Advanced One Air Conditioner Installation Terms

(Air conditioner installation works $3,300 or less)

DEFINITIONS
(1) In these Terms:
Accepted Invoice has the meaning given in clause (6).
Advertisement means an advertisement published by Advanced One from time to time, for the installation of a Selected System referred to in that Advertisement for the Indicative Price.
Advanced One or our or us or we means Advanced One Pty Ltd ACN 161 859 552 ABN 62 161 589 552 trading as Advanced One Air Conditioning and Electrical Services with Arctick Licence No. AU37346, REC Registration Number 28462 licensed under the Electrical Safety Act 1998 (Vic), NSW Contractor Licence 318954C licensed under the Home Building Act 1989 (NSW), South Australian Contractor Licence No BLD300715 licensed under the Plumbers, Gasfitters and Electricians Act 1995 (SA), QBCC Licence No. 1307036 and QLD Electrical Contractor Licence No. 78826 licensed under the Electrical Safety Act 2002 (Qld), Australian Capital Territory Construction Occupation Licence No. 20201156 (Electrical Contractor) licensed under the Construction Occupations (Licensing) Act 2004 (ACT), Western Australia Electrical Contractor Licence No. EC14362 licensed under the Electricity (Licensing) Regulations 1991 (WA), Tasmania Occupation Licence No. 15607965 (Electrical Contractor) licensed under the Occupational Licensing Act 2005 (Tas) and Northern Territory Electrical Contractor Licence No. C4088 licensed under the Electrical Workers and Contractors Act 1978 (NT).
Booking means an offer made by you in response to an invitation to treat by Advanced One in an Advertisement for Advanced One to inspect the Premises, including the proposed Installation Site, and provide Installation Services to you in consideration for you paying the Indicative Price to Advanced One subject to these Terms.
CC Act means Competition and Consumer Act 2010 (Cth).
CC Act Implied Term means, in respect of the supply of Installation Services by Advanced One to you, any term, condition, consumer guarantee or warranty, for the benefit of you, implied by or arising under the CC Act in relation to that sale or supply of those Installation Services, or otherwise implied by any similar written or unwritten law of any State or Territory of Australia.
Indicative Price means an indicative price appearing in an Advertisement for installation of a relevant Selected System.
Installation Date means a date agreed between you and Advanced One for the provision of the Installation Services.
Installation Site means the location on the Premises where Your Selected System is to be installed pursuant to the Installation Services.
Installation Services means installation services Advanced One provides to you in relation to installing Your Selected System as set out in an Invoice or Accepted Invoice.
Invoice means an invoice provided by Advanced One to you with respect to the Installation Services.
Parties means Advanced One and you and Party means any one of them.
Premises means the premises where the Installations Services are to be provided as specified in an Invoice or Accepted Invoice.
Selected System means an inverter split system air conditioning unit referred to in an Advertisement.
Selected Store means a Harvey Norman®, Domayne® or Joyce Mayne® store listed in an Advertisement which is operated by an independent franchisee.
Service Fee means the amount set out in the Invoice or Accepted Invoice for the Installation Services, as varied from time to time in accordance with these Terms or otherwise in writing by you and Advanced One.
Terms means these standard terms and conditions and includes any Invoice or Accepted Invoice.
Website means www.advancedone.com.au.
You or your means the person or entity who makes a Booking with Advanced One.
Your Offer has the meaning given in clause (3).
Your Selected System means the Selected System purchased by you from a Selected Store.
CONDITIONS PRECEDENT
(2) If you make a Booking with Advanced One, Advanced One will inspect the Premises, including the Installation Site, to assess, in the sole discretion of Advanced One, if each of the following conditions are satisfied:
(a) none of the following is required to carry out the Installation Services:
(i) more than 3 metres of copper piping from the compressor to the air conditioning unit;
(ii) more than 15 metres of electrical cabling from the power box (near the compressor) to the air conditioning unit;

