In these Installation Terms and Conditions (“Installation Terms”), “we” or “us” means Winning
Services Pty Ltd
(ABN 34 152 213 039) and “you” means the person, organisation or entity that purchased our
read through these Installation Terms carefully as they form the agreement under which we will
ervices to you.
- Our Services
- If you have ordered our installation services at the time you purchased your
appliance, we will
provide you with our standard installation services with respect to the
appliance you purchased
- If you require extra cabinetry, electrical and plumbing work that is not
included in our
Installation Services (“Additional Services”), additional charges will apply.
Our installer will
provide a written quote which will require your acceptance before we can
schedule and carry out any
- We will provide all our services with due care and skill and in accordance with
laws and regulations.
- We will provide the services on a date agreed between you and us. If you need to
scheduled date, please contact our Customer Service Team at least 48 hours
before the scheduled
date. Otherwise we may charge you a call out fee of $150.
- We cannot commit to an exact time for the supply of services on the scheduled
date. We will contact
you on the morning of the date between 7am and 10 am with an approximate time
window. If our
installers come after 11am, we will contact you again when our installers are
- Price and Payment
- The price of the Installation Services on our current price list with respect to
appliance is for the standard installation of the appliance only. All prices are
inclusive of GST.
- The price for any Additional Services will be provided in a written quote and
charged at a price
agreed between you and us.
- We accept payment by bank cheque (in Australian dollars only), American Express,
and EFT transfer received by us in advance of services.
- Warranties and Limitation of Liabilities
- All installations performed by Winning Services Pty Ltd come with a 12 month
workmanship from the date the installation was completed.
- Nothing in these Installation Terms limits or excludes any guarantees,
or conditions implied or imposed by law, including the Australian Consumer Law
(or any liability under them) which by law may not be limited or excluded. If
you are a “consumer”
within the meaning of the ACL, we give the guarantees to the extent required by
(“Consumer Guarantees”) with respect to our services.
- To the extent permitted by law, any warranties given by us will be void and of
no effect if the
breach of warranty arises out of, in whole or in part:
- the fault or negligence of any person other than us;
- improper use of the appliance installed by us;
- any modifications or alterations of the appliance installed by us;
- causes beyond our control such as, but not limited to, power failure,
electric power surges or
- your failure to comply with any reasonable guidelines, instructions or
by the manufacturer with respect to the appliance installed by us.
- Subject to this clause 3, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which
are not expressly
stated in these Installation Terms are excluded;
- we will not be liable for any special, indirect or consequential loss or
damage (unless such
loss or damage is reasonably foreseeable resulting from our failure to
meet an applicable
Consumer Guarantee), loss of profit or opportunity, damage to goodwill,
loss of data (including
loss of data stored on any media contained within electronic or
computing products), arising out
of or in connection with our services or these Installation Terms
(including as a result of not
being able to use the appliances or the late supply of the services), or
the need to recover,
re-program or reproduce any program or data stored in or used with the
appliances installed by
us, whether at common law, under contract, tort (including negligence),
in equity, pursuant to
statute or otherwise; and
- our total liability arising out of or in connection with our services or
Terms, however arising, including under contract, tort (including
negligence), in equity, under
statute or otherwise, will not exceed the total price paid by you for
the purchase of the
services under these Installation Terms.
- Where by law we are unable to exclude terms, guarantees, warranties,
representations or conditions
but are able to limit them, to the extent permissible by law we limit our
liability for any breach,
at our option, to supplying the services again or the cost of having the
services supplied again.
- These Installation Terms form the entire agreement between you and us and,
unless expressly agreed
to in writing by us, no terms or conditions of yours, including any Terms or
Conditions printed or
referred to in your offer to purchase or order (if any) will be binding on us or
have any legal
- We may change any provision in these Installation Terms without notice so we
advise that, even if
you are a frequent purchaser from us, you check these Installation Terms
whenever you want to
purchase our services. Any change of these Installation Terms will only apply to
None of our agents or employees or any third parties have any authority to
- We will not be liable for any delay or failure to perform our obligations under
Terms if such delay is due to any circumstance beyond our reasonable control. If
we are delayed from
performing our obligations due to such a circumstance for a period of at least 3
months, we may
terminate our agreement with you by giving you 5 business days’ written notice.
- You must not assign any rights and obligations under these Installation Terms
whether in whole or in
part without our prior written consent.
- Any notice in connection with these Installation Terms will be deemed to have
been duly given when
made in writing and delivered or sent by email, facsimile or post to the party
to whom such notice
is intended to be given or to such other address, email address or facsimile
number as may from time
to time be notified in writing to the other party.
- If any provision of these Installation Terms is invalid, illegal or
Installation Terms take effect (where possible) as if they did not include that
- Any failure by a party to insist upon strict performance by the other of any
provision in these
Installation Terms will not be taken to be a waiver of any existing or future
rights in relation
to the provision.
- These Installation Terms are governed by the laws of New South Wales, Australia.
The parties each
agree to submit to the non-exclusive jurisdiction of the courts of New South
If you need to contact us for any reason, please do so using the contact details below:
Customer Service Team
Telephone: 1300 020 020