Home Installation

1. INTERPRETATION

“Goods” means the goods which are the subject of the Services.

“Old Goods” means goods owned by you of a similar type and size to be removed by The Good Guys Home Services from the Premises as agreed.

“Premises” means the premises nominated by you at which the Services are to be performed.

“Replacement Credit” means a $100 The Good Guys store credit to assist with the cost of the replacement of Goods.

“Service Personnel” means the qualified installers or repair personnel (as the case may be) contracted by The Good Guys Home Services to perform the Services on behalf of The Good Guys Home Services.

“Services” means the installation/repair and related services for your Goods, as described in the applicable services description, which is available from the relevant webpage set out in the table below

2. YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW

(a) Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified.

(b) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled:
(i). to cancel your service contract with us; and
(ii). to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods 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 goods 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 goods or service.

(c) Your rights under the Australian Consumer Law exist independently of your rights under the limited warranties set out at clause 3 in these Terms and Conditions below.

3. LIMITED WARRANTY FOR APPLIANCE INSTALLATION SERVICES

(a) In addition to any rights you have under the Australian Consumer Law, The Good Guys Home Services will rectify (at no additional charge to you) any defect in the work carried out by Service Personnel which arises:
(i). during the 5 year period commencing on the date the performance of the Services is completed, for Services installing a gas appliance or air conditioner;
(ii). during the 12 month period commencing on the date the performance of the Services is completed, for Services installing any appliance (other than a gas appliance or air conditioner); and
(iii). during the 6 month period commencing on the date the performance of the Services is completed, for Services repairing any Goods.

(b) This warranty applies to:
(i). in the case of Services installing any Goods, the installation itself and any parts or accessories supplied to you in accordance with clause 10; or
(ii). in the case of Services repairing any Goods the repair itself, any parts and accessories replaced while carrying out repairs and labour required to repair your Goods by the Service Personnel.

(c) This warranty does not extend to any faults caused by: (i) alterations, modifications and changes made independently (and without the prior written consent of The Good Guys Home Services) by you and/or any third party to the work performed by the Service Personnel; (ii) any failure by you to properly maintain the Goods; (iii) any failure by you to follow any instructions or guidelines provided in any instruction manuals, user guides or any similar documentation for the Goods; (iv) the continued use of the Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; (v) fair wear and tear, or (vi) any accident or act of God.

4. ACKNOWLEDGEMENT REGARDING SUBCONTRACTING

You acknowledge that The Good Guys Home Services will subcontract the performance of the Services to a third party. The Service Personnel who attend at the Premises will be contractors engaged by The Goods Guys Home Services to perform the Services, or employees or sub-contractors of such contractors.

5. INFORMATION PROVIDED BY YOU

(a) You warrant to The Good Guys Home Services that all information provided by you in relation to the Services and the Premises (including all such information provided by you at The Good Guys store on the day you paid for the Services, all such information provided by you on the telephone on the day you paid for the Services, and all such information provided by you through an online purchase for the Services) is correct and complete.

(b) If you fail to provide any information, fail to provide correct information or fail to perform any of your obligations under these Terms and Conditions, in addition to its other remedies available at law, The Good Guys Home Services may refuse to provide the Services and/or may require the payment of extra fees from you as reasonably required to perform the Services.

6. CHANGES, CANCELLATIONS AND REFUNDS

The Good Guys Home Services requires 24 hours’ notice from you to change, cancel or re-schedule a Service that has been scheduled. If you do not provide The Good Guys Home Services with the required notice, The Good Guys Home Services may at its discretion charge you a cancellation or reschedule fee of $80.

7. ADDITIONAL CHARGES

(a) Where the Service Personnel believe that additional work (not within the scope of work for the Services, as set out in the booking confirmation provided to you) will be required to perform the Services they will discuss this with you, and payment for any such additional work to The Good Guys Home Services is required by you prior to the commencement of the Services. Payment can be made using VISA, Mastercard, PayPal or Gift Card, and you must not make direct payment of any fees or charges for the Services to Service Personnel. Upon payment being made for such additional work, the Services shall include such additional work.

(b) The Service Personnel may, prior to attending at the Premises, notify you of any additional expenses which will be incurred in relation to parking fees, island locations and travel across bodies of water to attend at the Premises. If you agree to pay such additional expenses, they will be processed as an additional fee payable by you to The Good Guys Home Services. If you do not agree to pay such additional expenses, you can cancel your booking and The Good Guys Home Services will provide you with a refund of the money that you paid for the Services.

