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Pre-construction termite - SouthCape Pest Management

1.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 requirementsand the System component manufacturer’s installation manual. This booking
confirmation email sets out the System type (ie pre construction barrier or reticulation system,)
manufacturer, site installation diagram, proposed installation date and Fee (plus GST)


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


3. Subterranean termites only: All references to termites, termite inspection or termite control refer
to subterranean termites only.


4. 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. 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, then concealed entry by termites is
possible. No warranty is given thatthe System will prevent termite damage, however the
property owner will receive a manufacturer’s warranty on the product installed if they are
eligible.
(b) SPM is an installer and not manufacturer of the components of the System. Installation will be
undertaken in accordance with AS 3660 as described in this document and in accordance
with 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 requiresinstallation of
the components of the System at a specific and early stage of construction. Where a concrete slab
forms an integral part of the Termite Management System under AS 3660.1, the Customer is
responsible for ensuring that the slab meetsthe requirements of AS 2870.
(d) Where the System is a partial installation and not a complete and continuous barrier due
to building design or environmental conditions on the site, there is risk that the barrier or treated
zone can be breached by termites. In those cases, more regular termite inspections in
accordance with AS 3660, additional measures and/or re treatments may be necessary to
manage the risk of termites.
(e) Annual (and in some case of heightened risk, more regular) visual termite inspections of the
building and surrounding area by a competent termite inspector are crucial to protect against
the risk of termite damage. Termite inspections are visual inspections and when undertaken
in accordance with AS 3660, they increase the likelihood of detecting termites and enabling
the building owner to implement early remedial action. When undertaken by SPM, this
will enable us to also provide advice on steps to remove conditions conducive to termite
infestation including untreated timbers, poor drainage and ventilation as well as system
maintenance.
(f) The Customer must have properly prepared the site before the proposed Installation date so that
the site complies with the requirements of AS3660.1 including taking steps to achieve termite
control on the site. Where a concrete slab utilising slab edge exposure forms part of the System,
at least 75mm ofslab edge must remain exposed.
(g) The Customeris responsible for ensuring that no component of the System is tampered with or
disturbed after installation by any person ( including without limitation, removed, cut or
penetrated or damaged) during construction of the building or any landscaping undertaken
in connection with the building. SPM is notresponsible for any damage or change to the installed
System occurring after SPM has completed itsinstallation activities.
(h) A reticulation system must be charged (have chemical pump through the system) on completion
of the building construction and landscaping.
(i) The efficacy of the System depends upon the Customer and building owner ensuring that the
Systemis properly maintained and not “bridged” or “breached”. Bridging means the termites pass
over the barrier or protected zone. A termite Management system is breached if the barrier
(physical barrier or the chemical barrier created by a reticulation system) has a hole or gap. This
can happen when installing garden beds, lawn or other landscaping or building work including
renovations or extensions or as a result of flooding. Do not disturb the treated areas or system
components without first consulting SPM.
(j) The Customer is responsible for ensuring the building owneris aware of:
(i) the need for ongoing termite inspections ( annually or as recommended by SPM) as an integral
part of termite control for the property;
(ii) the ongoing maintenance obligations forthe System as well asthe need to protect
components, including pipes, from damage or disturbance;
(iii) reticulation systems need to be serviced atregular intervals to check for faults and
to ensure the chemical barrier is replenished by reapplying the termiticide chemical
which forms and maintains the treated zone around to the structure. The period for
recommended replenishment of the system and termite inspections will be advised to
the Customer in the certificate of installation issued following completion of installation
and will be referred to in a notice to be affixed atthe site. Should the building owner become
aware of any damage to the system or components such as pipes they should contact SPM to
arrange forthe system to be checked and/ or repaired; and
(iii) that termite management systems will be ineffective if they are bridged or breached.
Owners should contact SPM before they undertake any renovations or extensions or
changes to the building or landscaping; in the event of flooding and immediately if they
see any evidence of termite activity. Live termites should not be disturbed.


5. Installation Certificate: Subject to the Customer having paid all amounts owing to SPM, on
completion of the installation, SPM will issue the Customer with a certificate of Installation of a
Termite Management System in accordance with AS 3660.1- new buildings. That certificate is
subject to terms and limitations including, that unless otherwise agreed by SPM in writing, it may
only be relied upon by the Customer or property owner.


6. Fees and Payment: The Fee plus GST as set out in this agreement is payable by the Customer to
SPM within 30 days unless otherwise agreed. SPM will provide the Customer with an electronic tax
invoice on completion of the installation.


