The following terms and conditions will apply between JB Hi-Fi Group Pty Ltd ABN 37 093 114 286 (“JB Hi-Fi”/”we”) and “you/customer”, for the provision of any Installation Services and any Installer Delivery Services (collectively, “Services”) purchased by you which JB Hi-Fi has agreed to perform at the “Premises” nominated by you using its nominated “Installation Provider”.
SECTION 1 “General” will apply to all Services purchased by you, and if you have purchased Installer Delivery Services, then SECTION 2 “Delivery” will also apply.
In these terms and conditions:
- “Installation Services” means the installation and related services for your Goods as described in the relevant service description at jbhifi.com.au/pages/installations; and
- “Installer Delivery Services” means the delivery of your Goods by the Installation Provider to the specified room in the Premises and/or the removal of Old Goods and/or Return Goods by the Installation Provider from the Premises)
- “Goods” means the goods purchased by you from JB Hi-Fi, or from another retailer, which are the subject of the Services.
1. General
a) The Services will be performed by JB Hi-Fi’s nominated “Installation Provider”. For the purposes of the Installation Services “Goods” means the goods purchased by you from JB Hi-Fi, or from another retailer, which are the subject of the Installation Services. “Installation Services” means the installation and related services described at https://www.jbhifi.com.au/pages/installations (as applicable to the type of Goods in respect of which you purchased Services, and in some cases the type of installation purchased by you).
b) JB Hi-Fi will endeavour to perform the Services on the day agreed by you, and the Installation Provider(s) will contact you to arrange a time. JB Hi-Fi does not offer set appointment times. You will be advised by the Installation Provider(s) of an expected arrival timeframe. If this does not happen, please contact the JB Hi-Fi installation support team on 1300 524 266. On the day of the Service, the Installation Provider(s) will contact you before arrival. Please note that attendance to perform the Services may be affected by factors outside of JB Hi-Fi’s control, such as adverse weather conditions, traffic conditions and the actions of the Installation Provider(s), and JB Hi-Fi therefore cannot guarantee arrival at the prearranged time and day. Where this happens JB Hi-Fi’s Installation Provider(s) will provide you with as much notice as practicable and will arrange another day with you.
c) You must provide at least 24 hours’ notice if you wish to cancel the Services, or change the date you agreed with JB Hi-Fi for the Services (or such other date that you may have agreed with the Installation Provider(s)), by calling JB Hi-Fi’s installation support team on 1300 524 266. If you do not provide this notice, JB Hi-Fi reserves the right to charge you its reasonable costs of any failed attendance and for rearranging attendance by the Installation Provider(s) at the Premises, or a cancellation fee. If the Premises are unattended at the time that the Installation Provider(s) attend at the Premises, the Installation Provider(s) will wait 10 minutes before leaving the Premises.
d) Save as otherwise provided by the Australian Consumer Law, JB Hi-Fi shall not be responsible for any loss, cost, damage, expense, injury or death arising from any cables or sockets being damaged, faulty, incompatible with, or otherwise unsuitable for, the Goods. Under no circumstances will JB Hi-Fi perform any provisioning, laying or relocating of any cable or points /outlets (power, data or coax) be they existing or new.
e) You are responsible for ensuring that the specific location in the Premises where the Goods are to be installed (and the route from the boundary of the Premises to that location) is of sufficient size, safe and clear of obstacles to allow the Services to be performed. If the Installation Provider determines that this is not the case, then the Installation Provider will not perform the Services (to the extent that the Services are not able to be performed) and JB Hi-Fi reserves the right to charge you its reasonable costs (for attending at the Premises and not being able to perform the relevant Services) and/or a cancellation fee. In particular, please 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. Save as otherwise provided by the consumer guarantees under the Australian Consumer Law, JB Hi-Fi shall not be responsible for any loss, cost, damage, expense, injury or death arising from the structure, fixtures or fittings of the Premises being unable to bear the weight of the Goods.