8. ACCESS AND SUITABILITY

(a) Installation vehicles, equipment and Service Personnel must have clear and unhindered access to the Premises and all parts of the Premises (including all internal/external locations) where the Goods that are the subject of the Services are located. The Good Guys Home Services will not be responsible for moving any of your furniture or other property which is obstructing access.

(b) The Goods must be onsite at the Premises prior to commencement of the Services, except if delivery is included in the Services. If delivery is included in the scope of works for the Services (where applicable as amended in accordance with clause 7(a)), the Goods to be installed will be delivered on the day of installation.

(c) The Service Personnel will inspect the location(s) and, in the event that the Service Personnel believe that the location for installation/repair or related services is unsafe or impractical, they will be unable to perform the Services at that location. Where this is the case The Good Guys will not perform the Services and will refund the money you have paid for the Services that have not been performed less a call out charge of $80.

(d) If the Service Personnel notice any pre-existing damage to the proposed area within your Premises where the Services are to be performed, they will bring this to your attention in order to avoid any dispute as to whether the Service Personnel have caused any damage to your Premises while performing the Services. Service Personnel may make notes about such damage and may also take photographs.

(e) Where the Services involve installation of Goods, you are responsible for ensuring that the specific location in the Premises where the Goods are to be installed is of sufficient size, safe and clear of obstacles. In particular, you must bear in mind the weight of the Goods and whether the floors and walls are strong enough for the load and whether tiles or other floor/wall coverings or materials could be damaged as a result of this weight.

(f) Where the Services involve installation of Goods, You are responsible for ensuring that any required electrical or water supplies, drainage/waste facilities and coaxial or data supplies or connections are within reach of the installation location and that they are compatible with the Goods, in good condition and working order, and will continue to be so for the foreseeable future. If the Service Personnel reasonably believe that this is not the case (for example, frayed wiring, poorly fitted connections, the thread on water tap is worn or damaged, a water pipe is cracked, there are recent signs of water leakage, an outlet drain is blocked or not ready for connection, power boards or extension cords that are not recommended for whitegoods are used) or the supplies/connections/facilities are otherwise unsuitable they will not install or connect the Goods and The Good Guys Home Services will refund the money you have paid for the Services that have not been performed less a call out charge of $80.

(g) Complex or difficult jobs (e.g. restricted access, lightweight walls or installation at non-standard heights above 1.5M) may incur additional charges pursuant to clause 7(a).

(h) At the end of the installation process you will be requested to sign a Proof of Installation to confirm that the Goods have been installed.

9. DELIVERY OF GOODS & REMOVAL OF OLD GOODS

(a) Unless otherwise specified in the scope of works for the Services (where applicable as amended in accordance with clause 7(a)), delivery of Goods purchased from The Good Guys, and decommissioning and removal of Old Goods, is not included in the Services.

(b) If the Services include delivery of Goods or the removal of Old Goods:
(i). you must ensure that the Service Personnel’s vehicle can park immediately outside the entrance to the Premises. The Good Guys Home Services reserves the right to refuse to deliver the Goods or refuse to remove the Old Goods (as the case may be) where parking within 20 metres of the entrance to the Premises is not available. Any applicable parking charges are your responsibility;
(ii). the Service Personnel will inspect the location(s) and route from the delivery vehicle to the relevant location in the Premises (where the Goods are to be delivered or from which the Old Goods are to be removed). In the event that the Service Personnel believes that the route to the location or the location itself is unsafe or impracticable they will be unable to perform the delivery of Goods or the removal of Goods to/from that location. If this is the case, then (if delivery of Goods was included in the Services) they will deliver the Goods to such other location inside or outside the Premises as you direct, provided that they consider this location and the route to this location to be safe and practical and/or (if removal of Old Goods was included in the Services) they will be unable to remove the Old Goods; and
(iii). if the Service Personnel notice any pre-existing damage on the proposed route within the Premises before they deliver the Goods or remove the Old Goods, they will bring this to your attention in order to avoid any dispute as to whether the Service Personnel has caused any damage to the Premises in the course of providing the Services.

