Skip to main content

Shipping & Returns, Warranty, Terms and Conditions

 Shipping Information:

 

Orders paid by 1:00PM during our business hours are usually shipped the same day. Orders that are placed during holidays, weekends and non-business hours will be shipped in the following business day.

Free delivery do not means door to door service unless provide an commercial address and company name when check out . Receiver may have to pick up from the local courier depots.

All orders with over $100 in value are shipped with tracking and insurance prepaid for your peace of mind. A tracking number will be forwarded to you after your order is shipped. In the unlikely event that you don't receive a tracking number within 2 business days, please contact us.

Orders are subject to product availability. We strive to maintain an accurate inventory record on our web-site and fill all the paid orders. Should an item be sold out or due to other reasons became un-shippable, a full refund will be sent back to you within two business days, unless you tell us to keep the credit in your account.

  

Cancellation:

A full refund will be given if cancellation notice is received before your order leaves our warehouse. Since we are always trying to ship out the item within one business day, the best way to stop our shipping process is to give us a call for an immediate cancellation and you will receive a cancellation confirm number. We are not responsible for orders shipped to you that claim to be cancelled but lack of a confirmation number. 

  

Warranty Service:

 Tuhorse terms and conditions (see below) apply to all purchases.

 This warranty does not cover any damage due to ordinary wear and tear; for solar pumps, any damage, wear and tear or use of the helical screw rotor; use of the product for applications for which they are not intended; modifications, alterations or repair of the product undertaken by the Purchaser or a third party (not acting on Tuhorse’s behalf); failure to follow Tuhorse’s instructions (whether oral or in writing); installation, commissioning, operation (e.g. use of the product outside its specifications) or maintenance not in accordance with Tuhorse’s manual; use of faulty or inadequate ancillary equipment in conjunction with the product; the application of spare parts of poor quality (excluding the application of any Tuhorse original spare parts); accidental or wilful damage or misuse of the product by Purchaser or third party (not acting on Tuhorse’s behalf); and Purchaser/end user’s or its own product’s non-compliance with applicable law and regulation.

All Tuhorse solar pumps and items part of our solar pump packages (other than solar panels) come with a limited warranty of 24 (twenty-four) months from the date of purchase (as stated on the invoice) unless otherwise stated and agreed at the time of purchase.  Tuhorse solar panels come with a limited 25 Years 80% Power output Warranty; 12 Years 90% Power output Warranty; 10 Years Material $ Workmanship Warranty. Unless otherwise stated, all Tuhorse electric pumps and all other accessories sold by Tuhorse come with a limited warranty of 12 (twelve) months from the date of purchase (as stated on the invoice).  In case of remedy of defects, the warranty period related to the product shall be the longer of (a) 3 months after the date of replacement or remedy or (b) the remaining warranty on the product (ie, the start of the warranty period will remain the date of the initial purchase).

To make a warranty claim under this warranty, please send Tuhorse a notice via email to sales@tuhorse.com.au including the description of the problem, the product under warranty, the serial number of the product and a proof of purchase (ie, invoice).  If you have purchased a Tuhorse product via a dealer/reseller, please check first with the dealer/reseller from whom the product was purchased. The defective product must be returned to Unit 12/49 Carrington Road, Marrickville NSW 2204, Australia with a copy of your proof of purchase (if requested by Tuhorse).

Tuhorse agrees to remedy defective (parts of) products by repairing or replacing (in whole or part) the defective (part of the) product within reasonable time depending on the nature of the defect.

Repair or replacement of products under this warranty will be at Tuhorse’s own cost, provided that (a) all cost and expenses related to transport of (parts of) products from Purchaser’s site to Tuhorse’s warehouse as well as any costs and expenses for dismounting and mounting and de-/re-installation shall be at Purchaser’s account; (b)all cost and expenses related to transport of (parts of) products from Tuhorse’s warehouse back to Purchaser’s site shall be borne by Tuhorse if it shows that the product subject to repair or replacement suffers from defects covered by Tuhorse’s warranty; and (c) all costs and expenses related to transport of (parts of) products to and from Tuhorse’s workshop, as well as all costs related to repair or replacement shall be at Purchaser’s account, if it shows that the product subject to repair or replacement did not suffer from any defects covered by Tuhorse’s warranty. Such payment is to be made by the Purchaser based on Tuhorse’s prevailing prices at the time of service and shall cover any costs and expenses related to such service.

