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DEFINITIONS

“Alevo” means Alevo Pty Ltd (ABN 62 128 165 971). Unit 3, 20 – 28 Ricketty Street, Mascot NSW 2020, Australia.

“Alevo Website” means www.alevo.com.au;

“Business Day” means any day except a Saturday, Sunday or public holiday in Victoria;

“Customer” or “You” means the party purchasing the Products and/or services, the subject of a quotation or offer made by Alevo;

“Intellectual Property” means all industrial and intellectual property rights whether created now or in the future, whether recognised in Australia or overseas, whether or not registered or capable of being registered and includes (without limitation) the rights in patents, knowhow, copyright, designs, trademarks, trade secrets, business or company names or other proprietary rights.

“Product” means the physical products produced or sold by Alevo specifically to you;

“Product Page” means the webpage available on Alevo Website which details the Product available for purchase by you; 

“Offer” means a request, communicated by any means to you by Alevo for the manufacture of physical products or provision of services within the capability of Alevo to provide.

INTERPRETATION

In this Agreement unless the context requires otherwise: 

  1. headings are for convenience only and do not affect interpretation of this Agreement;
  2. the singular includes the plural, and vice versa;
  3. a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
  4. a reference to a statute, regulation, proclamation, ordinance or bylaw includes all statutes, regulations, proclamations, ordinances or bylaws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances or bylaws issued under that statute;
  5. a reference to a right or obligation of any two or more people comprising a single party confers that right, or imposes that obligation, as the case may be, on each of them severally and each two or more of them jointly. A reference to that party is a reference to each of those people separately (so that, for example, a representation or warranty by that party is given by each of them separately); and
  6. no provision of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the provision of this Agreement or that provision.

SCOPE

      1. These terms and conditions (the “Terms”) supersede all previous terms and conditions of sale imposed by Alevo.
      2. Each order will constitute an offer by you to acquire Products and services upon and subject to these Terms.

PRICES, QUOTATIONS AND ORDERS

      1. Product prices are set by Alevo’s price list, which is subject to change without notice. The price payable by you are the price in effect at the time of order or as quoted by Alevo prior to your order. 
      2. Quotations given and orders accepted are subject to the following conditions:
        1. Quotations are valid for a maximum of 30 days.
        2. No binding contract shall exist until Alevo has accepted your order.
        3. Any alteration in quantity, sizes, specification or delivery after acceptance of the order, may result in a price variation.
        4. Subsequent orders for identical Products may be subject to a new quote.
      3. The Products illustrated on the Alevo Website will substantially comply with the specification information available on the Product Page. 
      4. Different computer displays may make colours appear differently, and therefore Alevo accepts no responsibility for any colour discrepancies. No exchange or refund is available if you are dissatisfied with the Product colour.

DEPOSIT

Unless otherwise stipulated, non-account Customers must pay a minimum 50% deposit to confirm their order.

ORDER SETTLEMENT

      1. When the order is manufactured and ready for dispatch, payment of the full balance is due.
      2. For account Customers, the order is invoiced when it is manufactured and ready for dispatch. 
      3. Payment is due within 30 days of the date of invoice regardless of whether you have accepted delivery of the Product.

REQUESTED DELIVERY DATE

You may include a requested delivery date when making an Order. Alevo is unable to guarantee the delivery date but will use its best endeavours to meet any delivery date requested by you.

DELIVERY INFORMATION

      1. A courier service is available for delivering Alevo Products.
      2. The delivery service provider’s standard delivery times are generally between 9 am and 5 pm Monday to Friday, excluding public holidays.
      3. Alevo cannot provide an estimated delivery time – if you are not home to accept your delivery and have not offered an authority to leave – the courier will leave a delivery attempt note, and re-delivery charges may apply.
      4. Alevo sends smaller parcels via Australia Post, however, Alevo reserves the right to use an alternative shipping provider of our choice. 
      5. The delivery service provider may impose additional terms and conditions on their delivery, and it is your responsibility to review and comply with such additional terms.
      6. Delivery delays may occur around Christmas, Easter, and public holidays.

