Standard Terms & Conditions
By using the services of Smoke Alarm Solutions Pty Ltd ABN 97 604 793 688 (herein collectively referred to as ‘Smoke Alarm Solutions’, ‘We’, ‘Our’, and/or ‘Us’) (‘Services’), you acknowledge that you have read and understood these standard terms and conditions (‘Terms and Conditions’) and agree to be bound by them.
We recommend that you read these Terms and Conditions carefully and print out and keep a copy of them for your future reference. We also recommend that you regularly check Our website to see if We have updated these Terms and Conditions. If you do not accept any part of these Terms and Conditions then you may not use Our Services or any of Our associated applications.
By engaging our Services, you warrant to Us that:
- You are at least eighteen (18) years old and have the legal authority to engage Our Services in accordance with these Terms and Conditions;
- If you are an Agent engaging Our Services on behalf of a Landlord, you have the authority to provide instructions to Us regarding the supply of Our Services and to bind the Landlord to these Terms and Conditions and the Ultimate System Service Package Terms (as applicable);
- You and the Landlord agree to be jointly and severally financially responsible for all charges, fees and other costs of whatever nature which arise out of your use of Our Services in accordance with these Terms and Conditions and the Ultimate System Service Package Terms (as applicable); and
- All information that you provide about yourself and about anyone else is true and accurate.
In these Terms and Conditions:
‘Agent’ means the real estate agent who manages an Enrolled Property on behalf of a Landlord and who acts in its own capacity and as agent for the Landlord as a disclosed principal under these Terms and Conditions.
‘Landlord’ means the owner of an Enrolled Property.
“you” means the party which engages our Services which may be an Agent or a Landlord.
We offer the following annual service packages (‘Annual Services’) for properties enrolled with Us (‘Enrolled Property’):
Please note that all of the prices as detailed in clause 1 are inclusive of GST.
- Smoke Alarm Solutions Annual Services
(a)$79 Diamond Annual Smoke Alarm Serviceincludes the following for a period of twelve (12) months per Enrolled Property:
(i)Unlimited inspections of smoke alarms as required by legislative requirements and for faulty alarms that need attention;
(ii)Unlimited free battery replacements of both 9 volt and 240 volt (hard wired) smoke alarms which become expired or faulty in order to ensure compliance with applicable legislation;
(iii)Unlimited free 9 Volt battery replacements, when found to require attention during an inspection by Us;
(iv)andUnlimited free 9 volt and 240 volt (hard wired) smoke alarms to replace alarms that have become faulty or expired only as found during an inspection by Us.
Please note that additional costs will apply for the replacement of missing or damaged smoke alarms. Further, We confirm that should an Enrolled Property require any additional smoke alarms in order to ensure that the Enrolled Property is compliant with applicable legislative requirements, additional costs will apply for the alarm, fitting costs, travel time and technician work (i.e. labour) as well as any other charges reasonable in the circumstances,
(b)$99 Platinum Annual Smoke Alarm Serviceincludes the following for a period of twelve (12) months per Enrolled Property
(i)Unlimited inspections of both 9 volt and 240 volt (hard wired) smoke alarms in order to ensure compliance with applicable legislation; and
(ii)Unlimited free replacements of both 9 volt and 240 volt (hard wired) or 10 year lithium battery smoke alarms (depending on the age of the Enrolled Property).
Please note that this service includes the free installation and replacement of any smoke alarms as required by applicable legislation
(c) $149 Gold Total Compliance Service includes the following for a period of twelve (12) months per Enrolled Property:
(i)Unlimited inspections of smoke alarms as required by applicable legislation and for faulty alarms requiring attention;
(ii)Unlimited free battery replacements of both 9 volt and 240 volt (hard wired) smoke alarms when found to require replacement on inspection; and
(iii)Safety Switch Test and Blind Cord Service.
For further details on our blind cord compliance service please see clause 8 of these Terms and Conditions: ‘Blind Cord Safety Compliance’.
Please note that there are no free smoke alarms included in this service and that all alarms, which must be fitted in order to comply with legislative requirements, are to be paid for in full prior to attendance of our technician to the premises and will be charged at an additional cost to the Annual Service Fee (as defined in clause 3 of these Terms and Conditions), the amount of which as at the date that these Terms and Conditions were last updated is $149 plus GST. This amount is subject to change at Our discretion in accordance with these Terms and Conditions.
