Agents means EPM’s employees, contractors and agents.
Agreement the documents listed hereunder comprise the Agreement and, subject to clause 21, to the extent of any inconsistency have priority in the following order:
(a) these Terms;
(b) a Report or Pest Management Report;
(c) Termite Protection Warranty; and
(d) a Quote.
Assessment means a General Pest or Vertebrate Pest assessment performed by EPM at the Premises.
Business Day means a day that is not a Sunday, public holiday or bank holiday in Perth, Western Australia.
Call-Out Costs means EPM’s reasonable call-out costs which shall be calculated by EPM at reasonable rates for labour and materials and will include a reasonable administration charge, allowance for overheads and profit and other reasonable costs incurred by EPM. EPM will take reasonable steps to limit these costs.
Cancellation Fee means $80 plus GST for Metropolitan Region, or a reasonable fee for any other areas.
Commencement Date means the date in any Report.
Consequential Loss means loss beyond the normal measure of direct damages and includes without limitation and whether or not such loss would be within the normal measure of direct damages, indirect loss, loss of profit, loss of revenue, loss of business, loss of actual or anticipated savings, loss of bargain, loss of business reputation, loss of use, cost of capital or costs of substitute goods, facilities or services and loss of opportunity (including opportunities to enter into arrangements with third parties.
Credit Agreement means an agreement with BGC (Australia) Pty Ltd or EPM applying to EPM for the provision of credit to the Customer.
Customer/Client means any person (including a body corporate) who acquires the Services from EPM and as specified in any Report or Pest Management Report.
EPM means Leon Enterprises Pty Ltd ACN 059 951 281 trading as Envirotechnics Pest Management.
General Pests means any pests specified in the Pest Management Report, including but not limited to, cockroaches, spiders, silverfish, crickets, ants, mosquitoes, flies, millipedes, wasps, bees, biting midges, fleas, ticks, moths, lawn beetles, bedbugs, stored product pests (e.g. weevils).
GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Initial Term means the date in any Report.
Insolvency Event means the happening of any of the following events in relation to the Defaulting Party (as that term is defined in 12(a)):
(a) where the Defaulting Party enters into a compromise or arrangement (or announces one)
under section 411 of the Corporations Act 2001 (Cth)
(b) where a managing controller is appointed over the whole (or substantially the whole) of the Defaulting Party’s property; or
(c) where the Defaulting Party enters into voluntary administration.
Inspection means a Termite and/or Timber Pest inspection performed by EPM at the Premises.
Invasive Inspection means, in relation to an Inspection, any action required to access concealed areas including, but not limited to, the removal of floorboards,
wall panels or ceiling panels, cutting, breaking apart or dismantling objects.
Metropolitan Region has the meaning given to it in the Planning and Development Act 2005 (WA).
Non-Inspection Areas means areas in the Premises which are not Readily Accessible Areas including, but not limited to, the inside of walls, the interior of a flat roof or beneath a suspended floor filled with earth.
Orders means an order for the supply of Services and/or Products, whether made by the Customer accepting a Quote, or by EPM accepting a purchase order or similar document provided by the Customer to EPM.
Pests means Termites, Timber Pests, General Pests and Vertebrate Pests.
Pest Management Report means the Pest Management Report provided by EPM to the Customer after undertaking the Services.
Premises means the property where the Services will be carried out and as specified in any Report or Pest Management Report.
Price means the price stated in any Quote or tax invoice supplied by EPM.
Products means the Products stated in the Quote.
Quote means a quote provided by EPM to the Customer.
Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property, are up to 3.6 metres above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600mm high by 600mm wide and subfloor spaces where the minimum area of accessibility is not less than 400 mm high by 600mm wide, providing the spaces or areas permit entry. It includes, but is not limited to:
(a) accessible subfloor areas on a sloping site where the minimum clearance is not less than 150mm high, provided that the area is not more than 2 metres from a point with conforming clearance (i.e. 400 mm high by 600 mm wide); and
(b) areas at the eaves of accessible roof spaces that are within the Agent’s unobstructed line of sight and within arm’s length from a point with conforming clearance (i.e. 600 mm high by 600 mm wide).
