Welcome to Trulux. Please take the time to read the following terms and conditions applicable to the use and enjoyment of products and services provided on the site.
By browsing the site or placing an order, you agree to be bound by the conditions listed below as amended from time to time.
Orders can only be placed with Trulux by persons with capacity to contract, who are over the age of 18.
REVIEW OF TERMS AND CONDITIONS
These terms and conditions are subject to change from time to time without notice. Each order or transaction will be governed by the terms and conditions in force upon the date of that transaction.
All content on this site, including text, icons, graphics, etc. are the property of Trulux or its suppliers and are protected by Australian and International Copyright law. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent.
Trulux can only ship to a limited number of countries that are listed on our shipping section.
To discuss shipping to a country not listed here please email us at: firstname.lastname@example.org. Trulux is not responsible for customs charges and restrictions that vary from country to country and result from the importation or certain products. The purchaser remains responsible for all charges and fees incurred.
All orders placed are an offer of purchase and are subject to acceptance by Trulux. If an order is not accepted a full refund will occur at the earliest possible convenience.
Trulux is under no obligation to ship any goods ordered until payment for those goods has been received. All prices listed are inclusive of any Australian Goods and Services Tax applicable.
Throughout the use of the site users may be invited to review certain products. If you do submit such reviews, you give Trulux permission to use, reproduce, modify and publish them in a royalty-free, irrevocable manner. You also permit Trulux to publish your first name and State or Town.
Such reviews posted, in no way represent the views or opinions of Trulux or its owners, shareholders, employees or others, but are the sole product of its creator.
PURCHASE OF GOODS
Upon purchase of goods, the buyer agrees to use the products only for their intended purpose. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use.
ADVICE AND INFORMATION
The advice and information contained within this website is of a general nature and is not intended to replace professional advice for individual or specific conditions. While we make every effort to ensure that the information contained within this website is correct, we take no responsibility for any loss or damage arising from its use.
CONCLUSION OF TRANSACTION
The agreement for sale is concluded only when goods are handed over to the designated carrier.
MANUFACTURING TERMS AND CONDITIONS
The contract governs the supply of any goods and services (“the Goods”) by Trulux Pty Ltd or any of its related bodies corporate as defined in the Corporations Law (Trulux) to you, or in the case of a corporation, the corporation and all of its directors, or in the case of a partnership, all of the partners (“the Customer"). Unless otherwise specifically agreed in writing by Trulux, all orders placed by the Customer with Trulux for supply of Goods will be on the following terms and conditions.
INVOICE PRICE OF GOODS
The invoice price for the Goods is set out in the Schedule as either a price list or quotation. All prices quoted by Trulux exclude GST.
RESERVATION OF TITLE
Ownership or title in the Goods remains with Trulux until full payment of the Invoice Price is made by the Customer.
Trulux will use its reasonable efforts to deliver the Goods at the agreed location on the Delivery Date.
The Customer is liable for all freight costs, unless the price quoted is specifically stated as including freight costs.
The Customer assumes all risk on delivery at the agreed location.
If Customer collects goods from Trulux premises then Customer is liable for all freight costs and assumes all risk on collection.
If Trulux cannot deliver because of circumstances outside its reasonable control (including but not limited to strikes, lockouts, raw material shortages, accidents or breakdowns of plant or machinery or shipping courier ) then Trulux is not liable for late delivery and delivery obligations are suspended (without penalty) until in Trulux reasonable opinion the inability ceases.
Trulux will endeavor to deliver to the Customer the Goods as ordered. The Customer must accept delivery where the quantity delivered is not more or less than 10% in value or quantity of the Goods ordered (the “permissible adjustment”).
In this event a pro rata adjustment will be made to the Invoice on delivery by Trulux.
Subject to the permissible adjustment, if there is a short delivery of Goods or more than one delivery, each delivery is deemed to be sold under a separate contract and the Customer remains bound by this Contract (with no right of termination) until the balance of Goods are delivered.
Deliveries may be totally or partially suspended during any period in which Trulux may be prevented or hindered from delivering by any circumstances outside its reasonable control, including but not limited to strikes, lockouts, raw material shortages, accidents or breakdowns of plant or machinery.
The Customer acknowledges that in such an event, Trulux will be under no liability or obligation to deliver to the Customer any Goods not delivered during the period of suspension.
If the Goods are subject to one order by the Customer are delivered by more than one delivery, each delivery will be deemed to be sold under a separate contract failure by Trulux to deliver the whole of the order within the time stated on the order form will not entitle the Customer to repudiate the Contract for the balance remaining undelivered.
Trulux reserves the right to make deliveries in instalments and these terms and conditions shall be severable to such instalments.
Trulux shall not be liable for damages in delivery.
