Terms and Conditions

ALPHA TUBULAR MOTORS PTY LTD

1.    DEFINITIONS
1.1    In these Conditions:
(1)    "Agreement" means the agreement between Alpha Tubular Motors and the Buyer consisting of the Purchase Order, these Conditions and any terms agreed in writing by the parties;
(2)    "Buyer" means the entity with whom Alpha Tubular Motors contracts to supply the Goods;
(3)    "Conditions" means the terms and conditions contained in this document and includes those terms, if any, imposed by law that cannot be excluded;
(4)    "Goods" means goods sold by Alpha Tubular Motors pursuant to the Agreement;
(5)    "GST" means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time or any replacement or other relevant legislation and regulations;
(6)    "Purchase Order" means the Buyer's order to purchase the Goods to which these Conditions apply;
(7)    "ALPHA TUBULAR MOTORS" means Alpha Tubular Motors Pty Limited ABN 64 890 310 268, its successors and assigns.

2.    AGREEMENT
2.1    The Agreement is the entire agreement between ALPHA TUBULAR MOTORS and the Buyer for the supply of the Goods to the Buyer.
2.2    Any variation to the Agreement must be in writing signed by ALPHA TUBULAR MOTORS.
2.3    These Conditions replace any standard terms contained in any document issued by the Buyer.
2.4    The Agreement does not create or evidence an agency, partnership, joint venture, or the relationship of employer and employee.
2.5    If anything in these Conditions is or becomes for any reason unenforceable, illegal or void then it is severed and the rest of these Conditions remain in force. If anything in these Conditions is unenforceable, illegal or void in 1 jurisdiction but not in another jurisdiction, it is severed only in respect of the operation of these Conditions in the jurisdiction where it is unenforceable, illegal or void.

3.    PRICE
3.1    Unless otherwise agreed in writing by ALPHA TUBULAR MOTORS, the price payable by the Buyer for the Goods is the net price of the Goods only, FOB point of shipment, as quoted, advertised or otherwise indicated by ALPHA TUBULAR MOTORS ("Price").
3.2    The Price does not include the cost of insurances, shipping expenses, customs duties, Federal, State and local taxes, duties and imposts, and other-costs and -expenses: These are payable by the Buyer in addition to the price where applicable.
3.3    Unless GST is expressly included, the price payable for any supply made under or in connection with these Conditions does not include GST.
3.4    To the extent that any supply is a taxable supply, the GST exclusive consideration otherwise payable for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of the supply, and is payable at the same time.
3.5    Each party agrees to do all things, including providing tax invoices and other documentation, that may be necessary to enable the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable.

4.    PURCHASE ORDERS
4.1    All Purchase Orders must be made in writing by the Buyer and will be subject to acceptance by ALPHA TUBULAR MOTORS.
4.2    ALPHA TUBULAR MOTORS reserves the right to accept or reject in its absolute discretion any Purchase Order it receives.
4.3    Any quotation issued by ALPHA TUBULAR MOTORS is not an offer or obligation to sell but an invitation to treat only. A quotation expires 30 days from the date of quotation unless agreed in writing by ALPHA TUBULAR MOTORS.

5.    DELIVERY DELAYS
5.1    ALPHA TUBULAR MOTORS will make every effort to deliver the Goods in the shortest possible time.
5.2    ALPHA TUBULAR MOTORS will have no liability whatsoever (including liability for negligence) for any loss or damage consequential or otherwise if the Goods are not delivered or delivery is delayed.
5.3    Delayed delivery will not entitle the Buyer to cancel a Purchase Order.
5.4    Any statement made by ALPHA TUBULAR MOTORS as to the date for delivery of the Goods is an estimate only.

6.    ACCEPTANCE OF GOODS
6.1    The Buyer must inspect the Goods upon delivery.
6.2    The Buyer must give ALPHA TUBULAR MOTORS written notice within 14 days of delivery of any matter or thing (including short delivery) that the Buyer alleges is not in accordance with the Agreement. If such notice is not given then to the extent permitted by law the Buyer will be deemed to have accepted the Goods and must pay for them in accordance with the Agreement.

