1.1 A quote or proposal given by the Company in this page or otherwise does not constitute an offer to provide any Services.
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.
1.4 The Company may vary these terms at any time by giving notice to the Client.
2.1 Any quantities, weights or dimensions included in any quote, catalogues, advertisements, illustrated matter or price lists 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.
3.1 Technical documents, specifications or drawings submitted to a Client before a contract is formed remain the property of the Company at all times and may not be transmitted to a third party, copied, reproduced or used by the Client unless the prior written permission of the Company is obtained.
4.1 The Services comprise the Company’s assessment of the best way to mange the Client’s needs. Any expected results from the Services communicated by the Company to the Client are the Company’s assessment of the most likely outcome for the Client and do not and shall not be deemed to constitute a warranty or guarantee by the Company that any expected results will in fact be achieved by the Services.
4.2 Subject to the provisions of the Contract, all and any express or implied terms, conditions, warranties and representations with respect to the standard, quality, condition, fitness, durability or suitability of the Services (except those expressly contained in these Terms or otherwise expressly agreed to in writing by the Company) are to the extent that the same may be excluded by law, hereby expressly negatived and excluded.
4.3 The Client must satisfy itself as to the standard, quality and suitability of the Services and the fitness of the Services for the purpose(s) for which the Services are being purchased and as to its compliance with the description (if any) of such Services. Any description shall be by way of identification only and the use of a description shall not of itself make any Contract a contract of sale by description.
4.4 To the extent that the Competition and Consumer Act 2010 permits the Company to limit its liability for a breach of a guarantee implied pursuant to Division 1 of Part 3-2 of Schedule 2 of the Act, then the Company’s liability for such breach including any consequential loss which the Client or any third party may sustain or incur shall be limited, at the option of the Company, to:
4.6 The benefits of any warranty herein contained shall not apply in the case of:
5.1 After delivery of the Services to the Client, the Company shall not be responsible or liable to the Client, and the Client releases and discharges the Company, (in the absence of any wilful or negligent act or omission on the part of the Company) for and from any liability claim loss damage or expense of any kind or nature (including but not limited to loss of profits earnings or income direct indirect consequential contingent or resulting liability loss or damage whether to persons property or otherwise) or death or injury caused by or arising out of or relating in any manner or incidental to the Services or the delivery of the Services.
6.1 The price payable for the Services is the price or prices stated or otherwise set out in this Booklet, the Company’s standard work order form or as otherwise notified to the Client in writing.
7.1 Payment terms are strictly seven (7) days from the date of invoice.
7.2 If payment is not made within 7 days of the invoice date, the Client will be in default under the Contract and the Company may do any or all of the following:
If a timber pest inspection/report is required as part of the Client’s suggested property management plan, the Client acknowledges that:
The Company shall not be liable for any loss or damage suffered by a Client by reason of a delay, suspension or cancellation of any Services in part or in whole for any reason beyond the control of the Company, breakage or failure of any machinery or apparatus required to deliver the Services or labor trouble, strikes, lockouts or injunctions. Services delayed, suspended or cancelled under this clause may at the option of the Company be cancelled completely or delivered at a later time, (without any liability attaching to the Company as a consequence) and in either case, the Company shall notify the Client in writing accordingly.
10.1 Title to any goods or materials supplied by the Company to the Client as part of the Services shall not pass to the Client until such time (“the specified time”) as the cost of the Services and all other moneys (if any) due from the Client to the Company in respect of the Services or under any Contract between the Company and the Client shall have been paid to the Company in full.
10.2 Until the specified time, the Client shall be only a bailee of any goods or materials for the Company and the Client shall:
10.3 Any goods and materials shall be at the Company’s risk until the time they are delivered to the Client, when risk passes to the Client.
11.1 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 property 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.
11.2 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.
11.3 The Company during the course of the selected property management plan may be required to carry out tests and procedures using the following techniques and instruments:
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 property management plan.
Any request for cancellation of an order for Services must be made in writing. Any request for cancellation shall be of no force or effect and shall not be binding on the Company unless and until the request for cancellation is accepted by the Company in writing. Consent to a request for cancellation of any order for Services shall be at the sole and absolute discretion of the Company.
13.1 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 Property Management Plan and will affect the Free Service Period or Timber Replacement Guarantee if offered on the Management Plan.
13.2 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 in regards to the property management plan.
14.1 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.
14.2 No warranty period applies in respect of the Services unless the Company has expressly offered a warranty period as a term of the Contract with the Client.
14.3 If a warranty period applies under clause 14.2, the Client must allow the Company access to the Clients premises at all reasonable times as required by the Company to undertake any warranty work.
Any Contract is governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts of that State.
A party does not waive a right or power simply because it fails to exercise or delays exercising that right or power. A single exercise or power does not prevent in exercising it again or exercising any other right or power. A right or power may only be waived in writing signed by the party to be bound by the waiver.
Any provision in these Terms which is invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable. Otherwise, the offending provision may be severed to the extent of the invalidity or unenforceable, without affecting the remaining provisions of these Terms.
The Client may not assign any of its rights or obligations under any Contract without the Company’s prior written consent, which may be given or refused in the Company’s absolute discretion.
In these Terms, unless the context otherwise requires:
In this agreement unless the context requires otherwise the following expressions shall have the following meanings respectively;