(iii) more than 2 metres of capping or plastic tubing used to cover cords/wires from the compressor/power box to the air conditioning unit;
(iv) copper piping;
(v) electrical wiring;
(vi) wall brackets;
(vii) a peak smart meter or an extra peak smart meter;
(viii) a 10amp dedicated line;
(ix) decommissioning an existing air conditioning unit on the Premises;
(x) a side exit for the piping to run from the side of the air conditioning unit rather than from the base or the back of the air conditioning unit;
(xi) an outdoor base for the Selected System;
(b) the Premises are a single storey dwelling only and are not an apartment or unit or other type of strata title property;
(c) the Premises are located within the area specified in the relevant Advertisement;
(d) the Installation Site is not double brick or concrete;
(e) there is no asbestos on the Premises;
(f) the Premises are safe and not contaminated;
(g) the Premises, including the Installation Site, are able to support the installation work to be carried out under the Installation Services;
(h) you purchased Your Selected System from a Selected Store;
(i) the Premises are located within a distance of 20 kilometres from the Selected Store where you purchased Your Selected System; and
(j) the information you have provided to Advanced One in relation to Advanced One considering whether to provide Installations Services to you is correct and complete,
(collectively Conditions Precedent and each a Condition Precedent).
YOUR OFFER
(3) If each of the Conditions Precedent are satisfied, then Advanced One may, in its sole discretion, elect to accept your offer in your Booking for Advanced One to provide Installation Services to you in consideration for you paying the relevant Indicative Price to Advanced One subject to these Terms (Your Offer) by providing you with an Invoice for the relevant Indicative Price which will be payable by you in accordance with these Terms. The agreement formed by Advanced One accepting Your Offer will be deemed to incorporate these Terms and the Invoice. You will sign the Invoice at that time.
(4) If Advanced One elects not accept Your Offer, then:
(a) Advanced One has no obligation to provide any Installation Services to you;
(b) you have no right to require Advanced One to provide the Installation Services to you; and
(c) Advanced One will promptly return to you any deposit paid by you to Advanced One.
(5) The Indicative Price:
(a) includes provision of one circuit breaker and one isolation switch; and
(b) expressly excludes dealing with or providing any of the items listed in clause (2) above, delivery of Your Selected System to the Premises and removal or disposal of an existing air conditioning unit or appliance.
(6) If any of the Conditions Precedent are not satisfied, then Advanced One may, in its sole discretion offer to provide you with a cost to provide any material or labour (or both) not covered by the Indicative Price (Extra Services), to carry out the Installation Services (Extra Cost). That Extra Cost will be included in an Invoice in addition to the relevant Indicative Price and may be accepted by you by signing the Invoice. If you sign that Invoice (Accepted Invoice), the agreement formed by you signing that Invoice will be deemed to incorporate these Terms and the Accepted Invoice.
PRICE AND PAYMENT
(7) All prices in an Invoice or Accepted Invoice are inclusive of GST.

(8) A maximum 10% deposit is payable by you to Advanced One on making a Booking by credit card. The balance of the Services Fees, including any Extra Cost, are payable by you on completion of the Installation Services by credit card to Advanced One or its subcontractor which provides the Installation Services.
SUBCONTRACTING
(9) You acknowledge that Advanced One may in its sole discretion sub-contract the performance of all or any part of the Installation Services to third parties.
WHAT YOU MUST DO
(10) You must:
(a) before the Installation Date, advise Advanced One if you suspect or are aware that the Premises contains asbestos;
(b) on the Installation Date, provide Advanced One with necessary and reasonable access to the Premises and Your Selected System to allow Advanced One to carry out the Installation Services;
(c) at your sole cost and expense, ensure that any plumbing, electrical or carpentry works required to be carried out in order for Advanced One to perform the Installation Services have been carried out prior to the Installation Date;
(d) ensure that the Premises:
(i) are safe and easily accessible by Advanced One;
(ii) are cleared and free of any obstacles or obstructions that may impede or delay the provision of Installation Services;
(iii) have a water inlet within 1.5 metres of the Installation Site;
(iv) has the necessary electrical supply connected to the point of installation at the Installation Site; and
(v) are free from any hazardous materials or substances;
(e) be on the Premises on the Installation Date while the Installation Services are being provided in case Advanced One requires any instructions from you in relation to the Installation Services; and
(f) ensure that immediately prior to Advanced One undertaking the Installation Services:
(i) you own Your Selected System free from all encumbrances; and
(ii) Your Selected System is new and unused and still contained in its original packaging.
(11) If you are in breach of one or more of the obligations specified in clause (10) (Breach), then Advanced One may in its sole discretion do either or both of the following:
(a) suspend indefinitely, or delay the provision of all or any Installation Services until you rectify the Breach at no cost or liability to Advanced One;
(b) require that you pay, and you must pay, Advanced One any additional fees, charges, disbursements and out-of-pocket expenses incurred by Advanced One as a result of the Breach.
(12) After the provision of Installation Services, you must ensure that Your Selected System is maintained, serviced and used in accordance with the specifications provided by the manufacturer of Your Selected System.
CHANGES AND CANCELLATIONS
(13) You must provide at least 24 hours notice prior to the Installation Date to change, cancel or reschedule the Installation Date. If you do not provide the required notice, or if you are not on the Premises on the Installation Date at the time booked in for the Installation Services, then Advanced One may in its sole discretion charge you a cancellation or rescheduling fee of $88.
WHAT ADVANCED ONE WILL DO
(14) Advanced One will:
(a) provide any Installation Services:
(i) in accordance with these Terms and the terms set out in any Invoice or Accepted Invoice;
(ii) with all due skill and care to the best of its knowledge and expertise;
(iii) in a proper and workmanlike manner; and
(iv) in accordance with any relevant legal and regulatory requirements;
(b) use materials, equipment, workmanship and methods that are suitable for the purposes of providing the Installation Services.