(c) Where the Services include the removal of Old Goods from the Premises:
(i). you must ensure that the Old Goods are empty, safe to be removed from any cavity or wall mount and are otherwise safe to be handled and readily available for easy removal at the time the Service Personnel attend at the Premises. If any of these conditions have not been satisfied, The Good Guys Home Services will not be able to remove the Old Goods; and
(ii). The Good Guys Home Services will not pay you for the Old Goods and title in the Old Goods transfers to The Good Guys Home Services upon their removal from the Premises in consideration for such removal.

(d) In the event that the Service Personnel are unable to deliver the Goods to the Premises at all, or are unable to remove the Old Goods due to the circumstances set out in clauses 9(b) or 9(c) above, then The Good Guys Home Services will not perform the Services and will refund the money you have paid for the Services that have not been performed less a call out charge of $80.

(e) Where the Services include the delivery of Goods, risk of loss, damage or theft to the Goods passes to you at the time of delivery of the Goods to the Premises, including delivery outside the Premises as set out in clause 9(b)(ii).

10. LABOUR ONLY

The cost of any installations or repair Services does not include any parts or accessories (fittings, extension hoses, pressure limiting valves) except where specifically listed in the scope of works for the Services (where applicable as amended in accordance with clause 7(a)). Where you do not have any parts or accessories necessary to perform the requested Services, then the Service Personnel may offer to supply those parts or accessories (where available for an additional agreed cost). If you do not agree to purchase these parts or accessories from the Service Personnel (or the Service Personnel do not have the necessary parts or accessories available), then the Service Personnel will not perform the Services and The Good Guys Home Services will provide you with a refund of the money you have paid for the services that have not been performed less a call out charge of $80.

11. NSW CUSTOMERS

To the extent that any work to be performed by The Good Guys Home Services at a Premises in New South Wales constitutes residential building work (as that term is defined in the Home Building Act 1989 (NSW)), The Good Guys Home Services warrants that such work will comply with:
(a) the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979 (NSW), including any regulation or other instrument made under that Act);
(b) all other relevant codes, standards and specifications that such work is required to comply with under any law; and
(c) the conditions of any relevant development consent or complying development certificate, provided that The Good Guys Home Services shall not be liable to you to the extent that any failure of such work to comply with paragraphs (a) to (c) above relates to:

• a design or specification prepared by or on behalf of the owner of the building (but not by or on behalf of The Good Guys Home Services) or;
• a design or specification required by or on behalf of the owner of the building and The Good Guys Home Services has advised you in writing that the design or specification does not comply with paragraphs (a) to (c) above.

12. DELAY & SAFETY OF OUR WORKFORCE

The Good Guys Home Services will use its best efforts to deliver timely service notwithstanding unpredictable scheduling volume spikes, unscheduled transport or sickness problems and other factors beyond its reasonable control, including but not limited to, unavailability of contractors, power failure, technical breakdowns, unexpected issues arising in connection with the provision of services to other customers and acts of God. Where the Service Personnel are not able to attend within the expected timeframe, the Service Personnel will provide you with as much notice as possible and will arrange another day with you.
(a) The working environment in which The Good Guys Home Services is requested to perform the Services must meet the respective Occupational Health and Safety (OH & S) regulations in the applicable State or Territory. If the Service Personnel reasonably believe that the working environment at the Premises does not meet the requirements of the relevant State or Territory OH & S regulations, then the Service Personnel may leave the Premises without performing the Services and The Good Guys Home Services will refund the money you have paid for the Services that have not been performed less a call out charge of $80 to cover its reasonable costs of any failed attendance.
(b) If The Good Guys Home Services’ ability to perform the Services is impaired by your failure to cooperate or circumstances beyond the reasonable control of The Good Guys Home Services, The Good Guys Home Services may choose not to provide the Services and will provide you with a refund. Where The Good Guys Home Services’ ability to perform the Services is impaired; (i) by your failure to cooperate; or (ii) circumstances which are beyond the reasonable control of The Good Guys Home Services but which are within your reasonable control, then The Good Guys Home Services reserves the right to deduct a call out charge of $80 from the amount refunded to you.

13. YOUR OBLIGATIONS

(a) It is your responsibility to ensure that any of your data which may be at risk of deletion, alteration or corruption as a result of, or in connection with, the provision of the Services is adequately backed-up by you prior to the Service Personnel commencing provision of the Services.