Upon delivery or deemed delivery, the Goods shall be at the Customer risk and the Customer shall, from that date, insure the Goods for their full replacement value.
- Fifty percent (50%) deposit required with a written confirmation of order, with the final balance payable prior to delivering or picking up of goods.
- All Goods shall be paid in full before leaving Trulux premises.
WARRANTY AS TO QUALITY
- Except where prohibited by law, this warranty over-rides all relevant Federal, State and Territory legislation. All liability is excluded where such liability is consequential or arises out of (or in respect of) the supply, re-supply, or use of the Goods.
- Trulux warrants that the goods supplied will be of a merchantable quality. Any liability howsoever arising out of or in respect of the supply, re-supply or use of the Goods is expressly excluded, including but not limited to loss of profits or consequential loss.
- If the Customer complains that the Goods are not of merchantable quality then provided the Customer makes a detailed written complaint to Trulux within 7 days of receipt of the Goods the subject of the complaint and returns fully insured (at its cost and risk) such part of the Goods as required by Trulux for Trulux inspection, Trulux may at its option, as full compensation for such loss (including any loss of profits and consequential loss caused by an act or omission -including negligent acts or omissions of Trulux or Trulux agents) but without admission of liability, either:
(a) Replace the whole or part of such Goods, or
(b) Confer a credit note, or
(c) Refund the amount paid by to the extent not exceeding the invoice price of the goods, or
(d) Pay to the Customer some part of the invoice price.
- The Customer acknowledges as a paramount term that Trulux is not, on any basis, required to pay or compensate the Customer in an amount exceeding the invoice price of the Goods.
STABILITY TESTING AND COMMERCIAL RISK
- Unless required by law, Trulux does not conduct stability testing on products it produces.
- Trulux cannot provide any warranty as to stability of the product unless 3 months' stability testing is conducted at the Customer's expense.
- If the Customer approves a commercial sample prepared by Trulux without stability testing being conducted, the Customer assumes all risk in relation to the product's stability and suitability for purpose.
- The Customer must supply Trulux with any and all relevant Material Safety Data Sheets in relation to any products supplied to Trulux by the Customer.
- Trulux will not be responsible for the Preservative Efficacy of the Goods, it is up to the Customer discretion and risk to have performed the necessary tests for the adequacy of their preservation and evaluation of the Goods and that to put the Goods to the market is a commercial risk that the Customer takes.
ADVICE AND MATERIAL PROVIDED
Any advice, recommendations, information, technical assistance or formulation services (“the Advices”) provided by Trulux (or its agents) in relation to the Goods is given in good faith and is believed by Trulux to be appropriate, accurate and reliable.
The Customer acknowledges that it has not relied upon such Advices and that the Customer has had adequate time to take and rely either on its own advices or alternative advice.
- Should Trulux receive material and/or goods supplied by the Customer (including tubes, bottles and other like containers) into which the Goods produced by Trulux are to be contained or for any purpose relating to the use of the Goods, all such materials and/or goods are provided at the risk of the Customer.
- Trulux costs structure is based upon the assumption that clean, quality packaging components are supplied by the customer. If during the course of works a quality problem arises due to packaging supplied by the Customer, Trulux reserves its rights to charge a surcharge to cure the quality problem and/or refuse to fill any inferior quality packaging.
- Trulux will take all reasonable care with all materials supplied to it by the Customer, however all materials which remain on Trulux premises are not insured by Trulux and remain at the Customer's risk at all times.
- If Trulux is required to purchase, or take delivery of, any raw material, packaging components or goods which are specific to a particular order ("specialist materials"), and at the termination of any contract between Trulux and the Customer there remains residual specialist material, the Customer must purchase all remaining specialist material from Trulux at Trulux cost price plus GST.
- In this instance Trulux will issue the Customer with a Tax Invoice for the remaining materials which will be payable with the remaining 50% balance before delivery, in accordance with Trulux normal trading terms and conditions.
- Notwithstanding any statement made to the Customer by Trulux, the Customer must independently of Trulux take all reasonable steps and other enquiries to satisfy itself that the material and/or goods (included tubes, bottle and other like containers) provided to Trulux is, for all purposes and under all conditions, suitable containers for the Goods manufactured or produced by Trulux.
- If the Customer fails to pay any invoice on the basis that the Goods were not:
(a) Fit or of merchantable quality purpose, or
(b) Suitable for or compatible with the material, and/or the Goods provided by the Customer to Trulux,
(c) Then the Customer agrees that it bears the continuing evidential onus in any proceedings to establish that the Customer had prior to placing the order with Trulux, properly made and taken all reasonable and independent enquiries to satisfy itself that the Customer supplied material and/or goods were suitable for use with and to contain the Goods provided by the Customer to Trulux.