(15) Advanced One will use its best endeavours to provide the Installation Services in a timely manner, however Advanced One will not be liable for any delay in providing Installation Services if such delay is caused by circumstances beyond the reasonable control of Advanced One.
(16) You acknowledge that Advanced One has not sold or supplied Your Selected System to you and is only providing the Installation Services.
LIMITATION OF LIABILITY
(17) Advanced One acknowledges that the CC Act and other State and Territory legislation confer certain rights and remedies on you in relation to the supply by Advanced One to you of Installation Services, pursuant to these Terms, or otherwise, which cannot be excluded, restricted or modified by agreement (Non-Excludable Rights). Advanced One does not exclude any Non-Excludable Rights but does exclude all other terms, conditions, guarantees and warranties implied by the written or unwritten law in relation to any sale or supply by Advanced One to you of Installation Services.
(18) Subject to law, Advanced One makes no representation and gives no warranty in relation to any supply of Installation Services by Advanced One to you.
(19) You acknowledge that you have not relied upon any representation or warranty made by or on behalf of Advanced One in relation to any sale or supply of Installation Services pursuant to these Terms, and will not rely upon any representation or warranty made by or on behalf of Advanced One in relation to any future sale or supply of Installation Services by Advanced One to you, which is not expressly agreed in writing by Advanced One prior to the sale or supply of the Installation Services, subject in all respects to the written law.
(20) To the extent permitted by law, in respect of each sale or supply of Installation Services by Advanced One to you:
(a) each CC Act Implied Term is expressly excluded; and
(b) the liability of Advanced One is limited to the cost of resupplying the Installation Services.
(21) To the extent that Part 1 of Schedule 2 of the Home Building Act 1989 (NSW) applies to any of the Installation Services performed pursuant to these Terms (Relevant Installation Services) the Relevant Installation Services will comply with:
(a) the Building Code of Australia (including any regulation or other instrument made under that Act); and
(b) all other relevant codes, standards and specifications that the work is required to comply with under any law; and
(c) the conditions of any relevant development consent or complying development certificate; and
(22) Advanced One will not be liable to you for a failure to comply with clause (21) above, if the failure relates solely to:
(a) a design or specification prepared by or on behalf of the owner of the Premises (but not by or on behalf of Advanced One); or
(b) a design or specification required by the owner of the Premises, if Advanced One has advised the owner of the Premises in writing that the design or specification contravenes clause (21) above.
(23) No Party shall have any liability to the other Party, or any person claiming through or under the other Party, for indirect or consequential loss, including lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms or the Installation Services.
(24) To the extent that any Commonwealth, State or Territory legislation which is applicable to the supply of Installation Services to you requires these Terms to include a particular term or provision (each an Applicable Required Provision), each Applicable Required Provision is taken to be included in these Terms to the extent required.
PRIVACY
(25) The Advanced One Privacy Policy specifies how we will handle your ‘Personal Information’ (as defined in the Privacy Act 1988 (Cth) (Privacy Act) and other information required to be disclosed to you under the Privacy Act. Please read this policy which can be accessed on the Website at https://www.advancedone.com.au/privacy-policy-2/. You consent to the collection and use of Personal Information by Advanced One in order to enable Advanced One to carry on its business, including disclosing Personal Information about you to its subcontractors in relation to providing the Installation Services.
HARVEY NORMAN
(26) You acknowledge and agree that Harvey Norman Holdings Limited ACN 003 237 545 (HNHL), each subsidiary of HNHL, and each Harvey Norman®, Domayne® and Joyce Mayne® franchisee are not a party to these Terms and have no obligation to you with respect to any matters set out in these Terms, including but not limited to the provision of the Installation Services. Nothing in this clause excludes any non-excludable rights that you may have under the CC Act or other written law.
GENERAL
(27) These Terms may only be varied in writing signed by the Parties.

