Air Conditioning Unit Installation Terms & Conditions (Advanced One)

DEFINITIONS

(1) In these Terms:
Accepted Invoice has the meaning given in clause (6).
Advertisement means an advertisement by Advanced One which may appear in a Selected Store from time to time for the installation of an inverter split system air conditioning unit referred to in the Advertisement for a relevant Indicative Price.

Advanced One or our or us or we mean, Advanced One Pty Ltd (ACN 161 859 552) trading as Advanced One Installation Experts

 

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.

Building Act means, the Building Act 2004.

CG Act refers to the Consumer Guarantees Act 1993 (NZ).

CG 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 CG ACT in relation to that sale or supply of those Installation Services, or otherwise implied by any similar written or unwritten law of New Zealand.

Failure to pay means, failure by the customer to make full and timely payment for the Installation Services provided by Advanced One, as outlined in these terms including any amounts due on the day of installation, or as otherwise specified in the agreement between the Parties.

Indicative Price means an indicative price appearing in the Advertisement for installation of a relevant selected air conditioning unit.

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 Air Conditioning unit 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 Air Conditioning unit 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 air conditioning unit referred to in the Advertisement.

Selected Store means a Harvey Norman store located in New Zealand.

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.co.nz

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 Air Conditioner means the selected air conditioning unit 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 on the day of installation, including the installation site, to assess, in the sole discretion of Advanced One. If any of the following conditions are not satisfied, the work cannot proceed: health and safety concerns that pose risks to our installers or others, including the presence of asbestos, which is beyond the scope of our practice; disagreement on pricing; or the presence of an abusive or aggressive customer.

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 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) installation of the air conditioning unit with up to 3 metres copper piping for the compressor to the air conditioning unit.
(c) up to 10 metres of electrical cabling for the power box (near the compressor) to the air conditioning unit.

 

 

 

(6) If any of the condition’s 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

(7) All prices stated in Invoices or Accepted Invoices include GST. Please be advised that the pricing outlined pertains solely to domestic installations. For commercial installations, pricing may be subject to adjustment following assessment by our technicians.

(8) A maximum deposit of 10% is required upon Booking using a visa card or master card. For services related to cooking and dishwashers, full payment is due on the day of Booking. For all other services, including any additional costs incurred, the balance of the Service Fees is payable by visa card or master card on the day of completion of the Installation Services. It is imperative that the balance payment be settled on the day of installation. In the event of non-payment.

FAILURE TO PAY

(9) Payment Deadline: Payment must be made at the latest on the day of installation. Any payments made later, unless agreed upon through a formal arrangement between Advanced One and you, shall be considered a breach of contract.

(10) Debt Collection: eCollect and its servants or agents will be our exclusive agent for the purpose of collecting one or more debts listed or to be listed on the eCollect database (“the Debts”) and is engaged to perform all acts necessary to recover the Debts including instructing our associated legal firm E C Legal to send demand letters on our behalf.

(11) Cost Responsibility: All costs associated with the debt recovery process, including legal fees, shall be the responsibility of you.

 

SUBCONTRACTING

(12) 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

(13) 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 Air Conditioning Unit 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) has the necessary electrical supply connected to the point of installation at the Installation Site; and
(iv) 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 Air Conditioning Unit free from all encumbrances; and
(ii) Your Selected Air Conditioning Unit is new and unused and still contained in its original packaging.

(14) If you are in breach of one or more of the obligations specified in clause thirteen, 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 One any additional fees, charges, disbursements, and out-of-pocket expenses incurred by Advanced One as a result of the breach.

(15) After the provision of Installation Services, you must ensure that Your Selected Air Conditioning Unit is maintained, serviced, and used in accordance with the specifications provided by the manufacturer of Your Selected Air Conditioning Unit.

CHANGES, CANCELLATIONS AND RESCHEDULING

(16) You must provide at least 48 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 $110 (inc. GST). This fee will be applied in cases where the technician visits the premises, advises of additional requirements or extras, and the customer subsequently cancels the appointment.

 

INDOOR AND OUTDOOR UNIT LOCATIONS:

(17)

1. a) Location Confirmation: The location of indoor and outdoor units, including the scope of work, must be finalized on-site with the persons present at the Installation Site. Only the person present on-site will provide consent unless otherwise advised in advance. Instructions regarding the location of the unit must be documented in writing and confirmed by a photograph showing the placement of the unit.
2. b) Adjustments Post-Installation: Any adjustments required to be made to the installation after the initial date of installation will be considered separate services and will incur additional charges. Such adjustments must be completed by the technician who initially installed the unit, unless advised by Advanced One.
3. c) Request for Adjustments: Requests for adjustments must be made within seven (7) days after the completion of the installation.

 

 

 

 

 

WHAT ADVANCED ONE WILL DO

(18) 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.

(19) Advanced One will use its best endeavors 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.

LIMITATION OF LIABILITY

(20) Advanced One acknowledges that the CG Act and similar 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.

(21) 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.

(22) 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.

(23) To the extent permitted by law, in respect of each sale or supply of Installation Services by Advanced One to you:
(a) each CG Act Implied Term is expressly excluded; and
(b) the liability of Advanced One is limited to the cost of resupplying the Installation Services.

(24) In the context of this clause (Clause 24), Advanced One shall not be liable for any failure to comply with its provisions under the following circumstances:
(a) If the failure is solely attributable to a design or specification prepared by or on behalf of the owner of the Premises (excluding designs or specifications created by or on behalf of Advanced One).
(b) If the failure is a result of a design or specification mandated by the owner of the Premises, provided that Advanced One has previously notified the owner in writing of the non-compliance with this very Clause 24.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.

(25) To the extent that the Building Act 2004 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 New Zealand  (including any regulation or other instrument made under Building 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

 

CHARGES IN THE ABSENSE OF INSTALLATION ISSUES:

(27) Advanced One reserves the right to charge the customer for investigation costs in the event that an error with the unit is found not to be an installation error.

PRIVACY

(28) The Advanced One Privacy Policy specifies how we will handle your ‘Personal Information’ (as defined in the Privacy Act 2020 (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

(29) These Terms are subject to change at any time without prior notice, and such changes shall be effective without the need for a written agreement 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.

(30) These Terms shall be governed by and construed in accordance with the laws for the time being in force in New Zealand and you and Advanced One agree to submit to the exclusive jurisdiction of the courts and tribunals.

(31) 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.

(32) 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.