Terms & Conditions

1. Definitions

The following definitions relate to the terms and conditions (“Conditions”) governing all Goods supplied to you (“the Customer”) by Altalena:

a) “Application” means the Application for Credit Account and Agreement of Terms and Conditions of Sale for purchasing Goods on credit;
b) “ACL” means the Australian Consumer Law in the Competition and Consumer Act 2010 (Commonwealth);
c) “Consumer” means a consumer as that term is defined in the Australian Consumer Law;
d) “Consumer Contract” means a Contract for the supply of goods or services to an individual whose acquisition of the goods or services is wholly or predominantly for personal, domestic or household use or consumption. However, if the relevant parts of the definition of ‘Consumer Contract’ under the Australian Consumer Law are amended at any time, this definition is also amended accordingly;
e) “Contract” means the sale agreement has the meaning given to that term in clause 2;
f) “Other Documents” means quotes, proforma, order confirmations, invoices, specifications, and all supplements and attachments issued by Altalena from time to time;
g) “Goods” means goods either sold or rented and/or services supplied to you by Altalena;
h) “Services” means either labour, parts or consumables or any combination of these, and may include but are not limited to leak test, warranty and/or out-of-warranty work performed by Altalena;
i) “Altalena”, ”our” means United Designers Pty Ltd trading as Altalena ABN 28 065 397 757; its successors and assigns or any person acting on behalf of and with the authority of Altalena;
j) “the Customer”, “your” means you and any other person(s) acting on your behalf;
k) “Dealer” means a business authorised to re-sell Goods supplied by Altalena;
l) “Drysuit”, “Dry Suit” means a generic term for various suits designed to protect the user from environmental conditions. The performance, including the degree of watertightness, varies according to the applicable definitions in the relevant standards or regulations;
m) “Diving Drysuit” means a suit that covers all or particular regions of the body and which is designed to prevent the ingress of water upon immersion;
n) “Custom-Fit Drysuit” means a standard-size diving drysuit with sleeve length and/or trouser leg length altered either by the manufacturer or Altalena;
o) “MTM” means a bespoke drysuit Made-to-Measure with modified panels to better fit the end-user’s specific body measurements while keeping the drysuit characteristics, style and cut;
p) “Immersion Suit” means either a drysuit designed to protect the user against the effect of cold-water immersion by precluding the entry of water upon immersion; or a wetsuit designed to protect the user against the effect of cold water immersion by providing insulation and limiting the entry and exit of water upon immersion;
q) “Anti-Exposure Suit” means an insulated or non-insulated suit constructed with waterproof materials.

2. General
2.1 The Contract between you and Altalena is constituted by:
a) the Conditions; and
b) the Application for credit account if applicable; and
c) the Other Documents; and
d) the extent to which Altalena accepts an order in accordance with clause 3.7; each a “Contract”.

2.2 The Conditions, the Application, the Other Documents and the extent to which Altalena accepts the order govern all Contracts for the supply of Goods by Altalena to you and constitute the entire agreement in connection with the supply of Goods between you and Altalena.

2.3 In the event of any inconsistency between these Conditions and provisions contained in Other Documents, the provisions contained in Other Documents shall prevail.

2.4 All previous dealings between you and Altalena are excluded and are not applicable in the interpretation of the Contract. The Contract bind you even if you or Altalena do not sign it promptly or at all.

2.5 No modification or variation to the Contract, any additional terms or conditions or any terms inconsistent with the Contract provided by you whether put forward in the order, your specification or otherwise will bind Altalena, unless specifically agreed to otherwise in writing by Altalena.

2.6 You will purchase and Altalena will supply Goods to you on the terms of each Contract. However, Altalena is not obliged to supply Goods to you when requested to do so.

2.7 Altalena may at any time, and from time to time, alter these Conditions by notice in writing to you.

a) You may consider the variation and, if not acceptable, may elect not to proceed with the purchase of Goods ordered before the date of the variation, but which are intended to be subject to the variation.
b) Otherwise, you agree that Goods delivered and/or ordered from the date of a notice of variation will be subject to the variation and acceptance of the Goods or the placing of the order will be deemed to be an acceptance of such varied Conditions.

