These terms govern the provision of safety and compliance services by Gas and Electrical Safety Checks Pty Ltd. Please read these terms carefully as they apply to our services including smoke alarm, gas and electrical safety and compliance services.
Thank you for using Gas and Electrical Safety Checks Pty Ltd for your owned property or properties ("Property"). Please read these terms ("Terms") including the Schedule carefully as they apply to our provision to you of our safety and compliance services, including smoke alarm, gas and electrical safety and compliance services and, where applicable, other services that we provide from time to time at your Property (each a "Service", collectively "Services"). Each Service is provided on specific terms and conditions relevant to that Service ("Service Terms") as set out in the Schedule. To the extent of any inconsistency between these Terms and any Service Terms, these Terms prevail. By accepting any or part of our Services you acknowledge and agree to be bound by these Terms.
You acknowledge that these Terms may be modified by us from time to time, including but not limited to terms relating to fees and charges, cancellation and modifying the Services your Enrolled Property receives.
Please also review our Privacy Policy to learn more about how we use information we procure in the provision of the Services, noting that you will be taken to be bound by our Privacy Policy upon the entry into of these Terms, and you consent to the collection, use and disclosure of your 'personal information' (as that term is defined in the Privacy Act 1988 (Cth)) being treated by us in accordance with that policy.
In these Terms (and where the context permits), the singular includes the plural and vice versa, and a reference to:
Your property is an Enrolled Property and will receive the Services during the Term in return for payment of the Fees.
The fees payable by you will be based on the Services the Enrolled Property is enrolled in and will be notified to you by us or by your Agent at enrolment, together with these Terms.
You authorize your Agent to pay us on your behalf in respect of any Fees due.
Where your Property is enrolled in one or more individual Services, Fees will be payable within fourteen (14) days of the invoice date without set off or deduction.
You may choose to terminate the Services in respect of the Enrolled Property at any time by providing us with written notice. Upon termination, the property will cease to be an Enrolled Property and will automatically become an Excluded Property.
Should we suspend the Services pursuant to these Terms, we may terminate these Terms by written notice to you or your Agent.
We shall be entitled to recover from you any Fees accrued with respect to the provision of the Services to you that remain unpaid as at the date of termination and such fees will become immediately payable;
We accept no risk regarding your compliance obligations at Law or the installation, repair or ongoing maintenance of the items of plant or equipment that we are required to ordinarily test and/or maintain as part of the Services ("Serviced Equipment"); and you immediately assume and accept all risks at Law associated with the Serviced Equipment and your compliance obligations at Law.
In the event that these Terms are terminated by your Agent because your property is no longer managed by your Agent, then you agree and undertake to indemnify your Agent for any fees payable to us.
The extent of our obligations with respect of the Services is to ensure they are:
We are liable to you for:
If you have contributed to any loss or damage you are claiming against us, our liability is reduced to the extent of your contribution. (collectively, "Our Agreed Liabilities").
You will not be liable to us for any indirect or consequential losses that we suffer as a result of a breach by you of these Terms.
Those obligations under the subparagraph titled "Following Suspension or Termination", the paragraph titled "Restrictions and Exclusions", this paragraph and any other indemnities provided under these Terms survive the termination or expiry of these Terms.
The Terms and Service Terms are governed by the laws of the state and territory in which your property is located. If part of these Terms and/or Services Terms is not legally enforceable, that part will be cut from these Terms and/or Services Terms and all other parts of these Terms and/or Services Terms shall continue.
You may transfer or assign your rights under these Terms (where those rights are assignable). We may transfer or assign some or all of our rights and/or obligations under these Terms and Services Terms.
You agree that any information, advice or material we provide to you in the supply of Services by us is for guidance purposes only and does not constitute legal advice. You are responsible for obtaining your own legal advice with respect to any such information, including any obligations at Law that you may have with respect to the Serviced Equipment.
This Schedule includes the Service Terms for the annual Smoke Alarm Safety & Compliance Service ("Scheduled Smoke Alarm Service") and the Guarantee Services (collectively, "Smoke Alarm Services").
The Service Fee for each Scheduled Smoke Alarm Service is $99 (plus GST).
For each Property that is enrolled in the Smoke Alarm Services (and is not an Excluded Property), we will (subject to fulfillment of your obligations under the Terms) ensure that a Scheduled Smoke Alarm Service is carried out at least annually, which shall include (but is not necessarily limited to):
For each Property that has received the Annual Service (and is not an Excluded Property), call out and rectification costs for all Smoke Alarms (excluding Excess Smoke Alarms and FIP Linked Smoke Alarms) ("Guarantee Services") will be provided at no charge to the Owner for 12 months following each Scheduled Smoke Alarm Service ("Service Guarantee").
This Schedule includes the Service Terms for the biennial (every 2 years) Gas Safety & Compliance Service ("Scheduled Gas Service") and the Guarantee Services (collectively, "Gas Services").
The Service Fee for each Scheduled Gas Service is $330 (inc GST).
For each Property that is enrolled in the Gas Services (and is not an Excluded Property), we will (subject to fulfillment of your obligations under the Terms) ensure that a Scheduled Gas Service is carried out at least once every two years, which shall include (but is not necessarily limited to):
For each Property that has received the Scheduled Gas Service (and is not an Excluded Property), call outs for all Gas Appliance breakdowns including pilot light relights and thermocouple replacements ("Guarantee Services") will be provided at no charge to the Owner for 12 months following the Scheduled Gas Service ("Service Guarantee"), expressly excluding recurring faults in a Gas Appliance if recommended rectification of the fault is declined by the Owner.
This Schedule includes the Service Terms for the biennial (every 2 years) Electrical Safety & Compliance Service ("Scheduled Electrical Service") and the Guarantee Services (collectively, "Electrical Services").
The Service Fee for each Scheduled Electrical Service is $275 (inc GST).
For each Property that is enrolled in the Electrical Services (and is not an Excluded Property), we will (subject to fulfillment of your obligations under the Terms) ensure that a Scheduled Electrical Service is carried out at least once every two years, which shall include (but is not necessarily limited to):
For each Property that has received the Scheduled Electrical Service (and is not an Excluded Property), we will provide, at no charge to the Owner for 12 months following the Scheduled Electrical Service ("Service Guarantee"), the Guarantee Services, being: