General Terms and Conditions

  1. I verify the information supplied by me, pertaining to the scope of works of installation, are true and correct and understand that any details supplied by me that are not correct will void the paid or quoted installation cost.
  2. Advanced one will subcontract the performance of the Services to a third party. The Service Personnel who attend at the premises will be contractors engaged by Advanced one to perform the Services, or employees or sub-contractors of such contractors.
  3. No claims for repair or service will be recognized without prior written consent from Advanced One.
  4. Installation dates are estimated and Advanced One will not be held responsible for delays beyond our control.
  5. Prices quoted or paid are valid for 30 days from date of customer order.
  6. All installations must be paid in full prior to any works commencing.
  7. All conditions are subject to customers rights under relevant consumer protection laws.
  8. Any defect or damage which is a result of repair, alteration or modification carried out without the written permission of Advanced one, the warranty will not apply in the following cases.
  9. Warranty will not cover if the appliance is damages because of operating the appliance incorrectly or when it was known to be defective.
  10. Warranty will not cover when damage is caused directly or indirectly by utility supply problems, lack of user care, electrical storm damage or incorrect power supply.
  11. In the event of a cancellation of installation while on site or a revisit is required, a non-refundable amount of $120 is payable.
  12. Installation is guaranteed for 12 months only from date of installation of the installers original works and does not cover any alterations after the original works including service works performed by 3rd parties. Warranty covers only materials supplied by the installer (not the Appliance unit). We do not warranty any affects caused by vermin, insects, or natural influences.
  13. While all care is taken during installation process, Advanced One cannot be held responsible for the integrity of the property subject to standard installation process, and any damage incurred during the process (eg. roof tiles, brick work, render, plaster walls)
  14. Advanced One can only install new appliances still presented in their original packaging.
  15. No claim for repairs or damage will be recognized after 72 hours from completion of works.
  16. The customer must make contractors aware of any known ASBESTOS on property prior to commencement of works. If ASBESTOS is found or suspected, all works will cease until an inspection is arranged by owner to verify the risk.
  17. Advanced One is not responsible for issues concerning body corporate matters. It is the responsibility of the customer to obtain the relevant authority prior to installation

Standard Cooking Appliances Installation Inclusions

An Advanced One standard installation is as outlined above.
Additional Extras include but are not limited to:

  • Prices valid for “like for like” change over of the listed appliances only- not new installations or any modifications- additional cost will be charged.
  • Existing supply circuits must meet current regulations, including correct size cable, existing functional switch adjacent to appliance and protection by safety switch – or additional costs will be charged.
  • New appliances must fit the existing cabinetry – size or additional costs will be charged.
  • Additional cost will be charged for pickup of Appliance from Harvey Norman where goods purchased.

Standard split system air conditioner Installation Inclusions

An Advanced One standard installation is as outlined above.
Additional Extras include but are not limited to:

  • Additional refrigerant piping or electrical cable outside standard inclusions.
  • Installation on 2nd storey or above.
  • Side wall penetration.
  • Wall or roof brackets for outdoor unit (except Darwin)
  • Crane or lift hire
  • Installation indoor unit on internal wall
  • Upgrading of switchboards or mains.
  • Installation in concrete walls.

Note: Advanced One is not responsible for issues concerning body corporate
matters. It is the responsibility of the customer to obtain the relevant authority prior to installation

 

Privacy statement:

  1. PRICE

1.1  The price payable by the customer to Advanced One for the product/s is the price specified in the order confirmation.

 

  1. PAYMENT

2.1 100% of the price is payable upon submission of the order by the customer via credit card (Visa or Mastercard only)

 

  1. PRODUCT INSTALLATION

3.1 Upon confirmation by a customer, Advanced One will arrange for the installation of Oven, Cooktops, Upright Ovens, Split system air conditioners within 3 to 7 business days at the customer’s premises within metropolitan areas of Brisbane, provided that the required services are available. Advanced One does not certify fitness of use for intended purpose and this is the customer’s responsibility to satisfy and understand the intended product use.

3.2 Product Installation is based on a like for like replacement and does not include any upgrades to plumbing, electrical or carpentry work to facilitate install. These works if required need to be discussed with the installers at the customer’s site and price agreed and paid prior to commencement of install.

3.3 Installation means that the products will be installed in accordance with the customer supplied instruction manual. Only Products that are approved and compliant to Australian standards and carry proper Approval nos. and requisite labels will be installed.

3.4 Customer prior to agreeing a time for install with the agent coming to install at site will need to ensure the following has been carried out,

  • Inspection of appliance(s) for any existing damage or defect.
  • The location where the appliance(s) are to be installed should be inspected by the customer prior to installation to ensure that they are free from any defects or obstructions and existing appliances can be easily removed by the installer.
  • The customer must advise Advanced One prior to the date of installation of any obstructions which may prevent or hinder the installation including, but not limited to:
  • Access obstructions;
  • Lack of power / distance to power inlet;
  • Lack of water / distance to water inlet;
  • Water Drain Outlet
  • Hazardous materials / substances located at the premises; and
  • Flooring deficiencies.

Failure to carry out the above leading to delays or inability to carry out the install will incur additional charges / call out fee and to be paid prior to the products being installed.

 

  1. WARRANTY

4.1 Advanced One warrants that the install will be free from defects in its workmanship for a period of 12 months. Any changes to the original installation will void the warranty.

4.2 Advanced One is not liable for any indirect, special or consequential loss or damage arising in any way in relation to any manufacturing defect or use of, the product/s.

 

  1. PRIVACY

5.1 Advanced One will collect and deal with the customer’s personal information that includes name, address, telephone contact or personal details only in accordance with the Privacy Act 1988.

5.2   Advanced One may disclose personal information to its related install companies which assist Advanced One in providing services to its customers.

5.3   You may be linked or directed to other third party web sites outside the Advanced One website, while you are using the site. The respective third parties may have privacy policy different from that of Advanced One. Advanced One is not responsible for any actions or policies of such third parties. These other web sites may send their own cookies to users, collect data or solicit personal information. You should review the applicable privacy policies of these third party web sites before providing your personal information.

 

  1. GOVERNINGLAW

6.1   This agreement is subject to the laws of the State of QLD, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State.

 

  1. REFUNDPOLICY

When ordering installation services from Advanced One you agree to be bound by Advanced One Refund Policy.

 

Refund

You may by written notice to Advanced One cancel your Order for installation services by Advanced One within 24 hours of placing that order prior to installation by Advanced One If you cancel your Order as provided above, Advanced One will refund the Installation Cost after deduction of all reasonable costs (including merchant facility fees, and administrative costs) incurred by Advanced One as a consequence of cancelling your Order. If the customer cancels an installation after the installer has attended the premises, a cancellation fee of $88 incl GST is payable, plus any works carried out to date prior to the cancellation.

NOTE Credit card refunds may take up to 4 working days to appear on the client’s statement.

 

Cancellation

Written requests for cancellation of an Order should be sent to:
Advanced One Pty Ltd
PO Box 944, Sunnybank, QLD 4109
Form of Refunds

A refund will be provided by the original means of payment. In cases of a credit card payment, the refund can only be processed against the original credit card used for the payment. In cases of finance, Advanced One shall inform the finance company of the cancellation.

Credit card refunds can take up to 5 working days to reach a card holders account.

 

Policy Variation

This policy may be changed from time to time by Advanced One at its sole discretion. This Refund Policy may be updated from time to time on this website with the applicable Refund Policy being that published on this website at the time of placing your Order.

In Queensland, all installation works cannot exceed $3300 (inc GST).

Copyright © 2019. Advanced One All Rights Reserved

 

 

 

Offer Terms – Queensland (Advanced One)

DEFINITIONS

  • In these Terms:

Accepted Invoice has the meaning given in clause (6).

Advertisement means an advertisement by Advanced One which first appears in a Selected Store, the Courier Mail and on the Website on Saturday 9 November 2019 for the installation of an inverter split system air conditioning unit referred to in the Advertisement for an Indicative Price.

Advanced One or our or us or we means Advanced One Pty Ltd ACN 161 859 552 trading as Advanced One with QBCC Licence No. 1307036, Arctick Licence No. AU37346 and QLD Electrical Contractor Licence No. 78826.