7.    RETURNS
7.1    ALPHA TUBULAR MOTORS may authorise returns of Goods within 30 days of delivery by issuing the Buyer with a Return Authorisation Number in writing.
7.2    ALPHA TUBULAR MOTORS will only accept returns accompanied by a Return Authorisation Number.
7.3    The Buyer must prepay all costs of returning Goods, including ALPHA TUBULAR MOTORS's re-stocking fee, which is 15% of the Price. All Goods returned must be insured, packed in their original packaging and carriage must be prepaid by Buyer.

8.    PAYMENT
8.1    Should an account facility be made available to the Buyer by ALPHA TUBULAR MOTORS, the Buyer must pay for the Goods within 30 days from the date of ALPHA TUBULAR MOTORS's invoice to the Buyer. In the absence of an account facility being made available, the Buyer must either, at the option of ALPHA TUBULAR MOTORS, make payment at the time of placing the Purchase Order or on demand.
8.2    Payment for the Goods must be made in cleared funds.
8.3    Any overdue payment will attract interest until the time of payment at a rate equal to 3 percentage points above Westpac Banking Corporation's Indicator Lending Rate. Interest accrues on a daily basis.
8.4    Should the Buyer default in the payment of any monies due under this Agreement then all monies due to Alpha Tubular Motors shall at the option of ALPHA TUBULAR MOTORS immediately become due and payable.
8.5    Any collection costs incurred by ALPHA TUBULAR MOTORS in connection with recovering any outstanding monies, including debt collection agency fees and legal costs (calculated on a solicitor and client basis), shall be reimbursed by the Customer.
8.6    The Buyer is not entitled to defer, offset or withhold payment in whole or in part for any reason unless
agreed to by ALPHA TUBULAR MOTORS in writing.
8.7    If the Buyer is the trustee of a trust it enters into this Agreement in its capacity as trustee of the trust and it warrants to ALPHA TUBULAR MOTORS that the trust deed establishing the trust allows the trustee to be indemnified by the trust.
8.8    Where the Goods are supplied to the Buyer on credit, the Buyer must (to secure the performance by the Buyer of its obligations under this Agreement), if requested in writing by ALPHA TUBULAR MOTORS, provide an irrevocable guarantee for an amount to be reasonably determined by ALPHA TUBULAR MOTORS from a financial institution, and in a form approved, by ALPHA TUBULAR MOTORS.
8.9    Time is of the essence in respect of the Buyer's obligation to make payment for the Goods.

9.    RISK AND TITLE
9.1    Risk in the Goods will pass to the Buyer immediately upon delivery.
9.2    Property in the Goods will not pass to the Buyer until the Buyer has paid for all goods supplied by ALPHA TUBULAR MOTORS to the Buyer in full:
(1)    the Buyer may only sell the Goods as ALPHA TUBULAR MOTORS's ?duciary agent for the account of ALPHA TUBULAR MOTORS and the proceeds of such sale (including any proceeds from insurance claims) will be the property of ALPHA TUBULAR MOTORS to be held by the Buyer for and on behalf of ALPHA TUBULAR MOTORS in a separate bank account;
(2)    the Buyer must store the Goods in a proper manner that clearly identifies the Goods as the property of ALPHA TUBULAR MOTORS; and
(3)    the Buyer must not bail, pledge, mortgage, charge, grant a lien over, lease or assign the Goods, other than in accordance with clause 9.2 (1)
9.3    The Buyer irrevocably authorizes ALPHA TUBULAR MOTORS at any time to enter any premises upon which Goods the subject of this clause are stored to enable ALPHA TUBULAR MOTORS to inspect the Goods and, if the Buyer has breached the Agreement, reclaim possession of the Goods.
9.4    The Buyer acknowledges and agrees that ALPHA TUBULAR MOTORS may recover the price of the Goods by legal action if payment for the Goods is overdue, notwithstanding that property in the Goods has not passed to the Buyer.