2.8 Clerical errors are subject to correction and do not bind Altalena.

2.9 Any forbearance by Altalena to enforce any provision of these Conditions shall not be treated as a waiver of that provision, nor shall it affect Altalena’s right to subsequently enforce that provision.

2.10 If one or more provisions of these Conditions are found to be invalid, illegal, or unenforceable, either in whole or in part, the remainder of that provision and these Conditions will remain in full force and effect as if the invalid, illegal, or unenforceable provision had never been included. An invalid or unenforceable provision, whether in whole or in part, will be replaced by a valid and enforceable provision that closely approximates the intent, including financial consequences, of the original provision.

3. Quotes and Orders

3.1 Any quotes or price list given by Altalena to you does not constitute an offer to sell Goods to you. Altalena reserves the right to alter the quote or price list without notice to you.

3.2 Altalena’s quote/pro forma invoice remains valid for the period stated in the quote or otherwise for a period of fourteen (14) days from the date it was sent.

3.3 Special orders, which refer to any order that falls outside standard stock lines or stocking quantities, will require a fifty percent (50%) deposit upon placing the order. All special orders are strictly non-returnable.

3.4 All printed or digital media, catalogues, brochures, pamphlets, images, technical files, style descriptions, presentations, designs, and drawings may illustrate or provide the latest updates on each product’s standards, design, or style features. However, the Goods delivered may comply with earlier standards, designs, or style features.

3.5 The actual colours of Goods and textiles may vary from the pictures, illustrations, online colours or printed ones.

3.6 Altalena reserves the right to modify the design of Goods and cease to manufacture or supply Goods without notice.

3.7 By ordering Goods, you are making a binding irrevocable offer to purchase those Goods. Altalena will notify you of the acceptance of your order in writing. Alternatively, the manufacture of Goods or delivery of Goods pursuant to your order will be deemed acceptance of your offer to purchase.

3.8 For Goods on backorder, you agree to accept the backorder unless you notify Altalena in writing within three (3) days of the order confirmation to remove the Goods from your order.

3.9 Any changes to orders that have been packed for shipping are subject to a twenty percent (20%) restocking fee.

3.10 All orders are subject to Altalena’s credit department approval before acceptance by Altalena. Altalena makes no assurance or guarantee regarding any amount of credit or the continuation of such credit for the Customer. If Altalena provides credit to you, you must provide Altalena with:
a) Personal/Directors Guarantee and Indemnity completed form; and if requested
b) annual or interim reports containing your consolidated financial statements for a specified fiscal year or accounting period, as requested. In all cases, these statements shall adhere to generally accepted accounting principles.
Notwithstanding the above, if Altalena determines, at its sole discretion, that the creditworthiness of the Customer’s future performance is impaired or unsatisfactory, Altalena may: suspend deliveries of Goods, or require prepayment of immediately available funds by Electronic Funds Transfer or online banking or direct deposit.
If you refuse to comply with such a demand, Altalena reserves the right to cancel the entire order or part of it, without prejudice to Altalena’s rights for all damages and interests.

4. Accuracy of Measurements and Specifications

4.1 In the event you give information relating to measurements and quantities of the Goods, it is your responsibility to verify the accuracy of the measurements and quantities, before you or Altalena places an order based on these measurements and quantities. Altalena accepts no responsibility for any loss, damages, or costs however resulting from your failure to comply with clause 4.

4.2 Altalena shall be entitled to rely on the accuracy of any measurements, specifications and other information provided by you. You acknowledge and agree that in the event that any of this information provided by you is inaccurate, Altalena accepts no responsibility for any loss, damages, or costs, however resulting from these inaccurate measurements, specifications or other information.

5. Prices and GST

5.1 Unless specifically agreed to otherwise in writing by Altalena, the prices of the Goods in the retail price list (“RRP”) include ten percent (10%) Australian GST and in the trade price list exclude GST.