(b) The Good Guys Home Services will take reasonable care but cannot guarantee that floors will not get dirty, wet or incur minor scuffing during the provision of the Services. The Good Guys Home Services suggests that you cover floors to protect them. Please note, due to Occupational Health and Safety reasons, such as safe lifting of bulky and heavy products, Service Personnel are unable to remove their work boots in your home.

(c) Subject to clause 16 and clause 17, The Good Guys Home Services will not perform any provisioning, laying or relocating of any supplies, facilities or utilities ( e.g power, water, gas or internet/data).

(d) You must ensure that any pets are placed in a secure location before the Services commence and at all times during the process.

(e) Upon arrival at the Premises, you must ensure that the Service Personnel can commence all relevant tasks without delay.

(f) Unless removal of Old Goods is included in the scope of works for the Services (where applicable as amended in accordance with clause 7(a)), it is your exclusive responsibility to dispose of any Old Goods that will be replaced by Service Personnel in carrying out the Services.

(g) You must ensure that a person who is at least 18 years of age is present at all times whilst Service Personnel are present at the Premises, and that such person is authorised to approve all completed work and provide such assistance as the Service Personnel may reasonably request. If not, the Service Personnel may leave the site without providing the Services and The Good Guys Home Services may invoice you for an additional call-out fee before performing the Services.

(h) Where the Services involve the installation of Goods, once the Service Personnel have finished providing the Services you will be requested to sign a Proof of Installation.

14. MODIFICATIONS TO INSTALLATION SERVICES

If you or any third party service provider modifies any part of The Good Guys Home Services installation work with the result that your Goods no longer work as they should, The Good Guys Home Services can provide an on-site troubleshooting service call to attempt to re-establish your system’s functionality per the original installation scope of work (where applicable as amended in accordance with clause 7(a)). Any such call will be charged at the then-current rates which will be provided to you when booking the call. If The Good Guys Home Services determines on-site that the original installation by The Good Guys Home Services was the cause of the problem, the Good Guys Home Services will fix the problem at no cost to you.

15. COMPUTER USE

Some of the Services may require access to your computer. For software installations, Service Personnel may accept end user license agreements (EULAs) on your behalf, and you irrevocably authorize The Good Guys Home Services and/or its agents to accept any relevant (EULAs) on your behalf. Copies of EULAs are available from the software manufacturer upon request. Installation does not include re-installation of Operating Systems.

16. ELECTRICAL

Your existing wiring & switchboard must comply with applicable state/federal standards. The Good Guys Home Services will not, under any circumstance, move, alter or install electrical outlets or undertake wiring & switchboard upgrades unless such work is included in the scope of works for the Services (where applicable as amended in accordance with clause 7(a)). If the Service Personnel believe that existing wiring & switchboard does not comply with applicable state/federal standards or that additional electrical work is required before the Services cannot be performed and such work is not included in the scope of works for the Services, The Good Guys Home Services will not complete the Services and will refund the money you have paid for the Services that have not been performed less a call out charge of $80.

17. PLUMBING

The Good Guys Home Services is not liable for additional plumbing not included in the scope of works for the Services (where applicable as amended in accordance with clause 7(a)) or ensuring a sufficient water flow rate required for the operation of any Goods. If the additional plumbing is required which is not included in the scope of works for the Services (where applicable as amended in accordance with clause 7(a)) or the water flow rate is insufficient for the operation of the Goods, The Good Guys Home Services will not complete the Services and will refund the money you have paid for the Services that have not been performed less a call out charge of $80.

18. GOODS REPAIR AND ASSESSMENT SERVICE

(a) If you are considering booking The Good Guys Home Services’ Goods repair Service, either in relation to goods purchased from The Good Guys or a third party, you are responsible for confirming that your Goods are not currently under any manufacturer, retailer, extended or repairer warranty before booking the Service. In the event that any Goods you purchase from The Good Guys are faulty, please see https://www.thegoodguys.com.au/product-faults-and-consumer-guarantees for information about your rights.

(b) Save as otherwise provided by law the Good Guys Home Services is not liable for any manufacturer warranty voided or adversely affected as a result of the provision of a repair Service.

