Tubular Motors




11.1 Our 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 for compensation for any other reasonably foreseeable loss or damage. You are also 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. However where the Buyer or a purchaser is not a “consumer” within the meaning of the Australian Consumer Law, the guarantees referred to in this clause 11.1 do not apply.

11.2 In addition to any rights and remedies that a purchaser of Goods may have under the Australian Consumer Law or any other law, subject to any express warranty or exception in this Agreement, TUBE warrants that the Goods will be free from defects in materials and workmanship under normal and proper use for a period of 5 years from the date of manufacture or, if this date is not ascertainable, 5 years from the date of invoice to the Buyer.

11.3 The warranty period in clause 11.2 will be 3 years if the Goods are motors, controls and accessories used for residential garage doors.

11.4 The Buyer is responsible for all installation, reinstallation and freight costs in connection with any repair or replacement of Goods that do not comply with the warranty in clauses 11.1 and 11.2.

11.5 The warranty in clause 11.2 does not apply: (1) if usage, selection, adaptation, installation, operation or wiring of the Goods or any electrical connections are not in accordance with TUBE’s written selection guides, installation, operating instructions, professional standards and wiring diagrams; (2) if the Goods have been opened, dismantled or returned with clear evidence of abuse, negligent use or other damage; (3) if the Goods have been used to perform functions other than those specified in TUBE’s catalogues and selection guides or any other functions as notified in writing by TUBE from time to time; (4) if the Goods are used with any inappropriate products, software or other goods that have not been approved in writing by TUBE; (5) to unauthorised maintenance or modifications to the Goods; (6) any damage to the Goods caused by an external source regardless of its nature (including penetration by liquid); (7) to the extent that TUBE specifically notifies the Buyer that it does not apply; or (8) to batteries or other consumables.

11.6 In order to claim under the warranty in clauses 11.1 and 11.2 a purchaser of Goods resold by the Buyer must: (1) Contact TUBE at the address below within the warranty period; or (2) Contact the supplier within the warranty period; and (3) Provide the original proof of purchase. TUBE Tubular Motors, Unit 20, 38-46 South Street, Rydalmere NSW 2116 Ph +61 2 8845 7200