BULKY PRODUCTS

    1. Standard Delivery
      1. Our dispatch department will contact you on the day of dispatch with all the information you need to track your order, including the freight company’s contact details and the consignment note number. Alevo will request that the transport company calls you before delivery.
      2. The standard delivery service is one-person delivery to the kerbside of your nominated street address. This does not include unpacking, delivery to a room within your premises, or removal of packing materials.
      3. Alevo is not liable for any damage that occurs to the Product, to you, any other person assisting you, or your property during the delivery, even if the delivery driver voluntarily offers to help place the table in the desired location and helps you unpack it. 
      4. Where you select a particular shipping provider, Alevo will make reasonable efforts to use your chosen shipping provider. If this is not possible, Alevo will provide an equivalent service. 
    2. Premium Delivery
      1. A premium delivery service is available for bulky Products and includes delivering the Products, unpacking and positioning the Products in your premises and the removal of all packaging materials.
      2. Alevo will arrange suitable and convenient delivery times for both parties before delivery.
      3. The premium delivery service is only available to selected Australian locations. Premium delivery is not available for international deliveries.
      4. If there are any additional fees associated with the delivery of your Product, you are responsible for paying these fees. Additional fees may be due to impediments at the delivery address that were not advised prior to the delivery quote being provided. Examples of such delivery impediments may include: parking, stairs, narrow entrances, low ceilings, or areas where delivery of Products becomes difficult.

ONLINE ORDERS

For Products that Alevo holds in stock, Alevo uses best endeavours to dispatch orders within two Business Days but cannot guarantee dispatch within this timeframe. For Products that are listed as ‘manufactured to order’, please refer to the Product Page for the manufacturing lead-time. 

COLLECTION 

      1. You may choose to arrange collection of your order, this may be through collecting your order personally, electing an agent to collect on your behalf, or choosing your own freight company to collect your order. Your order may be collected from our factory in Ballarat, Victoria or any of our showrooms, subject to stock availability.
      2. Freight charges may apply if you wish for stock to be transferred between any of our showrooms or factory/workshop locations so that you can arrange your collection.
      3. If your order is ready for pick-up or ready for dispatch, Alevo will let you know that your order is ready using the contact method(s) you have provided when making the order. Alevo takes no responsibility for errors in the contact details you provided.

STORAGE FEES

      1. Alevo may charge storage at the rate of $10 per pallet per month. Storage fees for electric tables will be charged at $20 per table per month. Please note that Alevo may vary the storage fees from time to time.
      2. If you have not paid for your order in full by the time the order is ready for pick up or dispatch, storage charges will begin to accrue from the date the Products were ready for collection or dispatch.
      3. If Products are not collected within 12 weeks, Alevo may cancel your order or allocate the Products to another customer and reorder or manufacture new Products for your order. If Alevo cancels your order and are unable to allocate the Products to another customer, Alevo may charge you a restocking fee.
      4. If storage fees are applicable to your order, you will be required to pay these when you collect your purchase or arrange for delivery. Your order will only be released for collection after all applicable storage fees are paid. 

DEFERRED DELIVERY DATE 

      1. You may request to defer delivery of your order. Such a request must be made in writing and no less than 40 days before the originally requested or advised delivery date. Alevo will reschedule manufacture of the order to meet your deferred delivery date, however Alevo is unable to guarantee any deferred delivery date.
      2. Alevo has the right to reject any deferred delivery date.
      3. If you elect to defer the pick-up date, the following will apply:
        1. All paid orders will be held for a maximum of 30 days without charge. 
        2. After 30 days, storage charges apply.

INSURANCE

      1. All Products are insured for loss or damage during transit, only when delivery is arranged by Alevo.
      2. After the order has been delivered, Alevo shall not be liable on any basis whatsoever for any loss or damage to the Products; this includes damage you cause whilst unpacking your order.