10.    EXCLUSION OF IMPLIED CONDITIONS AND WARRANTIES AND LIMITATION OF LIABILITY
10.1    Subject to clause 12 and to the extent permitted by law, these Conditions exclude all other conditions, warranties, liabilities or representations in relation to the Goods.

11.    BUYER'S WARRANTY
11.1    The Buyer warrants that the Goods are purchased for the purposes of re-sale in the course of the Buyer’s business, or for use or incorporation into other products in the course of such business, and not for the Buyer’s personal, domestic, or household use or consumption.
11.2    Any express warranty provided by ALPHA TUBULAR MOTORS applies only to the Buyer as the original purchaser. The Buyer must not extend, transfer, or make any representation or warranty on behalf of ALPHA TUBULAR MOTORS to any subsequent purchaser or end user of the Goods.
11.3    The Buyer may, at its own discretion and cost, provide its own warranty to its customers. Any such warranty will be the sole responsibility of the Buyer and will not bind ALPHA TUBULAR MOTORS in any way.
11.4    Nothing in this Agreement excludes, restricts, or modifies any rights or remedies the Buyer may have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

12.    TRADE WARRANTY

Alpha Tubular Motors – Wholesale customers only. This warranty is given only to trade customers that buy Goods directly from Alpha. It is not a consumer warranty and is not given to End Users.

12.1     Definitions

In this clause 12:

         ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

         Alpha means Alpha Tubular Motors Pty Ltd - ABN 64 890 310 268.

         Buyer means the person that purchased the Goods directly from Alpha, as shown on Alpha's tax invoice.

         Defect means a defect in materials or workmanship in the Goods.

         End User means any person who acquires the Goods, or goods incorporating the Goods, other than directly from Alpha, including the Buyer's customers and the owners or occupiers of premises where the Goods are installed.

         Goods means goods supplied by Alpha to the Buyer.

         Instructions means Alpha's instruction sheets, installation and operating instructions, wiring diagrams, selection guides and catalogues for the Goods, as supplied with the Goods or published on Alpha's website.

         Invoice Date means the date of Alpha's tax invoice to the Buyer for the Goods.

         Manufacture Date means the date of manufacture marked on the Goods or recorded in Alpha's records.

         Warranty Period means the period for the relevant Goods set out in Schedule 1, starting on the Invoice Date.

12.2     Trade warranty only

(a)     Alpha supplies Goods on a wholesale basis to manufacturers, installers and other trade customers that acquire the Goods to resupply them, or to install or incorporate them in other goods or fixtures. This warranty is given only to the Buyer.

(b)     This warranty is not given to, and may not be assigned to, relied on or enforced by, any End User or other third party.

(c)     The Buyer warrants that it acquires the Goods in the course of its business for resupply, installation or incorporation, and not for its own personal, domestic or household use.

(d)     The Buyer may offer its own customers a warranty of a different period or on different terms. Any such warranty is the Buyer's sole responsibility and does not extend Alpha's obligations under this clause 12.

12.3     Warranty

Subject to this clause 12, Alpha warrants to the Buyer that the Goods will be free from Defects during the Warranty Period when used under normal and proper use and in accordance with the Instructions.

12.4     Warranty Period

(a)     The Warranty Period for each type of Goods is set out in Schedule 1. Where more than one entry in Schedule 1 could apply to the Goods, the most specific entry applies.

(b)     The Warranty Period starts on the Invoice Date. Where Schedule 1 refers to a Manufacture Date, the Manufacture Date is used only to decide which entry applies.

(c)     If the Invoice Date cannot be verified from Alpha's records or from the Buyer's copy of Alpha's invoice, Alpha may calculate the Warranty Period from the Manufacture Date.