5.2 Altalena will charge GST at the rate set by the Government in respect of any supply made to you.

5.3 Prices are stated by Altalena in the quote, proforma invoice, order confirmation and invoice. Prices may change with reasonable notice to you to account for any additional costs incurred by Altalena related to materials, utilities, energy expenses, transport, labour, or other costs, or tariffs, duties, taxes, international freight, fuel surcharge and insurance charges and increase in exchange rates, that were not reasonably foreseeable at the time the original prices were provided.

6. Payment

6.1 You agree that until Altalena confirms that a credit facility has been granted to you, all Goods are supplied on a prepaid before delivery basis.

6.2 Unless specifically agreed to otherwise in writing by Altalena, all payments must be made without any discount by the due date or dates determined by Altalena, which may be:
a) prepaid before delivery of the Goods;
b) by way of instalments/progress payments in accordance with Altalena’s payment schedule;
c) within thirty (30) days of the invoice date.
Issuing a bill of exchange does not constitute novation or deviation from the current Conditions.

6.3 You may pay by:
6.3.1 Electronic Funds Transfer or online banking or direct deposit into the bank account specified by Altalena; or
6.3.2 Visa or MasterCard or American Express or Electronic Funds Transfer at Point of Sale EFTPos (“Contactless Payment Method”), noting that:
a) a payment surcharge of two and a quarter percent (2.25%) is payable by you when using a Contactless Payment Method;
b) the payment surcharge is payable at the same time as the account to which it relates is due;
c) international cardholders may incur currency conversion fees from their card issuer when payments are processed in the official currency of the overseas country.
6.3.3 Any other method as specifically agreed to between you and Altalena.

6.4 Receipt by Altalena of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

6.5 Disputes regarding invoices must be reported to Altalena in writing by you no later than seven (7) days after receipt of the invoice; otherwise, the invoice is considered to comply with the Contract.

7. Default

7.1 If:
a) you fail to pay for any Goods on the due date or Altalena has reasonable grounds to believe that you may not be able to make due and punctual payment to Altalena of any monies owing by you; or
b) you exceed your credit limit at any time;
c) you otherwise breach a term of any Contract; or
d) you cancel the delivery in breach of the Contract or fail to take delivery of any Goods; or
e) you commit an act of bankruptcy; or
f) you allow a trustee in bankruptcy or receiver and manager to be appointed to you or any of your property; or
g) you allow distress to be levied or a judgment, order or security to be enforced, or to become enforceable against your property including under the Personal Property Securities Act 2009 (“PPSA”); or
h) proceedings are commenced to wind up your business; or
i) a controller, receiver, administrator, liquidator or similar officer is appointed to you or in respect of any part of your property; or
j) contractual performance by either you or Altalena is delayed or prevented due to a Force Majeure Event.

7.2 In accordance with clause 7.1, without prejudice to any of our rights, Altalena may:
a) charge interest on the outstanding amount as of the due date, automatically and without notice of default, calculated daily at six percent (6%) per annum plus the reference rate set by the Reserve Bank of Australia (RBA).
b) request immediate payment for any payable amounts from any other Contracts or any other obligation owed by you to Altalena in accordance with Altalena’s terms, notwithstanding that the due date for payment may not have expired;
c) charge a dishonour handling fee of fifty (50) dollars where Altalena is unable to obtain payment from your credit card provider or a cheque is not paid by your bank;
d) vary, suspend or withdraw any credit that may have been extended to you;
e) immediately terminate or suspend the whole or any outstanding part of any Contract;
f) enter upon your premises (doing all that is necessary to gain access) where Goods supplied under any Contract are situated at any time and retake possession of any or all of the Goods Altalena has supplied to you in which title has not passed to you and Altalena reserve the right to resell the Goods concerned;
g) recover from you all collection costs and expenses incurred in collecting overdue accounts; with an additional minimum charge of eighty (80) dollars, to cover administrative costs associated with recovery efforts;
h) recover from you the cost of Goods acquired for the purpose of future deliveries of Goods to you;
i) register a default with any credit reference agency;
j) sue for the money owing on the Goods;
k) in addition to any other available remedies, withhold supply, hold off on further shipments until those payments are received or, at our discretion, cancel the outstanding balance without any liability to you.

7.3 Any amounts already paid shall be retained by Altalena as compensation and Altalena will not be liable for any compensation related to the processing of the Goods that have not been fully paid for.

7.4 The late payment fee and any interest will be calculated and charged daily from the due date until the actual payment date and will be payable together with the overdue amount. You agree that the fees and interest charged pursuant to clause 7.2 are a genuine pre-estimate of Altalena’s loss from late payment.

7.5 Altalena will not be liable to you for any loss or damage you suffer because Altalena has exercised its rights under clause 7.

7.6 Any forbearance from Altalena in charging any of the fees set out in clause 7.2 does not constitute a waiver of our right to do so in the future.

8. Set Off
You agree that:

8.1 Altalena may set-off any credit amount that Altalena owes you against any debit due by you to Altalena; and

8.2 you are not entitled to withhold payment of any money in respect of any set-off or claim you might have against Altalena.

9. Freight and Delivery

9.1 The Conditions are governed by Incoterms 2020. Unless specifically agreed to otherwise in writing by Altalena, delivery will be on “FCA” Incoterms 2020 at Altalena’s registered office, and the prices quoted are “FCA” prices.

9.2 The delivery date provided by Altalena to you is only an estimate and the time of delivery shall not be of the essence of the Contract. Altalena shall not be liable for failing to deliver on the specified date.
a) A delay in delivery does not entitle you to compensation or to cancel the Contract.
b) Under no circumstances shall Altalena be liable to compensate you for damages or for non-delivery or delayed delivery of the Goods or any part thereof, for any reason, or any loss—whether direct, indirect, consequential, or otherwise—including, without limitation, any loss of profits, revenue, or goodwill arising therefrom, regardless of whether Altalena has been advised of the possibility of such losses.

9.3 Altalena reserves the right to deliver Goods by instalments.

9.4 You are responsible for all freight costs. If you nominate a carrier, this must be advised to Altalena in writing in the absence of which Altalena will choose a carrier.

9.5 If Altalena does not receive sufficient delivery instructions to dispatch the Goods or if the Goods are not collected within fourteen (14) days of you being notified that the Goods are ready for delivery, you will, from the fifteenth (15) day after notification:
a) be deemed to have taken delivery of the Goods; and
b) assume risk in the Goods; and
c) be liable for a storage charge of twenty-five (25) dollars per week/m³ or part thereof, payable monthly on demand.

9.6 If Altalena is prevented from or hindered in delivering the Goods, or any part of it, due to a Force Majeure Event, the delivery time shall be extended until the cause of the prevention or hindrance has ceased.

10. Transfer of Title and Risk

10.1 The risk of loss or damage to the Goods passes to you:
a) on the date and at the time that the Goods are delivered to you; and
b) delivery to the carrier constitutes delivery.

10.2 You must insure the Goods on or before delivery. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to you, Altalena is entitled to receive all insurance proceeds payable for the Goods. The production of these Conditions by Altalena is sufficient evidence of Altalena’s rights to receive the insurance proceeds without the need for any person dealing with Altalena to make further enquiries.

10.3 Should you claim that the Goods were not delivered, the burden of proof rests with you.

10.4 Ownership retention. The title to the Goods is transferred to you once Altalena has received payment in full for the Goods. Until such payment has been received in full and the title has passed to you, it is agreed that:
a) you are only a bailee of the Goods and must return the Goods to Altalena on request;
b) you store the Goods separately from all other-goods held by you, ensuring they remain clearly identifiable as Altalena’s property;
c) you don’t remove, deface, or obscure any identifying mark or packaging on or relating to the Goods;
d) you maintain the Goods in satisfactory condition, keeping them insured against all risks for their full price from the delivery date;
e) you hold the benefit of your insurance of the Goods on trust for Altalena and must pay to Altalena the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
f) you must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If you sell, dispose or part with possession of the Goods then you must hold the proceeds of any such act on trust for Altalena and must pay or deliver the proceeds to Altalena on demand.
g) you should not convert or process the Goods or intermix them with other-goods but if you do so then you hold the resulting product on trust for the benefit of Altalena and must sell, dispose of or return the resulting product to Altalena as it so directs.
h) you irrevocably authorise Altalena to enter any premises where Altalena believes the Goods are kept and recover possession of the Goods.
i) you shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Altalena.
j) Altalena may commence proceedings to recover the price of the Goods sold notwithstanding that ownership of the Goods has not passed to you.

11. Cancellation and Breach

11.1 You cannot cancel any order without Altalena’s written consent, regardless of whether Altalena has informed you of Altalena’s acceptance of that order.

11.2 In the event of a unilateral breach of the Contract by you, or if the Contract is cancelled due to your fault, Altalena is entitled to compensation for any and all losses incurred, whether direct or indirect, including, but not limited to any loss of profits.
If the Goods have already been shipped from the overseas warehouse, or already been manufactured, or if production has commenced, Altalena is entitled to claim the purchase price and demand cash payment for those Goods.

11.3 Altalena may cancel any Contract to which these Conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to you. On giving such notice Altalena shall repay to you any money paid by you for the Goods. Altalena shall not be liable for any loss or damage whatsoever arising from such cancellation.

12. Force Majeure

Neither party will be liable for any default or delay in meeting its obligations (excluding payment obligations) due to Acts of God, pandemics, floods, fires, explosions, strikes, riots, acts of terrorism, changes in political control, civil or international wars, invasions, refusals by governments to grant import or export licences or their cancellations, inability to obtain raw materials, components, or parts due to Force Majeure, or any contingencies from suppliers of goods and services, or any other events beyond the reasonable control of either party.

13. Export Control, National and International Sanctions

13.1 The Goods sold under the Contract may be subject to national or international export control laws, sanctions and restrictions imposed by the United Nations, European Union, EU001 specific countries, the United Kingdom and the United States, or any other applicable country or authority.

13.2 You must not use, export, re-export, transfer, sell, or supply any Goods in a manner that would violate or otherwise be inconsistent with any export control or sanctions regulations, including but not limited to those adopted by the United Nations, European Union, EU001 specific countries, the United Kingdom and the United States, or any other applicable country or authority.

13.3 You are responsible for obtaining any required export licenses, authorisations, or approvals necessary for using, exporting, re-exporting, transferring, selling, or supplying the Goods, including any associated technologies or services.

13.4 You agree not to export, re-export, transfer, sell, or supply the Goods to any third party without ensuring that such third party complies with all applicable export control laws and regulations. You shall indemnify and hold Altalena harmless for any and all damages and costs resulting from non-compliance with this Section.

14. Anti-Corruption

14.1 You agree to comply with the Anti-Corruption Law and must not commit any act or omission which causes or would cause you or Altalena to breach, or commit an offence under, any Anti-Corruption Laws.

14.2 You warrant and represent that you have not been convicted of any offence, and have not been the subject of any investigation or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence under Anti-Corruption Laws.

14.3 You must, to the extent permitted by law, promptly notify Altalena in writing if you become aware at any time during the term of any Contract, that any of the representations or warranties in clause 14.2 are or might reasonably be expected to be, no longer correct.

14.4 For the purpose of clause 14, “Anti-Corruption Law” means any law prohibiting or relating to bribery, corruption, kickbacks, secret commissions or money laundering, including without limitation, the Criminal Code Act 1995 (Commonwealth) and any anti-corruption regulations and provisions applicable in any other locations.

15. Warranty

15.1 Unless stated otherwise in writing, Altalena warrants that the Goods sold under the Contract will conform, at the time of delivery to you, to the specifications detailed in Altalena’s quote, proforma, order confirmation, or invoice; and provides this warranty for a period of twelve (12) months from the date of delivery. Any Goods identified as defective within this period will be repaired, replaced, or refunded at Altalena’s discretion.