(d)$169 Diamond Total Compliance Serviceincludes the following for a period of twelve (12) months per Enrolled Property:
(i)Unlimited inspections of smoke alarms as required by applicable legislation and for faulty alarms requiring attention;
(ii)Unlimited free battery replacements of both 9 volt and 240 volt (hard wired) smoke alarms that become expired or faulty or are required for compliance with legislative requirements;
(iii)Free installation and replacement of any smoke alarms required for legislative compliance; and
(iv)Safety Switch Test and Blind Cord Service.
For further details on our blind cord compliance service please see clause 8 of these Terms and Conditions: ‘Blind Cord Safety Compliance’.
(e)$189 Platinum Total Compliance Serviceincludes the following for a period of twelve (12) months per Enrolled Property:
(i)Unlimited smoke alarm inspections as per legislative requirements and for faulty smoke alarms that need attention;
(ii)Unlimited free battery replacements of both 9 volt and 240 volt (hard wired) smoke alarms that are required for legislative compliance and become expired or faulty; and
(e)Safety Switch Test and Blind Cord Service.
Please note that this service includes the free installation and replacement of any smoke alarms required for compliance with legislative requirements.
(f)$129 Ultimate System and Service Package (available for Queensland properties only)
This package ensures compliance with the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 (Qld).
Further terms and conditions regarding this package are available at http://smokealarmsolutions.com.au/standard-terms-and-conditions (“Ultimate System Service Package Terms”).
The Ultimate Annual Smoke Alarm Service includes the following for a period of twelve (12) months per Enrolled Property.
(i)Unlimited compliance inspections to ensure smoke alarms are compliant with applicable legislation, including re-attendance when beeping or faulty alarms require attention; (ii)Servicing, cleaning and maintenance of smoke alarms and changing of 9 volt batteries;
(iii)Ensure all smoke alarms meet AS 3786; and
(iv)Provision of a compliance report following each inspection.
In order for a property to comply with the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 (Qld), a property must have the correct number of 240 volt or 10 year lithium battery-powered, retro-fitted, radio frequency, photoelectric, interconnected smoke alarms installed in bedrooms or hallways as required by legislation, at a cost of $229 per alarm.
Smoke alarms will be charged as per below pricing schedule, which is based on property configuration for the Enrolled Property.
*All prices quoted by Smoke Alarm Solutions are inclusive of GST. The final invoice cost may differ if it is determined that additional smoke alarms are required for compliance with applicable legislative requirements due to information not provided at the time of quoting. Smoke alarms are required in bedrooms as defined by the original building approval. Alarms will also be required where areas not intended as bedrooms are used as such (i.e. studies, homes theatres, etc.). The type (240 volt or 10 year lithium battery) of smoke alarm installed and interconnection method used will depend on age and layout of the property. If your property is enrolled in an existing Annual Service, any eligible credits will be applied to the balance to transfer to another Annual Service offered by Us.
2. Standard of Smoke Alarm
We confirm that all of the Smoke Alarms that We fit as part of Our Services:
(a) comply with Australian Standard AS 3786-1993 or Australian Standard AS 3786-2015;
(b)have the Standards Australia Mark or are Scientific Services Laboratory (SSL) certified; and
(c)are registered with the Activfire Scheme administered by the Commonwealth Scientific and Industrial Research Organisation.
We reserve the right to replace faulty, expired, missing or damaged smoke alarms with an alternative brand to that of the smoke alarm when initially installed.
We will not cover the cost to rectify any electrical cabling issues, which cause alarms to become inoperable or ineffective
3.Annual Service Fee
(a)All of the fees applicable for Our Services (‘Annual Service Fees’) are payable via invoice which will be issued following the initial inspection undertaken by Us. Unless agreed in writing by Us, you must pay the Annual Service Fees without deduction in accordance with the payment terms detailed in the invoice
(b)In the event of non-payment of the Annual Service Fees in accordance with these Terms and Conditions, We may require you to pay all reasonable collection expenses, legal costs and any other expenses incurred by Us in connection with the non-payment by you
(c)All Annual Services renewal invoices will be made available via our online client portal or issued via email one (1) month prior to the expiry of the period of twelve (12) months following the initial inspection date (‘Anniversary Date’)
(d)In the event that the invoice is not paid within thirty (30) days after the Anniversary Date, the relevant property will be made inactive in Our system and no further Services will be provided to that property until such time as payment has been received in full.
