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Pre-construction termite - NT Pest & Weed

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  • General Obligations and Acknowledgements:
    Rentokil Initial Pty Ltd ABN 98 000 034 597 trading as NT Pest & Weed (“NTPW”) agrees to install a termite management system in accordance with AS 3660.1 (as amended) Termite Management, Part 1: New Building Work (the “System”) at the property described in the confirmation email for the Fee (plus GST). Installation will be undertaken in accordance with AS 3660, the Customer’s instructions and site requirements, and the System component manufacturer’s installation manual. This booking confirmation email sets out the System type (i.e. pre-construction barrier or reticulation system), manufacturer, site installation diagram, proposed installation date and Fee (plus GST).

  • Acceptance and Authority:
    The Customer’s acceptance of these terms may be confirmed either by email confirmation or by allowing NTPW to commence installation of the System. The Customer warrants that it is the property owner or is authorised by the property owner to enter and perform this agreement.

  • Subterranean Termites Only:
    All references to termites, termite inspection or termite control refer to subterranean termites only.

  • Customer Acknowledgements and System Maintenance:
    The Customer acknowledges that:
    (a) The purpose of a termite management system (physical barriers or reticulation system) is not to kill termites but to deter concealed entry by subterranean termites into a building. The operation of a termite management system is intended to increase the likelihood that termite activity will become open and visible, and be detected by a termite inspection. The effectiveness of the installation is dependent on the provision of a complete termite management system in accordance with AS 3660 using approved termiticides and products. If the System is disturbed, bridged or breached (see below) or not maintained, concealed entry by termites is possible. No guarantee is given that the System will prevent termite damage, however the property owner will receive a manufacturer’s guarantee on the product installed if they are eligible.
    (b) NTPW is an installer and not a manufacturer of the components of the System. Installation will be undertaken in accordance with AS 3660 and the manufacturer’s specifications. The Customer is responsible for assessing whether the System will operate in accordance with AS 3660.1 in relation to the proposed building design and building methods.
    (c) Installation of a Termite Management System in accordance with AS 3660.1 requires installation of the components at a specific and early stage of construction. Where a concrete slab forms an integral part of the System under AS 3660.1, the Customer is responsible for ensuring that the slab meets the requirements of AS 2870.
    (d) Where the System is a partial installation and not a complete and continuous barrier due to building design or site conditions, there is risk that the barrier or treated zone can be breached by termites. In such cases, more regular termite inspections in accordance with AS 3660, additional measures and/or re-treatments may be necessary to manage the risk.
    (e) Annual (and in some higher risk cases, more frequent) visual termite inspections of the building and surrounding area by a competent termite inspector are crucial. Termite inspections are visual only. When undertaken in accordance with AS 3660, they increase the likelihood of detecting termites and enabling early remedial action. When undertaken by NTPW, this will include advice on steps to remove conditions conducive to termite infestation (e.g. untreated timbers, poor drainage, poor ventilation) as well as system maintenance.
    (f) The Customer must have properly prepared the site before the proposed installation date so that it complies with AS 3660.1, including taking steps to achieve termite control. Where slab edge exposure forms part of the System, at least 75mm of slab edge must remain exposed.
    (g) The Customer is responsible for ensuring that no component of the System is tampered with or disturbed after installation during construction or landscaping. NTPW is not responsible for any damage or changes to the System after completion of installation.
    (h) A reticulation system must be charged (chemically pumped through) on completion of construction and landscaping.
    (i) The efficacy of the System depends on the Customer and building owner ensuring it is properly maintained and not “bridged” or “breached”. Bridging means termites passing over the barrier or treated zone. Breaching occurs when the barrier (physical or chemical) has a hole or gap, which may happen during landscaping, renovations, flooding or other works. Do not disturb treated areas or system components without first consulting NTPW.
    (j) The Customer is responsible for ensuring the building owner is aware of:
        (i) the need for ongoing termite inspections (annually or as recommended by NTPW);
        (ii) ongoing maintenance obligations for the System and the need to protect components from damage;
        (iii) reticulation systems must be serviced regularly to check for faults and to ensure the chemical barrier is replenished. The recommended replenishment period and inspection frequency will be advised in the installation certificate and site notice. If damage to the system or components occurs, the owner should contact NTPW for inspection/repair; and
        (iv) termite management systems will be ineffective if bridged or breached. Owners should contact NTPW before renovations, extensions, landscaping, in the event of flooding, or immediately if evidence of termite activity is seen. Live termites should not be disturbed.