Report means a Termite Assessment Report or a Timber Pest Detection Report (as the case may be) provided by EPM to the Customer after undertaking an Inspection;
Services means the services stated in the Quote which can include (among other things) Assessments, Inspections and/or Treatments;
Surcharge means the surcharge notified to the Customer from time to time.
Term means the Initial Term plus any subsequent month to month terms pursuant to clause 20(b) of these Terms.
Termites means subterranean termite species but does not include European House Borer, dampwood and drywood termites.
Termite Protection Warranty is a warranty leaflet provided by EPM to the Customer.
Terms means these terms and conditions which apply to any Quote or Order.
Timber Pests means Termites, borers, fungal decay or chemical delignification.
Treatment means the treatment(s) specified in the Report or Pest Management Report, which can include the supply and/or installation of Products.
Vertebrate Pests means rodents, pigeons, possums and feral animals.
(a) Any reference to a document, law or regulation is a reference to that document, law or regulation as amended from time to time.
(b) The Customer’s terms and conditions, howsoever provided, do not form part of these Terms (even if any representative of EPM signs those terms and conditions and/or they are annexed to these Terms or any Quote or purchase order). Any variation or changes to these Terms (other than an update to these Terms by EPM), whether to apply to all subsequent Orders, or any particular Order, may only be made if it:
(i) is in writing;
(ii) is signed by authorised managers of both parties; and
(iii) expressly states that it is a variation to these Terms, and the parties agree and acknowledge that their representatives and employees that are not authorised managers as referred to in this clause 2(b) do not have the authority to vary these Terms, or to agree that these Terms do not apply to a supply to which these Terms would otherwise apply.
3. Quotes and Orders
(a) A Quote will remain valid for 30 days from the date on the Quote unless otherwise stated in the Quote. Any extension of this period is at the discretion of EPM.
(b) The Quote sets out the specific Services and/or Products being quoted. Any change to any detail of the Services and/or Products may result in a price change.
(c) If the Customer places an Order with EPM after receiving these Terms, the Customer shall be deemed to have read and unconditionally agreed to these Terms.
(d) EPM reserves the right to accept or decline, in whole or in part, any Order placed by the Customer.
4. EPM’s Obligations
(a) EPM agrees to carry out and complete its obligations under the Agreement to at least an industry standard of workmanship.
(b) EPM warrants that it will comply with all relevant Australian Standards and Codes of Practice.
5. Customer Obligations
The Customer must:
(a) provide EPM or its Agents with access to the Premises in order to supply the Services;
(b) before the agreed appointment time, advise EPM or its Agents if the Customer or the Customer’s family members, employees or contractors have any health concerns, are pregnant or breastfeeding. Women who are pregnant or are breastfeeding must vacate the Premises during treatment (and for up to 4 hours after the treatment);
(c) before the agreed appointment time, inform EPM of any part of the Premises which the Customer knows or suspects to be hazardous (or in which a potentially hazardous process is being carried out);
(d) if required by EPM or its Agents, vacate the Premises whilst the Service is being conducted. EPM or its Agents will advise the Customer when it is safe to return to the Premises, and the Customer agrees not to access the Premises until this time;
(e) comply with all instructions, recommendations and documentation (including any Reports or Pest Management Reports) given by EPM or its
Agents regarding Treatment, the management of Pests and the use, operation and maintenance of any Products;
(f) advise EPM or its Agents as soon as possible if any Products are damaged, stolen or are in need of repair;
(g) not (nor attempt to) handle, relocate, dismantle, modify or repair any Products, or allow any person other than EPM to do so. The Customer agrees to indemnify EPM for the cost of repairing or replacing the Products (including EPM’s Call-Out Costs) arising from or connected with loss of or
damage to any Products from a breach of this clause 5(g) and
(h) immediately inform EPM if any changes occur to the Premises or the Products which may result in the Premises or any Products becoming a health or safety hazard.