(28) If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms shall have full force and effect and the validity or enforceability of that remainder in any other jurisdiction is not affected.
(29) These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State where the Premises are located and you and Advanced One agree to submit to the exclusive jurisdiction of the courts and tribunals of that State.
(30) If a Party elects not to exercise any of its rights arising as a result of any breach of these Terms, any such election shall not constitute a waiver of any rights of that Party relating to any other breach or any subsequent breach.
(31) You may not assign, transfer or novate its rights, interests or obligations under these Terms, without the prior written consent of Advanced One, which may be refused in the sole discretion of Advanced One. Advanced One may, in its sole direction, assign, transfer, or novate its rights, interests and obligations under these Terms to a third party which is a related party of Advanced One or is a purchaser in connection with the sale of all or part of the business by Advanced One without obtaining your consent.

Contract – Schedule 1

 


 

Item 1. Your details (Customer)

Name:                                                                                                                                                                                                                            

Address:                 _                                                                                                                                                                                                     

Contact number:                                                                                                                                                                                                        

Email address:                                                                                                                                                                                                             

or

Your authorized representative details (if any)

Name:                                                                                                                                                                                                                            

Address:                 _                                                                                                                                                                                                     

Contact number:                                                                                                                                                                                                        

Email address:                                                                                                                                                                                                             

 


Item 2. Advanced One details

Contractor Name:   Advanced One Pty Ltd ACN/ABN: 161 859 552/ 62 161 589 552

Address:  P

Licence Number: 1307036 under the Queensland Building and Construction Commission Act 1991 (Qld) and QLD Electrical Contractor Licence No. 78826 licensed under the Electrical Safety Act 2002 (Qld)

Contact number: 07 3726 1133

Email: info@advancedone.com.au

 

 


Item 3. Contract Price & Deposit

Indicative Price (Installation Services)  $                                                                                               

Contract Price  $                                                                                    

Deposit (if any)  $                                                                                    

Note: Advanced One will only take a deposit amount as permitted under the QBCC Act and QBCC Regulation: 5% where the Contract Price is $20,000 or more OR 10% where the Contract Price is less than $20,000

 


 

Item 4. Installation Date

Installation Date as agreed between the parties:                                                                                                                                                 

 


Important Notice: “Cooling-off” Period

Under Schedule 1B of the QBCC Act you may have the right to withdraw from this Contract during the cooling-off period of 5 business days commencing when you have received a signed copy of the entire Contract. If you wish to withdraw under the ‘cooling-off’ provisions you must give us a signed written notice stating that you withdraw from the Contract under section 35 of Schedule 1B of the QBCC Act (see section 37 of Schedule 1B of the QBCC Act for more details on the procedure for withdrawing).

 


Advanced One Air Conditioner Installation Terms

(Air conditioner installation works in Queensland over $3,300)