PROBLEM WITH AN ORDER

      1. Damaged Products
        1. You are responsible for examining the Products upon delivery, taking photos of any damage and marking the consignment note with any damage prior to signing it. 
        2. If the delivery person is unable to wait or if you do not have time to examine the Products, you should mark the consignment note ‘SUBJECT TO CHECK’ before signing it.
        3. All damage claims must be reported to Alevo as soon as you become aware of the damage and, in any event, no later than 7 days after the date of delivery.
      2. Discrepancies in Delivery
        1. Discrepancies between Products received and Products invoiced should be notified to Alevo as soon as you become aware of the discrepancies and, in any event, no later than 7 days after the date of delivery.
        2. Alevo reserves the right to refuse claims made more than 7 days-after delivery.
        3. If you receive a faulty Product, notify Alevo immediately and Alevo will arrange for the return of the Product.

MANUFACTURED ORDERS

Manufacturing lead-time is subject to change. Alevo will notify you if the manufacturing lead-time changes for an order that has already been placed.

CHANGING YOUR ORDER

    1. Alevo manufactures many Products to order in Australia. Once specialty components or raw materials are ordered, or if manufacture has commenced, you may not be entitled to a refund upon cancellation or amendment of your order.
    2. Alevo starts to process orders as soon as they are received. If you wish to change your order, you must contact Alevo customer service as quickly as possible. 
    3. Alevo has full discretion to accept or reject changes requested by you. 
    4. Changing an order may incur additional charges.

RETURN AND REFUND POLICY

      1. You must inspect the Products immediately following delivery or completion and subject to the provisions of the Competition and Consumer Act 2010 (Cth) or any applicable consumer law, any return or refund requests must be received within 7 days of such delivery or completion.
      2. If you fail to make a claim, then to the extent permitted by law, the Products are deemed to have been accepted by you and must be paid for in accordance with these Terms.
      3. For refund or exchange of online orders, please contact Alevo customer service to submit a refund or exchange request form. If your refund or exchange request is approved, Alevo customer service will provide you with instructions on how to return the eligible Products. 
      4. For refunds, once Alevo has inspected the returned Product and is satisfied with your claim, Alevo will process a refund to your credit card or the original payment method within 7 Business Days. For exchanges, once Alevo have inspected the returned Product and are satisfied with your claim, Alevo will dispatch the new Product to you once it is in stock. 
      5. Please note that Alevo is not a standard retailer/manufacturer. For change of mind refund of Non-Standard Products, please contact Alevo customer service and your request will be assessed on case-by-case basis.
      6. All returned Products must be in new and saleable condition, in the original packaging and all accessories and documentation are to be included.  
      7. All returned Product must be unused and free of damage. If the returned Product has, as a result of your handling of the Product, been damaged, has missing part(s) or is in an unsaleable condition, Alevo reserves the right to refuse to refund or exchange the product.
      8. Alevo will be responsible for shipping fees in relation to the return of a faulty or damaged Product. You are responsible for shipping fees in relation to change of mind returns. Please note that original shipping fees for change of mind returns will not be refunded. 
      9. Alevo reserves the right to charge an administration and/or restocking fee to cover reasonable refund or order cancellation costs, unless the Product is found to be faulty or damaged.

OUT OF STOCK PRODUCTS

      1. Alevo uses best endeavours to ensure that the Products which are not listed as ‘manufactured to order’ on the Alevo Website are in stock. Despite these efforts, occasionally products may be out of stock. 
      2. If Alevo cannot supply a Product within the lead time identified on the Product Page, Alevo will contact you to advise of the expected delivery date. If this is not suitable for you, you may choose to cancel your order and Alevo will refund any payments already made. 

