Pre-construction termite - SouthCape Pest Management

Terms and Conditions – SouthCape Pest Management (SPM)

General Obligations and Acknowledgements: Rentokil Initial Pty Ltd ABN 98 000 034 597 trading as SouthCape Pest Management (“SPM”) 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 or by allowing SPM to commence installation of the System. The Customer warrants that they are the property owner or 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 more open and visible and be detected by a termite inspection. Effectiveness depends on a complete system in accordance with AS 3660 using approved termiticides and products. If the System is disturbed, bridged, breached, 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) SPM is an installer, not the manufacturer of the components. Installation will be in accordance with AS 3660 and manufacturer 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 the System requires installation at a specific and early stage of construction. Where a concrete slab forms part of the System, the Customer must ensure the slab meets AS 2870.
(d) Where the System is a partial installation and not a continuous barrier due to design or site conditions, there is a risk of termite breach. In such cases, more regular inspections, additional measures, and/or re-treatments may be necessary.
(e) Annual (or more frequent, if risk is heightened) visual termite inspections in accordance with AS 3660 are crucial. These increase the likelihood of early detection. When performed by SPM, advice will also be given on removing conditions conducive to termite infestation (e.g. untreated timbers, poor drainage/ventilation).
(f) The Customer must properly prepare the site in accordance with AS 3660.1 prior to installation. 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 no component of the System is tampered with, removed, cut, penetrated, or damaged during construction or landscaping. SPM is not responsible for any damage or change occurring after SPM completes its installation.
(h) A reticulation system must be charged (chemically pumped through) upon completion of construction and landscaping.
(i) The efficacy of the System depends on proper maintenance and ensuring it is not “bridged” or “breached”. Bridging means termites pass over the barrier; breaching means there is a hole or gap (e.g. from landscaping, renovations, flooding). Treated areas must not be disturbed without consulting SPM.
(j) The Customer must ensure the building owner is aware of:
    (i) the need for ongoing termite inspections (annually or as recommended);
    (ii) ongoing maintenance obligations for the System and protecting components such as pipes from damage;
    (iii) the need for reticulation systems to be serviced and replenished at recommended intervals (details provided in the installation certificate and site notice). Any damage must be reported immediately to SPM for repair;
    (iv) that termite management systems will be ineffective if bridged or breached. Owners should contact SPM before renovations, extensions, landscaping, or in the event of flooding or evidence of termite activity. Live termites should not be disturbed.
Installation Certificate: Subject to full payment, SPM will issue the Customer with a certificate of installation of a Termite Management System in accordance with AS 3660.1 – new buildings. This certificate may only be relied upon by the Customer or property owner unless otherwise agreed in writing by SPM.
Fees and Payment: The Fee plus GST is payable within 30 days unless otherwise agreed. An electronic tax invoice will be issued upon completion.
Interest, Recovery Costs & No Deductions: Interest on overdue amounts accrues at 2% above SPM’s bank overdraft rate (under $100,000). The Customer is responsible for all recovery costs. No set-off or deduction is permitted.
Revisions to Price: SPM may charge additional fees at its normal hourly rate if delays occur due to denied access or unprepared/unsafe sites.
Manufacturers Guarantees: Some manufacturers of components may offer guarantees. These are subject to their own terms and conditions. Customers should consult manufacturer websites for details. SPM does not endorse or confirm the availability or utility of such guarantees unless confirmed in writing. The building owner is responsible for compliance with any guarantee conditions, including inspections and maintenance obligations.
Access and Safety: The Customer must provide SPM staff full and safe access to the site, including water and electricity, and necessary cooperation. SPM will comply with reasonable security and safety instructions. The Customer must comply with SPM’s safety and pesticide instructions.
Damage to Utilities: The Customer is responsible for identifying all utility services (water, gas, electricity, phone, etc.) before installation requiring drilling or cutting. SPM will take due care, but the Customer is liable for damage unless caused by SPM’s negligence.
Reliance on Documents: All documents provided are for the benefit of the named Customer or property owner. Neither this agreement nor the installation certificate may be assigned or relied upon by others without SPM’s prior written approval.
Force Majeure: SPM is not responsible for failure to meet obligations due to causes beyond its control.
Bribery: Both parties agree not to offer or accept any undue financial or other advantage in connection with this agreement and to comply with all anti-bribery laws. Breach entitles termination.
Privacy: The Customer authorises SPM and its related entities, 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 will also disclose the building owner’s name and contact details.
Entire Agreement: This agreement supersedes all previous agreements regarding pest control services and is the entire agreement between the parties. To the extent permitted by law, SPM excludes all guarantees, representations and conditions except as expressly made in writing.
Liability: To the extent permitted by law:
(a) SPM is not 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, SPM’s liability is limited, at its option, to:
(i) resupply of the services or cost of resupply; or
(ii) resupply of the goods or cost of resupply.
(c) In all other cases, SPM’s liability is limited to the fees received from the Customer under this agreement.
General:
(a) This agreement may only be amended in writing signed by both parties.
(b) “Writing” includes email.
(c) If any provision is invalid or unenforceable, it may be severed without affecting the remainder.
(d) Each indemnity is a continuing obligation, separate and independent, and survives termination.
(e) This agreement is governed by the laws of the State/Territory where services are provided, and both parties submit to that jurisdiction.