From July 2006 to December 2007, Alco battery Sales (Aust) Pty Ltd (Alco Battery Sales) represented that the Fullriver DCG Series batteries (the Products) it supplied in Australia were gel batteries.  However, testing of a DCG100-12/Gel Product showed that it contained only 0.55% silicone dioxide and accordingly, it was not a gel battery. The Product tested was in fact an absorbed glass mat (AGM) battery.

The Australian Competition and Consumer Commission (ACCC) expressed concerned that by representing the Products as gel batteries in circumstances where they were AGM batteries, consumers were misled about the composition of the Products in breach of sections 52, 53(a) and 53(c) of the Trade Practices Act 1974.

To address its concerns, the ACCC accepted from Alco Battery Sales a court enforceable undertaking.  As part of the undertaking, Alco Battery Sales has agreed to refrain from making similar representations concerning the composition of the Products in the future, offer a full refund of the purchase price of the Products to those consumers who purchased the Product from Alco Battery Sales, or a distributor or a retailer who supplied them with the Product or offer a replacement battery and to implement and maintain a trade practices compliance program.

If you consider you have been misled by the conduct of Alco Battery Sales in misrepresenting the composition of the Product and wish to obtain a refund for this Product or a replacement battery, please send your request for a refund or replacement to:

Alco Battery Sales
Reply Paid 84028
SLACKS CREEK  QLD 4127

Please remember to include in your request your name, contact details, the model number of the battery purchased and order number for us to be able to process your refund or replacement.  Alco Battery Sales is offering a refund or replacement to consumers until 13th November, 2008.  You should, therefore, ensure that your request for a refund or replacement battery is sent in time so that it is received by no later than this date. Proof of purchase must also be produced.

If you have any queries about this notice or about a Fullriver DCG product supplied by Alco Battery Sales you have purchased, please call Alco Battery Sales on (07) 3299 2600.

This notice has been paid for by Alco Battery Sales and place because
of the undertaking given to the ACCC by Alco Battery Sales.
Annexure B