DEFINITIONS
(1) In these Terms:
Accepted Invoice has the meaning given in clause (6).
Advertisement means an advertisement published by Advanced One from time to time, for the installation of a Selected System referred to in that Advertisement for the Indicative Price.
Advanced One or our or us or we means Advanced One Pty Ltd ACN 161 859 552 ABN 62 161 589 552 trading as Advanced One Air Conditioning and Electrical Services with Arctick Licence No. AU37346, QBCC Licence No. 1307036 licensed under the Queensland Building and Construction Commission Act 1991 (Qld) and QLD Electrical Contractor Licence No. 78826 licensed under the Electrical Safety Act 2002 (Qld), as further detailed in Item 2 of Schedule 1.
Booking means an offer made by you in response to an invitation to treat by Advanced One in an Advertisement for Advanced One to inspect the Premises, including the proposed Installation Site, and provide Installation Services to you in consideration for you paying the Indicative Price to Advanced One subject to these Terms.
CC Act means Competition and Consumer Act 2010 (Cth).
CC Act Implied Term means, in respect of the supply of Installation Services by Advanced One to you, any term, condition, consumer guarantee or warranty, for the benefit of you, implied by or arising under the CC Act in relation to that sale or supply of those Installation Services, or otherwise implied by any similar written or unwritten law of any State or Territory of Australia.
Indicative Price means an indicative price appearing in an Advertisement for installation of a relevant Selected System, as stated in Item 3 of Schedule 1.
Installation Date means a date agreed between you and Advanced One for the provision of the Installation Services, as stated in Item 4 of Schedule 1.
Installation Site means the location on the Premises where Your Selected System is to be installed pursuant to the Installation Services.
Installation Services means installation services Advanced One provides to you in relation to installing Your Selected System as set out in an Invoice or Accepted Invoice.
Invoice means an invoice provided by Advanced One to you with respect to the Installation Services.
Parties means Advanced One and you and Party means any one of them.
Premises means the premises where the Installations Services are to be provided as specified in an Invoice or Accepted Invoice.
QBCC Act means Queensland Building and Construction Commission Act 1991 (Qld).
QBCC Regulation means Queensland Building and Construction Commission Regulation 2018 (Qld).
Selected System means an inverter split system air conditioning unit referred to in an Advertisement.
Selected Store means a Harvey Norman®, Domayne® or Joyce Mayne® store listed in an Advertisement which is operated by an independent franchisee.
Services Fees means the amount set out in the Invoice or Accepted Invoice for the Installation Services, as varied from time to time in accordance with these Terms or otherwise in writing by you and Advanced One.
Terms means these standard terms and conditions and includes any Invoice or Accepted Invoice.
Website means www.advancedone.com.au.
You or your means the person or entity who makes a Booking with Advanced One, as set out in Item 1 of Schedule 1.
Your Offer has the meaning given in clause (3).
Your Selected System means the Selected System purchased by you from a Selected Store.
CONDITIONS PRECEDENT
(2) If you make a Booking with Advanced One, Advanced One will inspect the Premises, including the Installation Site, to assess, in the sole discretion of Advanced One, if each of the following conditions are satisfied:
(a) none of the following is required to carry out the Installation Services:
(i) more than 3 metres of copper piping from the compressor to the air conditioning unit;
(ii) more than 15 metres of electrical cabling from the power box (near the compressor) to the air conditioning unit;

(iii) more than 2 metres of capping or plastic tubing used to cover cords/wires from the compressor/power box to the air conditioning unit;
(iv) copper piping;
(v) electrical wiring;
(vi) wall brackets;
(vii) a peak smart meter or an extra peak smart meter;
(viii) a 10amp dedicated line;
(ix) decommissioning an existing air conditioning unit on the Premises;
(x) a side exit for the piping to run from the side of the air conditioning unit rather than from the base or the back of the air conditioning unit;
(xi) an outdoor base for the Selected System;
(b) the Premises are a single storey dwelling only and are not an apartment or unit or other type of strata title property;
(c) the Premises are located within the area specified in the relevant Advertisement;
(d) the Installation Site is not double brick or concrete;
(e) there is no asbestos on the Premises;
(f) the Premises are safe and not contaminated;
(g) the Premises, including the Installation Site, are able to support the installation work to be carried out under the Installation Services;
(h) you purchased Your Selected System from a Selected Store;
(i) the Premises are located within a distance of 20 kilometres from the Selected Store where you purchased Your Selected System; and
(j) the information you have provided to Advanced One in relation to Advanced One considering whether to provide Installations Services to you is correct and complete,
(collectively Conditions Precedent and each a Condition Precedent).
YOUR OFFER
(3) If each of the Conditions Precedent are satisfied, then Advanced One may, in its sole discretion, elect to accept your offer in your Booking for Advanced One to provide Installation Services to you in consideration for you paying the relevant Indicative Price to Advanced One subject to these Terms (Your Offer) by providing you with an Invoice for the relevant Indicative Price which will be payable by you in accordance with these Terms. The agreement formed by Advanced One accepting Your Offer will be deemed to incorporate these Terms and the Invoice. You will sign the Invoice at that time.
(4) If Advanced One elects not accept Your Offer, then:
(a) Advanced One has no obligation to provide any Installation Services to you;
(b) you have no right to require Advanced One to provide the Installation Services to you; and
(c) Advanced One will promptly return to you any deposit paid by you to Advanced One.
(5) The Indicative Price:
(a) includes provision of one circuit breaker and one isolation switch; and
(b) expressly excludes dealing with or providing any of the items listed in clause (2) above, delivery of Your Selected System to the Premises and removal or disposal of an existing air conditioning unit or appliance.
(6) If any of the Conditions Precedent are not satisfied, then Advanced One may, in its sole discretion offer to provide you with a cost to provide any material or labour (or both) not covered by the Indicative Price (Extra Services), to carry out the Installation Services (Extra Cost). That Extra Cost will be included in an Invoice in addition to the relevant Indicative Price and may be accepted by you by signing the Invoice. If you sign that Invoice (Accepted Invoice), the agreement formed by you signing that Invoice will be deemed to incorporate these Terms and the Accepted Invoice.
PRICE AND PAYMENT
(7) All prices in an Invoice or Accepted Invoice are inclusive of GST.