6. Customer Acknowledgements
The Customer acknowledges and agrees that:
(a) EPM will only undertake the Services in Readily Accessible Areas unless otherwise agreed in writing;
(b) Treatment may cause staining and other cosmetic damage to timbers, fabrics, wall coverings, floor coverings and other materials in or on the Premises. EPM will not be liable for any damage arising from the Treatment;
(c) Treatment may be harmful to humans and pets. The Customer must follow EPM’s safety instructions and keep children and pets away from any Products or treated areas. EPM will not be responsible for any sickness, injury or death arising from the Products or any Treatment;
(d) it may not be possible to totally eradicate Pests. EPM is only required to limit or manage Pests under the Agreement;
(e) Pests are unlikely to be eradicated through Treatment alone – a combination of Treatment and a strict compliance with clause 5(e) is
usually required to limit or manage Pests; and
(f) further Treatment may be required. EPM is not liable for the cost of any future Treatment under the Agreement unless the future Treatment is
required as a result of a negligent act or omission on the part of EPM.
7. Customer Warranties
The Customer warrants and agrees that the Premises is at all times a safe working environment. The Customer must indemnify EPM for any loss or
damage that EPM suffers as a result of the Premises being unsafe, save and except loss or damage caused by a negligent act or omission on the part of EPM or its Agents.
(a) The Customer agrees to pay the Price (without set-off, deduction or counterclaim) at the time of booking or immediately after the Services have
been rendered, unless the Customer has entered into a Credit Agreement, in which case the terms of that Credit Agreement will apply.
(b) EPM may change its price list at any time for future Services upon notice in writing to the Customer (which notice may be given via EPM’s website).
(c) A surcharge may be payable by the Customer where Services are required to be performed before 6.00am (WST) or after 6.00pm (WST) on any day, Monday to Sunday inclusive.
(d) The Customer must, on demand, reimburse EPM for all costs (including all legal costs on a full indemnity basis) charges, expenses, fees and
disbursements paid or incurred by EPM in recovering or attempting to recover from the Customer any amounts outstanding under the Agreement.
EPM collects the Customer’s personal information for the purpose of providing the Services and keeping a record of transactions on our file. Personal
10. Force Majeure
a) A party (Affected Party) is not liable for any delay or failure to perform an obligation (other than to pay money) under the Agreement caused by an act of God, fire, war, insurrection or other armed conflict, riot, vandalism or sabotage, strike, lockout, ban, transport or port accident or congestion, pandemic, epidemic, quarantine of persons or goods, limitation of work or other industrial disturbance, or any law, rule, regulation, order, requirement or restraint imposed by any government or governmental agency whether local, state, national or international (other than an order, requirement or restraint resulting from the Affected Party’s breach of any law, permit or authorisation).
(b) The Affected Party must notify each other party as soon as practical of any anticipated delay or failure caused by an event specified in clause 10(a) (Event).
(c) The performance of the Affected Party’s obligation is suspended for the period of delay caused by the Event to the extent performance is prevented by the Event from the date notice is given under clause 10(b) and any such non-performance or delay in performance of this Agreement will not be a breach of this Agreement.
(d) Any party may terminate this Agreement at the expiration of not less than 7 days’ notice to the other party if prevention of performance of a material obligation by an Event, or a delay caused by the Event, exceeds 90 days.
(e) If a party terminates this Agreement under clause 10(d), all money previously paid under this Agreement for which no goods, services or other consideration has been provided must be refunded.
(a) The Customer may cancel the Services at any time prior to performance of the Services.
(b) If the Customer cancels an Order or fails or refuses to provide EPM or its Agents with access to the Premises then EPM will be entitled to charge the Customer a Cancellation Fee.