Booking means an offer made by you in response to an invitation to treat by Advanced One in the 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 the Advertisement for installation of a relevant Selected System as follows:

  • for a 2.5 to 3.5 kilowatt Selected System – $499.
  • for a 5 to 7 kilowatt Selected System – $599.
  • for a 8 to 9 kilowatt Selected System – $699.
  • for an ASTG30/34 kilowatt Selected System – $799.

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 to provide Installation Services to you.

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 condition unit referred to in the Advertisement.

Selected Store means a Harvey Norman®, Domayne® or Joyce Mayne® store operated by an independent franchisee located in Queensland.

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

  • If you make a Booking with Advanced One, then 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:
  • none of the following is required to carry out the Installation Services:
    1. more than 3 metres of copper piping from the compressor to the air conditioning unit;
    2. more than 15 metres of electrical cabling from the power box (near the compressor) to the air conditioning unit;
    3. more than 2 metres of capping or plastic tubing used to cover cords/wires from the compressor/power box to the air conditioning unit;
    4. copper piping;
    5. electrical wiring;
    6. wall brackets;
    7. a peak smart meter or an extra peak smart meter;
    8. a 10amp dedicated line;
    9. decommissioning an existing air conditioning unit on the Premises;
    10. 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;
    11. an outdoor base for the Selected System;
  • the Premises are a single storey dwelling only and are not an apartment or unit or other type of strata title property;
  • the Premises are located in Queensland;
  • the Installation Site is not double brick or concrete;
  • there is no asbestos on the Premises;
  • the Premises are safe and not contaminated;
  • the Premises, including the Installation Site, are able to support the installation work to be carried out under the Installation Services;
  • you purchased Your Selected System from a Selected Store;
  • the Premises are located within a distance of 20 kilometres from the Selected Store where you purchased Your Selected System; and
  • 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

  • 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.
  • If Advanced One elects not to accept Your Offer, then:
  • Advanced One has no obligation to provide any Installation Services to you;
  • you have no right to require Advanced One to provide the Installation Services to you; and
  • Advanced One will promptly return to you any deposit paid by you to Advanced One.
  • The Indicative Price:
  • includes provision of one circuit breaker and one isolation switch; and
  • 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.
  • 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 accepting will be deemed to incorporate these Terms and the Accepted Invoice.

PRICE AND PAYMENT

  • All prices in an Invoice or Accepted Invoice are inclusive of GST.
  • 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

  • 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

  • You must:
  • before the Installation Date, advise Advanced One if you suspect or are aware that the Premises contains asbestos;
  • 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;
  • 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;
  • ensure that the Premises:
  • are safe and easily accessible by Advanced One;
  • are cleared and free of any obstacles or obstructions that may impede or delay the provision of Installation Services;
  • have a water inlet within 1.5 metres of the Installation Site;
  • has the necessary electrical supply connected to the point of installation at the Installation Site; and
  • are free from any hazardous materials or substances;
  • 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
  • ensure that immediately prior to Advanced One undertaking the Installation Services:
  • you own Your Selected System free from all encumbrances; and
  • Your Selected System is new and unused and still contained in its original packaging.
  • 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:
  • 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; and/or
  • 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.
  • 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

  • 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

  • Advanced One will:
  • provide any Installation Services:
  • in accordance with these Terms and the terms set out in any Invoice or Accepted Invoice;
  • with all due skill and care to the best of its knowledge and expertise;
  • in a proper and workmanlike manner; and
  • in accordance with any relevant legal and regulatory requirements;
  • use materials, equipment, workmanship and methods that are suitable for the purposes of providing the Installation Services.
  • 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.
  • 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

  • Advanced One acknowledges that the CC Act and similar 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.
  • 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.
  • 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.
  • To the extent permitted by law, in respect of each sale or supply of Installation Services by Advanced One to you:
  • each CC Act Implied Term is expressly excluded; and
  • the liability of Advanced One is limited to the cost of resupplying the Installation Services.
  • To the extent that the Building Act 1975 (QLD) applies to any of the Installation Services performed pursuant to these Terms (Relevant Installation Services), the Relevant Installation Services will comply with:
  • the Building Code of Australia (including any regulation or other instrument made under that Act); and
  • all other relevant codes, standards and specifications that the work is required to comply with under any law; and
  • the conditions of any relevant development consent or complying development certificate
  • Advanced One will not be liable to you for a failure to comply with clause (21) above, if the failure relates solely to:
  • 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
  • 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.
  • 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.