(d)     Replacement Goods or parts supplied under this warranty are warranted only for the balance of the original Warranty Period.

12.5     Battery charging requirements

(a)     Motors with internal batteries must be recharged at least once every:

(i)       3 months – WSERD30-B 1/30 C; and

(ii)      6 months – WSERD30-B 2/31 C, WSERD30-B 3/20 C, WSERD40-B and WSERD50-B,

whenever the motor is not in active use or is in storage, including while held in the Buyer's stock.

(b)     Failure to recharge at these intervals may cause deep discharge and permanent battery damage. Damage caused by failure to recharge as required is not covered by this warranty.

(c)     Only chargers supplied or approved in writing by Alpha may be used. Chargers must be disconnected once the battery is fully charged and must not be left permanently connected to a motor.

12.6     Additional installation requirements – WSERD50-B motors

The WSERD50-B motor must be installed in accordance with its instruction sheet to prevent water entering the motor through the charging cable. In particular:

(a)     the charging connection must be configured as either:

(i)       a solar panel permanently connected inside the headbox, with a protective sheath over the join; or

(ii)      a USB-C CP extension cable of 150 mm or 1.5 m in length, with a round cover sealing the connection;

(b)     solar panels must be installed facing direct sunlight; and

(c)     only Alpha-supplied chargers may be used, and the charger must be disconnected once the motor is charged.

This warranty does not cover any Defect, damage or failure of a WSERD50-B motor to the extent it is caused or contributed to by failure to comply with this clause 12.6, including water ingress through the charging cable or connection.

12.7     Exclusions

This warranty does not cover any Defect, damage or failure to the extent it is caused or contributed to by:

(a)     selection, adaptation, installation, wiring, electrical connection or operation of the Goods that is not in accordance with the Instructions, or with Australian laws, standards and safety codes (including the AS/NZS 3000 Wiring Rules);

(b)     installation of Goods connected to 240V mains power by anyone other than a licensed electrician;

(c)     use of the Goods for any function other than that for which they are designed, being the motorisation of windows, window coverings, retractable shading devices, doors, door coverings, gates, garage doors and projection screens, or any other function specified in Alpha's published Instructions;

(d)     use of a motor that is not correct for the application under Alpha's selection guides, including use of a motor of more than 30Nm torque on any zip-type awning, straight drop awning or external blind (including Ziptrak, Zipscreen, eZip, Channel X, Zipslide and Slidetrak), or use of a motor not specified in Alpha's folding arm motor guide on a folding arm or cassette awning;

(e)     use of the Goods with products, software or third-party electrical accessories (including switches and relays) that have not been approved in writing by Alpha;

(f)      unauthorised repair, maintenance or modification of the Goods;

(g)     misuse, abuse, negligence, accident or abnormal operating conditions;

(h)     any external cause, including liquid or moisture ingress, corrosion, power surges, lightning, fire or impact;

(i)      external charging connectors or USB-C charging ports being left unprotected or exposed to air, moisture or debris, including a charging socket left inside a headbox or hood without a protective cover;

(j)      physical damage to charging sockets;

(k)     failure to comply with clause 12.5 or 12.6; or

(l)      fair wear and tear, or cosmetic deterioration that does not affect the operation of the Goods.

This warranty also does not apply to:

(m)    Goods that have been opened or dismantled other than by Alpha or with Alpha's written authority;

(n)     batteries or other consumables that are not hard-wired into the Goods, other than the battery packs listed in Schedule 1; or

(o)     the gradual reduction in battery capacity that occurs with normal use and age.

12.8     Remedy – replacement warranty

(a)     This is a replacement warranty. If Alpha accepts a claim, Alpha will supply the Buyer with replacement Goods (or a replacement part) of the same or equivalent type. If equivalent Goods are no longer available, Alpha may instead, at its option, issue a credit or refund the price paid by the Buyer for the Goods.

