Standard Terms of Service
Thank you for using Detector Inspector. Detector Inspector and each of our Related Entities incorporated from time to time shall be referred to collectively as "Detector Inspector", “we”, “us”, or “our”.
We offer the following services:
- Smoke Alarm Installation, Service and Compliance
- Gas Appliance Servicing, Repair and Carbon Monoxide (CO) Testing (VIC only)
- Corded Window Coverings Service
- Safety Switch Service (QLD only)
- Commercial Fire Services (VIC only),
These Terms may be amended by us at any time, and by continuing to use our Services, you accept the Terms as they apply from time to time. If a change to these Terms materially affects your use of our Services, we will notify you accordingly. If you do not agree to the amended Terms, please refrain from using our Services. If you have any queries about these Terms, our contact details are located at the end of this page.
|(a)||Reference to "you" (or similar personal pronoun) is a reference to the property owner/occupier who has enrolled into or engaged our Services, either personally or by your duly authorised agent (“Agent”), by email request, positive reply to a mailout, signing a digital contract, or by an online request/enrolment.|
|(b)||Reference to “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.|
|(c)||"Related Entities” is given its meaning in the Corporations Act 2001 (Cth) and is construed for the purposes of these Terms to include the following:
|(d)||If your property is managed by an Agent, your Agent has authorised us to act as agent on their behalf for the purposes of providing the Services to those of you who “opt in” to receive the Services. For clarity, if you “opt out” from our Services or have failed to expressly “opt in”, we will not provide the Services to you and you accept the risks outlined in these Terms.|
|(e)||We will provide the Services with reasonable care and skill and in accordance with the appropriate industry standard.|
|(f)||These Terms are binding upon acceptance by you. Your acceptance may be communicated to us orally, in writing or by your conduct. For clarity, if you use our Services at any stage, you are taken to have accepted our Terms.|
Smoke Alarms Services
Your legal obligations
As the property owner, you are responsible for fitting smoke alarms and ensuring they are compliant with the relevant laws, regulations, standards and codes in force in your state.
In order to assist you with meeting your legal obligations with respect to smoke alarm compliance, you or your Agent have engaged the services of Detector Inspector to provide annual smoke alarm servicing and maintenance (“Smoke Alarm Services”). You have subsequently enrolled into, or engaged our Services, by email request, positive reply to a mailout, signing a digital contract, or by an online request/enrolment.
Standard Service with 12-month guarantee
Our annual comprehensive Standard Service includes (per property):
- A thorough maintenance check to ensure smoke alarms are in working order, within expiry, and positioned correctly.
- Battery replacement of 9V batteries in all smoke alarms with backup batteries.
- Cleaning all smoke alarms and surrounding areas including vacuum cleaning the grill.
- Button test to ensure effective operation.
- Smoke test to ensure effective operation.
- Assurance that your property is compliant with the relevant laws and regulations relating to smoke alarm repair and maintenance in force in the State or Territory in which the enrolled property is located.
- Documentation of records detailing whether properties comply with current smoke alarm legislation. (Including: Building Code requirements and compliance with Australian Standards AS 3786).
- A guarantee covering any callouts between annual services, as long as the property is enrolled, and your account payment is up to date.
- Assessment of all 240v mains powered smoke alarms (hard-wired) and a quotation for the replacement or rectification of any non-compliant, faulty or expired 240V mains powered smoke alarms.
- Assessment of all detachable smoke alarms and replacement or rectification of any non-compliant, faulty or expired detachable smoke alarms. The replacement of detachable smoke alarms will be charged in accordance with the fee schedule accepted.
- Monitored smoke alarms and/or detectors linked to a Fire Indicator Panel are serviced, however if found to be faulty or out-of-date they are not rectified or replaced and are specifically excluded from the fee schedule, as they are a speciality product that belong to commercial fire systems under different maintenance and installation standards.
- Ensuring that smoke alarms are securely fitted to the ceiling in accordance with relevant regulations in your State or Territory.