(a) A party (Non-defaulting Party) may terminate the Agreement at any time by written notice to the other party (Defaulting Party) if any of the following apply:
(i) the Defaulting Party fails to carry out any provision of the Agreement, the failure is capable of remedy and the Defaulting Party does not remedy that failure within 7 days after written notice to the Defaulting Party requiring it to be remedied;
(ii)a judgement, order or encumbrance is enforced, or becomes enforceable upon any of the Defaulting Party’s property;
(iii) an order for payment is made or judgment for an amount exceeding $10,000 is entered or signed against the Defaulting Party which is not satisfied within 7 days;
(iv) the Defaulting Party suspends or delays payment of its debts;
(v) the Defaulting Party is unable to pay its debts as and when they fall due or goes into bankruptcy;
(vi) the Defaulting Party (being a corporation) has a liquidator appointed to it, or has a mortgagee of the corporation assume control of or a receiver appointed to any of the assets or undertakings of the Defaulting Party (not being an Insolvency Event);
(vii) the Defaulting Party (being a corporation) is deregistered;
(viii) the Defaulting Party breaches a Credit Agreement; or
(ix) the Defaulting Party is subject to an Insolvency Event.
(b) The Agreement may be terminated by EPM at any time effective immediately upon the giving of notice if a change occurs in the Customer’s circumstances which, in EPM’s reasonable opinion, may have a material adverse effect on the Customer’s ability to comply with its obligations under the Agreement.
Examples include (but not limited to):
(i) a change in the Customer’s financial position up and until an Insolvency Event occurring;
(ii) the Customers factoring its debts; or
(iii) the Customer becoming party to litigation, arbitration or any other administrative proceeding.
(c) If the Customer is the Defaulting Party under the Agreement (or any of the events in clause 12(B) occurs) EPM may, at its option, exercise any or all of the following rights in addition to any other rights it may have under the Agreement or at law:
(i) suspend performance of further Services to the Customer whether under the Agreement or otherwise; and/or
(ii) withdraw any credit facilities which may have been extended to the Customer and require immediate payment of all moneys owed to the Company by the Customer.
(d) The Defaulting Party will be responsible for, and will indemnify the Non-Defaulting Party against, any damages, costs (including, without limitation, legal fees on a solicitor-client basis), losses and expenses, incurred by the Non-Defaulting Party as a result of the breach
(e) Upon termination of these by either party for any reason each party retains its rights against the other party in respect of any past breach, in addition to any other rights, powers or remedies provided by law.
(a) If any Product supplied by EPM under the Agreement is defective, EPM’s liability (if any) shall be limited to:
(i) Termite Protection Warranty where the Products were supplied for the Treatment of Termites; and
(ii) Customer’s rights under the Australian Consumer Law;
(b) To the extent permitted by law, EPM’s liability under any condition or warranty which cannot legally be excluded is limited to:
(i) the replacement of the Products or the supply of equivalent Products;
(ii) the payment of the cost of replacing the Products or of acquiring equivalent Products;
(iii) the repair of the Products; or
(iv) the payment of the cost of having the Products repaired;
(i) the supplying of the Services again; or
(ii) the payment of the cost of having the Services supplied again.
(c) Where the Customer acquires Products from EPM for the purpose of on supplying to another person (“consumer”), EPM shall not be liable for any Consequential Loss suffered by the Customer unless otherwise stated in a contract or agreement. However, to the extent required by the Australian Consumer Law, EPM may be liable for any Consequential Loss suffered by the consumer.
(d) EPM is not liable for any loss or damage to the Premises (or any other property) or for any personal injury to the Customer or any third party caused by:
(i) Invasive Inspections except where the loss or damage is caused by a negligent act or omission by EPM or its Agents;
(ii)any Treatments except where the loss or damage is caused by a negligent act or omission by EPM or its Agents;
(iii) the actions or omissions of any third party or contractor;
(iv) the introduction of infested timbers or other articles following Treatment;
(v) any alterations or construction to the Premises following Treatment;
(vi) any disturbances to the treated areas whether caused by the Customer or a third party;
(vii) any treatments or other services provided by a party other than EPM; or
(viii) existing Pest infestation or damage to the Premises.