- Trulux will not be obliged to accept returned Goods except if the Goods are faulty or incorrect. In the latter circumstances, the Goods shall only be accepted by Trulux, if Trulux has acknowledged responsibility for the faulty or incorrect Goods and this has been notified to the Customer in writing.
Payment for the Goods supplied by Trulux to the Customer will become due immediately upon the Customer committing any act of bankruptcy (if a natural person) or (being a Company) appointing an Administrator, or committing an act which entitles a third party to wind up, or appoint a Receiver, or Receiver and Manager to the Company.
- Where Trulux receives material and/or goods from the Customer for the purpose of carrying out work thereon, all such materials and/or goods are provided at the risk of the Customer.
- Trulux will not be liable for any loss or damage to any of the said materials and/or goods whilst in the custody and/or control or Trulux nor will Trulux be liable in respect of any consequential loss or damage sustained by the Customer irrespective of whether such loss or damage is sustained as a result of the negligence or willful act or default of Trulux and/or could have been foreseen or contemplated by Trulux
- Trulux will not be liable in the event, where a third party involvement in either manufacturing, packing, or any processes involving with the handling or storage of the Goods.
- Trulux will not be liable for any liability in the recall of goods, it is up to the Customer discretion and interests to make such decision.
- Existing laws and regulations are to be observed in all cases by our Customers
REPOSSESSION OF GOODS BY TRULUX
- When the Goods are ready for delivery and the customer refuse to take delivery or pay for the balance after 30 days, Trulux may retake possession of the Goods, any containers and other apparatus containing such Goods (notwithstanding that Trulux is not the owner of such containers and apparatus) (the “Ancillaries”), any and all material bearing or embodying any patent, trademark, design, copyright, instructions, warnings and packaging (the “Intellectual Property”) relating to the Goods and/or the Ancillaries, and for the purpose of facilitating and authorizing such possession and sale, the Customer:
(a) Confers on Trulux an irrevocable right to take possession of such Ancillaries and to sell such Ancillaries together with the Goods;
(b) Confers on Trulux an irrevocable licence in respect of all Intellectual Property,
(c) Irrevocably authorizes Trulux, its employees and agents as the authorised agent of the Customer for the purpose of taking possession of and selling the Ancillaries containing the Goods and/or any Intellectual Property or packaging associated with such Ancillaries or the Goods without notice and without liability or legal process.
SALE OR OTHER DISPOSAL OF GOOD UPON EXPIRY OR TERMINATION
- Unless the Goods are paid for, Trulux may, after the expiration of 14 days from taking possession of such Goods, offer the Goods, the Ancillaries and any packaging material bearing the Intellectual Property for sale by public auction, tender or private treaty or online, at such location and on such dates and terms and conditions or through persons dealing in Goods of similar description or in any other manner and upon such terms and conditions as Trulux and the Customer may agree or, failing agreement, then as Trulux in its sole discretion decides.
- If Trulux utilizes a design, or has followed an instruction by the Customer relating to the formulation or manufacture of the goods, the Customer will indemnify and hold harmless Trulux from any and all claims, proceedings, judgements, prosecution, damages, losses, costs, expenses and liabilities made or recovered against Trulux as a result of whether direct or indirect, any activity or undertaking by Trulux in accordance with those instructions involving an infringement of a patent, trade mark, registered or unregistered design, copyright, or as a result of the Customer’s misassembly or design of the Goods, or marking, instructions or warnings on the goods.
- The Customer will keep Trulux fully indemnified against all losses and expenses (including solicitor/client legal expenses) which Trulux may suffer or incur due to the failure by the Customer to observe its obligations under the contract.
- If the Customer breaches any of these terms and conditions, including any misuse of Trulux proprietary or confidential Information, Trulux reserves its rights to commence immediate legal proceedings without further notice to the Customer including urgent injunctive relief where appropriate.
- All of the obligations concerning confidentiality created by these Terms and Conditions are continuing obligations of the Customer and do not merge upon.
- Trulux in its discretion may require the Customer to execute a confidentiality agreement with Trulux in relation to Trulux confidential information.
- The rights and obligations of the parties in respect of agreements, indemnities, covenants and warranties contained in this document.
(a) Are continuing agreements, covenants, indemnities and warranties and accordingly,
(b) Are not merged or extinguished by the partial performance by a party of their obligations under this document, and will remain in full force and effect until the obligations of all parties under this document are discharged in full.
- Each of the parties agree that they will execute and deliver such further documents at their own expense as they may reasonably be requested by any other party to properly and fully effect the purpose of this document.