Fixed-Fee Service with 12-month guarantee
Our comprehensive annual Fixed-Fee Service covers what you need to stay compliant with smoke alarm legislation applicable in the State or Territory in which the enrolled property is located, for a fixed annual fee per property. During the applicable 12-month guarantee, if a fault occurs, our guarantee covers callouts in-between Services at no extra cost.
The Fixed-Fee Service includes everything provided for by the Standard Service, as listed above, except that we do not charge extra for the replacement or rectification of any non-compliant, faulty and/or expired smoke alarms, as follows:
|(a)||for 240V mains powered smoke alarms, only those that are deemed required by relevant regulations. Detector Inspector will sometimes make an exemption in situations where the 240v mains powered smoke alarm is in a bedroom and/or was deemed necessary by the building surveyor;|
|(b)||for detachable smoke alarms, only those that that are deemed required by relevant regulations.|
|(c)||for monitored smoke alarms and/or detectors, only those that are deemed required by relevant regulations and are not connected to a Fire Indicator Panel.|
Any such rectifications or replacements are done on-the-spot where possible, and do not require us to provide you with an additional quote. If it is not possible to replace a faulty 240v mains powered smoke alarm on-the-spot because a qualified electrician is not in attendance, then a detachable alarm will be fitted close to the faulty 240v smoke alarm and we will arrange for an electrician to attend as soon as possible to rectify it, at no extra cost.
Set and forget
Once your property is enrolled in our system, we will automatically communicate with your Agent to maintain annual checks and servicing. As long as you remain enrolled, there is little for you to do — just rest assured that Detector Inspector is here to help you with your compliance.
Digital record for peace of mind
Detector Inspector’s photo database protects you by recording time, date and location stamped photos of all smoke alarms, while using their data matching technology to compare services from year-to-year. Advanced systems and technology ensure your properties are compliant each year, and the fixed fee pricing structure will allow you to expect the same price year in year out. This means that we try, where possible, to limit any fluctuations in the price for the replacement of smoke alarms. **Recent legislative amendments in some states which mandate a specific type of smoke alarm to be used may result in increases to the per unit price of smoke alarms, although we will ensure that any uplift in price is communicated to you prior to installation.
If there’s an incident at your property, our meticulous digital records can be used to show that you’ve met your obligations when it comes to smoke alarm safety.
Important things to keep in mind – Smoke Alarms
Laws, regulations, standards and codes
Detector Inspector’s Smoke Alarm Service only includes the free replacement of smoke alarms installed in locations that are deemed required as per the relevant laws, regulations, standards and codes in force in your state. This is explained in more detail above under the heading Fixed Fee Service.
Smoke alarm replacement
No liability is incurred during the period between determining that a smoke alarm is defective and replacing the smoke alarm. We have no responsibility other than to make reasonable efforts to obtain access and to replace the defective alarm. We have no obligation to make good any reasonable damage caused by the removal, relocation or installation of smoke alarms.
Detector Inspector reserves the right to update both the price of smoke alarm installations as well as annual standard/fixed fee Services at any time. All parties involved will be notified of any such changes.
Relocating smoke alarms
There are regulatory requirements in relation to the positioning of smoke alarm(s) in your property. Please note when the alarm is relocated our technician will endeavour to repair the damage. The damage left by the previous installer can vary due to the type of alarm, the size of the cable hole and paint coverage. There may be discolouration from the existing alarm location or from plastering. A professional plasterer/painter may be required to sand, provide a further coat of plaster, and/or paint the ceiling in order to restore it to its original form, which will be at your own additional cost. We can provide a quote for this additional plastering and/or painting upon your request.
Accepting the risk
If you do not accept our Smoke Alarm Services, either expressly or impliedly by failing to respond to any correspondence, letter or emails, sent to you by us, or by the Agent, offering the Services, then you do so at your own risk and we remind you that you have a legal responsibility to ensure there are properly fitted and maintained smoke alarms in each residential property.
Further, if you do not accept the Smoke Alarm Services then you expressly acknowledge and agree that you accept all of the risks associated with the installation, repair and ongoing maintenance of the smoke alarms located in your property, including (without limitation) all legal and regulatory requirements with respect to the same.