(e)We confirm that We will not re-attend a property that has an inactive status, until the outstanding invoice has been paid in full.
(f)If We have commenced providing Our Services in respect of an Enrolled Property, the Annual Service Fee will not, to the maximum extent permitted by law, be refunded whether in full or in part in the event of a cancellation of the Services, property transfer, damage and/or destruction to the property
4. Service Upgrade
(a)Our Services cannot be upgraded to include free alarms until after Our initial visit to an Enrolled Property has been completed.
(b)You may only upgrade the Annual Service in which your property is enrolled in the following circumstances:
(i)Following the initial twelve (12) month annual period, you may decide to choose a different Annual Service provided that any issues identified by Us in the first twelve (12) period have been rectified in order to ensure that the property is compliant with legislative requirements; or
(ii)Mid way through an Annual Service period, a client may upgrade their Annual Service to a different package in respect of any Enrolled Property provided that:
(A)the issues identified by Us in previous inspections have been rectified in order to ensure that the property is compliant with legislative requirements; and
(B)payment of the new chosen Annual Service is paid minus the value remaining in the current Annual Service plan,
(c)Once the you agree to the Upgrade:
(i)the annual service period for the upgraded service will start (‘Upgrade Date’)
(ii)a new invoice will be issued thirty (30) days prior to the twelve (12) month period following the Upgrade Date; and
(iii)the Upgrade Date will become the new annual service renewal date.
5.Payments and Fee increases are subject to change
(a)Prices for Our Services are expressed in Australian dollars and are subject to change. We will endeavour to provide you with reasonable notice prior to any changes.
(b)Prices as outlined within clause 1 of these Terms and Conditions are based on the current price of smoke alarms and brands currently used.
(c)In order to ensure that the cost associated with the maintenance and replacement (where applicable) of smoke alarms are absorbed within the Annual Service Fees, We confirm that the above prices for Our Services are subject to change
(a)Our Services cover compliance requirements for smoke alarms in accordance with applicable legislation and regulations current as of [1/1/2018].
(b)Our prices and Services stipulated do not cover price increases caused as a result of any amendment to the current legislation or regulations. We will endeavour to mitigate an increase in Our fees, but should any amendment to state based or federal legislation result in a substantial increase in costs on Our part, such additional costs may be passed on in addition to the Annual Service Fees detailed at clause 1 of these Terms and Conditions
(c)Our Services as outlined above do not cover any amendments to type of alarm, interconnection or upgrades required as a result of any update to applicable legislation. In the event that We are required to change the brand of the installed smoke alarm due to legislative or regulatory amendments, an additional charge will be payable for the supply of such smoke alarm.
7.Safety Switch Testing
(a)When we carry out Safety Switch Testing
Smoke Alarms Solutions carries out a Safety Switch Function Test (‘Safety Switch Test’ or ‘Safety Switch Testing’) when requested and in conjunction with a scheduled smoke alarm inspection.
We will not carry out Safety Switch Testing in the instance where We are simply attending to a faulty or beeping alarm, nor will We attend a property to carry out a Safety Switch Test as an individual service.
Prior to a smoke alarm inspection, We will issue an entry notice to a tenant that advises of Our attendance and intention to perform a Safety Switch Test and as such, it is a tenant’s responsibility to unplug devices at the property prior to Our attendance.
(b)What is involved with a Safety Switch Test
(i)Safety Switch Testing involves the monitoring of the flow of electricity though a circuit and ensures that the circuit turns off in a fraction of a second in the event of a leakage or current detected.
(ii)When We carry out Safety Switch Testing, We ensure that all individuals within the premises of whose presence We are aware of are made aware that We are carrying out Safety Switch Testing. We will also ensure that the occupants of the property are aware that they must inform others coming in and out of the property that Safety Switch Testing is being carried out.
(iii)In particular, We ensure that individuals on the property are aware that if they are using an electrical/electronic device such as a computer, tablet, phone or other such device (‘Device’) or using a Device to record something on the television or via another medium that this may be interrupted by the testing work and recordings may as such, be lost due to the testing process cutting power to circuits which provide devices with power that are connected to the safety switch.