CUSTOM ORDERS AND NON-STANDARD PRODUCTS

      1. Where you advise Alevo of any custom or non-standard requirements, Alevo will use best efforts to ensure that your custom or non-standard requirements are met and that you are satisfied with the Products purchased.
      2. Alevo reserves the right to refuse to accept Products that are ordered with custom requirements, modifications or that include options not listed on Alevo’s standard price lists (“Non-Standard Products”) for refund or exchange.
      3. Payment may be required in full before Alevo begins manufacture of Non-Standard Products. Alevo will have full discretion to determine whether a Product is a Non-Standard Product.
      4. Alterations to a Product requested by you after manufacture or supply may incur additional charges.
      5. Warranty claims for Non-Standard Products will be assessed on case-by-case basis by Alevo management. If Alevo determines that the warranty claim is directly related to the modification requested by you, Alevo reserves the right to refuse any claim under the Alevo Warranty.
      6. Alevo will produce a Product customisation form and drawing which must be signed by you before an order for a Non-Standard Product will be processed. 
      7. Alevo will charge a fee to produce drawings for any Non-Standard Products. This drawing fee is payable even if you choose not to proceed with an order for the Non-Standard Product does not proceed to manufacture.

RESPONSIBILITY FOR DESIGN / FIT FOR PURPOSE

      1. You accept that Alevo shall have no responsibility for any designs or modifications submitted by you to Alevo for manufacture.
      2. You acknowledge that it is your sole responsibility to ensure Products are suitable for the purpose as required by you.

INTELLECTUAL PROPERTY RIGHTS

      1. All Intellectual Property rights in or arising out of or in connection with the Products, including Non-Standard Products, are owned by Alevo. 
      2. Unless otherwise agreed by Alevo in writing, all tools, dies, jigs, patterns, and other Products made by or for Alevo to execute your orders shall remain the property of Alevo. 

INTERNATIONAL ORDERS

      1. You acknowledge that the Product price is Ex-Works (Incoterms 2020) and do not include delivery, import duties, taxes and charges or insurance. These charges are your responsibility regardless of whether Alevo has provided a quote for international delivery, or you have arranged for the collection of your order from an Alevo warehouse. 
      2. It is your responsibility to determine any customs requirements for international deliveries and notify these to Alevo prior to dispatch of the order. Any additional costs incurred by Alevo respect of compliance with your advised customs requirements may result in additional charges to you. Alevo assumes no liability for any delivery delays due to incorrect or incomplete customs requirements. 
      3. It is your responsibility to arrange suitable insurance for international shipping as Alevo will not be responsible for any loss or damage to Products in transit, however caused, once the Products have left Alevo’s warehouse.

WARRANTIES

      1. Current warranty information for specific Products is available on the Alevo Website and is also supplied in the product warranty document upon delivery. 
      2. Alevo warrants that Products manufactured by Alevo and supplied under these Terms shall be free from inferior quality or material and conform to such written specifications that Alevo has provided (the “Alevo Warranty”).
      3. It is a term of the Alevo Warranty that you must inspect the Products upon receipt and notify Alevo of any claim as soon as possible and in any event within 7 days of receipt of the Products that the Products have been defectively manufactured or processed. Alevo may require you to return the Products for examination by Alevo at your expense.
      4. Any tampering with, or improper treatment of the Products by you will void the Alevo Warranty.
      5. Equipment or materials not manufactured by Alevo may only be covered by a warranty provided by the manufacturer (the “Manufacturer’s Warranty”). Such Manufacturer’s Warranty may be subject to additional terms and conditions, and it is your responsibility to review any such terms. Where possible, Alevo will assign, to the fullest extent, the Manufacturer’s Warranty to you.  
      6. Where Products are sold for use in combination with other equipment or materials, the Alevo Warranty is limited to the Product alone and not to any combination with other equipment.
      7. The Alevo Warranty is only available for Australian purchases and does not apply to international orders. For warranties for all international orders, please contact Alevo at [email protected].

