Terms & Conditions

Terms & Conditions for General Assembly and Installation Services

1. Accompli (Accompli Pty Ltd) will provide the services outlined in the job quotation, order acknowledgement or job order to the customer named within those documents.
2.The customer acknowledges that Accompli is providing a service to you as customer independent of the retailer from whom you may have purchased the equipment to be assembled & / or installed.
3. These Terms of Business together with the quotation and/or the order acknowledgement will constitute the entire agreement between us relating to the Services (the "Agreement").  In the event of any inconsistency between them, these Terms of Business shall have precedence.   The customer acknowledges that all representations, statements, understandings and undertakings either written or oral made before the date of this Agreement will be superseded and replaced by the terms of this Agreement.
4. Accompli’s obligations are owed only to you as the customer (and not to any third party connected with you) and only by Accompli and not by our officers, employees or contractors.
5. Neither party shall, without the prior written approval of the other and except on such reasonable terms as are determined in writing by the other, assign the Contract or any payment or any other right, benefit or interest there under.
6. Any variation or addition to this Agreement will only be effective if agreed to by both parties in writing.  We reserve our right, upon such variation or addition, to review and vary our charges, and any estimated timescales or dates for performance of the Services.

Contracting for our services

7. Our services are offered as a standard quoted package as per our current pricelist as at June 30 2008.
8. The customer acknowledges that the price, scope of our standard packages & installation / assembly lead times are as outlined on accompli.com.au  and that they are accepting our offer and these terms of business at the time of making the booking with Accompli.
9. A contractual agreement for a installation / assembly job will be committed to by both parties upon the customer accepting our written or verbal quotation to perform an installation at the agreed location, and upon the receipt of the required deposit.
10. Either of us may (without limiting any other remedy) terminate this Agreement forthwith by giving written notice to the other if the other commits a material breach, or series of breaches resulting in a material breach, of this Agreement and (if capable of remedy) fails to remedy the breach within 15 days after being required by written notice to do so.
12. Any fee we may charge for trade co-ordination relates to the time taken by us to ensure that services are appropriately scheduled.  We will ensure that any tradesmen that we may refer to you are appropriately licensed however we take no responsibility for their work and their contractual relationship will be directly with you the customer.

Performing the Service

13. All units, items and accessories will be assembled and installed to the specification laid down in the manufacturer’s instructions and as per current Australian standards.
14. All items will be visually checked for signs of external damage only prior to and on the completion of the service.
15. We will use our best endeavours to perform the services on the dates agreed between us, however these dates are agreed as estimates only and we will accept no liability in respect of any delay in meeting such dates or schedules.
17. Cancellations need to be received at least 48 hrs prior to the organised assembly and installation date.  If the assembler or installers arrive at the premises without prior notice of cancellation a callout fee equivalent to one hour’s fee may be charged.
18. If additional work is requested by the customer this will be paid for either at the standard item rate or at the agreed hourly rate for an installer or assembler. 
21. Accompli will not be responsible for the quality of any transmitted signal used in any of the items installed. 
22. The customer acknowledges that at Accompli’s discretion we may use sub contractors to perform all or part of the assembly or installation work.
     

Paying for the Service

23. The service if booked via our customers will be pre paid for within the store at time of booking. Accompli will contact you within 24 hours to coordinate a suitable installation / assembly time. At our discretion we may also accept payment at the time of providing the service by credit card, cash or by direct transfer of funds into our bank account
26. Under no occasion will payment be permitted after leaving the assembly or installation location unless the customer has received formal notification from us in writing of our acceptance of an application to open a credit account
Rectifying service & equipment issues
28. Any issues relating to the product should be directed to the retailer where the product was purchased. It is the responsibility of the customer to arrange for the replacement of damaged or faulty goods.  Our assemblers & installers may be able to assist with by describing any fault that they have identified.

Our liability to you

30. We exclude all liability in respect of any indirect or consequential loss, any loss of profit, use, anticipated savings, goodwill, reputation or business contracts, claims brought against you by any third party, or any other form of pure economic loss whether arising in contract, tort (including negligence) or otherwise.
31. We exclude all liability in respect of any loss, damage or liability of any kind suffered by you or any third party directly or indirectly caused by modifications, adjustment, repairs or remedial work carried out by you or third parties without our prior written approval.
32. Our total liability in respect to negligent damage to property is restricted to items being assembled or installed by us whilst in our care, custody & control.
33. The estimate of our fees has been calculated on the basis that we can exclude or limit liability as set out in this Agreement.  You confirm that you will bear yourself (or insure against) any loss for which we have excluded or limited liability.
34. Nothing in this Agreement will operate to exclude or limit our liability to you or any third party in respect of our negligence as covered by legislation in Australia or in the state in which the installation or assembly was performed.
35. If either of us is prevented, hindered or delayed from observing or performing our obligations under this Agreement by an act beyond its reasonable control, a "Force Majeure Event", the "Affected Party" will give notice to the other party of the Force Majeure Event and the Affected Party may suspend performance of its obligations under this Agreement, other than payment for Services already performed.  Upon termination of this Agreement you will be liable to pay all outstanding charges accrued up to the date of termination including expenses
Confidentiality & Privacy 
37. We reserve the right to include any comments that you may make upon the completion of the service in reports to the retailer from whom you purchased the item and in any marketing material that we produce.  These comments will not include your name or your address.
38. This agreement is subject to the jurisdiction of the Victorian Courts.