(iv)We test a Safety Switch Test by pressing the ‘T' or 'Test' button located on the safety switch. If it flicks off and cuts the power, We turn the safety switch back on.
(c)What is involved NOT with Safety Switch Testing
We do not:
(i)check to determine which lights or appliances are switched off that are protected by the safety switch;
(ii)to the maximum extent by law, accept any liability for any damage to any appliance or computer which happens as a result of the Safety Switch Testing or for the loss of any information which was not saved or could not be restored on a Device as a result of Safety Switch Testing
(iii)test the time it takes for the safety switch to turn off the power; and
(iv)to the maximum extent permitted by law, accept any liability if a safety switch does not function fully in terms of not turning off or not turning power back on following the Safety Switch Test.
8.Blind Cord Safety Compliance
(a)Smoke Alarm Solutions also offers a Blind Cord Compliance Service (‘Blind Cord Service’).
(b)The Blind Cord Service:
(i) complies with Our obligations pursuant to the Trade Practices (Consumer Product Safety Standard – Corded Internal Window Coverings) Regulations 2010 (Cth) (‘Regulations’); and
(ii)involves our technicians taking action to bring the blind cords up to the Competition and Consumer Corded Internal Window Coverings Safety Standard 2014 (Cth) (‘Standard’) which relates to the installation of corded blinds.
(c)Please note that the mandatory safety standards incorporated within the Regulations and the Standard do not apply to blinds that are already installed. Therefore, We are not obliged to replace existing blinds, although We will bring it to your attention should We notice damage to the blind.
(d)Our Blind Cord Service involves Our technicians taking action to bring the blind cords up to the standards required under the Regulations. Please note that within this service, We do not replace the blinds
(e)In order to bring blind cords within the mandatory standards pursuant to the Regulations, We install four (4) devices as follows
(iii)Tensioning devices; and
Please note that the abovementioned devices require the occupant(s) of the relevant property to take action to tie the blind cord. In the event that the occupant(s) does not carry out this action, We do not accept any liability for damage, injury or death caused by a deficiency in the cord to the maximum extent permitted under law.
We confirm that we will not fix or replace any device that is currently installed. Furthermore, We will not carry out Our Blind Cord Service on an already broken or tampered with blind.
9. Smoke Alarm Solutions Competitor Takeover
(a)We provide a Competitor Takeover Service whereby we will attend a property that is currently enrolled with a competitor of Ours and service the property’s smoke alarms until the expiry of the agreement between the Agent or Landlord and their current provider (‘Competitor Takeover Service’).
(b)Properties enrolled under Our Competitor Takeover Service will be provided with the Services under either Our $79 or $99 Annual Service plans as per clause 1 of these Terms and Conditions. However, We will not offer any free replacement smoke alarms or additional smoke alarms that are required to deem the property compliant during the takeover period.
(c)Once the agreement with the client’s current provider has come to an end, Smoke Alarm Solutions will offer the client the opportunity to purchase one (1) of Our Annual Services. Once the first Annual Service Fee has been paid, clients are then entitled to the inclusions as provided by either of the following Annual Services:
(i)$99 Platinum Annual Smoke Alarm Service; or
(ii)the $79 Diamond Annual Smoke Alarm Service.
(d)In the event that an alarm is required prior to the Annual Service Fee is paid, the client has the option to either:
(i)bring forward the annual renewal date and pay the invoice; or
(ii)pay for the alarm at Our current pricing schedule.
Please note that We will only replace smoke alarms that are required for compliance under current State and Federal legislation. Should a client choose not to renew the Annual Service with Us, a one-off cost of fifty dollars ($50.00) will be charged by Us to cover Our costs for the initial inspection at the property.
(a)We collect information from you with respect to the keys for the Enrolled Properties We service including their location and for what property the keys may be utilised.
(b)We confirm that all information relating to the collection, utility and location of the keys for the property (‘Key Information’) remains confidential and is only used for the purpose of providing you with Our Services
(c)The Key Information is held in a secure system on Our database
(d)Smoke Alarm Solutions does not except any responsibility for any damage to or loss of keys following the keys being collected or returned to you by Our technician. Please note that a record is kept on Our database to track when Our technicians return the keys to You.