LIMITATION OF LIABILITY

    1. Except as expressly provided in these Terms, Alevo excludes all liability (including warranties, conditions, undertakings or representations, express or implied by law) to the fullest extent permitted by law. If the law does not permit the exclusion of Alevo’s liability then, provided the law permits, the liability of Alevo is limited to repair or replacement of any defective Products or payment of the cost of repair or replacement.
    2. Once Alevo has replaced defective Products or paid the cost of them, title to the defective Products returned to Alevo passes to Alevo.
    3. Alevo will accept no claim for labour or other expenditure incurred by you, except to the extent required by law. Alevo shall not be liable for any consequential or indirect loss or damages suffered by you, howsoever caused, even if related to the supply of defective or non-conforming Products.
    4. Where you acquire Products and/or services as a ‘consumer’ within section 3 of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law”) these provisions do not, and no provision of these Terms exclude, restrict or modify or have the effect of excluding, restricting or modifying:
      1. the application of any provision of Australian Consumer Law in relation to the supply of Products and/or services;
      2. the exercise of a right conferred by such provision, or
      3. liability of Alevo for breach of condition or warranty implied by such a provision.
    5. Where the Australian Consumer Law applies, the following is an additional term of these Terms as required by law:
Our Products and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to choose a refund or replacement for major failures with Products.  For major failures with services, you are entitled:

  1. to cancel your service contract with us; and
  2. to a refund for the unused portion, or to compensation for its reduced value.

If a failure with the Products or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Products and to cancel the contract for the service and obtain a refund of any unused portion.  You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Products or service.

RETENTION OF TITLE

The ownership of Products delivered by Alevo is only transferred to you when all sums owing to Alevo are paid.

PERSONAL PROPERTY SECURITIES REGISTER

      1. Any defined terms used in this section but not defined in these Terms will have the meaning given to them in the Personal Property Securities Act 2009 (Cth) (‘PPSA’).
      2. You assume all risk of loss and damage to the Products upon Dispatch of the Products to you.
      3. Legal and beneficial ownership in the Products will not pass to you until you have paid in full the price for those Products. You acknowledge that this constitutes a Security Agreement for the purposes of the PPSA and that a Security Interest exists in all Products supplied to you (and their proceeds). 
      4. Until all outstanding monies have been paid to Alevo for the Products delivered to you:
        1. You must separately store those Products in such a way that makes it clear that they are the property of Alevo;
        2. in the event you default on your payment obligations under these Terms, Alevo or its representatives will be entitled, without the necessity of giving any notice, to exercise the rights contained in section 123 of the PPSA to enter premises occupied by you to search for and remove any of those Products without in any way being liable to you, and may dispose of or retain such Products as Alevo sees fit. If the Products or any of them are wholly or partially attached to or incorporated in any other Products, Alevo may (when practical) disconnect them in any way necessary to remove the Products; and 
        3. all costs and expenses incurred by Alevo as a result of taking action in accordance with section 27.4(b), together with transportation and storage charges, must be paid by you to Alevo on demand. 
      5. Until title to the Products passes to you, you acknowledge and agree:
        1. that the Products supplied and not resold are held by it as bailee for Alevo;
        2. that any resale of the Products must only be made on the condition the purchaser is expressly made aware of the existence of Alevo rights under this section 27;
        3. if the Products have been resold by you, that you will hold the proceeds of sale on trust for Alevo immediately when they are receivable or received;
        4. when the proceeds held in trust for Alevo under section 27.5(c) are received they must either be paid immediately to Alevo or held in a separate bank account as trustee for Alevo and they must not be used by you in any other way. 
      6. These Terms creates a purchase money Security Interest (“PMSI”) in the Products, any goods in which the Products are used as a component, and all proceeds from their respective resale by you. The Security Interest is granted to secure proper performance of these Terms by you.
      7. For the avoidance of doubt, you acknowledge and agree that it grants to Alevo a Security Interest in all Products supplied by Alevo to you whether now or in the future and in any proceeds from the sale of those Products.
      8. The parties agree that pursuant to sections 115(1) and 115(7) of the PPSA the following sections of the PPSA will not apply to these Terms (to the extent permitted by law): sections 95, 96, 117, 118, 121(4) 125, 127 129, 130, 132, 134(2) 135, 136(3), 136(4), 136(5), 137, 142 and 143.
      9. For the purposes of section 14(6) of the PPSA the parties agree that any payments received by Alevo from you pursuant to or in any way connected with these Terms will be applied in such order as Alevo deems fit in its absolute discretion.
      10. You consent and agree that:
        1. it must sign all documents and take all steps as Alevo may reasonably require in connection with the registration, perfection and enforcement of this PMSI; and
        2. all Products remain the property of Alevo until paid in full. These Terms and each invoice issued under these Terms constitute a Security Agreement for the purposes of the PPSA, and create a Security Interest in all previously supplied and future supply of Products by Alevo to you; and 
        3. the Security Interest(s) created by these Terms or any other document relating to the subject of these Terms may be registered with the relevant authority or public register; and
        4. Alevo is not obliged to give any notice or documents under the PPSA unless the relevant obligation cannot be excluded. You waive your right to be provided with verification statements pursuant to section 157 of the PPSA.
      11. It is not intended by Alevo or you that by supplying or accepting Products and/or services under this section 27, to create a charge or mortgage over any Products supplied.
      12. You agree to indemnify Alevo against all expenses, losses, and damages incurred or sustained by Alevo (including legal costs on a solicitor and own client basis) as a result of or in relation to the exercise by Alevo of its rights under these Terms.
      13. You authorise Alevo to search the Personal Property Securities Register at any time for any information about you.