Tuhorse products come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Consumers under the consumer contracts are entitled to a replacement or refund for a major failure and compensation for reasonably foreseeable loss or damage. Consumers are also entitled to have products repaired or replaced if products fail to be of acceptable quality and the failure does not amount to a major failure.

To the extend the product is not of a kind ordinarily acquired for personal, domestic or household use or consumption, Tuhorse’s liability under this warranty is limited to repair or replacement of the product in accordance with section 64A of the Australian Consumer Law.

Any warranty given to the Purchaser in relation to Tuhorse products by a dealer or onseller (other than the warranty provided in this warranty policy) is not Tuhorse warranty and is full responsibility of the provider. Tuhorse will not accept claims under any such warranty and will not be liable to the Purchaser or any third party with respect to any such warranty. Tuhorse under no circumstances can be held responsible for the fitness for purpose of a re-sold product.

 

 

Tuhorse Australia Terms & Conditions of Sale

INTRODUCTION

1.        APPLICATION

1.1       These General Terms and Conditions of Sale and Delivery of Products and Services (“Terms and Conditions”) apply to the delivery by B&M Computers Pty Ltd trading as B&M Trading (“Tuhorse”) of Products, Services, and Products in connection with Services via www.tuhorse.com.au or otherwise to Customer. Customers placing orders for Products and/or Services via this website or otherwise acknowledge and agree that they have read and agree in full to these Terms and Conditions. 

1.2       Tuhorse may change or amend these Terms and Conditions from time to time without notice to Customer. Customer must familiarise itself with the version of Terms and Conditions current at the date of purchase order placement. Any promotions and bargains offered by Tuhorse to the Customer are subject to these Terms and Conditions.

1.3       Tuhorse’s acknowledgement of a purchase order or its failure to object to conflicting, different, or additional terms and conditions in a purchase order shall not in any way be deemed an acceptance of such terms and conditions or a waiver of the provisions.

1.4       If Tuhorse and Customer have entered into a separate agreement accepted by both parties in writing, the terms of that agreement shall apply. These General Terms and Conditions shall, however, apply to matters not addressed in the aforementioned agreement. If Customer seeks to amend these Terms and Conditions, it has to provide its proposed comments or changes to Tuhorse within 5 business days after receiving a purchase order confirmation. For any changes to become effective they must be accepted by Tuhorse, executed in writing and duly signed by both parties.

2.         INFORMATION BY TUHORSE

2.1       Customer is encouraged to seek any necessary technical advice from third-party. Tuhorse is not liable for information given to Customer (or any third party acting on Customer’s behalf) before unless the parties have entered into a written agreement including Tuhorse’s advice and separate payment for any such advice.

PRODUCT SPECIFIC REGULATION                            

3.          DELIVERY OF THE PRODUCTS AND TIME OF DELIVERY

3.1       Tuhorse shall deliver all Products at the Customer’s address as notified to Tuhorse or a depot or any other place and time agreed between the Customer and Tuhorse in accordance with the prices stated on Tuhorse’s website (unless otherwise notified by Tuhorse to the Customer). Tuhorse reserves the right to introduce other charges and fees and to vary these at any time with 7 days prior written notice.

3.2       Except to the extent Tuhorse is required to do so by the Australian Consumer Law, Tuhorse will only accept the return of Products of proper quality under the following conditions and charges:

(i)  Customer must return the Product within 14 days of the invoice. Tuhorse will not be under any obligation to accept Products of proper quality returned by a Customer after that time period.

(ii) For items shipped with "free shipping" offers, Tuhorse will be entitled to charge and deduct the actual shipping cost and any applicable handling fees for the purposes of calculating Customer's actual refund.