11.Water Meter Photographs
(a)In addition to the Services We offer, Smoke Alarms can also provide water meter readings as an additional service (‘Water Meter Photograph Service’).
(b)The Water Meter Photograph Service involves one of Our technicians locating the Water Meter on the premises and taking a photograph of the current meter reading.
(c)This Water Meter Photograph Service can only be completed during:
(i)initial inspections; and/or
(ii)lease renewals in conjunction with when a smoke alarm test is being provided.
(d)Smoke Alarm Solutions will make all reasonable efforts to locate water meters however, We are not responsible for locating them. The location of water meters must be stated on work orders. If We cannot locate a water meter upon Our first visit to the property, We will not return to carry out the Water Meter Photograph Service again
(e)Smoke Alarm Solutions are not liable for any claims relating to water usage due to the Water Meter Photograph Services
(f)Smoke Alarm Solutions will charge you for its Water Meter Photograph Service after completion of the services. At the date of these Terms and Conditions, the service charge is $5.00 plus GST.
12.Provision of Incorrect information
By engaging Our Services and accepting these Terms and Conditions, you acknowledge the following:
(a)Any errors relating to dates, tenant details and addresses provided by you may delay the completion of servicing (‘Delay’);
(b)It is not the responsibility of Smoke Alarm Solutions to ensure that the information you provide is correct; and
(c)Smoke Alarm Solutions will not be liable to pay any damages arising from a Delay or any incident which may occur prior to Our attendance at the property as a result of a Delay.
13.Construction Age & Building Class
(a)When you request that We provide Our Services, We confirm that you are asked to provide details of the property that the Service policy relates to and where the smoke alarms are located (‘Property Details’).
(b)The Property Details include the following with respect to the relevant property:
(c)Smoke Alarm Solutions does not accept and will not be held responsible for and the Agent and Landlord release Us from any incorrect assessments of building age or building class provided to Smoke Alarm Solutions which may affect compliance with legislative requirements.
(d) By consenting to these Terms and Conditions, you acknowledge that it is your responsibility to notify Us of the Property Details and of any substantial changes to these details. In particular, you must notify Us if there is any doubt as to the validity of the compliance statement for the property.
(e)Compliance with the Building Code of Australia is the responsibility of the Landlord. Smoke Alarm Solutions is not a Building Surveyor, and does not know the relevant date that a property was built or renovated. It is the Landlord and/or Agent’s responsibility to verify and inform Smoke Alarm Solutions of the date when the property was built or renovated if the property is fitted with a 9-volt smoke alarm. If the date that the property was built or renovated is after July 1997 and the property is fitted with 9-volt smoke alarms, the Landlord or Agent must notify Smoke Alarm Solutions. Upon such notification from the Landlord or Agent, Smoke Alarm Solutions will change the smoke alarms to 240-volt smoke alarms to meet compliance requirements. If Smoke Alarms Solutions has previously stated that a property is compliant with a 9-volt smoke alarm, this statement only relates to a property that was built before July 1997 and has not been substantially renovated since.
(f)To the maximum extent permitted by law, Smoke Alarm Solutions does not warrant that a property fitted with a 9-volt smoke alarm is compliant unless the Landlord or Agent of the property has provided the information requested about the build date and renovation details of the property.
(g)To the maximum extent permitted by law, Smoke Alarm Solutions does not accept any liability for negligence, error, omission or otherwise and Smoke Alarm Solutions and its employees, agents and representatives will not be liable for any loss or damage howsoever arising (including any direct or consequential loss) relating to the verification of the year in which a property was built or renovated.
14.Call Out Charges
(a)We offer a 24 Hour Emergency Service for eligible Landlords who satisfy the following criteria:
(i)the Landlord has a current subscription for Our $99 or $129 Annual Services;
(ii)the Landlord’s Enrolled Property is located within a 50km radius of the Cairns, Townsville, Sydney, Melbourne or Adelaide GPO or within a 150km radius of the Brisbane GPO; and
(iii)the Enrolled Property has a sounding smoke alarm which started sounding outside the hours of 8:30am – 5pm Monday to Friday.