15.2 Due to the extreme conditions and usage associated with rental, commercial, and military equipment, all Consumer warranty conditions are exempt. Altalena retains the unconditional discretion to apply any warranty to equipment purchased for rental, commercial, or military use.

15.3 Altalena makes no warranties and voids any guarantees:
a) if the manufacturer batch identification or serial number has been removed from the Goods;
b) for electro-galvanic oxygen sensors sourced for you, on your behalf and at your own risk due to uncertain handling after delivery;
c) for any Goods obtained internationally, or domestically from a third party outside of Altalena’s distribution channels.

15.4 Altalena makes no representation regarding the suitability for use or fitness for a particular purpose and does not accept any responsibility for accidental damage to persons or property. You shall bear the responsibility for ensuring that the Goods ordered are suitable for their intended use. Altalena shall not be liable for any contingent, consequential, direct, indirect, or punitive damages arising in relation to the ownership or use of the Goods, and you acknowledge this express limit of liability and agree to restrict any claims accordingly.

15.5 Any advice, recommendation, information, assistance or service provided by Altalena in relation to the Goods supplied is given in good faith, is based on Altalena’s own knowledge and experience and shall be accepted without liability on the part of Altalena. It shall be your responsibility to confirm the accuracy and reliability of the same in light of the use to which you make or intend to make of the Goods.

15.6 Where Altalena gives advice or recommendations to you, with specific instructions regarding the use of the Goods and such advice or recommendations are not acted upon, then Altalena shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent purchase of the Goods.

15.7 Notwithstanding clauses 15.1 to 15.6 but subject to the ACL, Altalena shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
a) fair wear and tear, any accident, or act of God;
b) neglect, or the failure to properly maintain or store any Goods;
c) misuse, or use of the Goods for any purpose other than for which they were designed;
d) continuing the use of the Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
e) failing to adhere to the manufacturer’s instructions;
f) failing to adhere to any instructions or guidelines provided by Altalena;
g) Goods improperly installed by you;
h) Goods rendered defective due to repairs or alterations outside of Altalena’s plant, unless performed under Altalena’s specific authority;
i) goods supplied, furnished or solicited by you or acquired from others at your request or specifications.

16. Claims

16.1 Any claim by you as to breach of the Conditions must be made to Altalena in writing within seven (7) days of delivery, for which time is of the essence, except in the case of a claim involving a Consumer alleging a breach of the guarantees under the Australian Consumer Law.

16.2 To the extent permitted by law, Altalena’s liability for any claims shall be limited to the price of the Goods in relation to which the claim is made.

16.3 If you do not notify Altalena of any claim within seven (7) days of delivery in accordance with clause 16.1, the Goods are deemed accepted by you in compliance with the Contract.

16.4 If you are a Consumer, the provisions of this clause 16.4 apply:
a) Altalena’s liability is limited to the extent permitted by the Competition and Consumer Act 2010, section 64A of Schedule 2 – 64A Limitation of liability for failures to comply with guarantees.
b) The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage in accordance with the Australian Consumer Law. You are entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
c) If you believe the Goods do not comply with the statutory guarantees, you must contact Altalena to make arrangements for the return of the Goods. Any returned Goods must be accompanied by proof of purchase. If Altalena agrees that the Goods do not comply with the statutory guarantee, Altalena will refund the costs of returning the Goods and, in all other respects, act in accordance with its obligations under the Australian Consumer Law.
d) Written notice of any breach of the above warranties must be submitted by you to Altalena within the twelve (12) months warranty period. The validity of a warranty will be assessed at Altalena’s absolute discretion.

