Terms & Conditions

This agreement (Agreement) is made between Premier Installations Pty Ltd (ABN 90 689 148 203) ("Company," "we," "us," or "our") and the customer ("Customer," "you," or "your") who engages the Company for services. By booking an appointment, engaging our services, or allowing our personnel to perform work, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

1. SCOPE OF SERVICES

The Company provides professional installation services for window furnishings, which may include checking and measuring of windows, the removal of existing window furnishings and the installation of new furnishings. Our services explicitly do not include the repair of, or provision of warranty support for, products supplied by third-party retailers or manufacturers unless otherwise agreed in writing by the Company with the Customer.

2. APPOINTMENTS AND ACCESS

(a) The Customer must ensure clear, safe, and unobstructed access to all windows and areas where installation services are to be performed by the Company.

(b) A person aged 18 years or older must be present for the duration of the scheduled installation appointment.

(c) If our personnel arrive at the scheduled time and are unable to gain access, or if the premises are not ready for the installation to commence (e.g., obstructions not removed, necessary preparations incomplete), the appointment will be classified as a “Same-Day Cancellation” and will be subject to the fees outlined in clause 5.

3. GUARANTEE

3.1 Measurement Guarantee

(a) The Company guarantees that window treatments will be accurately measured by our team (“Measurement Guarantee”). If a window treatment is incorrectly measured by our personnel, we will, at our sole discretion, alter or replace the affected product at no cost to the Customer.

(b) The Company reserves the right to repair or alter the existing product where feasible, which may involve removing the product and returning it to the original manufacturer for adjustment, rather than proceeding with a full remake.

(c) This Measurement Guarantee is valid only under the following conditions:

(i) any invoice issued to the Customer in respect of the provision of the services has been paid in full;

(ii) the relevant installation service was completed by the Company;

(iii) the installation occurs within six (6) months of the original measurement date (the “Measurement Guarantee Period”);

(iv) the window treatments were ordered through the retailer explicitly listed on the Company’s measure form; and

(v) the Customer’s order matches the product specifications precisely as documented on the measure form.

3.2 Workmanship Guarantee

(a) The Company guarantees the quality of its installation workmanship (the “Workmanship Guarantee”) for a period of twelve (12) months from the date of the original installation (the “Workmanship Guarantee Period”).

(b) If an issue arises that is directly attributable to faulty workmanship by the Company during the Workmanship Guarantee Period, the Company will, at its own cost, rectify the issue.

(c) This Workmanship Guarantee is subject to the following conditions:

(i) any invoice issued to the Customer in respect of the provision of the services has been paid in full;

(ii) the guarantee only applies to the installation services performed by the Company;

(iii) the guarantee only covers issues arising from the installation workmanship of window furnishings by the Company;

(iv) the guarantee does not cover:

(A) faults, defects, or failures by any manufacturer or supplier of the products or materials provided to the Company for installation (and in such situation the Customer should seek recourse against the manufacturer or supplier under their respective warranties); and/or

(B) service calls, repairs, or reinstallation required due to product-related issues that are not a direct result of the Company's installation workmanship;

(C) misuse of the product by the Customer or use of the product not in accordance with the products terms and conditions of use provided by the manufacturer or supplier (if applicable), unauthorised modifications, electrical surges, normal wear and tear (including fading, discolouration, degradation due to exposure to environmental elements, vermin damage, foreign matter, staining or cleaning); and/or

(D) any modifications, alterations, or repairs carried out by a third party, except where necessary to rectify a defect under an approved Workmanship Guarantee claim.

3.3 Making a Valid Claim

To lodge a valid claim under:

(a) the Measurement Guarantee, the Customer must contact the Company in writing within the Measurement Guarantee Period and provide:

(i) your full name, address, and contact details (phone number and/or email);

(ii) a copy of the original measure form;

(iii) proof and details of the order the Customer placed with the retailer that matches product specifications precisely as documented on the measure form; and

(iv) proof of the original measurement date;

(v) a clear description of the defect, along with supporting evidence such as photographs or videos (where applicable).

(b) the Workmanship Guarantee, the Customer must contact the Company in writing within the Workmanship Guarantee Period and provide:

(i) your full name, address, and contact details (phone number and/or email);

(ii) proof of the original installation date; and

(iii) a clear description of the faulty workmanship carried out by the Company, along with supporting evidence such as photographs or videos (where applicable).

4. CANCELLATION POLICY

(a) Once an appointment is confirmed, the following cancellation fees will apply for changes or cancellations initiated by the Customer:

(i) more than one (1) business day's notice before the appointment date: No charge.

(ii) one (1) business day's notice before the appointment date: a cancellation fee of $200.00 applies; and

(iii) same-day cancellation (on the day of the appointment): A fee of seventy-five percent (75%) of the total quoted service cost or $200.00, whichever is the greater, applies.

(b) The Customer acknowledges and agrees that the cancellation fees are necessary to compensate the Company for costs incurred through scheduling, preparation, travel, and lost opportunity.

5. PRODUCT AND INSTALLATION LIABILITY

(a) The Company is not liable for product defects, delivery delays, or incorrect product specifications provided by the retailer, or manufacturer. The Customer acknowledges and agrees that all product-related liabilities remain solely with the retailer and/or manufacturer.

(b) The Company reserves the right to refuse installation if a product is deemed, in our reasonable opinion, to be unsafe, damaged, defective, or unsuitable for the intended site conditions.

