In these Installation Terms and Conditions (“Installation Terms”), “we” or “us” means Winning Services Pty Ltd (ABN 34 152 213 039) and “you” means the person, organisation or entity that purchased our services. Please read through these Installation Terms carefully as they form the agreement under which we will supply our services to you.

Our Services

• If you have ordered our installation services at the time you purchased your appliance, we will provide you with our standard installation services with respect to the appliance you purchased (“Installation Services”).

• If you require extra cabinetry, electrical and plumbing work that is not included in our Installation Services (“Additional Services”), additional charges will apply. Our installer will provide a written quote which will require your acceptance before we can schedule and carry out any Additional Services.

• We will provide all our services with due care and skill and in accordance with all applicable laws and regulations.

• We will provide the services on a date agreed between you and us. If you need to change the scheduled date, please contact our Customer Service Team at least 48 hours before the scheduled date. Otherwise we may charge you a call out fee of $150.

• We cannot commit to an exact time for the supply of services on the scheduled date. We will contact you on the morning of the date between 7am and 10 am with an approximate time window. If our installers come after 11am, we will contact you again when our installers are approximately one hour away.

Price and Payment

• The price of the Installation Services on our current price list with respect to a particular appliance is for the standard installation of the appliance only. All prices are inclusive of GST.

• The price for any Additional Services will be provided in a written quote and charged at a price agreed between you and us.

• We accept payment by bank cheque (in Australian dollars only), American Express, VISA, MasterCard and EFT transfer received by us in advance of services.

Warranties and Limitation of Liabilities

• All installations performed by Winning Services Pty Ltd come with a 12 month guarantee on workmanship from the date the installation was completed.

• Nothing in these Installation Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” within the meaning of the ACL, we give the guarantees to the extent required by the ACL (“Consumer Guarantees”) with respect to our services.

• To the extent permitted by law, any warranties given by us will be void and of no effect if the breach of warranty arises out of, in whole or in part:

  • the fault or negligence of any person other than us;

  • improper use of the appliance installed by us;

  • any modifications or alterations of the appliance installed by us;

  • causes beyond our control such as, but not limited to, power failure, electric power surges or flooding; or

  • your failure to comply with any reasonable guidelines, instructions or documentation provided by the manufacturer with respect to the appliance installed by us.

• Subject to this clause 3, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Installation Terms are excluded;

  • we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with our services or these Installation Terms (including as a result of not being able to use the appliances or the late supply of the services), or the need to recover, re-program or reproduce any program or data stored in or used with the appliances installed by us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

  • our total liability arising out of or in connection with our services or these Installation Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of the services under these Installation Terms.

• Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to supplying the services again or the cost of having the services supplied again.

Disclaimer

• You grant full and irrevocable consent to Winning Services Pty Limited (Winning Services) and persons acting with the authority of Winning Services to make a visual and/or photographic recording on any or all portions of your property for the purpose of documenting the installation services.

General

• These Installation Terms form the entire agreement between you and us and, unless expressly agreed to in writing by us, no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.

• We may change any provision in these Installation Terms without notice so we advise that, even if you are a frequent purchaser from us, you check these Installation Terms whenever you want to purchase our services. Any change of these Installation Terms will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Installation Terms.

• We will not be liable for any delay or failure to perform our obligations under these Installation Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.

• You must not assign any rights and obligations under these Installation Terms whether in whole or in part without our prior written consent.

• Any notice in connection with these Installation Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.I

• f any provision of these Installation Terms is invalid, illegal or unenforceable, these Installation Terms take effect (where possible) as if they did not include that provision.

• Please refer to our Privacy Policy on our website to see how we collect, use and protect your personal information.

• Any failure by a party to insist upon strict performance by the other of any provision in these Installation Terms will not be taken to be a waiver of any existing or future rights in relation to the provision.

• These Installation Terms are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.