16.5 If you are not a Consumer, the provisions of this clause 16.5 apply:
16.5.1 Altalena’s liability for breach of a non-excludable condition or warranty is limited at Altalena’s option, to any one of the following:
a) the replacement of the Goods or the supply of equivalent Goods;
b) the repair of the Goods;
16.5.2 Altalena is not liable to you:
a) for any loss, cost, damage or expense to the extent that it is for indirect, special, economic or consequential loss, where consequential loss means any loss, cost, damage or expense beyond the normal measure and beyond that which every plaintiff in a like situation would suffer; and
b) for any loss of revenue, business or profits of any nature whatsoever, loss of expected savings, loss of chance or business opportunity, business interruption, loss or reduction of goodwill or damage to reputation or any loss of value of intellectual property.

16.6 You must indemnify Altalena for any loss, cost, damage or expense suffered by Altalena arising from or in connection with:
a) any breach of Contract or negligence by you;
b) any breach of law by you;
c) the death or injury to any person or damage to any property arising from the performance by you of your obligations under any Contract; and
d) any failure to install the Goods in accordance with their applicable installation instructions and manuals provided with the Goods or to operate the Goods in accordance with their applicable operation instructions and manuals provided with the Goods or in connection with your negligence or the negligence of any third party, including in relation to the installation or operation of the Goods.

17. Returns

17.1 Special orders or Goods made to your specifications cannot be returned for credit.

17.2 Minor variations in colour and/or print shall not be grounds for refusing to accept the Goods in question or for requesting a price reduction.

17.3 You may only return Goods with the prior written approval of Altalena and the Return Authorisation Form (“RA”) issued by Altalena.
a) a Return Authorisation must be obtained from Altalena prior to the return of any Goods. Altalena may refuse to issue an RA or accept the return of any Goods; and
b) returned Goods without proper authorisation will be rejected; and
c) you must provide the invoice number and date of purchase before an RA will be issued, and
d) the RA number must be clearly marked on the packaging of Goods returned to Altalena. Failure to comply with this requirement could result in Altalena refusing to accept delivery of the returned Goods.

17.4 All authorised Goods returns and pre-approved by Altalena must:
a) be accompanied by: i) the Altalena Return Authorisation Form; and ii) a copy of your receipt or proof of purchase; and
b) be returned by the carrier specified by Altalena; and
c) be shipped at your expense, under the terms of delivery: FCA, with the place of terms of delivery: Somersby, NSW.

17.5 If you are returning non-defective Goods;
17.5.1 Altalena may, at its sole discretion, accept non-defective Goods for return. In this case, Altalena requires you to pay a restocking fee of twenty percent (20%) of the value of the returned Goods, plus any freight charges; and
17.5.2 Goods accepted for return by Altalena must be returned within fourteen days (14) from the date of delivery provided they are new and unused and returned in their original condition and in the original packaging; and
17.5.3 upon receiving the returned Goods, Altalena will assess the condition.
17.5.4 Unacceptable returns:
a) all special orders;
b) any Goods that are manufactured as made-to-order (“MTO”);
c) any Goods that are manufactured as made-to-measure (“MTM”);
d) any Goods manufactured to your specifications;
e) electro-galvanic oxygen sensors sourced for you, on your behalf and at your own risk due to uncertain handling after delivery;
f) soiled or used Goods.

17.6 If you are a Consumer and returning Goods that you believe breach the guarantees under the ACL or the Contract;
17.6.1 you must provide:
a) a copy of the return shipping receipt; and
b) a separate high-resolution photograph of each issue; and
c) a detailed description of each issue; and
d) the product code and serial number, if any.
17.6.2 Notwithstanding anything contained in clause 17, if Altalena is required by a law to accept a return, then Altalena will only accept a return on the conditions imposed by that law.
17.6.3 Upon receiving the Goods, Altalena’s warranty department will assess the Goods and will provide an acceptance or rejection of your warranty claim.

17.7 If you are not a Consumer and returning Goods that you believe breach the Contract;
17.7.1 You must provide:
a) a copy of the return shipping receipt, and
b) a separate high-resolution photograph of each issue; and
c) a detailed description of each issue; and
d) the product code and serial number, if any.
17.7.2 Upon receiving the Goods, Altalena’s warranty department will assess the Goods and will provide an acceptance or rejection of your warranty claim.