f) 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, in good condition and working order and will continue to be so for the foreseeable future. If the Installation Provider believes that this is not the case (for example, frayed wiring, poorly fitted connections, thread on a 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 are otherwise unsuitable they will not install or connect the Goods and JB Hi-Fi will provide a refund of the Installation Service fees that you have paid for.
g) JB Hi-Fi will take reasonable care but cannot guarantee that floors will not get dirty, wet or incur minor scuffing during the process of the Services being performed. JB Hi-Fi suggests that you cover floors to protect them.
h) The back-up of any of your data that may be affected by the Installation Service is your responsibility. It is your responsibility to ensure that any of your data which may be at risk of deletion, alteration or corruption as a result or in connection with the provision of the Installation Services is adequately backed-up by you prior to the Installation Provider commencing provision of the Installation Services.
i) You, or another responsible person over the age of 18 whom you have given authority to attend at the time of the Services, must be present at the time of attendance. Any reference to “you” in the paragraphs below includes any such person.
j) You must ensure that any pets are placed in a secure location before the Services commence and at all times during the process of the Services being performed by the Installation Provider.
k) Upon arrival at the Premises, you must ensure that the Installation Provider can commence all relevant tasks without delay. The Installation Provider will inspect the location(s). In the event that the Installation Provider believes that the location for Installation is unsafe or impractical they will be unable to perform the Installation at that location.
l) If the Installation Provider notices any pre-existing damage to the proposed area within your Premises where the Goods are to be installed before they install the Goods they will bring this to your attention. This is intended to avoid any dispute as to whether the Installation Provider has caused any damage to your Premises during the Installation process.
m) At the end of the Installation process you will be requested to sign a Proof of Installation document to confirm that the Goods have been installed.
n) The Installation Provider will unpack and inspect the Goods for any damage before commencing the Installation Service. If the Installation Provider identifies any damage to the Goods at this time, they will notify the JB Hi-Fi installation support team which will then contact you to arrange replacement of the Goods and to reschedule the Services.
o) Please visit our Refunds and Warranties guide for details of our policies in relation to faulty goods and returns due to change of mind.
p) If you wish to return unused and unopened Goods and cancel the Installation Service because you have changed your mind you must provide at least 24 hours’ notice by calling JB Hi-Fi’s installation support team on 1300 524 266. If you do not provide this notice, JB Hi-Fi reserves the right to charge you its reasonable costs of any failed attendance or a cancellation fee. If you are returning unused and unopened Goods due to change of mind in accordance with our policies, we will not refund the delivery fee and you must pay for us to pick up the Goods. If the Goods are unused but have been unpacked we may, at our absolute discretion, accept return of the Goods in the event of a change of mind provided it is in perfect condition. However, in such cases we will not refund the delivery fee, you must pay for us to pick up the Goods and we will apply a restocking fee equal to 20% of the original purchase price.
q) You acknowledge and agree that 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 respect of the Premises or in connection with the Services, then the Installation Provider(s) may, without limiting any of JB Hi-Fi’s rights at law, refuse to perform the Services and/or may require the payment of extra fees from you as reasonably required to perform the Services.
r) 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.
s) Our services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may recover damages from JB Hi-Fi for any reasonably foreseeable loss or damage that you suffer because of any failure of the Services to comply with these guarantees. If the failure to comply with these guarantees is a major failure or cannot be remedied, you may terminate the agreement between you and JB Hi-Fi for the supply of the Services or recover from JB Hi-Fi compensation for any reduction in the value of the Services below the price paid or payable by you for the Services. If the failure to comply with these guarantees can be remedied and is not a major failure, you may request JB Hi-Fi to remedy the failure within a reasonable time, or if it cannot be so remedied you may recover from JB Hi-Fi all reasonable costs that you incur in having the failure remedied, or terminate your agreement with JB Hi-Fi for the provision of the Services.
t) If JB Hi-Fi, its contractors, sub-contractors or employees, suffer any reasonably foreseeable loss, damage, cost or expense as a result of your failure to comply with these Terms and Conditions, then you must pay JB Hi-Fi the amount of that loss, damage, cost or expense if JB Hi-Fi asks you to and the exclusions in clause 1(u) will not apply.
