1. Definitions
"Sun Top" means Sun Top Trade Co., Limited, a company registered in Hong Kong. "Buyer" means the person or entity submitting a Request for Quote or accepting a Sun Top quote. "Quote" means a written price proposal issued by Sun Top. "Order" means a Quote accepted by the Buyer with deposit paid. "Goods" means the items described in an accepted Quote. "ACL" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Quotes and Orders
Quotes are valid for 14 days from issue date unless otherwise specified. Pricing is in AUD and reflects landed door-to-door cost to the Buyer's nominated Australian address. Quotes are indicative until an Order is confirmed and the deposit paid; final factory pricing, freight, and exchange rates may shift quoted figures within reasonable commercial bounds.
An Order is binding when (a) the Buyer accepts the Quote in writing and (b) the deposit is received by Sun Top. Once binding, the Order is non-cancellable in accordance with clause 8.
3. Sourcing Engagement Fee
Sun Top charges a non-refundable sourcing engagement fee of $250, $500, or $1,000 AUD at the start of every project, set according to project complexity and communicated in writing before invoice. The fee covers Sun Top's factory shortlist, RFQ outreach, sample coordination, and quote build work.
The fee is fully credited against the Buyer's final invoice if an Order is placed within 60 days of the fee being paid. If no Order is placed within 60 days, the fee is forfeited.
4. Pricing in AUD; HK Invoice; GST
All Sun Top quotes and invoices are denominated in AUD. Sun Top invoices are issued from Hong Kong and contain no GST or VAT (Hong Kong does not levy GST). Import GST of approximately 10% on landed value is payable to Australian customs at the AU port; the Buyer is named as importer of record on every shipment.
Sun Top's licensed Australian customs broker pays import GST on the Buyer's behalf and on-charges the amount to the Buyer in the landed cost. GST-registered business Buyers may reclaim import GST via their BAS; private Buyers and non-GST-registered Buyers cannot.
5. Delivery — door-to-door
Sun Top's contracted delivery is door-to-door to the Buyer's nominated Australian address. Door-to-door means kerbside or ground-floor delivery; the truck driver does not enter premises, move goods upstairs, or unpack.
The Buyer must ensure truck access to the address (driveway, weight limits, low-bridge clearance, body-corporate restrictions). Site-specific delivery upgrades (hi-ab crane, fork-lift, two-person lift, upstairs delivery) must be requested at Quote stage and are priced separately.
6. Buyer Obligations on Delivery
On delivery the Buyer must:
- Provide labour to unload the truck;
- Move Goods inside;
- Unpack crates and packaging;
- Dispose of all crates, packaging, foam, and plastic at the Buyer's cost;
- Inspect Goods within 14 days and report damage, defects, or shortages to Sun Top in writing with photographs (subject to clause 9 and ACL).
7. Title and Risk
Title to the Goods passes to the Buyer on payment in full of the Sun Top invoice. Risk passes to the Buyer on delivery to the Buyer's nominated address. Sun Top's marine and transit insurance covers Goods from factory to AU port; AU final-mile insurance is provided to standard commercial limits and additional cover may be requested by the Buyer at additional cost.
8. Cancellations and Returns
Once an Order is binding under clause 2 (Quote accepted and deposit received), it cannot be cancelled. This applies to all Goods supplied by Sun Top — custom-manufactured and stock alike. Factory deposits, tooling deposits, allocated production capacity, and any inputs procured against the Order are non-refundable to Sun Top and are passed through to the Buyer.
Returns are not accepted absent a valid defect claim under clause 9 or under the ACL.
9. Quality, Defects, and the Defect Reporting Window
The Buyer has 14 days from delivery to inspect Goods and report visible defects, damage, or shortages to Sun Top in writing with photographs. Sun Top will manage the supplier dispute, replacement, or credit on the Buyer's behalf.
Australian Consumer Law: where the Buyer is a private consumer protected by the ACL, the non-excludable consumer guarantees apply and override the 14-day reporting window where relevant — including for latent defects discovered later, Goods not fit for purpose, Goods not matching description, and other consumer guarantees set out in the ACL. Nothing in these Terms limits, excludes, or modifies any right or remedy the Buyer has under the ACL.
10. Import GST and Customs
The Buyer is named as importer of record on every Sun Top shipment into Australia. The Buyer is responsible for providing accurate identification (ABN for business; personal identification for private). Sun Top's customs broker prepares and lodges all import documentation on the Buyer's behalf and pays import GST and duty at the AU port for on-charge in the landed cost.
11. Force Majeure
Sun Top is not liable for any delay, loss, damage, or failure to deliver caused by events outside its reasonable control, including but not limited to: Chinese New Year and other Chinese public holidays (factory shutdowns); port closures, congestion, or strikes; ocean freight schedule changes; weather events; AU customs and biosecurity holds and inspections; pandemics; war; sanctions; trade policy changes; cyber events affecting freight, customs, or banking systems.
Where a force majeure event affects delivery, Sun Top will keep the Buyer informed and work to minimise impact. Sun Top does not guarantee specific delivery dates.
12. Limitation of Liability
To the maximum extent permitted by law, Sun Top's total liability under or in connection with any Order is capped at the AUD value of the Goods supplied under that Order. Sun Top is not liable for any consequential, indirect, or special losses, including loss of profit, loss of revenue, loss of business opportunity, or loss of goodwill, however arising.
Nothing in this clause limits, excludes, or modifies any right or remedy the Buyer has under the ACL where the Buyer is a private consumer protected by the ACL.
13. Indemnity
The Buyer indemnifies Sun Top against all loss, damage, claim, demand, cost, or expense arising from (a) the Buyer's breach of these Terms; (b) inaccurate Buyer-supplied information used in customs declarations; (c) the Buyer's failure to provide truck access or unloading labour; and (d) the Buyer's use of the Goods in breach of applicable law.
14. Confidentiality
Sun Top's factory relationships, factory identities, factory pricing, and sourcing methodology are confidential commercial information of Sun Top. The Buyer agrees not to attempt to identify, contact, or transact directly with Sun Top's factories during the engagement or for 24 months following the last shipment under any Order.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. The parties submit to the non-exclusive jurisdiction of the courts of Hong Kong.
Disputes must first be referred to mediation in Hong Kong under the Hong Kong International Arbitration Centre Mediation Rules. If unresolved within 30 days, the dispute is finally determined by arbitration in Hong Kong under HKIAC Administered Arbitration Rules. The seat of arbitration is Hong Kong; the language is English.
This clause does not limit the Buyer's right (where a private consumer) to bring proceedings in Australia under the ACL.
16. ACL Non-Excludable Guarantees
Where the Buyer is a private consumer protected by the ACL, the consumer guarantees in Part 3-2 of the ACL apply to Goods supplied by Sun Top and cannot be excluded, restricted, or modified. Nothing in these Terms operates to limit, exclude, or modify any non-excludable right or remedy the Buyer has under the ACL.
Last updated: 17 May 2026. Sun Top reserves the right to update these Terms; the version current at the time of quote acceptance governs that Order.