SEVERANCE

Should any part of these Terms be held to be void or unlawful, these Terms shall be read and enforced as if the void or unlawful provisions had been deleted.

FORCE MAJEURE

      1. In the event of the manufacture or delivery of the Products being prevented, interrupted, or delayed by any cause whatsoever beyond the control of Alevo including, but not limited to, strikes, raw material shortages, accidents or breakdown of plant machinery or by a lockout by Alevo employees, Alevo shall have the option, without incurring liability to you, either to suspend delivery or at the discretion of Alevo, according to the nature and extent of such event, cancel the order.
      2. You shall not seek consequential contribution or reimbursement from Alevo in any of the circumstances described in this section.

TERMINATION OR CANCELLATION

    1. Alevo may modify these Terms at any time by posting a revised version on the Alevo Website. 
    2. Alevo reserves the right to cancel, at any time before delivery and for any reason, an order that it has previously accepted.
    3. Alevo reserves the right not to accept an order placed by you at any time for any reason. 
    4. Except to the extent otherwise required by law or as expressly set out in these Terms, Alevo will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation or non-acceptance of your order.

PRIVACY

Alevo collects, handles, and shares your personal information in accordance with our Privacy Policy. Please refer to our Privacy Policy that can be found here (Privacy Policy – Athlegen).

GOVERNING LAW

The contract shall be governed by the laws of the State of New South Wales and Australia and Alevo and you shall submit to the non-exclusive jurisdiction of the courts exercising State or Federal jurisdiction in that State.

PAYMENT METHODS

Alevo offers you several payment options. The payment method you choose may be subject to additional terms imposed by the payment provider. As soon as your order is paid in full, Alevo will process your order.

BUY NOW AND PAY LATER

    1. You can arrange finance from their preferred financial institution.
      Before Alevo issues you an invoice, Alevo will require your financial institution’s preferred invoice billing instructions and any specific details that need to be included on the invoice.
    2. Alevo offers two Buy Now Pay Later (“BNPL”) options to you : April and Zip Pay (each, a “BNPL Company”). Our BNPL options are only available for online orders. Please see our FAQs page for a summary of these options. Before choosing a BNPL option, you should review the terms of the BNPL Company on their website:
      1. April (formerly LimePay): April Terms and Conditions  
      2. Zip Pay: Zip Pay & Zip Money 

Please note that Zip Pay is only available for Products that are in stock or can be delivered within 14 days. 

  1. By choosing the BNPL option, you agree for Alevo to share your personal information with the BNPL Company in order to process your application. You also authorise Alevo and the BNPL Company to conduct credit checks as required. Please note that the BNPL option may appear on your credit report.