product Lifetime" means the time period in which we will continue to make an Online Product available to customers. The Product Lifetime shall end when we discontinue the relevant Online Product. The Product Lifetime shall be a minimum of three years from the date on which you purchase the relevant Online Product.   
"Terms" means these terms and conditions.  
"Website" means any website hosted by us, including but not limited to au.haynes.com  

2 THESE TERMS 

2.1   These are the terms and conditions on which we supply Online Products to you. Please refer to Haynes' terms and conditions of supply for goods if you are purchasing hard copy products, such as hard copy manuals.  
2.2    Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Online Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss. 

3 INFORMATION ABOUT US AND HOW TO CONTACT US 

3.1    We are Haynes Australia Pty Limited (ABN 59 618 618 992) of Suite 2, 6 The Crescent Kingsgrove in the State of New South Wales. 
3.2     You can contact us by writing to us at service.apac@haynes.com. 
3.3    If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or when registering your details with us. 
3.4    When we use the words "writing" or "written" in these Terms, this includes emails. 

4 OUR CONTRACT WITH YOU 

4.1    Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 
4.2    If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are experiencing an unforeseen technical difficulty. 
4.3     We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. 
4.4     You may be required to register your details and/or open an account to access or order certain Online Products. Where you have not already expressly accepted these Terms, submission of your registration and accessing Online Products shall amount to deemed acceptance of these Terms. Each registration is for a single user only. We do not permit you to share user names and passwords with any other person save as outlined in clause 16.2. It is your responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your user name and password. You should notify us immediately of any unauthorised use of or access to your account as soon as you become aware of it. 

5 OUR PRODUCTS AND LICENSED USE 

5.1    Supported browsers. Our Online Products can be accessed using any of the following web browsers:  

Desktop Minimum Requirements 
Windows 10 Edge: 
1 gigahertz (GHz) or faster 32-bit (x86) or 64-bit (x64) (Windows information here) 
2 gigabytes (GB) of RAM 
A high-speed internet connection (recommended minimum of 1.5 mb/s). Note that dial-up connections are not supported, and satellite connections are frequently a source of problems, as connection speeds can vary 
Video playback may require additional memory and advanced graphics hardware 

Mac: Chrome and Safari  

Mobile Minimum Requirements 
IOS: Safari 

Android: Gingerbread 2.3.3 and all later Android versions, Android Chrome 5 

Please ensure that you are able to support and access at least one of these browsers before purchasing Online Products.  

5.2    Licensed use. We grant you a non-exclusive, non-transferable licence (without rights to sub-licence to any third party) to access and use Content in electronic format for your non-commercial use for the Product Lifetime (subject to clause 11.1), but without any right to copy, modify, extract or re-utilise any information or data within such Content other than as expressly set out in this clause 5.2.  
5.3    You may not delete any of our intellectual property protection notices from Content or Online Products.  
5.4    You shall not reverse engineer, separate or otherwise tamper with the Content so that Content can be extracted and used for any purpose outside the scope of these Terms.  
5.5    All other uses of the Content other than permitted by these Terms are prohibited. If you wish to use Content in a manner which is not authorised by these Terms, please contact us.  
5.6    The Content that Online Products are based on is partly derived from third party sources. We do not warrant the accuracy or completeness of any information or Content provided unless we would reasonably have been alerted to any omission, error or inaccuracy in the Content.  

6 INTELLECTUAL PROPERTY 

6.1    You acknowledge and agree that all Intellectual Property Rights in the Content and Online Products are and shall continue to be owed by us or our licensees and nothing in these Terms shall transfer, assign or grant any rights to you (save for the licence set out at clause 5). 
6.2    The names, images and logos identifying us, our partners or third parties and our/their products and/or services contained in Online Products are proprietary marks and may not be reproduced or otherwise used without express permission.   

7 OUR RIGHTS TO MAKE CHANGES 

7.1     We may make minor changes to an Online Product: 
7.1.1    to reflect changes in relevant laws and regulatory requirements; and 
7.1.2    to implement minor technical adjustments and improvements, for example to address a security threat.  
These changes will not affect your use of the relevant Online Product.  

7.2     We may update Content and/or Online Products, provided that the Content and/or Online Product shall always match the description of it that we provided to you before you bought it. 
7.3     We may discontinue or withdraw any of our Online Products at our sole discretion, with immediate effect and without prior notice to you.  We will never discontinue or withdraw a Online Product within 3 years of the date that you purchased that product.  

8 PROVIDING THE PRODUCTS 

8.1     We will make Online Products available to you online as soon as we accept your order. We will email you a link from which the relevant Online Product can be accessed.  
8.2     If our supply of Online Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Online Products you have paid for but not received. 
8.3     We need certain information from you so that we can supply Online Products to you, for example, we need your correct email address so that we can email you a link to access Online Products. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Online Product late or not supplying it if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 
8.4     We may have to suspend the supply of an Online Product to: 
8.4.1    deal with technical problems or make minor technical changes; or 
8.4.2    update Content and/or Online Products to reflect changes in relevant laws and regulatory requirements.  
8.5     We will contact you in advance to tell you we will be suspending supply of an Online Product, unless the problem is urgent or an emergency, in which case we will contact you if we have to suspend the product for longer than 24hours. Where we contact you to tell you that we will be suspending (or have suspended) supply of an Online Product: 
8.5.1    if you have not yet received the Online Product, you shall be entitled to end the contract pursuant to clause 9.2.4; or 
8.5.2    if you have already received the Online Product and the suspension is for a consecutive period of more than 7 days, you shall be entitled to end the contract with us and you may be entitled to receive a refund of a proportion any sums you have paid for the product. Refunds shall be awarded at our sole discretion, taking into account the purchase date, time elapsed since purchase, the anticipated length of the suspension and the value of sums paid for the product.  

9 YOUR RIGHTS TO END THE CONTRACT 

9.1    You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: 
9.1.1    If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 12; 
9.1.2    If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2. 
9.2     If you are ending a contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any Online Products which have not yet been provided and you may also be entitled to compensation. The reasons are: 
9.2.1    we have told you about an upcoming change to the Online Product or these Terms which you do not agree to (see clause 7.2); 
9.2.2    we have told you about an error in the price or description of the Online Product you have ordered and you do not wish to proceed; 
9.2.3    there is a risk that supply of the Online Products may be significantly delayed because of events outside our control; 
9.2.4    we have suspended supply of the Online Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 24 hours; or 
9.2.5    you have a legal right to end the contract because of something we have done wrong.  
9.3     You cannot change your mind in respect of Online Products. 
 

10 HOW TO END THE CONTRACT WITH US 

10.1    To end the contract with us, please let us know by writing to us at service.apac@haynes.com. Please provide your name, details of the order and, where available, your phone number and email address. 
10.2     We will refund you the price you paid for the Online Products, by the method you used for payment. However, we are entitled to make deductions from the price at our discretion. 
 

11    OUR RIGHTS TO END THE CONTRACT 

11.1     We may end the contract for an Online Product at any time by writing to you if: 
11.1.1    you do not, within a reasonable time of us asking for it, provide us with correct information that is necessary for us to provide Online Products, for example, your email address; or  
11.1.2    you are in material breach of these Terms and, if such breach is capable of remedy, you fail to remedy the breach within 30 days of us notifying you in writing, specifying the breach and requiring it to be remedied.  
11.2     If we end the contract due to any of the reasons outlined in clause 11.1, you shall: 
11.2.1    Immediately cease to use the affected Online Products and Content; and 
11.2.2    within 30 days of us ending the contract, destroy all Content relating to the terminated contract in any media which is in your possession or control.  

12    IF THERE IS A PROBLEM WITH THE PRODUCT 

12.1    How to tell us about problems. If you have any questions or complaints about a Online Product, please contact us. You can write to us at service.apac@haynes.com. 

12.2    Australian Consumer Law. Nothing in this Contract or in these terms limits your consumer rights under the Australian Consumer Law (ACL), including guarantees for repair, replacement, or refund for major failures. 

 

13 PRICE AND PAYMENT 

13.1    The price of the product (which includes GST) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Online Product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order. 
13.2    We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the Online Product, we will adjust the rate of GST that you pay, unless you have already paid for the Online Product in full before the change in the rate of GST takes effect. 
13.3    It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and disable you from accessing the product. 
13.4    Payment for all Products must be by credit or debit card. We accept payment with the credit or debit cards listed when you make payment. You will be asked to make payment at the check-out when submitting your order. We will charge your credit or debit card when you place your order. 

14    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

14.1    Whilst we endeavour to ensure that information or Content included in our Online Products is correct, such information and Content is provided on an "as is" basis, without any conditions, warranties or other terms attached of any kind. Save as expressly set out in this clause 14, we accept no responsibility and shall not be liable for any loss caused as a result of any reliance upon information or Content included in our Online Products.  
14.2    If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 
14.3    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2.  
14.4    If defective Content and/or Online Products which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.  
14.5     We only supply Online Products for domestic and private use. If you use Online Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

14.6   We will not be liable to you for any delay in delivery or non-delivery of any Online Product in the following circumstances; 

14.6.1. where the issuer of your payment card or cheque refuses to authorise payment to us, or you have not paid when you have been invoiced; 

14.6.2. where such delay or failure is due to circumstances beyond our reasonable control (or the reasonable control of our sub-contractors and agents), including but not restricted to: sanctions being imposed on your country of residence; war; electricity power failure; utilities failure; failure of telecommunications links; failure of transport infrastructure; fire; flood; government acts; act of God; legislative constraints; strikes; labour disputes; or malicious damage involving employees. 

15    HOW WE MAY USE YOUR PERSONAL INFORMATION 

We will only use your personal information as set out in our privacy policy, which can be found here 

16 OTHER IMPORTANT TERMS 

16.1    We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 
16.2    You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. Consent shall be given solely at our discretion.  
16.3    Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its Terms. 
16.4    If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 
16.5    Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.  

16.6 This contract is made on the basis that neither you nor we have made or received (or will make or receive) any bribe or other improper payment to each other in relation to your order for the Online Products. 
16.7    Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by the laws of New South Wales, Australia and you can bring legal proceedings in respect of the products in the courts of New South Wales, Australia.  

Version dated: 13 August 2024