(iii) Customer must notify Tuhorse in writing at sales@tuhorse.com.au of any Product return and await Tuhorse written consent that such return is accepted under this clause 3.2. If Tuhorse accepts the return of a Product, the Product returned must be accompanied by a copy of the original invoice number, date of purchase and a reason for return. Freight and insurance for Products to be returned to Tuhorse must be pre-paid by the Customer.

(iv) All Products must be returned at Customer’s cost to Unit 12, 49 Carrington Road, Marrickville NSW 2204 in their original packaging, unsoiled, undamaged and in an immediate resalable condition. Tuhorse is not responsible and will not be required to accept any Products that are lost or damaged during return freight.

(iv) Nothing in this clause 3.2 affects Customer's right to claim against Tuhorse for a faulty Product under Tuhorse’s warranty or under the Australian Consumer Law.

3.3       If Customer does not take delivery (fully or partly) on the date agreed, Customer shall pay as if delivery had been made, and Tuhorse is entitled to damages from Customer for any loss suffered due to non-delivery including additional transportation and storage costs. Tuhorse may claim damages from Customer for any loss suffered caused by non-delivery, including any additional transportation costs (including redelivery, manual hand unloading or tailgate fees and costs).   

4.        RISK AND TITLE

4.1      Subject to clause 4.2 below, risk and, in respect of fully paid Products, title, shall pass to Customer upon delivery to the specified shipping agent. For shipping damage, customers should file claim to their carrier immediately. Any discrepancies, including wrong items or missing items, should be reported to Tuhorse within 2 Business Days.

4.2       Notwithstanding clause 4.1 above, ownership of the Products will not pass to Customer until Tuhorse has received payment in full. If Customer does not pay, Tuhorse is entitled to take back the Products at the sole cost of Customer. Such retention of ownership does not affect the passing of risk.

4.3       The Customer acknowledges that Tuhorse has a ‘purchase money security interest’ for purpose of the Personal Property Security Act 2009 (Cth) (the PPSA) in the Products to the extent that it secures payment of the amount owing in relation to the Products until the title passes to the Customer in accordance with clause 4.2. Tuhorse is entitled to take any actions, ensuring the security interest is enforceable, perfected and otherwise effective. Tuhorse do not need to give any notice under the PPSA (including the notice of a verification statement) unless notice is required under the PPSA and cannot be excluded. The parties agree that they are not required to disclose any information of the kind referred to in section 275(1) of the PPSA. In case of repeated supply, Tuhorse may make a registration against the Customer, which will be valid for one or more security interests arising from all Products supply under these Terms and Conditions.

5.        EXAMINATION

5.1       Immediately upon delivery of Products, Customer shall examine the Products for any visible defects, or shortage, or any other discrepancies with the order and ensure that the delivered Products comply with the order confirmation. If Customer does not make such examination and notify Tuhorse accordingly (if relevant) without delay and in any case, within 7 calendar days, Customer shall forfeit its right to claim any defects in the delivered Products, which Customer could have discovered during such examination.

5.2      After receiving confirmation of shipping details, Customer shall notify Tuhorse and its freight company within 10 days (unless otherwise notified to Customer by Tuhorse) if it has not received its Products in accordance with the order.  Failure to notify Tuhorse and its freight company will mean that the Customer shall have forfeited its rights to claim in respect of such order. 

6.        PRICE, PAYMENT TERMS AND INVOICING

6.1       The price for the Products and Services is as stated by Tuhorse online or as otherwise agreed between Customer and Tuhorse. Tuhorse may change the price for the Products and Services at any time without notice to Customer.

6.2       Tuhorse will invoice Customer upon receiving Customer’s order. Tuhorse may, in its sole discretion, refuse to deliver any Products and/or Services until full payment has been received and cleared.

7.      WARRANTY

Tuhorse’s warranty policy as set out on this website shall be incorporated into these Terms and Conditions and apply in full.  Unless explicitly stated in Tuhorse’s warranty, all other warranties, guarantees, representations and implied terms, except those which are non-excludable in law, are excluded.