  • Installation Certificate:
    Subject to full payment, NTPW will issue a certificate of installation of a Termite Management System in accordance with AS 3660.1 – new buildings. The certificate is subject to terms and limitations and may only be relied upon by the Customer or property owner unless otherwise agreed by NTPW in writing.

  • Fees and Payment:
    The Fee plus GST is payable within 30 days unless otherwise agreed. NTPW will provide a tax invoice on completion of installation.

  • Interest on Overdues, Recovery Costs & No Deductions:
    Interest is payable on overdue amounts at 2% above NTPW’s bank overdraft rate. The Customer is responsible for all recovery costs. No set-off or deduction is permitted.

  • Revision to Price:
    NTPW may charge additional fees at its normal hourly rate if access is denied or the site is not prepared/safe at the proposed installation time.

  • Manufacturers Guarantees:
    Some manufacturers of System components may offer guarantees. These are subject to their own terms, conditions and exclusions. Customers should consult manufacturer websites. NTPW does not endorse or confirm their availability or utility unless confirmed in writing. The building owner is responsible for compliance with guarantee terms, including termite inspections and maintenance obligations.

  • Access and Safety:
    The Customer must ensure NTPW staff and authorised personnel have full and safe access to the site, including water and electricity. The Customer must provide necessary information, instructions and co-operation. NTPW will comply with reasonable security and safety instructions while on site.

  • Damage to Utilities:
    The Customer is responsible for identifying the location of utilities (water, drainage, electrical, gas, etc). NTPW will exercise due care but the Customer will be liable for damage unless caused by NTPW’s negligence.

  • Reliance on Document:
    All documents provided by NTPW are solely for the Customer or property owner. This agreement and any installation certificate cannot be assigned or relied on by others without prior written approval from NTPW.

  • Force Majeure:
    NTPW is not responsible for failure to meet obligations caused by events beyond its control.

  • Bribery:
    Neither party will offer, give, request or accept any undue advantage in connection with this agreement, and both will comply with applicable anti-bribery and corruption laws. Breach entitles termination.

  • Privacy:
    The Customer authorises NTPW (subject to the Privacy Act 1988) to use and disclose personal information for purposes connected with this agreement, in accordance with the Rentokil Initial Privacy Policy (www.rentokil.com.au). The Customer must disclose the building owner’s name and contact details to NTPW.

  • Entire Agreement:
    This agreement supersedes prior agreements and contains the entire agreement between the parties. To the extent permitted by law, NTPW expressly excludes all guarantees, representations and conditions except as may be made in writing.

  • Liability:
    (a) NTPW will not be liable for loss of profits, revenue, business, wasted expenditure, or any indirect or consequential loss.
    (b) Where a claim relates to a guarantee under the Australian Consumer Law, NTPW’s total liability is limited, at its option, to:
        (i) resupply of the services or the cost of resupply; or
        (ii) resupply of the goods or the cost of resupply.
    (c) In all other circumstances, NTPW’s liability is limited to the fees received under this agreement.

  • General:
    (a) This agreement may only be amended in writing signed by both parties.
    (b) “Writing” includes electronic mail.
    (c) If any provision is invalid or unenforceable, it may be severed without affecting the remainder.
    (d) Each indemnity is a continuing obligation and survives termination or expiry.
    (e) This agreement is governed by the laws of the State or Territory where the services are provided, and the parties submit to the jurisdiction of those courts.