7. Interest on Overdues, Recovery Costs & No Deductions: Interest is payable by the Customer on
overdue amounts payable to SPM from the end of the due date until the date on which the debt is
paid at a rate of two per cent (2%) above the rate charged by SPM’s bank on overdraftsfor lessthan
one hundred thousand dollars ($100,000.00). The Customer is responsible for all costs incurred
by SPM in recovering amounts owing by the Customer. The Customer may not deduct or withhold
any amount (whether by way ofset off, counterclaim or otherwise) from any money owing to SPM.
8. Revision to price: SPM is entitled to charge an additional fee at its normal hourly rate for delays
resulting fromaccess being denied by the Customer to the site or due to the site not being prepared
and safe for installation at the proposed installation time.


9. Manufacturers warranties: Some manufacturers of components forming part of the System may
offer manufacturers warranties in relation to their product. These warranties are subject to their
own terms and conditions, limitation and exclusions. Customers are advised to consult the
website of these manufacturers for this information. SPM does not endorse these warranties
or confirm their availability or utility in connection with the System unless confirmed in writing by SPM.
The building owner is responsible for compliance with warranty terms relevant to the ongoing
operation of any such warranty, including undertaking periodic termite inspections and other
maintenance obligations. .


10. Access andSafety: The Customer must ensure that SPM’s staff and other authorised personnel have
full and safe access(free of any health and safety hazards and risks) to the relevant areas of the site
and access to all facilitiessuch as water and electricity that SPM may reasonably require to install the
System. The Customer must also provide SPM with all necessary information, instructions,
documentation and co-operation required by SPM. SPM will comply with all reasonable security
and safety instructions of the Customer while present at the site. The Customer must observe with all
advice and instructions provided by SPM to the Customer including any relating to pesticides.


11. Damage to Utilities: If installation of the System requires drilling or cutting any materials, the
Customer will be responsible foridentifying the location of all utility services to the site including water
and drainage pipes, electrical and telephone cables, gas pipes etc. SPM will exercise due care in
performing any drilling or cutting but the Customer will be liable for any damage caused by
penetration to any such services unless caused by the negligence of SPM.


12. Reliance on Document: All documents provided by SPM in relation to the installation of the System
are provided solely for the benefit of the Customer named in this document, or the property owner.
Neither this agreement nor any installation certificate may be assigned by the Customer to another
person orrelied upon by any other person (other than the property owner) without the prior
written approval of SPM that may be given conditionally or withheld.


13. Force Majeure: SPM shall not be responsible for failure to meet any obligation if the failure results
directly orindirectly from a cause beyond its control.
14. Bribery: The Customer and SPM agree:
(a) that they will not (nor allow anyone acting on their behalf) to offer, give, request or accept any
undue financial or other advantage of any kind in any way connected with entry into this
agreement; and
(b) they will each comply with all applicable laws related to bribery and corruption in connection with
this agreement. Any failure to comply with this clause entitles a party to terminate this agreement
upon notice to the other party.


15. Privacy: The Customer authorises SPM, its Personnel or any related entities of SPM, subject
to complying with the Privacy Act 1988, to use and disclose the personal information of the Customer
orits principals for any purpose connected with this agreement or otherwise in accordance with the
Rentokil Initial Privacy Policy which can be accessed at www.rentokil.com.au. Subject to Subject to
any requirements of the Privacy Act 1988, the Customer will disclose to SPM the building owner’s
name and contact details.


16. Entire Agreement: This agreement supersedes and replaces all previous agreements between
the parties in relation to pest control services and contains the entire agreement between them as to
its subject matter. To the extent permitted by law, SPM expressly excludes all warranties, guarantees,
representations and conditions except as may be made by SPM to the Customer in writing.


17. Liability: To the extent permitted by law:-
(a) SPM will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or
any form of indirect or consequential loss arising out of orin connection with this agreement, the
supply ofthe services, the equipment or the sale of any goods.
(b) where a claim relates to a guarantee or warranty under the Australian Consumer Law, SPM’s total
aggregate liability to the Customer under or in relation to this agreement (including in contract,
negligence, tort or any common law or statutory right) islimited at SPM’s option to:
(i) in relation to claims relating to services, the resupply of the services or the costs ofresupply of
the service; or
(ii) in relation to claims relating to goods, the resupply of the costs or the cost ofre supply of the
goods.
(c) in all other circumstances, the liability of SPM to the Customer (including in contract,
negligence, tort or any common law or statutory right) under this agreement will not exceed the
fees received by SPM from the Customer pursuant to this agreement.
18. General:
(a) This agreement may only be amended in writing signed by both parties.
(b) A reference to ‘writing’ or‘written’ includes electronic mail.
(c) If any provision ofthis agreement isillegal, invalid or unenforceable it may be severed without
affecting the enforceability ofthe other provisions.
(d) Each indemnity in this agreement is a continuing obligation separate and independent from
the other obligations of the party giving the indemnity and survives termination or expiry of this
agreement.
(e) This agreement is governed by the laws of the State or Territory where the Services are being
provided to the Customer and the parties submit to the jurisdiction of the courts of that State or
Territory