8.      LIMITATION OF LIABILITY

8.1    To the maximum extent permitted by applicable law, Tuhorse shall not be liable (in contract, tort (including negligence), breach of statutory duty or otherwise) for any loss or damage whatsoever, including without limitation loss of production, loss of turnover, loss of profit, loss of business opportunity, loss of data, loss of savings, loss of goodwill, loss relating to unauthorised access to data or systems, loss as a result of business interruption, or any other indirect or consequential losses of any kind whatsoever arising under, relating to or in connection with the Agreement or a breach hereof. Tuhorse shall not be liable for any liquidated damages, penalties and similar contractual liabilities levied against the customer by a third party.

8.2    To the maximum extent permitted by applicable law, Tuhorse’s total liability (including in regard to payment of liquidated damages(if any) and third-party claims) towards Customer in respect of all losses arising under or in connection with the Agreement and the cooperation, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed an amount equal to the total amount paid or payable by Customer under the Agreement (excl. any applicable taxes) on which the claim is based.

8.4     The parties agree that the price for the Products and Services reflects the balance of the parties’ rights and obligations under the Agreement, including the limitations in this Clause 8.

9.      INTELLECTUAL PROPERTY RIGHTS

9.1     Customer shall use the Products in a manner that does not infringe third party rights.

9.2     Nothing in the Agreement or otherwise transfers or assigns any intellectual property rights owned by Tuhorse, in or arising out of or in connection with the Products or Services and in any manuals or documentation given by Tuhorse to Customer. Any intellectual property rights owned or licenced by Tuhorse and may not be copied, reproduced, modified, passed on to or communicated to a third party without permission from Tuhorse

10.      INDEMNIFICATION AND GOVERNING LAW

10.1     With respect to any Proceeding brought by Customer or someone other than Customer against Tuhorse and that arises out of or in connection with the Agreement, the cooperation or Customer’s purchase or use of the Products and/or purchase of Services, Customer shall indemnify Tuhorse against all Losses arising out of that Proceeding, except to the extent that Tuhorse has intentionally caused those Losses or acted with gross negligence to cause those Losses. “Proceeding” means any judicial, administrative, or arbitration action, suit, claim, investigation, or another proceeding. “Losses” mean any litigation expenses (including any reasonable out-of-pocket expense incurred in defending a proceeding or in any related investigation or negotiation) and any loss (including any amount awarded in, or paid in settlement of, any Proceeding).

10.2     These conditions are governed by laws of the State of New South Wales, Australia.  You submit to the non-exclusive jurisdiction of the courts of that State.

 

Privacy Policy

B&M Computers Pty Ltd trading as B&M Trading (“Tuhorse”) are committed to respecting your privacy. This Privacy Policy describes how your Personal Information is collected, used, and shared when you visit or make a purchase from www.tuhorse.com.au (the “Site”) or interact with us from outside of the Site, for instance by emailing us, calling us or obtaining our emails, newsletters or other material. The Privacy Policy also applies to interactions with our contractors, suppliers and employees.

This Privacy Policy sets out the steps we take to protect your privacy and personal information.

By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any other agreements between us.

All references to 'us', 'we' or 'our' in this Privacy Policy are references to Tuhorse. All references to ‘you’ or ‘your’ in this Privacy Policy are references to any individual who accesses Site or enter and or make a purchase from Tuhorse.

We may change our Privacy Policy from time to time by publishing changes to it on our website. You should check our Site periodically to ensure that you are aware of our current Privacy Policy.

PERSONAL INFORMATION WE COLLECT & HOW WE COLLECT IT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our Site may not work as intended for you if you do so.

    We may also use cookies to enable us to collect data that may include personal information. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy, or as otherwise required by Privacy Law
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 
  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site or otherwise, we may collect certain information from you, including your name, billing address, shipping address, and payment information (including credit card numbers, debit card numbers, email address, and phone number). We refer to this information as “Order Information.”