u) Save as otherwise provided by the consumer guarantees under the Australian Consumer Law or clause 1(t), neither party shall be liable to the other or any other person for any of the following losses arising from, or in connection with Services : (i) loss of profits; (ii) loss of revenue; (iii) loss of anticipated savings; (iv) loss of business opportunity; (v) loss of goodwill; (vi) loss of reputation; (vii) loss of data, (viii) consequential, indirect or incidental loss; (ix) special loss; (x) punitive or exemplary damages; (xi) economic loss or damages of any nature or description, or (xii) any property damage, injury or death, whether such losses arise in contract, tort, under statute or regulation, or under any other legal cause or action, claim or right.
v) JB Hi-Fi’s privacy policy (available on its website) contains important information regarding JB Hi-Fi’s collection and use of personal information. You should read this policy before providing any personal information to JB Hi-Fi. By providing the personal information requested, you agree to this policy.
2. Installer delivery services
a) In this section 2; (i) “Installer Delivery Services” means (as agreed by you and JB Hi-Fi) the delivery of Goods by the Installation Provider to the specified room in your Premises and/or the removal of Old Goods and/or Return Goods from the Premises, as more fully described at https://www.jbhifi.com.au/pages/installations (as applicable to the type of Goods in respect of which you purchased Installer Delivery Services, and in some cases the type of installation purchased by you); (ii) “Goods” means the goods purchased by you from JB Hi-Fi which are the subject of the Installer Delivery Services; (iii) “Old Goods” means goods owned by you of a similar type and size which you and JB Hi-Fi have agreed will be removed by JB Hi-Fi from the Premises and disposed of at an e-waste facility; and (iv) “Return Goods” means any goods located at the Premises which you and JB Hi-Fi have agreed will be removed from the Premises and returned to JB Hi-Fi.
b) Where the Installer Delivery 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 Installation Provider attends at the Premises. If any of these conditions have not been satisfied, JB Hi-Fi will not be able to remove the Old Goods and JB Hi-Fi may (at its discretion) refund the relevant portion of the fees you paid for the Installer Delivery Services which were not able to be performed; and (ii) JB Hi-Fi will not pay you for the Old Goods and title in the Old Goods transfers to JB Hi-Fi upon their removal from the Premises in consideration for such removal.
c) Where the Installer Delivery Services include the erasure or wiping of data from the Old Goods, JB Hi-Fi does not provide any representation or warranty that such erasure or wiping of data will be permanent or irreversible.
d) Where the Installer Delivery Services include the removal of Return Goods from the Premises you must ensure that the Return 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 Installation Provider attends at the Premises. If any of these conditions have not been satisfied, JB Hi-Fi will not be able to remove the Return Goods and JB Hi-Fi may (at its discretion) refund the relevant portion of the fees you paid for the Installer Delivery Services which were not able to be performed.
e) You must ensure that the Installation Provider’s vehicle can park immediately outside the entrance to the Premises. JB Hi-Fi reserves the right to refuse to deliver the Goods or refuse to remove the Old Goods or Return 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.
f) The Installation Provider will inspect the location(s) and the route from the delivery vehicle to the location in the Premises. In the event that the Installation Provider believes that the route to a location or the location itself is unsafe or impracticable they will be unable to perform the Installer Delivery Services to or from that location and 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 in the case of removal, be unable to remove the Old Goods or Return Goods (as the case may be).
g) If the Installation Provider notices any pre-existing damage on the proposed delivery route within your Premises before they deliver the Goods (or remove the Old Goods or Return Goods, as the case may be) they will bring this to your attention. This is intended to avoid any dispute as to whether the Installation Provider has caused any damage to your Premises in the process of providing the Installer Delivery Services.
h) Risk of loss, damage or theft to the Goods passes to you at the time of delivery of the Goods to the Premises.
Version 2
28 October 2024