PRIVACY

  • 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. 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.

GENERAL

  • These Terms may only be varied in writing signed by the Parties.
  • 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.
  • These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales and you and Advanced One agree to submit to the exclusive jurisdiction of the courts and tribunals of that State.
  • 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.
  • 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.

 

Offer Terms – Victoria  (Advanced One)

DEFINITIONS

(1) In these Terms:

Accepted Invoice has the meaning given in clause (6).

Advertisement means an advertisement by Advanced Onewhich first appears in a Selected Store from 16 November 2019 for the installation of an inverter split system air conditioning unit referred to in the Advertisement for an Indicative Price.

Advanced One or our or us or we means Advanced One Pty Ltd ACN 161 859 552 trading as Advanced One withEnergy Safe Victoria Licence No. A58588, REC Registration No. 28462, licensed under the Electrical Safety Act 1998 (Vic).

Booking means an offer made by you in response to an invitation to treat by Advanced One in the 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 the Advertisement for installation of a relevant Selected Systemas follows:

(a) for a 2.5 kilowatt Selected System – $499.  
(b) for a 3.5 to 7 kilowatt Selected System – $599.  
(c) for a 8 to 9 kilowatt Selected System – $699.  
(d) for an ASTG30/34 kilowatt Selected System – $799.
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 to provide Installation Services to you.
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 condition unit referred to in the Advertisement.
Selected Store means a Harvey Norman® store operated by an independent franchisee located in Victoria.
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.
You or your means the person or entity who makes a Bookingwith 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, then 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:
(e) none of the following is required to carry out the Installation Services:
a. more than 3 metres of copper piping from the compressor to the air conditioning unit;
b. more than 15 metres of electrical cabling from the power box (near the compressor) to the air conditioning unit;
c. more than 2 metres of capping or plastic tubing used to cover cords/wires from the compressor/power box to the air conditioning unit;
d. copper piping;
e. electrical wiring;
f. wall brackets;
g. a peak smart meter or an extra peak smart meter;
h. a 10amp dedicated line;
i. decommissioning an existing air conditioning unit on the Premises;
j. a side exit for the piping to run from the side of the air conditioning unit rather than from the base or the backof the air conditioning unit;
k. an outdoor base for the Selected System;
(f) the Premises are a single storey dwelling only and are not an apartment or unit or other type of strata title property;
(g) the Premises are located in Victoria;
(h) the Installation Site is not double brick or concrete;
(i) there is no asbestos on the Premises;
(j) the Premises are safe and not contaminated;
(k) the Premises, including the Installation Site, are able to support the installation work to be carried out under the Installation Services;
(l) you purchased Your Selected System from a Selected Store;
(m) the Premises are located within a distance of 20 kilometres from the Selected Store where you purchased Your Selected System; and
(n) 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 to accept Your Offer, then:
(a) Advanced One has no obligation to provide anyInstallation 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 provideyou 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 accepting 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 youon 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 yoususpect 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 YourSelected 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 Oneundertaking 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:
(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; and/or
(b) require that you pay, and you must pay, Advanced Oneany 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 similar State and Territory legislation confer certain rights and remedies on you in relation to the supply by Advanced Oneto you of Installation Services, pursuant to these Terms, or otherwise, which cannot be excluded, restricted or modified by agreement (Non-Excludable Rights). Advanced Onedoes 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 Oneprior 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 the Building Act 1993 (VIC) 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
(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.

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.  You consentto 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.  

GENERAL

(25) These Terms may only be varied in writing signed by the Parties.
(26) 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.
(27) These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales and you and Advanced One agree to submit to the exclusive jurisdiction of the courts and tribunals of that State.
(28) 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.
(29) 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 solediscretion 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. {AKB/01984429:1}