(e) EPM will not be liable for any:
(i) loss or damage to the Premises (or other property) arising from Pest activity or infestation where EPM was unable to gain full and uninterrupted access to the Premises in undertaking an Inspection or Treatment; and
(ii) damage to concealed services (such as gas, power and water) arising from any concrete drilling or cutting unless, before work commenced, EPM was provided with plans in accordance with clause 19 (a)(ii)
(a) Any expression used in this clause 14 and which is defined in the GST Act has the same meaning in clause 14.
(b) Unless otherwise expressly stated, all amounts stated to be payable by the Customer under the Agreement are exclusive of GST. If GST is imposed on any supply made under or in accordance with the Agreement, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply. Payment of
the additional amount will be made at the same time as payment for the taxable supply is required to be made in accordance with this document, subject to the provision of a tax invoice by the supplier to the recipient.
15. Dispute Resolution
(a) If a dispute or difference arises between EPM and the Customer in respect of any fact, act, matter or thing arising out of or in any way connected with the Agreement and one party requires the dispute or difference to be resolved, then that party will promptly give the other party a written notice giving details of the dispute.
(b) Within 14 days of a party receiving a notice, the parties, and/or their delegates, must meet and attempt to resolve the dispute in good faith.
(c) If, within 14 days of the meeting, the dispute is still not resolved, then, either party may proceed to litigation.
(a) The Agreement is governed by and are to be construed according to the laws of Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia.
(b) If any part of the Agreement is, or becomes, void or unenforceable, that part is, or will be, severed from the Agreement so that all parts that are not, or do not become, void or unenforceable remain in full force and effect and are unaffected by that severance.
(c) A failure to exercise or delay in exercising any right, power or privilege by any party will not operate as a waiver of that right, power or privilege. A single or partial exercise of any right, power or privilege will not preclude any other or further exercise of that right, power or privilege, or the exercise of any right, power or privilege.
(d) The Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and contains all of the representations, warranties, covenants and agreements of the parties in relation to the subject matter of the Agreement as at the date of the Agreement. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by the Agreement and has no further effect.
17. Customer Acknowledgements
The Customer acknowledges and agrees that:
(a) Non-Inspection Areas will not be inspected, and EPM cannot provide any warranty or guarantee as to the absence of Termites or Timber Pest activity or damage in such areas;
(b) EPM will not inspect and report on:
(i) common property where the Premises is a strata title property – the Inspection will be limited to the interior and the immediate exterior of the Premises; and
(ii) undetectable or latent defects, including but not limited to, defects concealed by lack of accessibility, obstruction such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint;
(c) if EPM or its Agents are required to undertake an Invasive Inspection, EPM will advise the Customer what will be required to enable access before undertaking any work. The Customer may be required to move furniture and other objects to provide EPM with access;
(d) EPM is not qualified to inspect the Premises for structural damage. If a Report reveals evidence of any Termite or Timber Pest activity or damage, the Customer should engage an appropriate professional to inspect the damage and provide advice on the same;
(e) a Report is only indicative of any Termite or Timber Pest activity or infestation as at the date and time of the Inspection;
(f) it is not possible to inspect or establish effective chemical barriers or other Treatment in or around water tanks, outdoor steps, air-conditioning units or any external fixtures;
(g) some Termites and Timber Pests are able to breach or bridge treated areas. Visual Inspections should be conducted by EPM at intervals not exceeding 12 months; and
(h) it may not be possible to totally eradicate Termites and Timber Pests and EPM is only required to limit or manage Termites and Timber Pests under the Agreement. Further Treatment may be required and damage from future infestation may occur. EPM is not liable for the cost of any future Treatment under the Agreement unless the future Treatment is required as a result of a negligent act or omission on the part of EPM.
(i) EPM provides a Termite warranty in addition to the statutory guarantees and warranties to which the Customer is entitled. The terms of this warranty are outlined in the Termite Protection Warranty.
18. Customer Warranties
The Customer warrants and agrees to maintain any treated areas in or on the Premises by preventing the storage of timber, redirecting reticulation away from the home or dwelling, removing pot plants that are adjacent to the dwelling, elevating stored goods in yard, garage or shed, redirecting hot water system and air conditioning overflow away from dwelling, preventing vegetation growing on the dwelling and all other matters advised to the Customer that might allow Pests to breach or bridge treated areas.