Neither your Agent or Detector Inspector will be liable for any loss, damage, claim, liability, cost or expense, whatsoever or howsoever arising out of or connected with the smoke alarms located on your property, including (without limitation) the installation, repair and ongoing maintenance of such smoke alarms, or any issue of whatever nature relating to the use or functionality of such smoke alarms.
Gas Appliance Servicing
Hopefully you are aware of the dangers associated with carbon monoxide poisoning caused by the lack of servicing gas appliances. The law provides that a landlord must ensure that the property is maintained in good repair, which includes gas appliances provided by the landlord. There might also be unintended impacts on the landlord’s insurance if injury or damage is found to have been caused by poorly serviced or unsafe gas appliances
To provide the necessary duty of care, you and/or your Agent has engaged the services of Detector Inspector to help you manage your gas safety program and take care of the maintenance responsibilities regarding gas appliances in the property (“Gas Appliance Services”).
We recommend that all gas appliances in your property are regularly serviced to ensure they are not potentially dangerous to the health of the tenants.
Gas Maintenance Packages Available
We have two maintenance packages (“Package’”) available. Each Package selected will enrol your property into a Service conducted every second year.
Option 1 – Multi Appliance Package (MAP)
This Package includes the maintenance of all internal natural gas appliances in your property, including maintenance on multiple appliances of the same type (for example, multiple wall heaters). The types of appliances maintained in this package include:
- Gas ovens
- Gas cook tops
- Gas hot water systems
- Gas ducted heating units
- Gas wall heating
- Gas fireplace units
Please note: this Package DOES NOT INCLUDE any external gas system (other than hot water heaters) such as overhead heating, pool heating and catering equipment.
- All gas appliances receive a full service, maintenance check and safety and spillage check with a CO analyser
- Quotation provided for repair/replacement of any faulty or capped-off appliance
- Full report provided upon completion of job
- 12-month warranty on all serviced appliances
- Your property will be enrolled for a service to be conducted every second year. Our maintenance Package costs are applied to each property enrolled in the service.
- If we are called out to a property that is found to contain no gas appliances, a reduced fee will be charged
Option 2 – Single Appliance Package (SAP)
This Package includes the maintenance of ONE gas appliance in your property from the following list:
- Gas oven
- Gas hot water system
- Gas wall heating
- Gas cook top
- Gas ducted heating unit
- Gas fireplace unit
- The single gas appliance selected receives a full service, maintenance check and safety and spillage check with a CO analyser
- Quotation provided for repair/replacement of any faulty or capped-off appliance
- Full report provided upon completion of job
- 12-month warranty on all serviced appliance
Important things to keep in mind – Gas Laws, regulations, standards and codes
Gas Appliance Services are only available in Victoria.
In addition to the applicable laws, regulations, standards and codes, Detector Inspector follows guidelines set by Energy Safe Victoria with respect to servicing gas appliances, acceptable levels of carbon monoxide (zero tolerance), and negative pressure testing.
Accepting the risk
If you do not accept our Gas Appliance Services, either expressly or impliedly by failing to respond to any correspondence, letter or emails, sent to you by us or your Agent offering our Gas Appliance Services, then you do so at your own risk. We remind you that the landlord has a legal responsibility to ensure gas and electric appliances are properly installed or correctly maintained according to the manufacturer’s instructions.
Further, if you do not accept the Gas Appliance Services then you expressly acknowledge and agree that you accept all of the risks associated with the ongoing maintenance of any gas appliances in your property, including (without limitation) all legal and regulatory requirements with respect to the same.
Neither your Agent or Detector Inspector will be liable for any loss, damage, claim, liability, cost or expense, whatsoever or howsoever arising out of or connected with any gas appliances in your property, including (without limitation) the installation, repair and ongoing maintenance of such appliances, or any issue of whatever nature relating to the use or functionality of such appliances.
We will invoice you for all Services provided. You must pay us for all Services invoiced within thirty (30) days of the invoice date without set off or deduction.
