Installation Terms & Conditions

Installation Terms and Conditions

These Installation Terms and Conditions (“Terms”) apply to customers (“You”) of Kapha Pty Ltd (“Kapha”) who engage independent plumbers (“Contractors”) for the installation of Kapha products. By proceeding with the installation, You agree to these Terms:

1. Independent Contractors

  • Kapha may provide a list of independent licensed plumbers for Your convenience. These plumbers (“Contractors”) are not employees, agents, or partners of Kapha.
  • Any agreement or arrangement for installation services is solely between You and the Contractor.
  • Kapha does not supervise, manage, or control the Contractors and is not responsible for the quality, outcome, or timeliness of their work.

2. Disclaimer of Liability

  • Kapha shall not be liable for any damages, errors, or omissions resulting from the services provided by the Contractor.
  • Kapha is not responsible for:
    • Any injuries sustained by the Contractor or others during the installation process.
    • Property damage, improper installation, or failure of the Contractor to meet industry standards.
  • You acknowledge that Kapha’s role is limited to providing information and guidance about Contractors, and You assume all risks associated with engaging their services.

3. Insurance and Licensing

  • Contractors listed by Kapha are required to maintain proper licensing and insurance to perform installation services. However, it is Your responsibility to verify their credentials and ensure they meet Your standards before engaging their services.

4. Installation Support

  • Kapha provides comprehensive installation guides and optional phone support to assist You and Your chosen Contractor during installation.
  • Support services do not constitute supervision or management of the installation process.

5. Product Warranty

  • Kapha’s product warranty applies only to manufacturing defects and does not cover damages caused by improper installation or misuse.
  • If installation errors occur, warranty claims may be denied unless the issue is unrelated to the installation process.

6. Customer Responsibilities

  • It is Your responsibility to:
    • Ensure the Contractor has access to the necessary tools and information for installation.
    • Provide clear instructions to the Contractor regarding Your specific requirements.
    • Report any installation-related issues to the Contractor directly.

7. Indemnity

  • You agree to indemnify and hold harmless Kapha, its officers, employees, and agents from any claims, damages, or liabilities arising from or related to the installation process or services provided by the Contractor.

8. Dispute Resolution

  • Any disputes or issues arising from the Contractor’s work must be resolved directly between You and the Contractor. Kapha is not a party to any agreements or disputes between You and the Contractor.

9. Governing Law

  • These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms will be resolved in the courts of New South Wales.

Acknowledgment

By proceeding with installation services, You acknowledge that You have read, understood, and agree to these Installation Terms and Conditions.