(b)     Alpha supplies replacement Goods to the Buyer only. Alpha does not attend any site and does not remove, install or replace Goods. Removal of the defective Goods and installation of the replacement Goods must be carried out by the Buyer, a blind installation company or a qualified installer, and Goods connected to 240V mains power must be installed by a licensed electrician.

(c)     Goods or parts that are replaced, credited or refunded under this warranty become the property of Alpha.

12.9     Costs

Subject to clause 12.15, the Buyer is responsible for all costs of removal, reinstallation, labour, call-out and site attendance, and for all freight costs in connection with a claim under this warranty, including freight to and from Alpha.

12.10   Making a claim

(a)     Claims under this warranty may only be made by the Buyer.

(b)     To make a claim, the Buyer must, within the Warranty Period and within 30 days of becoming aware of the Defect, email a completed Alpha Returns Form to sales@alphamotors.com.au.

(c)     The claim must include:

(i)       the product code, and the serial number and Manufacture Date where shown on the Goods;

(ii)      Alpha's invoice number or other proof of purchase from Alpha;

(iii)     the date of installation, where known;

(iv)     a description of the Defect and when it occurred; and

(v)      photos and/or video showing the Defect.

(d)     Goods must not be returned without a return authorisation number issued by Alpha. Alpha may require the Goods, or the relevant parts, to be returned for inspection before a claim is accepted, and the Buyer must keep the defective Goods until Alpha has assessed the claim.

(e)     Alpha will assess the claim and notify the Buyer whether it is accepted and of the remedy under clause 12.8.

(f)      To the extent permitted by law, any claim by the Buyer against Alpha in relation to the Goods, including any claim for indemnity under section 274 of the ACL, must be made in accordance with this clause 12.10, and the Buyer must not admit liability on Alpha's behalf to any End User or third party.

(g)     Late notification does not affect any rights the Buyer has under the ACL.

12.11   Buyer's obligations

The Buyer must:

(a)     handle all warranty and consumer guarantee claims made by its own customers and End Users;

(b)     not represent to any person that this warranty is given by Alpha to End Users, and not refer End Users to Alpha;

(c)     ensure that any warranty it gives its own customers complies with the ACL;

(d)     pass on the Instructions and Alpha's product safety information, including the battery charging requirements in clause 12.5, to its installers and customers;

(e)     keep records that allow the Goods to be traced (including product code, serial number or Manufacture Date, and the customer supplied) for at least the Warranty Period, and provide them to Alpha on request, including for any product safety recall; and

(f)      notify Alpha in writing within 48 hours of becoming aware of any incident involving the Goods that results in fire, overheating, injury or death.

The Buyer indemnifies Alpha against any loss, cost or liability arising from any warranty or representation given by the Buyer that goes beyond this warranty, or from the Buyer's installation or workmanship.

12.12   End User enquiries

(a)     Alpha does not supply Goods, replacement Goods or parts directly to End Users, and does not attend End Users' premises. If an End User contacts Alpha about a faulty product, Alpha will refer them to the business that supplied or installed it, which is responsible for handling their claim. This does not affect any rights the End User may have under the ACL.

(b)     For safety reasons, including the risk of electric shock and falls from height, removal and installation of the Goods must only be carried out by the Buyer, a blind installation company or a qualified installer, and Goods connected to 240V mains power must be installed by a licensed electrician.

12.13   Suitability of Goods

The Buyer is responsible for determining that the Goods are suitable for their intended use, including selecting the correct motor size, torque, tube and load for the application, in accordance with Alpha's selection guides.

12.14   Limitation of liability

To the extent permitted by law, including the ACL:

(a)     Alpha's liability for any breach of this warranty is limited to the remedy in clause 12.8;

(b)     Alpha is not liable for any indirect or consequential loss, loss of profit or revenue, loss of time, inconvenience, commercial loss, or the costs of removal or reinstallation of the Goods, arising from a Defect or from the replacement, removal or reinstallation of the Goods; and

(c)     Alpha's total liability in respect of any Goods will not exceed the price paid by the Buyer for those Goods.

12.15   Australian Consumer Law

This warranty is in addition to any other rights and remedies the Buyer may have under the ACL or any other law. Nothing in this clause 12 excludes, restricts or modifies any guarantee, right or remedy (including under sections 271 and 274 of the ACL) that cannot lawfully be excluded, restricted or modified.

12.16   Governing law

This warranty is governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

SAFETY GUIDELINES FOR ALPHA TUBULAR MOTORS

This information is not part of the Trade Warranty. Buyers must pass it on to their installers and customers (clause 12.11(d)).

Avoid overcharging. Disconnect the motor from the charger as soon as the green light shows a full charge. Never leave the charger permanently connected. Overcharging can cause overheating and may create a fire risk.

Prevent overheating. Do not expose the motor to high temperatures or direct sunlight for extended periods.

Act immediately. If you notice unusual warmth, discolouration or odours coming from the motor, disconnect it from the power source and stop using it straight away.

Store correctly. Store the motor in a cool, dry place away from flammable materials, within a temperature range of -20°C to 65°C.

Use approved chargers only. Only use the charger supplied with the motor or an Alpha-approved replacement. Incompatible chargers can create safety hazards.

Recharge regularly. When the motor is not in regular use or is in storage, recharge it at least every 6 months (every 3 months for the WSERD30-B 1/30 C). Letting the battery run flat for long periods can permanently damage it.

Keep away from children. Do not allow children to play with the motor or remote control.

Dispose of batteries safely. Dispose of lithium-ion batteries in line with local regulations. Never incinerate them or submerge them in water.

Following these guidelines helps prevent damage to the product and reduces the risk of injury. Nothing in this information affects any rights you may have under the Australian Consumer Law.

LIABILITY DISCLAIMER

While we at Alpha Tubular Motors strive to provide safe and reliable products, we cannot accept liability for any damage or personal injury resulting from improper use, charging, storage, or handling of our motors or their lithium-ion batteries. By using our products, you acknowledge that you have read, understood, and agree to follow these safety guidelines.

13.    PRIVACY
13.1    Where the Goods are supplied to the Buyer on credit the Buyer irrevocably authorises ALPHA TUBULAR MOTORS, its employees and agents to make such enquiries necessary to investigate the creditworthiness of the Buyer with respect to the supply of such credit including (but not limited to) making enquiries of, and exchanging information (including some personal information) with, the Buyer's trade referees, bankers and credit providers, and with credit reporting agencies ("information sources") and the Buyer authorises such information sources to disclose to ALPHA TUBULAR MOTORS such information in their possession concerning the Buyer that is requested by ALPHA TUBULAR MOTORS.
13.2    For the purposes of the Privacy Act 1988 where the Buyer is an individual, ALPHA TUBULAR MOTORS declares that it collects information about the Buyer to assist in promoting and selling its products and services. ALPHA TUBULAR MOTORS does not disclose information about the Buyer to any person except as required while providing its products or services for the ordinary administration of its business.

14.    OWNERSHIP OF BUYER
14.1    Buyer must notify ALPHA TUBULAR MOTORS within 7 days of any alteration to its registered particulars.
14.2    Where Goods are supplied to the Buyer on credit, Buyer must notify ALPHA TUBULAR MOTORS in writing within 14 days of any:
(1)    addition or alteration to the shareholding or directorship of Buyer (if Buyer is a company);
(2)    addition or alteration to the partnership (if Buyer is a partnership); or
(3)    intended sale of the Buyer's business. ("Ownership Changes")
14.3    If there are any Ownership Changes in the Buyer, ALPHA TUBULAR MOTORS may, in its absolute discretion, withdraw credit facilities for that Buyer.

15.    GOVERNING LAW AND JURISDICTION
15.1    The law of New South Wales governs the Agreement.
15.2    The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.