Terms of Service - NSW Safety & Compliance Services
Introduction to Us and our Services
Thank you for using Detector Inspector 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 ongoing 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. Not all Services are available in all Australian states. 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. You will be notified of any changes to these Terms by us on http://bit.ly/safertermsnsw.
In these Terms (and where the context permits), the singular includes the plural and vice versa, and a reference to:
- “Agent” means your duly appointed agent for the management of your property at the Commencement Date.
- “Australian Consumer Law” means the consumer legislation set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- “Commencement Date” means the date a Service begins for an Enrolled Property, as notified to you in writing from time to time.
- “Detector Inspector” means each of our Related Entities incorporated from time to time shall be referred to collectively as "Detector Inspector", “we”, “us”, or “our”.
- “Enrolled Property” means a property that is enrolled to receive a Service or Services from us.
- “Excluded Property” means, in respect of a Service, a property that:
- is not a domestic residential dwelling;
- is not a property type ordinarily serviced by us, as determined by us from time to time and notified to you;
- is not enrolled in the Service by act or omission of your Agent or by you;
- during the Term, begins to be managed by an agent other than the Agent; or
- has had the Service suspended or otherwise terminated by you, by your Agent or by us.
- “Law” means any statute, regulations, instruments and by-laws and all other subordinate legislation or orders made by any authority with jurisdiction over the Services, including without limitation Australian Consumer Law.
- “property” includes both a rental property and an owner-occupied property, and includes all synonyms for property, including but not limited to flat, apartment, premises, residence etc.
- “Related Entities” is given its meaning in the Corporations Act 2001 (Cth) and includes but is not necessarily limited to Detector Inspector Pty Ltd ABN 87 118 191 727 and DetectorInspector (NSW) Pty Ltd ABN: 76 602 592 754.
- “Term” means the period from the Commencement Date until the Termination Date.
- Termination Date means the date upon which the Services are terminated in accordance with these Terms.
- "you" (or similar personal pronoun) is a reference to the property owner of the Enrolled Property.
Your property is an Enrolled Property and will receive the Services during the Term in return for payment of the Fees.
Fees and Payment
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 authorise your Agent to pay us on your behalf in respect of any Fees due. Fees will be payable within thirty (30) days of the invoice date without set off or deduction.
You acknowledge that we may adjust the Fees from time to time, but only with prior notice to you.
Suspension and Termination
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.
Notwithstanding anything else in these Terms and to the maximum extent permitted by Law, we shall immediately suspend your Services where any of the following occurs:
- an invoice in respect of one or more of your properties remains unpaid after the specified due date;
- you or your Agent breach any of these Terms;
- you or your Agent fail to provide us with all necessary information for us to effectively and efficiently supply the Services, and any products or materials, including without limitation notifying us of any changes to the information already provided to us;
- your instructions, information, documentation, approvals, or authorisations have not been provided to us in accordance with these Terms, either by you or the Agent;
- you or your Agent do not provide us with access to your property, including relevant contact details of any tenant residing at your property, keys or right of access;
- you or your Agent or your tenant advise us that we may not enter the Property due to health concerns; and/or
- you have not taken steps in accordance with our professional advice and recommendations to ensure that your plant and equipment tested and maintained by us pursuant to these Terms are compliant.
Should we suspend the Services pursuant to these Terms, we may terminate these Terms by written notice to you or your Agent.
Following Suspension or Termination
Upon the suspension or termination of the Services for any reason, your property is no longer eligible to receive the Services and is automatically deemed to be an Excluded Property, and you acknowledge and agree to the following:
- 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.
Restrictions and Exclusions
The extent of our obligations with respect of the Services is to ensure they are:
- provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
- fit for the purpose or give the results that you had agreed to; and
- be delivered within a reasonable time when there is no agreed end date,
(collectively, “Statutory Warranties”).
We are liable to you for:
- any damage to your property which has been caused by the fault, negligence or fraud by us or our personnel during the conduct of the Services; and
- death or personal injury caused by us or our personnel;
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”).
Subject to your rights under Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited by us, you acknowledge and agree as follows:
- we do not give any warranty nor accept any liability in relation to the performance or non- performance of the Services outside of the Statutory Warranties or Our Agreed Liabilities, and if any warranty would be implied by law, custom or otherwise, that warranty is excluded to the fullest extent permitted by law;
- we are only liable to you for those Services which you or your Agent have validly enrolled in pursuant to these Terms and we disclaim all liability or responsibility for Services in which you or your Agent have failed or neglected to validly enrol;
- we disclaim all liability for all indirect or consequential losses, loss of profits, loss of business, loss of revenue, loss of data or the poor performance or non-performance of our systems, loss of use or value of equipment, loss of anticipated earnings or savings, in connection with: (A) the provision of the Services; or (B) your use of or reliance upon any of the information provided by us to you in carrying out the Services that does not form part of these Terms; and
- we will provide the Services within a ‘reasonable time frame’, having regard to the uptake and demand for the provision of the Services. You acknowledge and agree that the provision of dates by which Services will be provided is done on a best endeavours basis and nothing in these Terms is to be treated as a guarantee by us that we will provide any Services by any fixed date or time.
To the maximum extent permitted by Law, we will not be liable or deemed to be in default for any:
- act or failure by us to act with respect to an Excluded Property, including the failure by us to provide Services with respect to such Excluded Property. On and from the date your property is deemed to be an Excluded Property, you agree to indemnify us for any claim, cost, action, liabilities, expense, loss or damage (including legal costs on a full indemnity basis) howsoever or wheresoever arising that we may suffer or incur including (without limitation) for (a) the injury or death of any person; or (b) damage to real or personal property; and
- delay or failure in performance or interruption of the delivery of the Services that may result directly or indirectly from any cause or circumstance beyond our reasonable control. This may include (without limitation) events such as the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Limiting your Liability
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.