18. Privacy

18.1 Altalena’s Privacy Policy, available on Altalena’s website or upon request to Altalena, forms part of each Contract.

18.2 In addition to clause 18.1, if you complete the Application for a credit account,

18.3 You acknowledge and agree that Altalena may collect personal information and credit information about you and your directors, officers, partners and the Guarantors (each a “Relevant Party”).

18.4 You warrant to Altalena that you have obtained the consent of each of the Relevant Parties to the collection, use and disclosure of their personal information and credit information by Altalena in accordance with clause 18.

18.5 You agree for Altalena to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about you in relation to credit provided by Altalena.

18.6 You agree that Altalena may exchange information about you with those credit providers and with related body corporates for the following purposes:
a) to assess an application by you; and/or
b) to notify other credit providers of a default by you; and/or
c) to exchange information with other credit providers as to the status of this credit account, where you are in default with other credit providers; and/or
d) to assess your creditworthiness including your repayment history in the preceding two years.

18.7 You consent to Altalena being given a consumer credit report to collect overdue payment on commercial credit.

18.8 You agree that personal credit information provided may be used and retained by Altalena for the following purposes (and for other agreed purposes or required by):
a) the provision of Goods; and/or
b) analysing, verifying and/or checking your credit, payment and/or status in relation to the provision of Goods; and/or
c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by you; and/or
d) enabling the collection of amounts outstanding in relation to the Goods.

18.9 Altalena may give information about you to a CRB for the following purposes:
a) to obtain a consumer credit report;
b) allow the CRB to create or maintain a credit information file about you including credit history.

18.10 The information given to the CRB may include:
a) personal information as outlined in clause 18.5;
b) name of the credit provider and that Altalena is a current credit provider to you;
c) whether the credit provider is a licensee;
d) type of consumer credit;
e) details concerning your application for credit (e.g. date of commencement/termination of the credit account and the amount requested);
f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that you no longer have any overdue accounts and Altalena has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
g) information that, in the opinion of Altalena, you have committed a serious credit infringement;
h) advice that the amount of your overdue payment is equal to or more than one hundred and fifty (150) dollars.

18.11 You shall have the right to request by e-mail from Altalena:
a) a copy of the information about you retained by Altalena and the right to request that Altalena correct any incorrect information; and
b) that Altalena does not disclose any personal information about you for the purpose of direct marketing.

18.12 Altalena will destroy personal information upon your request by e-mail or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

18.13 You can make a privacy complaint by contacting Altalena by e-mail. Altalena will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that you are not satisfied with the resolution provided, you can make a complaint to the Information Commissioner at www.oaic.gov.au.

19. Personal Property Securities Act 2009 (“PPSA”)

Where a credit account has been approved, you grant and Altalena may register on the Personal Property Securities Register, a security interest in all and any sale of Goods under this agreement.
You warrant that all purchases under the credit account are for commercial purposes only and, the provisions of the National Credit Code will not apply. You and Altalena agree to contract-out of the PPSA in accordance with section 115 of the PPSA to the extent that the section applies for the benefit of, and does not impose a burden on, Altalena. You waive your right to receive a copy of any Financing Statement or any Financing Change Statement registered by Altalena in respect of the security interest created by these Conditions.
You agree to execute any documents, provide all relevant information and co-operate fully with Altalena to ensure that Altalena has a perfected security interest in the personal property charged and, if applicable, a Purchase Money Security Interest (PMSI).
You agree to notify Altalena of any change in your structure or management including any sale or disposition of any part of your business, any change in directorships, shareholders or management or change in partnership or trusteeship seven (7) days prior to any such change taking effect.
You agree that, until all monies owing to Altalena are paid in full, you shall not sell or grant any other security interest in the collateral.
Altalena reserves the right to vary these Conditions.

20. Law and Jurisdiction

Each Contract shall be governed by the laws of New South Wales in which Altalena has its principal place of business, and are subject to the jurisdiction of the Gosford Courts in New South Wales.