(8) A maximum 10% deposit is payable by you to Advanced One on making a Booking by credit card. The balance of the Services Fees, including any Extra Cost, are payable by you on completion of the Installation Services by credit card to Advanced One or its subcontractor which provides the Installation Services.
SUBCONTRACTING
(9) You acknowledge that Advanced One may in its sole discretion sub-contract the performance of all or any part of the Installation Services to third parties.
WHAT YOU MUST DO
(10) You must:
(a) before the Installation Date, advise Advanced One if you suspect or are aware that the Premises contains asbestos;
(b) on the Installation Date, provide Advanced One with necessary and reasonable access to the Premises and Your Selected System to allow Advanced One to carry out the Installation Services;
(c) at your sole cost and expense, ensure that any plumbing, electrical or carpentry works required to be carried out in order for Advanced One to perform the Installation Services have been carried out prior to the Installation Date;
(d) ensure that the Premises:
(i) are safe and easily accessible by Advanced One;
(ii) are cleared and free of any obstacles or obstructions that may impede or delay the provision of Installation Services;
(iii) have a water inlet within 1.5 metres of the Installation Site;
(iv) has the necessary electrical supply connected to the point of installation at the Installation Site; and
(v) are free from any hazardous materials or substances;
(e) be on the Premises on the Installation Date while the Installation Services are being provided in case Advanced One requires any instructions from you in relation to the Installation Services; and
(f) ensure that immediately prior to Advanced One undertaking the Installation Services:
(i) you own Your Selected System free from all encumbrances; and
(ii) Your Selected System is new and unused and still contained in its original packaging.
(11) If you are in breach of one or more of the obligations specified in clause (10) (Breach), then Advanced One may in its sole discretion do either or both of the following:
(a) suspend indefinitely, or delay the provision of all or any Installation Services until you rectify the Breach at no cost or liability to Advanced One;
(b) require that you pay, and you must pay, Advanced One any additional fees, charges, disbursements and out-of-pocket expenses incurred by Advanced One as a result of the Breach.
(12) After the provision of Installation Services, you must ensure that Your Selected System is maintained, serviced and used in accordance with the specifications provided by the manufacturer of Your Selected System.
CHANGES AND CANCELLATIONS
(13) You must provide at least 24 hours notice prior to the Installation Date to change, cancel or reschedule the Installation Date. If you do not provide the required notice, or if you are not on the Premises on the Installation Date at the time booked in for the Installation Services, then Advanced One may in its sole discretion charge you a cancellation or rescheduling fee of $88.
WHAT ADVANCED ONE WILL DO
(14) Advanced One will:
(a) provide any Installation Services:
(i) in accordance with these Terms and the terms set out in any Invoice or Accepted Invoice;
(ii) with all due skill and care to the best of its knowledge and expertise;
(iii) in a proper and workmanlike manner; and
(iv) in accordance with any relevant legal and regulatory requirements;
(b) use materials, equipment, workmanship and methods that are suitable for the purposes of providing the Installation Services.

