The following terms and conditions will apply between JB Hi-Fi Group Pty Ltd ABN 37 093 114 286 (“JB Hi-Fi”) and “you”, for the delivery by JB Hi-Fi of TVs purchased by you from JB Hi-Fi which JB Hi-Fi has agreed to deliver (the “TV”) to premises specified by you (“Premises”) and, where applicable, to the removal of a TV of a similar type and size (“Old TV”) by JB Hi-Fi from those premises and/or the setup/installation of the TV by JB Hi-Fi.
The following terms and conditions will apply between JB Hi-Fi Group Pty Ltd ABN 37 093 114 286 ("JB Hi-Fi") and "you", for the delivery by JB Hi-Fi of TVs purchased by you from JB Hi-Fi which JB Hi-Fi has agreed to deliver (the "TV") to premises specified by you ("Premises") and, where applicable, to the removal of a TV of a similar type and size ("Old TV") by JB Hi-Fi from those premises and/or the setup/installation of the TV by JB Hi-Fi.
Subject to payment of the price to JB Hi-Fi at the time of purchase, JB Hi-Fi will deliver the TV to Premises and, where applicable, install the TV at the Premises and/or remove the Old TV from those Premises, in accordance with these terms & conditions.
JB Hi-Fi will endeavour to deliver the TV on the day agreed by you, and JB Hi-Fi's nominated delivery/installation service provider will contact you no later than the day (Mon-Fri excluding public holidays) prior to delivery to arrange delivery and where applicable, installation. JB Hi-Fi does not offer set delivery times. You will be advised by JB Hi-Fi's nominated delivery/installation service provider of an expected delivery time, within a 2 hour (in the case of delivery only services) or 4 hour (in the case of installation services) time frame. If this does not happen, please contact the JB Hi-Fi store where you purchased the TV (in the case of delivery only services) or JB Hi-Fi's nominated installation service provider (in the case of installation services) on 1300 524 266. On the day of delivery/installation, JB Hi-Fi's nominated delivery/installation service provider will call you before the delivery takes place. Please note that delivery may be affected by factors outside of JB Hi-Fi's control, such as adverse weather conditions, traffic conditions and the actions of the JB Hi-Fi's nominated delivery/installation service provider, and JB Hi-Fi therefore cannot guarantee delivery at the prearranged time and day. Where this happens JB Hi-Fi's nominated delivery/installation service provider will provide you with as much notice as practical and will arrange another delivery day with you.
You must provide at least 24 hours' notice if you wish to change the delivery/installation time that you have agreed with JB Hi-Fi's nominated delivery/installation service provider, by calling the phone number you have been given by JB Hi-Fi's nominated delivery/installation service provider. If you do not provide this notice, JB Hi-Fi reserves the right to charge you its reasonable costs of any failed delivery/installation and for rearranging the delivery/installation. If the Premises are unattended at the time that JB Hi-Fi's nominated delivery/installation service provider attends at the Premises, JB Hi-Fi's nominated delivery/installation service provider will wait 10 minutes before leaving the Premises.
You, or another responsible person over the age of 18 whom you have given authority to accept delivery of the TV (and authorise the removal of any Old TV), must be present at the time of delivery/installation. Any reference to "you" in the paragraphs below includes any such person.
You must ensure that JB Hi-Fi's nominated delivery/installation service provider's vehicle can park immediately outside the entrance to the Premises. JB Hi- Fi reserves the right to refuse to deliver/install the TV where parking within 20 metres of the entrance to the Premises is not available.
You must ensure that any pets are placed in a secure location before delivery (and where applicable, installation) commences and at all times during the Delivery/Installation Process. The term "Delivery/Installation Process" includes the process for delivering and (where applicable) installing the TV and also, if relevant, for removing the Old TV.
JB Hi-Fi will take reasonable care but cannot guarantee that floors will not get dirty, wet or incur minor scuffing during the Delivery/Installation Process. JB Hi-Fi suggests that you cover floors to protect them.
You are responsible for ensuring that the route(s) from the boundary of the Premises to the specific delivery location (and, if applicable, the location of the Old TV) is of sufficient size, safe and clear of obstacles. In particular, please bear in mind the weight of the TV to be delivered/installed and whether the floors and walls are strong enough for the load and whether tiles or other floor/wall coverings or materials could be damaged as a result of this weight. To the full extent permitted by law, JB Hi-Fi shall not be responsible for any loss, cost, damage, expense, injury or death arising from the structure, fixtures or fittings of the Premises being unable to bear the weight of the TV.
Upon arrival at the Premises, you must ensure that JB Hi-Fi's nominated delivery/installation service provider can commence all relevant tasks without delay. JB Hi-Fi's nominated delivery/installation service provider will inspect the location(s) and the route from the delivery vehicle to that/those location(s). In the event that JB Hi-Fi's nominated delivery/installation service provider believes that the route to a location or the location itself is unsafe or impractical they will be unable to perform the delivery/installation or removal to or from that location and will: (a) in the case of delivery/installation, deliver the TV to such other location inside or outside the Premises as You direct, provided that they consider this location and the route to this location to be safe and practical; and (b) in the case of removal, be unable to remove the Old TV.
If JB Hi-Fi's nominated delivery/installation service provider notices any pre-existing damage on the proposed delivery route within your Premises before they deliver/install the TV they will bring this to your attention. This is intended to avoid any dispute as to whether JB Hi-Fi's nominated delivery/installation service provider has caused any damage to your Premises during the Delivery/Installation Process.
JB Hi-Fi offers the following main types of delivery & installation services:
• Delivery Only: JB Hi-Fi’s nominated delivery/installation service provider will deliver the TV to the specified room in your Premises. This service does not include unpacking or connection of any type (eg cables, power), wall or cabinet mounting, removal of packaging, or removal or handling of old TVs.
• Installation: In addition to Delivery, JB Hi-Fi’s nominated delivery/installation service provider will unpack, either mount the TV on its pedestal (as supplied standard with the TV) or wall mount the TV to a stud or solid wall, tune the TV to receive free-to-air television channels, (if the TV is a Smart TV) connect TV to a working wifi network (a working wifi network password must be available) , connect up to 3 previously setup and operational “plug and play” components to the TV (for example, a DVD player, gaming console or Google Chromecast) and ensure they are operational with your new TV, provide a basic customer education tutorial (maximum 15 minutes) providing an overview of use of TV remote and TV menu functionality and dispose of TV packaging if required.
A range of additional add-on services (including audio equipment, cable concealment and removal of Old TVs) are available for purchase, with pricing available on request. These terms and conditions apply to any such add-on services purchased by you and provided to you by or on behalf of JB Hi-Fi.
Standard fees for delivery/installation service only apply to premises which are within 25kms of a JB Hi-Fi store and which are also within 25kms of the stock pick up location. Additional fees may apply for delivery/installation services to Premises which are more than 25kms from a JB Hi-Fi store or which are more than 25kms of the stock pick up location. Installation service does not include supply of wall mount bracket, leads or cables; you are to supply a bracket suitable for the TV which is to be wall mounted and any cables or leads as required. Where you have ordered an Installation service you are responsible for ensuring that any required electrical, coaxial or data supplies or connections are within reach of the delivery location and that they are compatible, in good condition and working order and will continue to be so for the foreseeable future. If JB Hi-Fi's nominated installation service provider believes that this is not the case (for example, frayed wiring, poorly fitted connections) or are otherwise unsuitable they will deliver the TV but will not install or connect the TV and JB Hi-Fi will provide a refund of the "setup" or "installation" component of the service that you have paid for. To the full extent permitted by law, JB Hi-Fi shall not be responsible for any loss, cost, damage, expense, injury or death arising from any cables or sockets being damaged, faulty, incompatible with, or otherwise unsuitable for, the TV. Under no circumstances will JB Hi-Fi perform any provisioning, laying or relocating of any cable or points /outlets (power, data or coax) be they existing or new. Complex or difficult jobs (eg: restricted access, lightweight walls or installation at height) may incur additional charges (JB Hi-Fi's nominated delivery/installation service provider will discuss these charges with you and invoice you directly).
Risk of loss, damage or theft to the TV passes to you at the time of delivery.
At the end of the Delivery/Installation Process you will be required to sign a Proof of Delivery/Installation document which will confirm that the TV has been delivered (and if applicable, installed) and will document any noticeable damage to the TV occurring prior to, or during, the Delivery/Installation Process. It will also allow you to document any damage to your Premises that you believe has been caused during the Delivery/Installation Process.
If you have ordered a Delivery Only service, JB Hi-Fi strongly advises that you immediately unpack the TV before JB Hi-Fi's delivery/installation service provider leaves the premises. Any physical damage discovered during such inspection should be noted on the Proof of Delivery/Installation document. If you wish you may refuse to accept the TV if there is physical damage to the TV. If the TV is not unpacked in the presence of JB Hi-Fi's nominated delivery/installation service provider, it will be difficult to establish whether any physical damage to the TV was caused before or during the Delivery/Installation Process, rather than after the Delivery/Installation Process. If you do notice any physical damage after the Delivery/Installation Process is completed please call the store you purchased the TV from immediately.
You warrant to JB Hi-Fi that all information that you provide to JB Hi-Fi regarding the Premises and otherwise in connection with the Delivery/Installation Process is correct and complete. If this is not the case, in addition to its other remedies available at law, JB Hi-Fi may refuse to deliver the TV, install the TV and/or remove the Old TV and/or may require the payment of extra fees.
If JB Hi-Fi suffers any loss, damage, cost or expense as a result of your failure to comply with these terms and conditions, including (without limitation) any breach of the warranty in clause 16, then you must pay JB Hi-Fi the amount of that loss, damage, cost or expense if JB Hi-Fi asks you to.
If the TV is faulty or you wish to return unused and unopened TV because you have changed your mind please visit https://www.jbhifi.com.au/Documents/Consumer Warranties and Refunds docs/YourRights_July2014_HR_02_v3.pdf for details of our policies. If you are returning an unused and unopened TV due to change of mind in accordance with our policies, we will not refund the delivery fee and you must pay for us to pick up the TV. If the TV is unused but has been unpacked we may, at our absolute discretion, accept return of the TV in the event of a change of mind provided it is in perfect condition. However, in such cases we will not refund the delivery fee, you must pay for us to pick up the TV and we will apply a restocking fee equal to 20% of the original purchase price.
Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
Subject to clause 19 above, JB Hi-Fi shall not be liable to you or any other person for any loss, cost, damage, expense, injury or death arising from, or in connection with, the delivery of the TV, the installation (including wall mounting) of the TV or removal of the Old TV, whether in contract (including any breach of these terms and conditions, actual or anticipatory, including repudiation), tort (including negligence), equity, restitution, under statute or regulation, under any other legal cause or action, claim or right, or otherwise and, for the avoidance of doubt and without limitation (and to the full extent permitted by law), JB Hi-Fi shall not be liable for any (a) loss of profits; (b) loss of revenue; (c) loss of anticipated savings; (d) loss of business opportunity; (e) loss of goodwill; (f) loss of reputation; (g) loss of data; (h) cost of obtaining replacement TV or services; (i) consequential, indirect or incidental loss (even if the loss was reasonably foreseeable or JB Hi-Fi has been advised of the possibility of such loss); (j) special loss; (k) punitive or exemplary damages; or (l) economic loss or damages or any nature or description; or (m) for any loss or damage caused by any contractor or employee as a result of such contractor or employee acting outside of his, her or its actual authority or not in performance of his her or its duties to JB Hi-Fi.