If you provide us with personal information about someone else, you must ensure that you are authorized to disclose that information to us, and that we may collect, use and disclose it for the purposes described in this Privacy Policy. This means that you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Privacy Policy.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfil any orders placed through the Site or otherwise (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information, including but not limited, to:

  • Communicate with you;
  • To verify your identity or your credit card or payment details
  • Screen our orders for potential risk or fraud; 
  • Deliver and improve our product and service offerings;
  • Advertise and market our products and services and products; 
  • To administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
  • To comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

SHARING YOUR PERSONAL INFORMATION

We may disclose your Personal Information for the purposes described in this privacy policy, or as otherwise authorised or required by law, to:

  • our employees and contractors and related bodies corporate. However, our employees and contractors must agree to adhere to this Privacy Policy. They are only permitted to access and use personal information necessary to perform their job-related functions and are not permitted to disclose this information to others;
  • third party suppliers and service providers (for example, our information technology and administrative providers, and/or our website operators, digital agencies);
  • our professional advisers, dealers and agents;
  • our internal systems used for fulfillment and inventory management;
  • our payment systems operators (e.g., merchants receiving card payments);
  • our existing or potential agents, business partners, investors or partners;
  • our sponsors or promoters of any competition that we conduct via our services;
  • anyone to whom our assets or businesses (or any part of them) are transferred;
  • any other person or organisation you have authorised us to make disclosures to; and/or
  • other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

The disclosures described above may involve your Personal Information being sent to outside your country of residence in some contexts (for example, to any of our service providers who are located in several countries).  Countries in which such third parties may reside include Australia, the United States, Canada, India and China, though this may change from time to time.  We will take reasonable steps to ensure that any overseas recipients of your Personal Information will protect it from loss or unauthorised uses or disclosures.

We may share your Personal Information with third parties to help us use your Personal Information, as described above. We use BigCommerce to power our online store--you can read more about how BigCommerce uses your Personal Information herehttps://www.bigcommerce.com/privacy/. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

TEXT AND MARKETING NOTIFICATIONS

By entering your phone number in the checkout and initialising a purchase, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please contact us.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

SENSITIVE DATA

We do not collect any special categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

CHILDREN

Our Site services are generally not directed to children under 18. We do not knowingly collect Personal Information from anyone under 18 without parental consent. If you become aware that we have collected Personal Information from a child under the age of 18 without parental consent, please let us know so we can take appropriate action.

HOW WE PROTECT PERSONAL INFORMATION

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure.  We use a number of physical, administrative, personnel and technical measures to protect your personal information in these ways. Personal information you provide to us may be stored through cloud-based systems that are hosted overseas, for example by Google or BigCommerce (see above for more information on how they handle personal information).

However, we cannot guarantee the security of your Personal Information, as no electronic data transmission or storage of information is completely secure. If an incident is reported affecting your information, we will investigate and comply with all required reporting obligations. By using our Site, you acknowledge and agree that we make no such guarantee, and that you use our Site based on that understanding.

Personal information you provide to us may be stored through cloud-based systems that are hosted overseas.

THIRD PARTY WEBSITES

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, or any third-party website or service recommended or referred to on our Site or by our staff; and have no control over or rights in those linked websites. Any privacy policies that apply to those other websites or services may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. You should check our Site periodically to ensure that you are aware of our current Privacy Policy.

ACCESSING, CORRECTING OR ERASING YOUR PERSONAL INFORMATION

If you would like to make a request:

  • to access or correct the personal information we hold about you;
  • for us to erase personal information we hold about you; or
  • for a copy of any personal information which you have provided us;

please contact us using the details provided below. In most circumstances, we will comply with your request. If we deny your request (or part of your request), we will tell you why. We may also need to verify your identity when you make any such request in relation to your personal information.

MAKING A COMPLAINT

If you think we have breached a Privacy Law, or you wish to make a complaint about the way we have handled your personal information, please contact us using the details provided below.

Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time.

If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at sales@tuhorse.com.au or by mail using the details provided below:

Tuhorse
Attn: Privacy Manager
Unit 12
49 Carrington Road, Marrickville
NSW 2046
Australia