Survival, Governing Law and Assignment
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.
Postal: PO Box 1773, Bondi Junction, NSW 2022
Phone: 1300 134 563
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.
These Terms were last updated on 2 June 2020
Schedule: Service Terms
Smoke Alarm Safety & Compliance Service
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 $90 (plus GST).
Reference to “Smoke Alarm” means collectively, any or all of the following:
- A smoke alarm or detector that is detachable, portable, battery-powered smoke alarms (“Wireless Smoke Alarm”);
- A smoke alarm or detector that is 240v mains powered and is hard wired to the mains (“Wired Smoke Alarm”); and
- A smoke alarm or detector that is linked to a security system or fire indication panel (“Low Voltage Smoke Alarm”).
Scheduled Smoke Alarm Service
For each Property that is enrolled in the Smoke Alarm Services (and is not an Excluded Property), we will (subject to fulfilment 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):
- Conducting an annual maintenance check on each Smoke Alarm, which includes cleaning, running smoke and button tests and checking status relative to each Smoke Alarm’s expiry period;
- Conducting an annual Smoke Alarm battery check for all Smoke Alarms at a Property;
- Assessing positioning and functionality of each Smoke Alarm as against requirements at Law and identification of any installed Smoke Alarm that is excess to such requirements (‘Excess Smoke Alarm');
- Replacing or rectifying non-compliant, faulty or expired Smoke Alarms (expressly excluding Excess Smoke Alarms and Low Voltage Smoke Alarms linked to a fire indication panel). In some circumstances, replacing a Wired Smoke Alarm may require a qualified electrician to attend the property. Where this is required, a qualified electrician will be booked to attend to install a replacement at no additional cost to you. Where the Wired Smoke Alarm is non-compliant or faulty, a temporary Wireless Smoke Alarm will be installed close to the position of the faulty Wired Smoke Alarm pending the electrician attendance; and
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) (“Guarantee Services”) will be provided at no charge to the Owner for 12 months following each Scheduled Smoke Alarm Service (“Service Guarantee”) provided by us. For the sake of clarity, if a Property is or becomes an Excluded Property in respect of the Smoke Alarm Services for any reason, the Service Guarantee is void from that date.
Relocating & Replacing Smoke Alarms
To be compliant with the Law, there are requirements in relation to the positioning of Smoke Alarms in your property. Please note when a Smoke Alarm is relocated or replaced, there may be residual damage either from the original installation or resulting from the relocation or replacement of the Smoke Alarm. Our technicians are not professional painters/plasterers but will make reasonable efforts to avoid causing further damage. Damage that may have been caused by the original installation or from the relocation or replacement can vary due to the type of original Smoke Alarm installed, the size of the cable hole and existing paint coverage and there may be discolouration from the original Smoke Alarm location or from plastering. Where you require repair, a quote for a professional plasterer/painter can be provided upon request. Any such work would be at your own additional cost.
Corded Blinds Safety & Compliance Add-On Service
This Schedule includes the Service Terms for the Corded Blinds Safety & Compliance Add-On Service (“Corded Blind Service”), which may be provided as an add-on to the Smoke Alarm Safety & Compliance Service.
“Cleat” means a device that has a bar with arms around which a Cord can be wound, and that can be attached to a wall or other structure.
“Cord” means a rope, strap, string, chain, line or wire used to manipulate a Corded Blind.
“Corded Blind” means a corded internal window covering that is:
(a) a window covering, such as a curtain or blind; or
(b) fittings used with a window covering, such as a traverse rod or track;
that can be used inside a building and has a Cord.
“Corded Blind Regulations” means the Trade Practices (Consumer Product Safety Standard – Corded Internal Window Coverings) Regulations 2010 and the Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014.
“Cord Guide” means a device designed to retract, tension or secure a Cord.
The Service Fee for the Corded Blind Service payable in addition to the Smoke Alarm Service Fee is $27.50 (GST-inclusive) per annum per Enrolled Property.
Corded Blinds Service
For each Enrolled Property, we will (subject to fulfilment of your obligations under the Terms) ensure that a Corded Blind Service is carried out on or by the anniversary of the last Corded Blind Service and in any case, as an extension to the carrying out of a Smoke Alarm Service.
The Corded Blind Service shall include (but is not necessarily limited to):
- Ensuring compliance of all Corded Blinds at an Enrolled Property with the Corded Blind Regulations unless subject to an Exclusion (see below);
- Unless listed as an Exclusion below, free replacement or installation of missing or damaged:
- Cleats or Cord Guides (as those terms are defined in the Corded Blind Regulations); and
- warning labels or swing tags; and
- Cord shortening, where the Cord is a standard beaded metal chain;
- Digital records including time, date & GPS tracked photos of each Corded Blind in the Enrolled Property. In the event of an incident at a Property, digital records are available as an audit trail of the Services provided.
The following items (“Exclusions”) are expressly excluded from the Corded Blind Service excludes the following:
- Replacement of roller mechanisms and cords;
- Cord shortening where the Cord is not a standard beaded metal chain and any Corded Blind where the Cleats or Cord guides cannot be affixed eg where there is no frame, just glass or where there are tiles. Note that where either of these issues is present, a specialist will need to be engaged by the owner to complete required works at the owner’s cost. In this instance, the Cord may be temporarily tied off at a safe height and a safety notice attached before leaving the property; and
- Rectification of damage to walls or other surfaces connected to the Corded Blinds (unless caused by us).