- If the Customer wishes to commence proceedings against Trulux (or file any cross claim in proceedings commenced by Trulux) in respect of this Agreement, the Goods or any matter directly or indirectly arising out of this Agreement, then prior to the commencement of such proceedings or the filing of such cross claim, the Customer must as
(a) Security for the legal costs of Trulux, and/or
(b) Security for any award or judgment that may be awarded in favour of Trulux against the Customer
(c) First pay into the relevant Court in New South Wales as security on a non-admission basis that sum which is the higher of
- $20,000 (twenty thousand dollars), or
- 75% of the whole of any then unpaid invoices owing to Trulux (notwithstanding that such invoices may be disputed, or the subject of a set off or other claim by the Customer)
- No waiver by any party of any default in the strict and literal performance of or compliance with any provision, condition or requirement herein shall be deemed to be
- A waiver of strict and literal performance of and compliance with any other provisions, conditions, or requirement herein
- A waiver of or in any other manner
- Release any party from strict compliance with any provision, condition or requirement in the future.
- Any delay or omission by any party to exercise any rights provided for in this document does not in any manner impair the exercise of any such right accruing to it thereafter.
- Disclaimer: Product samples made herein are based on our research and are believed to be accurate but no guarantee of their accuracy is made.
- They are provided to the best of our knowledge and ability, but without obligation and liability. Information and advice are intended to be helpful, but no warranty is expressed or implied as to the results obtained from use of the formulation, procedure or product suggested herein.
- Is governed by the law of the State of New South Wales and each of the parties irrevocably submits to the nonexclusive jurisdiction of the State of New South Wales.
- May not be modified, amended, added to or otherwise varied except by a document in writing executed by all of the parties.
- Shall ensure for the benefit of and be binding upon the parties hereto and their respective successors and assigns.
- May not be assigned by any party without the prior written consent of all of the parties.
- May be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and
- Constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and extinguishes all prior agreements or deeds and understandings between the parties.
Unless expressed in writing to the Customer, failure or delay by Trulux in exercising any right, power or privilege available to it will not operate as a waiver thereof nor will the exercise by Trulux of any other right, power or privilege prevent it from exercising any other rights, powers or privileges available to it.
Before use: Customers should always refer to the ingredients label as affixed to each product OR the Material Safety Data Sheet / Specification Sheet which are current at the time of supply of the product.
The information and materials provided is for educational purposes only. Individuals receiving this information must utilize their independent judgment in determining its appropriateness for a particular purpose or use.
As the ordinary or otherwise use(s) of products is outside the control of Trulux Pty Ltd., no representation or warranty, expressed or implied, is made as to the effect(s) of such use(s), (including damage or injury), or the results obtained. Trulux Pty Ltd expressly disclaims responsibility as to the ordinary or otherwise use(s). Furthermore, nothing contained herein should be considered as a recommendation by Trulux Pty Ltd as to the fitness for any use. The liability of Trulux Pty Ltd is limited to the value of the goods and does not include any consequential losses.
Trulux Pty Ltd shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
Trulux Pty Ltd shall not be responsible for any damages resulting from use of or reliance upon this information.
The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties.
The products contained in this website are represented in as true a manner, as photographic processes and printing will allow. The images contained in this website are for illustrative purposes only. If you have any questions with regard to how products are packaged or labelled, please contact Trulux.
Note: All our images are graphically designed, and may not be as accurately as our photos on the website representing the final packaging designated for delivery. However we will endeavour to do our best to be as Accurate as possible.
As the availability of ingredients and raw materials is not always certain whether due to changes in nature or otherwise, Trulux Pty Ltd reserves the right to substitute alternate ingredients/raw materials in the manufacture of its products and bases in order to maintain supply to its customers.
Trulux Pty Ltd is a wholesaler of natural and synthetic skin care products and raw materials. If you intend to re-label our products under your own name/ brand for the purpose of on-selling or retailing, we strongly recommend that you keep up to date with constant changing labelling laws. Please visit www.accc.gov.au or www.nicnas.gov.au . Trulux Pty Ltd cannot be held responsible for consequential loss/ product recall due to incorrect labelling.
Note: Individuals receiving any information contained in this website must utilize their independent judgment in determining its appropriateness for a particular purpose or use. As with any manufacturing process, Trulux Pty Ltd encourages small batch, lab-scale manufacturing for evaluation purposes prior to full commercial manufacturing.
TRULUX CHEMICAL DISCLAIMER
PRODUCT USAGE: THIS PRODUCT IS INTENDED AS A RESEARCH CHEMICAL ONLY. This designation allows the use of research chemicals strictly for in vitro testing and laboratory experimentation only.
All product information available on this website is for educational purposes only. Bodily introduction of any kind into humans or animals is strictly forbidden by law.
This product should only be handled by licensed, qualified professionals.
This product is not a drug, food, or cosmetic and must not be misbranded, misused, or mislabelled as a drug, food or cosmetic.