TERMS, CONDITIONS & LIMITATIONS
1. GENERAL TERMS & CONDITIONS
1.1 A quote or proposal that accompanies these Terms and Conditions is valid for thirty (30) days only and the Company reserves the right to withdraw or amend it at any time.
1.2 A contract will only be formed after the Company accepts an order from a Client (whether by issue of the Company’s standard work order, performance of the Services set out in the order or otherwise) and will be subject to these Terms.
1.3 These Terms apply to the exclusion of any conditions or terms of purchase which the Client may use or purport to apply to the Contract. These terms are to be read in conjunction with any specific Contract entered into with the Client. The Contract applies to the extent of any inconsistency.
1.4 The Company may vary these terms at any time by giving notice to the Client.
1.5 The Company shall not be responsible for failure to meet its contractual obligations if the failure results directly or indirectly from a cause beyond its control.
2. DESCRIPTIONS OF SERVICES
2.1 Any quantities, weights or dimensions included in any quote, catalogues, advertisements, illustrated matter or pricelists are approximates only and will not be binding unless and to the extent only that such details are specified in a contract with a Client.
3. LIMITATIONS CONCERNING YOUR SUBTERRANEAN TERMITE TREATMENT
3.1 There are limitations to the effectiveness of the treatment program due to a variety of factors, including but not limited to structural conditions, environmental conditions, and conducive conditions. The specifics of these limitations will be detailed in any Contract entered into with the Client.
4. LIMITATIONS CONCERNING BAITING SYSTEMS
4.1 There are limitations to the effectiveness of the baiting system due to a variety of factors, including but not limited to structural conditions, environmental conditions, and conducive conditions. The specifics of these limitations will be detailed in any Contract entered into with the Client.
5.1 The price payable for the Services is the price or prices stated or otherwise set out in this quote, the Company’s standard agreement, or as otherwise notified to the Client in writing.
6. PAYMENT TERMS
6.1 All monies are due and payable upon invoice at the commencement of the treatment program. All free service periods are null and void unless payment has been received in full.
7. TIMBER PEST INSPECTION AND REPORT
7.1 Regular Inspections Are Required
(i) Repellent Termite barriers do not kill termites, they only impede concealed entry thus forcing the termites to show themselves and making them easier to find during regular inspections. The Australian Standard AS 3660 recommends “regular, competent inspections should be carried out at least on an annual basis, but more frequent inspections are strongly recommended.”
7.2 If a timber pest inspection/report is required as part of the Client's suggested termite management plan, the Client acknowledges that:
(i) The Company does not warrant that a "visual only" inspection completely complies with the Australian standard AS 4349.3 "Inspections of buildings. Part 3: Timber Pest Inspections" and may be of limited use to the Client. In addition to a visual inspection, AS 4349.3 recognises that to completely assess timber pest activity and damage requires the Company to carry out whenever necessary appropriate tests with instruments.
(ii) The inspection report does not include the inspection and assessment of matters outside the scope of the requested inspection and report.
(iii) The inspection only covers the readily accessible areas of the building and site. The inspection does not include areas which were inaccessible, not readily accessible or obstructed at the time of the inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include — but not limited to — fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, stored clothing/articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements, or earth.
(iv) The detection of "Drywood Termites" may be extremely difficult due to the small size of the colonies. This inspection DOES NOT IN ANY WAY search for the existence of drywood termites. An inspection for drywood termites can be performed upon special request.
(v) The inspection report is not a structural damage report. If it reveals evidence of any timber pest activity/damage, it is recommended that the client engage the appropriate professional to conduct a full inspection to ascertain the extent of any damage.
(vi) The inspection report is indicative of the condition of the subject building and site at the date and time of the inspection only and is not to be construed as an express or implied warranty or guarantee against latent, concealed, or future infestation or defects.
(vii) The inspection is to be produced for the sole use of the Client named in the agreement. The Company or its representatives are not liable for any reliance placed on the report by any third party.
8.1 Although all care will be taken by the Company, it does not assume any responsibility for damage to utility/service pipes, conduit and/or fittings caused by drilling, cutting and/or trenching of soil and masonry surfaces whilst engaging in the application of the selected management plan. It is highly recommended that if any uncertainty exists as to the location of any utility/service pipes, conduit and/or fittings the Client should engage the appropriate professional to locate and mark any utility/service pipes, conduit and/or fittings before the commencement of treatment.