(c) The Customer acknowledges and agrees that the Company shall not be held responsible or liable for any minor or incidental damage to existing paintwork, plaster, architraves, or other surfaces that may occur as an inherent result of standard installation practices (e.g., small scratches, minor chips). The Company will exercise reasonable due care and skill to prevent any such damage.

6. PAYMENT TERMS

Unless otherwise agreed in writing by the Company prior to the appointment date, full payment for the installation service is due and payable upon confirmation of the appointment date being provided to the Customer. Without payment of the invoice in cleared funds in accordance with the terms of this clause 6, the Customer acknowledges and agrees that there is no obligation on the Company to provide any services.

7. INTELLECTUAL PROPERTY

The Customer agrees that the Company retains all copyright and intellectual property subsisting in all documents and things created by, or for, the Company in connection with the performance of the installation services, including copyright and intellectual property that now exists or that later comes into existence.

8. SUBCONTRACTORS

(a) The Customer authorises the Company to:

(i) subcontract all or part of the installation services to a third party (and their employees, agents and contractors) (a Subcontractor); and / or

(ii) as the agent of the Customer, contract with a third party service provider on behalf of the Customer on any terms whatsoever, including terms that limit or exclude the liability of the third party service provider.

(b) The Customer authorises a Subcontractor to subcontract all or part of the installation services.

(i) all Subcontractors;

(ii) the agents, employees and servants of any Subcontractor or the Company; and

(iii) any person engaged to provide all or part of the Services.

(d) The Customer undertakes that it will not make any claim against, or impose any liability upon, any Subcontractor in connection with the provision of the installation services.

(e) The Customer undertakes that it will indemnify any Subcontractor from and against any loss if a claim is made against a Subcontractor by any party (including the Customer) in connection with the provision of the installation services as a result of a breach of contract by the Customer, or a negligent, unlawful, reckless or wilful act or omission by the Customer or its employees, agents and contractors.

(f) For the purpose of clauses 8(c) and 8(e), the Company acts as trustee on behalf of and for the benefit of any Subcontractor, and to this extent each Subcontractor is deemed to be a party to this Agreement.

9. LIMITATION OF LIABILITY

(a) Without limitation to any other clause of the Agreement, the Company will be discharged from all liability in connection with the performance of the installation services unless a valid claim is made under:

(i) the Measurement Guarantee within the Measurement Guarantee Period; and/or

(ii) the Workmanship Guarantee within the Workmanship Guarantee Period.

(b) Notwithstanding any other clause:

(i) to the extent permitted by law, the Company excludes all liability in respect of any claim made against the Company, its employees, agents and Subcontractors except to the extent that such liability was incurred as a direct result of a fundamental breach of this Agreement by the Company, or a negligent, unlawful, reckless or fraudulent act or omission of the Company;

(ii) the Company excludes from this Agreement all conditions, warranties, terms and consumer guarantees implied by laws, general law or custom except any the exclusion of which would contravene any laws or cause this condition to be void (Non-Excludable Condition);

(iii) the Company's liability for any breach of a Non-Excludable Condition is limited, at the Company's option, to supplying the installation services again, or the cost of supplying the installation services again;

(iv) the Company will not be in breach of any of its obligations to the Customer or liable for any loss (including consequential loss) suffered by the Customer arising from or connected with the Company's compliance with any law, including without limitation disclosing confidential information to a governmental agency;

(v) the Company will not be liable for any delay or failure to perform an obligation under this Agreement caused by an event beyond the control of the Company;

(vi) if an event causes a delay in the performance of a Company's obligation exceeding ten (10) days, the Company may terminate the provision of the installation services by notice to the Customer;

(vii) the Customer indemnifies the Company from and against (and must pay on demand for) all loss arising directly or indirectly from or in connection with the installation services (including consequential loss), including loss in connection with a breach of contract, or a negligent, unlawful, reckless or wilful act or omission by the Customer or its employees, agents and contractors except to the extent that any such loss was incurred as a direct result of a fundamental breach of this Agreement by the Company, or a negligent, unlawful, reckless or fraudulent act or omission of the Company; and

(viii) the Company is not liable for any consequential loss suffered by the Customer, regardless of whether or not the Company had knowledge that such damage may be incurred.

10. VARIATIONS AND DELAYS

(a) Any variation to the originally agreed scope of work for the installation services, including additional services or any changes to the services to be provided by the Company, must be agreed upon in writing by the Company and the Customer and may be subject to additional charges.

(b) If the service is delayed or the site is not ready due to circumstances beyond the Company's reasonable control (including, but not limited to, Customer-caused delays, unforeseen site conditions, or acts of God), the Company may charge a reasonable fee for any additional time or resources required.

11. ACCEPTANCE OF TERMS

By confirming an appointment, engaging our services, or allowing our personnel to commence work, the Customer acknowledges that they have read, understood, and unconditionally agrees to all the terms and conditions outlined in this Agreement.

Contact Information:
For any questions regarding these Terms and Conditions or to lodge claim under the Measurement Guarantee and/or the Workmanship Guarantee, please contact us at:

Premier Installations Pty Ltd
Address: PO Box 5182, Cranbourne, VIC 3977
Phone: 03 7056 7519
Email: admin@premierinstallations.com.au

Terms & Conditions

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