(c) After booking The Good Guys Home Services’ Goods repair Service:
(i). Service Personnel will conduct an over the phone assessment of the Goods and (if necessary) an in-home assessment of the relevant Goods at a mutually agreed time;
(ii). If the Service Personnel reasonably believe that the Goods can be repaired to working condition in 15 minutes or less, with no extra parts, they will repair the Goods at no extra cost;
(iii). If the Service Personnel reasonably believe that the Goods can be repaired but it will take longer than 15 minutes to do so, then they will provide you with a quote for repairing the Goods, which lists the new parts and labour required. You may accept or reject this quote in your absolute discretion;
(iv). If the Service Personnel reasonably believe that the Goods cannot be repaired or you reject the quote provided in accordance with clause 18(c)(iii), then The Good Guys Home Services will provide you with a Replacement Credit.

(d) During the repair process, if after replacing any agreed parts, the Service Personnel find that further parts need to be replaced for the Goods to be in good working order they will provide a quote for any additional costs and request your permission to proceed. Upon receiving this quote, if you choose to go ahead with the repair Service, you will be required to pay any additional charges via a payment link sent to you via SMS/email prior to any work taking place. If you do not wish to proceed, the original parts may be refitted to the Goods if possible. A refund for the cost of the original repair Service will not be provided if you choose not to proceed with the further repairs after reviewing any additional repair costs. In this instance, you will receive a Replacement Credit to assist with the cost of replacing your Goods.

(e) Repairs may require parts that are unavailable at the time of assessment by the Service Personnel and need to be ordered. Estimated lead times for parts delivery and the completion of your repair Service will be provided to you for review prior to any acceptance of the quote provided in accordance clause 18(c)(iii). This lead time may however, be exceeded due to issues such as parts availability or any freight delays, which may delay the completion of your appliance repair. You will be advised of any delays to your appliance repair completion date and have an option to cancel the repair Service and receive a full refund of the additional charges paid by you in accordance with clause 18(d) if the expected lead time for parts delivery and repair completion (taking account of the expected delay) is more than 2 days after the original estimated lead time or if the lead time (taking account of the expected delay) is more than 30 days after the date the appliance was assessed.

(f) Replacement Credits must be redeemed either online or in store at The Good Guys before the specified expiry date, which will be 90 days from the date of issue. It is up to the customer to use the full value of their Replacement Credit before the expiry date. Any unused balance upon the expiry of a Replacement Credit will not be refunded or credited.

(g) If your purchase exceeds the available Replacement Credit balance, you must pay the difference with another payment method.

(h) Where eligible, a Replacement Credit will be sent to your mobile telephone number via SMS as soon as the repair job is closed by the Service Personnel.

(i) If your Replacement Credit is altered, lost or stolen, it will not be replaced, refunded or redeemed.

(j) The Replacement Credit is redeemable for merchandise or services at The Good Guys stores. It is not redeemable for cash and cannot be used for the payment of credit or retailer accounts; it cannot be used to purchase products from agency brands, or The Good Guys Gift Cards.

19. PRIVACY

(a) The Good Guys privacy policy specifies how we will handle your personal information and other information required to be disclosed to you under the Privacy Act. Please read this policy, which can be accessed at: https://www.thegoodguys.com.au/privacy-policy before providing any personal information to us. You consent to all of the collection, holding, uses and disclosures of your contact details and information described in The Good Guys Privacy Policy.

(b) The Good Guys Home Services may also disclose information about you to its related companies, contractors and installers and its other suppliers (including to any person situated outside Australia) for the purpose of:

• booking, co-ordinating and providing the requested Service(s);
• quality assurance;
• taking payment for the Services;
• offering additional or new products and services related to the products or services provided to you;
• providing offers, services and benefits to you from The Good Guys;
• dealing with any questions or complaints about the Services.

(c) You consent to these parties contacting you, including by email, SMS, mail or telephone, for the purposes set out above.

20. QUALITY ASSURANCE

The Good Guys Home Services is committed to an ongoing quality assurance process for its home installation network. An important part of this process is regular in-home inspections of installations completed by its network of Service Personnel. Following the completion of your Services, you may be contacted by The Good Guys Home Services with a request to take part in an optional in-home inspection. You consent to being contacted by The Good Guys Home Services for these purposes and acknowledge and agree that this consent shall remain effective (and that it will be reasonable for The Good Guys Home Services to continue to contact you for such purposes) until you indicate that you no longer wish to be contacted by The Good Guys Home Services for such purposes (which you can do by calling: 1300 748 190).