19. Customer Obligations
(a) Before the agreed appointment time, the Customer must:
(i) procure authorisation from all registered proprietor(s) of the Premises to EPM undertaking a pre-purchase Timber Pest inspection;
(ii) provide EPM with clear and accurate plans showing the location of concealed services where EPM is required to undertake an invasive Inspection which involves concrete drilling or cutting at the Premises;
(b) The Customer must immediately inform EPM if the Customer believes that Termite treatment has been bridged or breached.
20. Term and Termination (for Customers on a Termite Protection / Service Plan)
(a) Subject to clause 12 and this clause 20, the Agreement commences on the Commencement Date and continues for the Initial Term.
(b) Upon expiration of the Initial Term, the Agreement, unless terminated by the Customer in accordance with clause 12 or by the Customer in accordance with clause 20(c), will automatically revert to a month to month contract, on the same terms and conditions as the Initial Term. The month to month contract may be terminated in accordance with clause 12 and clause 20(c)
(c) The Customer may terminate the Agreement by providing EPM with 20 Business Days (Notice Period) written notice. Notice must be sent by email to [email protected]. The Notice Period commences from the date of receipt of the email by EPM.
(d) If the Customer terminates the Agreement prior to the end of the Initial Term, the Customer must pay to EPM the higher of:
(i) the Price; or
(ii) EPM’s reasonable costs which shall be calculated by EPM at reasonable rates for labour and materials and will include a reasonable administration charge, allowance for overheads and profit and other reasonable costs incurred by EPM as a result of the deemed cancellation. EPM will take reasonable steps to limit these costs.
(e) Upon termination of these by either party for any reason, EPM is entitled to immediate possession of any Products owned by EPM, and the Customer will allow EPM to enter the Premises to remove said Products.
21. Timber Pest Detection Report
Each supply of Services for Timber Pests shall be subject to the terms and conditions contained in the Timber Pest Detection Report (Timber Pest Terms). If there is any inconsistency between the Timber Pest Terms and these Terms, the Timber Pest Terms shall prevail except where these Terms provide otherwise. The Timber Pest Terms will be supplied upon request.
22. Customer Acknowledgements
The Customer acknowledges and agrees that EPM will treat the active wasp and will remove any wasp nests if they are in a Readily Accessible Area.
23. Customer’s Obligations
The Customer must comply with all instructions and recommendations, including carrying out the following preparatory work at the Premises before the agreed appointment time:
(a) cover and seal up any fish tanks, ponds or aviaries;
(b) for bed bugs, remove all bedding and all clothing and soft items from cupboards and wardrobes and place in sealed plastic bags. These articles must then be laundered at over 60 degrees prior to re-use;
(c) vacuum and mop all floors; and
(d) for fleas, ensure any pets have been examined and if necessary treated for fleas by a vet.
24. Customer Acknowledgements
The Customer acknowledges and agrees that:
(a) in relation to feral cats, the Customer agrees to inspect traps every 24 hours. Where a cat has been caught, the Customer must contact EPM immediately on (08) 6461 5700 to arrange their removal;
(b) in relation to pigeons, EPM will regularly inspect the traps and remove any pigeons caught;
(c) where EPM is engaged to shoot pigeons, this will be done after-hours, and EPM will not be liable for any noise complaints arising from this activity;
(d) in relation to rodents, EPM will regularly inspect traps and dispose of any carcasses at no extra cost. However, a surcharge will be payable for the removal of any carcasses as a result of baiting;
(e) where there is evidence of infestations emanating from sewers or drains, EPM may require the Customer to obtain specialised inspections or works. EPM cannot inspect or treat sewers or drains.
25. Customer’s Obligations
The Customer must comply with all instructions and recommendations, including carrying out the following preparatory work at the Premises before the agreed appointment time prune any trees adjacent to the building or dwelling.
