1. Subject to payment of the price to JB Hi-Fi at the time of purchase, JB Hi-Fi will deliver the Goods to Premises in accordance with these terms & conditions.
On the day of delivery the delivery driver will call you approximately 30 – 60 minutes before the delivery takes place. If your delivery is scheduled before 10 a.m, the driver will not call prior to the delivery.
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 delivery agent, and JB Hi-Fi therefore cannot guarantee delivery at the prearranged time and day. Where this happens JB Hi-Fi will provide you with as much notice as practical and will arrange another delivery day with you.
4. You, or another responsible person whom you have given authority to accept delivery of the Goods, must be present at the time of delivery. Any reference to “you” in the paragraphs below includes any such person.
5. You must ensure that the delivery vehicle can park immediately outside the entrance to the Premises. JB Hi-Fi reserves the right to refuse to deliver where parking within 20 metres of the entrance to the Premises is not available.
6. You must ensure that any pets are placed in a secure location before delivery commences and at all times during the Delivery Process. The term “Delivery Process” includes the process for delivering the Goods.
7. JB Hi-Fi will take reasonable care but cannot guarantee that floors will not get dirty, wet or incur minor scuffing during the Delivery Process. JB Hi-Fi suggests that you cover floors to protect them.
8. 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 Goods) is of sufficient size, safe and clear of obstacles. In particular, please bear in mind the weight of the Goods to be delivered and whether the floors are strong enough for the load and whether tiles or other floor 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 Goods.
9. Upon arrival at the Premises, you must ensure that JB Hi-Fi can commence all relevant tasks without delay. JB Hi-Fi staff will inspect the location(s) and the route from the delivery vehicle to that/those location(s). In the event that JB Hi-Fi staff believe that the route to a location or the location itself is unsafe or impractical they will be unable to perform the delivery to or from that location and will deliver the Goods 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.
10. If JB Hi-Fi staff notice any pre-existing damage on the proposed delivery route within your Premises before they deliver the Goods they will bring this to your attention. This is intended to avoid any dispute as to whether JB Hi-Fi staff have caused any damage to your Premises during the Delivery Process.
11. This is a delivery only service. JB Hi-Fi staff will deliver the Goods to the specified room in your Premises. This delivery service does not include unpacking, connection of any type (eg cables, power, etc), wall or cabinet mounting, removal of packaging, or removal or handling of old TVs. This delivery service is only offered in capital cities and for selected regional areas. None of the services includes any alterations to the Goods or Premises to allow access (e.g. removal of doors, cabinetry or wall mounting).
12. Risk of loss, damage or theft to the Goods passes to you at the time of delivery.
13. At the end of the Delivery Process you will be required to sign a JB Hi-Fi Proof of Delivery document which will confirm that the Goods have been delivered and will document any noticeable damage to the Goods occurring prior to, or during, the Delivery Process. It will also allow you to document any damage to your Premises that you believe has been caused during Delivery.
14. JB Hi-Fi strongly advises that you immediately unpack the Goods before JB Hi-Fi staff leave the premises. Any physical damage discovered during such inspection should be noted on the Proof of Delivery. If you wish you may refuse to accept the Goods if there isphysical damage to the Goods. If the Goods are not unpacked in the presence of JB Hi-Fi’s delivery agent, it will be difficult to establish whether any physical damage to the Goods was caused before or during the Delivery Process, rather than after delivery. If you do notice any physical damage after the Delivery Process is completed please call the store you purchased the goods from immediately.
15. You warrant to JB Hi-Fi that all information that you provide to JB Hi-Fi regarding the delivery 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 Goods and/or may require the payment of extra fees.
16. 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 15, then you must pay JB Hi-Fi the amount of that loss, damage, cost or expense if JB Hi-Fi asks you to.
If you are returning unused and unopened Goods 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 Goods. If goods are unused but have been unpacked we may, at our absolute discretion, accept return of the goods in the event of a change of mind provided they are in perfect condition. However, in such cases we will not refund the delivery fee, you must pay for us to pick up the goods and we will apply a restocking fee equal to 20% of the original purchase price.
18. 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 Consumer Guarantees Act) which cannot by law be excluded, restricted or modified.
19. Subject to clause 18 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 Goods 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 goods or services;
(i) consequential, indirect or incidental loss (even if the losswas 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.
Effective: April 2015