(15) Advanced One will use its best endeavours to provide the Installation Services in a timely manner, however Advanced One will not be liable for any delay in providing Installation Services if such delay is caused by circumstances beyond the reasonable control of Advanced One.
(16) You acknowledge that Advanced One has not sold or supplied Your Selected System to you and is only providing the Installation Services.
LIMITATION OF LIABILITY
(17) Advanced One acknowledges that the QBCC Act, QBCC Regulation, CC Act and other State and Territory legislation confer certain rights and remedies on you in relation to the supply by Advanced One to you of Installation Services, pursuant to these Terms, or otherwise, which cannot be excluded, restricted or modified by agreement (Non-Excludable Rights). Advanced One does not exclude any Non-Excludable Rights but does exclude all other terms, conditions, guarantees and warranties implied by the written or unwritten law in relation to any sale or supply by Advanced One to you of Installation Services.
(18) Subject to law, Advanced One makes no representation and gives no warranty in relation to any supply of Installation Services by Advanced One to you.
(19) You acknowledge that you have not relied upon any representation or warranty made by or on behalf of Advanced One in relation to any sale or supply of Installation Services pursuant to these Terms, and will not rely upon any representation or warranty made by or on behalf of Advanced One in relation to any future sale or supply of Installation Services by Advanced One to you, which is not expressly agreed in writing by Advanced One prior to the sale or supply of the Installation Services, subject in all respects to the written law.
(20) To the extent permitted by law, in respect of each sale or supply of Installation Services by Advanced One to you:
(a) each CC Act Implied Term is expressly excluded; and
(b) the liability of Advanced One is limited to the cost of resupplying the Installation Services.
(21) No Party shall have any liability to the other Party, or any person claiming through or under the other Party, for indirect or consequential loss, including lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms or the Installation Services.
(22) To the extent that any Commonwealth, State or Territory legislation which is applicable to the supply of Installation Services to you requires these Terms to include a particular term or provision (each an Applicable Required Provision), each Applicable Required Provision is taken to be included in these Terms to the extent required.
WARRANTIES UNDER SCHEDULE 1B OF QBCC ACT
(23) To the extent required by Schedule 1B of the QBCC Act, the Contractor warrants that:
(a) the Installation Services will be carried out in an appropriate and skilful way and with reasonable care and skill and reasonable diligence;
(b) if applicable, all materials supplied will be of good quality and suitable for the purpose for which they are used and that all materials used will be new unless these Terms expressly provide otherwise;
(c) the Installation Services will be carried out in accordance with all relevant laws and legal requirements including, but not limited to the QBCC Act, QBCC Regulation and the Building Act 1975;

(d) the Installation Services will be carried out in accordance with plans, specifications or ancillary documents which form part of these Terms (if any);
(e) any estimate included in the Contract has been calculated with reasonable care and skill, having regard to all the information reasonably available when these Terms were entered into.
PRIVACY
(24) The Advanced One Privacy Policy specifies how we will handle your ‘Personal Information’ (as defined in the Privacy Act 1988 (Cth) (Privacy Act) and other information required to be disclosed to you under the Privacy Act. Please read this policy which can be accessed on the Website at https://www.advancedone.com.au/privacy-policy-2/. You consent to the collection and use of Personal Information by Advanced One in order to enable Advanced One to carry on its business, including disclosing Personal Information about you to its subcontractors in relation to providing the Installation Services.
HARVEY NORMAN
(25) You acknowledge and agree that Harvey Norman Holdings Limited ACN 003 237 545 (HNHL), each subsidiary of HNHL, and each Harvey Norman®, Domayne® and Joyce Mayne® franchisee are not a party to these Terms and have no obligation to you with respect to any matters set out in these Terms, including but not limited to the provision of the Installation Services. Nothing in this clause excludes any non-excludable rights that you may have under the CC Act or other written law.

GENERAL
(26) These Terms may only be varied in writing signed by the Parties.
(27) If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms shall have full force and effect and the validity or enforceability of that remainder in any other jurisdiction is not affected.
(28) These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State where the Premises are located and you and Advanced One agree to submit to the exclusive jurisdiction of the courts and tribunals of that State.
(29) If a Party elects not to exercise any of its rights arising as a result of any breach of these Terms, any such election shall not constitute a waiver of any rights of that Party relating to any other breach or any subsequent breach.
(30) You may not assign, transfer or novate its rights, interests or obligations under these Terms, without the prior written consent of Advanced One, which may be refused in the sole discretion of Advanced One. Advanced One may, in its sole direction, assign, transfer, or novate its rights, interests and obligations under these Terms to a third party which is a related party of Advanced One or is a purchaser in connection with the sale of all or part of the business by Advanced One without obtaining your consent.

Signed and accepted by or on behalf of You (customer):

 

___________________________                                                    ___________________________
Name:                                                                                                 Witness Name:  
Dated:                                                                                                 Dated:

 

Signed and accepted by or on behalf of Advanced One:

 

___________________________
 Name:
Position:

Dated:

 

___________________________
Witness Name:
Dated: