This section contains terms and conditions for Tech2Home Onsite AV services
1. You agree to acquire the services described below (“Onsite Services”) from T2H in accordance with:
(a) the online T2H Application Form completed by you or on your behalf;
(b) these terms and conditions; and
To the extent of any inconsistency, these documents take precedence in descending order.
2. You agree that T2H will provide the Onsite Services to you at your premises, or premises as directed by you. This may include (but not be limited to) the delivery and/or connection of certain of your audio visual and computer hardware (“Equipment”). T2H may also sell to you certain associated products (“Ancillary Products”). You must:
(a) provide T2H with full and safe access to those premises;
(b) ensure that a person over the age of 18 is present at that time;
(c) provide T2H’s technician with a safe working environment and electrical power where required; and
(d) provided T2H has discussed same with you first, allow T2H’s technician to drill holes, physically connect and/or install the Equipment to walls and ceilings, and conceal cables in cavities.
3. T2H reserves the right to change details of the provision of Onsite Services and Ancillary Products from time to time by notice to you, including without limitation the times and dates on which same will be provided. If you have any concerns in this regard, you should contact T2H’s Customer Management Centre on Tel 1300 83 24 24.
4. T2H reserves the right to not provide the Onsite Services if, in our reasonable opinion:
(a) you have not complied with your obligations;
(b) your technical needs, or the state of the premises, are such that it is impractical to provide the Onsite Services ;
(c) the T2H technician is concerned for his or her safety; or
(d) anything occurs beyond our reasonable control which prevents or hinders us from providing the Onsite Services.
5. You agree that if you require any Ancillary Products, you must pay for same at our then generally applicable prices and terms.
6. Unless otherwise specified, you must pay for the Onsite Services and Ancillary Products prior to the provision of same. Payment for Onsite Services must be made at the time you completed the T2H Application Form by a method of payment approved by T2H or, in the case of Ancillary Products, at the time T2H provides them to you. This amount is not refundable, except in circumstances where:
(a) you have a lawful right to terminate as set out in this agreement; or
(b) T2H has lawfully terminated the provision of the Onsite Services;
and then only in relation to so much of the Onsite Services or Ancillary Products that have not then been supplied.
For the avoidance of doubt, no moneys will be refunded if you cancel the provision of Onsite Services without cause after acceptance of these terms and conditions and completion of the T2H Application Form.
7. The risk in any Equipment or Ancillary Products passes to you upon its delivery to the premises. Title in any Ancillary Product remains with T2H until same has been paid for in full.
8. To the extent permitted by law,
(a) T2H expressly excludes all warranties, conditions, guarantees and representations (whether express or implied) under statute, law, equity, trade custom, prior dealings or otherwise in respect of goods and/or services that may be provided by T2H to you under this agreement;
(b) T2H’s sole liability to you in respect of direct loss arising from the Onsite Services and Ancillary Products is limited to the amount of the fees and charges paid by you to T2H for the particular service or product the subject of our liability
Some warranties and guarantees are implied by law, and cannot be excluded except to a limited extent. To the extent T2H can limit such liability, T2H limits its liability to (at its election):
(a) in the case of goods, at T2H’s election, the cost of replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the repair of the goods;
(b) in the case of services, at T2H’s election, the cost of supplying the services again, or the payment of the cost of having the services supplied again.
To the full extent permitted by law, under no circumstances will T2H, any related entities or any third party provider engaged by T2H, be liable to you or any other person for any indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of, or related to, the services or goods provided.
(a) You warrant to T2H that you are the owner of the premises, or the occupier under a lease or other lawful agreement, and that you have obtained all necessary permission to allow T2H’s technician to provide the Onsite Services.
(b) On completion of the Onsite Services, you will be requested to sign an acknowledgment that the work was carried out to your satisfaction. Your signing of this document represents conclusive evidence of your satisfaction with the work.
(c) You promise that you are over the age of 18 years and have full authority to enter into this agreement.