If your property is managed by an Agent, then we will send the invoice to your Agent for payment from rent due to you. If the Agent loses management of your property, then we will contact you to pay the invoice directly.
Fees for additional Services are charged on a pay-per-service basis.
Failure to pay
If you fail to make a payment for a Package we may suspend our Service delivery to you.
If you fail to pay an invoice, a pay-per-service fee, any expense or otherwise, we may suspend all our Service deliveries to you.
Suspension of Services
If you fail to pay an invoice, or if your account is not paid up to date, we may suspend all our Services, including but not limited to, annual servicing of smoke alarms, bi-annual testing and servicing of gas appliances, any further works arising from a service, or any call-outs for repair instigated by you or tenant residing at your property.
We may also suspend our Services if:
- you or your Agent breach any of these Terms;
- you fail to provide us with all necessary information for us to effectively and efficiently supply our Services, and any products or materials, including without limitation notifying us of any changes to the information already provided to us;
- if your instructions, information, documentation, approvals, or authorisations have not been provided in accordance these Terms, whether those instructions information, documentation, approvals or authorisations are due from you or your Agent;
- you or your Agent do not provide us with any reasonable assistance required in order to access your property, including relevant contact details of any tenant residing at your property, keys or right of access;
- you have not taken steps in accordance with our professional advice to ensure that your smoke alarms, smoke alarm installations and/or gas appliances are compliant with the relevant rules and legislations.
Warranties, Indemnity and Limitations on Liability
We or your Agent do not give any warranty nor accept any liability in relation to the performance or non- performance of the Services except to the extent, if any, required by law or specifically provided for in these Terms. If apart from these Terms any warranty would be implied whether by law, custom or otherwise, that warranty is to the full extent permitted by law is hereby excluded.
To the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with provision of the Services, or your use of or reliance upon any of the information provided by us to you in carrying out those Services.
For the avoidance of doubt and notwithstanding any other provision in these Terms, we are only responsible to you for the supply of Services to the extent that you or your Agent (on your behalf) has or have “opted in” to receive our Services either by electronic transmission or by other written communications (Opt In), and in response to the Opt In we have sent you a confirmation email advising that we will provide our Services to you (Confirmation Email). We will not be liable to you or any third party for any damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, for any failure by us to provide the Services at any property for which you or your Agent has not been issued with a Confirmation Email, or for Services in which we have otherwise suspended or terminated in accordance with these Terms.
Nothing herein is intended to modify any non-excludable statutory rights associated with the supply of Services, pursuant to the provisions of any relevant consumer protection.
Detector Inspector, its affiliates and information providers will not be liable or deemed to be in default for any 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 its or their reasonable control, including but not limited to 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.
To the fullest extent permissible under the law, you indemnify us and hold us harmless from and against, and shall defend against, any and all liabilities, expenses, costs, loss and all other harm as set out in these Terms, or arising from the instructions given or information provided or statements made by you, your Agent/s, representatives, employees, management, or other advisers and experts acting for you, or on your behalf.
Upon the termination of our Services for any reason, we shall be entitled to recover from you such compensation and reimbursement, if any, accrued under these Terms and any agreement signed by you with respect to our Services (“the Agreement”), but unpaid, as of the date we cease our Services under the Agreement and all fees up to the date of the termination will be charged and become immediately payable.
Without limitation, if you terminate the Agreement (with or without cause) you shall nevertheless pay the fees that would have been payable but for the termination.
In addition, you shall reimburse us for any non-cancellable obligations, any cancellation penalties, and, unless we terminate the Agreement without cause, any expenditures reasonably made or undertaken in order to perform the Services that were to occur had cancellation not occurred.
In the event that the Agreement is terminated by your Agent because your property is no longer managed by your Agent, then:
|(a)||your Agent by that notice personally agrees and undertakes to indemnify us for any amounts owed or owing to us, including any costs or additional charges to recover such amounts; and|
|(b)||you agree and undertake to indemnify your Agent for any amounts your Agent pays to us under the Agent indemnity.|
You agree that any information 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.
These Terms were last updated on 13th August 2019