TERMITE WARRANTY TERMS & CONDITIONS
1. Definitions and Interpretation
(a) The following defined terms apply to this Warranty:
EPM or us means Leon Enterprises Pty Ltd ACN 059 951 281, trading as Envirotechnics Pest Management and includes its employees and agents and or has a corresponding meaning.
Termite Assessment Report means a Termite Assessment Report conducted by EPM.
Terms means EPM’s terms and conditions of supply.
Warranty means this document, which is subject to the Terms.
Warranty Period means a period of 12 months, beginning on the Commencement Date.
You means the Customer/Client as defined in the Terms and your has the corresponding meaning.
(b) This Warranty applies where:
(i) a Termite Assessment Report is provided to you;
(ii) treatment is undertaken in accordance with the Termite Assessment Report; and
(iii) the Termite Assessment Report states that this Warranty applies.
(c) This Warranty is subject to and must be read in conjunction with the Terms. To the extent of any inconsistency between the Warranty and the Terms, the Terms shall
(d) To the extent that this Warranty is silent or does not deal with any matter, the Terms shall apply.
(e) Any defined terms used in this Warranty that are not defined in this clause shall have the meaning prescribed in the Terms which will be supplied upon request.
2. Australian Consumer Law
The Australian Consumer Law (ACL) requires us to give you the following notice about the consumer guarantees it provides, which apply in addition to your Warranty:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• To cancel your service contract with us; and
• To a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
3. What your Warranty covers
(a) This Warranty covers the:
(i) the reasonable cost of repairing or replacing of:
(A) structural items;
(B) fixed cupboards; and
(C) ceiling materials,
that form part of the main residence on the Premises that are damaged by Termites during the Warranty Period; and
(ii) the treatment by EPM of any Termite infestation in the main residence on the Premises during the Warranty Period.
(b) This Warranty applies in addition to the statutory guarantees and warranties to which you are entitled, including under the Australian Consumer Law.
4. What your Warranty does not cover
This Warranty does not cover or include any loss or damage:
(a) to any items or structures that do not form part of the main residence on the Premises;
(b) caused by Termites entering via untreated areas;
(c) that occurs outside of the Warranty Period;
(d) arising from any act or omission by you which bridges or breaches the termite management system created by EPM. Termite management systems may be bridged by attaching structures to the main building such as steps, verandahs, decks, access ramps, claddings, carports, trellises or pergolas. Termite management systems may be breached by the installation of service entry points, downpipes additional slabs, landscaping or gardening; or
(e) otherwise excluded pursuant to clauses 6(d) and 20 of the Terms.
(f) to floor coverings of any type including timber flooring.
5. What you can do
(a) As a home owner, you can take extra care to minimise the risk of Termite attack by observing the following recommendations detailed in the Australian Standards Code
(i) do not store firewood against the wall of the main residence on the Premises;
(ii) ensure that any additions, alterations or works carried out do not bridge or breach the termite management system (NOTE:preventative termite management systems extend 150mm from the outside walls and down to the top of the footings as per manufacturers recommendations); and
(iii) ensure that the ground levels around the building are maintained in such a way as to minimise the possibility of water entering underneath the building. Water pipes, roof water disposal and stormwater drains should be kept free of leaks and blockages and should not discharge adjacent to the building.
(b) If you think you may have bridged or breached the termite management system, please contact EPM immediately so we can re-treat the affected areas and keep this Warranty valid.
6. How to claim under this Warranty
(a) Claims made under this Warranty must be made within one (1) month of the defect becoming apparent. Copies of any Quotes, Orders or other purchase documentation
showing the purchase date and details of the defect must be included with your written claim, submitted to Envirotechnics Pest Management of 4/63 Walters Drive, Herdsman
WA 6017 or by email to [email protected]. You are to bear your own costs of submitting your claim.
(b) This Warranty is provided by Leon Enterprises Pty Ltd ACN 059 951 281, trading as Envirotechnics Pest Management of Lot 4 Stirling Crescent, Hazelmere WA 6005 (08) 6461 5700.