8.2 The Company is not expert in the construction or building trades. Any property management plan proposal and/or its associated components do not and cannot state the extent of any structural damage caused by subterranean termites, wood decay fungi or borer infestation. If any past/present/suspected damage is brought to the Client's attention it is recommended that the owner or other interested parties contact a qualified building engineer, architect, or other qualified expert in the construction or building trades to determine the existence and/or extent of possible structural damage to the building or structures pertaining to this property management plan.
8.3 The Company during the selected termite management plan may be required to carry out tests and procedures using the following techniques and instruments:
(i) Electronic moisture detecting meter — an instrument used for assessing the moisture content of timber
(ii) Stethoscope/listening device — a listening device used to hear sounds within building elements
(iii) Termatrac* - an electronic device used to track termite movement within building elements
(iv) Borescope — an instrument used to view the internal of voids through a small hole, usually a hole will be made to accommodate this method
(v) Sounding — a technique where building elements are tapped with a solid object
(vi) Probing — a technique where timber and other materials/areas are penetrated with a sharp instrument
(vii) The removal and/or cutting and/or drilling of certain building elements to ascertain subterranean termite infestation/activity and suitability for treatment may also be required
These techniques will be negotiated with the Client if and when they are required. Although all care will be taken, the Company will not be liable for damage caused by the carrying out of these or any other tests or treatment techniques that are a required part of the selected termite management plan.
8.4 However, if all the above conditions are met, if a pipe is damaged as a direct result of work done by the Company, in good faith, the Company will engage a plumber to fix the problem with no additional charge to the Client.
9. ENVIRONMENTAL CONDITIONS
9.1 The Client agrees to read, understand, and implement any environmental or other corrections as required by the Company within the time period stipulated. Failure to implement and maintain these corrections will reduce the effectiveness of the selected termite management plan and will affect the SPM Guarantee.
9.2 The Client will inform the Company immediately that they become aware of any circumstances that are outlined in the environmental maintenance information and or directions provided with any documentation regarding the termite management plan.
10. LIMITATION OF LIABILITY
10.1 The Company is obliged to use reasonable endeavours to provide the Services, but any condition or warranty as to the quality of the Services or fitness for any particular purpose or otherwise is (to the extent permitted by law) excluded.
10.2 The Company is not liable for any claims made for injury, loss or damage whether caused negligently or otherwise to the Client or its property, or to any third party as a consequence of providing the Services or the Equipment.
11. FINANCIAL INFORMATION
11.1 The Company discloses that certain items of personal information about the Client contained in any credit application by the Client may be disclosed to a credit reporting agency.
11.2 The Client consents to disclosure of the personal information pursuant to subclause 11.1 and consents to the Company disclosing any information derived from any credit application and any other information relating to the Client which the Company may hold to any other credit provider for the purpose of providing a reference to the Company in relation to the Client.
11.3 The Client acknowledges and consents to the Company obtaining a consumer credit report about the Client from a credit reporting agency.
11. SERVICE WARRANTY
11.1 An inspection of the Client's premises and an assessment of the effectiveness of the Services may be carried out by the Company by arrangement with the Client, at the Company's expense.
11.2 The Company has no responsibility formanufacturer product warranty decisions. Manufacturer’s warranties have theirown conditions and limitations which are outside the scope of this document.
11.3 The Company offers an SPM Guarantee which covers the Company’s service for up to 5 years on all termite treatments. The cover includes Public Liability up to AUD $20 million, and Professional Indemnity up to AUD $2 million. Our policy is that should a reinfestation occur within the guarantee period, a retreatment to affected areas will be performed at no cost.
12. GOVERNING LAW
12.1 Any Contract is governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts of that State.
13.1 In this agreement unless the context requires otherwise the following expressions shall have the following meanings respectively:
(i) “Company” means Suburban Pest Management Pty Ltd ABN 51 164 365 637 and any other related companies.
(ii) "Contract” means all those documents comprising the agreed terms of sale of Services by the Company to the Client including but not limited to purchase orders, invoices, these Terms and such other written material of the Company relating to the Services and which is issued to or brought to the notice of the Client and any writing of the Client issued to the Company and accepted by the Company as constituting a term or condition of the Contract.
(iii) "Client” means the Client who requires the Services.
(iv) “Services” means any pest eradication or management services provided by the Company.
(v) "Terms' means these Terms and Conditions