(b)Smoke Alarm Solutions will under no circumstance pay an invoice that has been raised by an independent unrelated contractor or another service provider due to attending to nuisance smoke alarms at an Enrolled Property.
(c)We will not be held liable for any damage caused by any third party who gains access, with force or otherwise, to an Enrolled Property with a sounding smoke alarm where the occupant is not home or unable to stop the alarm from sounding.
(d)An additional charge will apply when Our technicians are called out to attend to a smoke alarm between the hours of 5:00pm Friday to 8:30am Monday where the client is not covered by Our 24 Hour Emergency Service.
(e)In the event that the client and/or premises are enrolled in the 24 Hour Emergency Service, the call out charge will not apply.
(f)At the date of these Terms and Conditions, the call out charge will be in the sum of $250.
(g)We confirm that our technicians will make an assessment of the smoke alarm once they have arrived at the premises. In the event that the alarm is faulty or defective due to the fault of our technician, We confirm that the call out charge will not be payable.
15.Buildings other than 1a
(a)Smoke Alarm Solutions specialise in the inspection and compliance of smoke alarms within Class 1a residential properties and sole occupancy within Class 2 buildings. Under no circumstances will We attend a property to carry out smoke alarm services or maintenance on properties outside of these classes.
(b)Class 1a properties consist of a single dwelling property being a detached house, or row of house, duplexes, town houses, terrace houses or villa units where attached dwellings are separated by a fire resisting wall.
(c)Sole occupancy properties are properties with not more than one (1) occupant residing in the property
(d)Class 2 buildings include apartments, home units and flats in a building containing two (2) or more units.
(e)If We attend a property and We deem it to be a property that is not a Class 1a property or a sole occupancy property within a Class 2 building, We will not:
(i)perform any compliance work;
(ii)issue an invoice; or
(iii)issue a compliance report.
(f)However, Smoke Alarm Solutions reserves the right to offer a compliance service whereby Class 2 buildings can be deemed compliant in the future. The provision of such Service will be at Our sole discretion.
(g)We confirm that Our Services do not cover commercial buildings or ‘1b dwellings’ (‘1b Dwellings’).
(h)1b Dwellings require smoke alarms:
(i)in every bedroom; and
(ii)in every corridor or hallway associated with a bedroom; and
(iii)in any other storey not containing bedrooms, in the area of the stairway (exit path) between each level.
(i)1b Dwellings include the following types of properties:
(a)Our Services may be immediately terminated by Us if you:
(i) are in breach of these Terms and Conditions and you fail to remedy that breach within fourteen (14) days of receiving notice to do so;
(ii)fail to pay any amount outstanding to Us after receiving fourteen (14) days’ prior notice that the amount is outstanding; or
(iii)become bankrupt or insolvent.
(b)Either party may terminate these Terms and Conditions immediately by written notice to the other if the defaulting party:
(i)commits a material breach of these Terms and Conditions and that breach is not rectified within fourteen (14) days of being notified;
(ii)is presumed insolvent within the meaning of any applicable law, is made bankrupt, is placed into liquidation or any other form of administration relating to insolvent debtors or has a third party take possession of any substantial asset(s) of the defaulting party or if any proceedings are issued or an event occurs intended to lead to any of those consequences
(c)You may terminate Our Services at any time by giving Us thirty (30) days’ prior written notice. In accordance with clause 3(f), to the maximum extent permitted by law, We will not refund the Annual Services Fee if Our Services are terminated prior to the Anniversary Date or any applicable subsequent anniversary.
17. Force Majeure
No party is liable for any failure to perform its obligations under these Terms and Conditions if the failure or delay is due to anything beyond that party’s reasonable control. If that failure exceeds sixty (60) days, the other party may terminate these Terms and Conditions with immediate effect by giving notice to the other party. This clause 17 does not apply to any obligation to pay the Annual Service Fee due by you in accordance with these Terms and Conditions.
Smoke Alarm Solutions, its employees, agents and subcontractors will keep confidential all data and other information which comes into their possession as a result of the performance of our Services
Any failure by Us to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of that right or provision. Any waiver of any provision of these terms shall only be effective where We sign it in writing
(a)Subject to clause 20(b), We provide a five year warranty on any smoke alarm replaced or installed by a Smoke Alarm Solutions electrician or technician.
(b)Any products not manufactured by Smoke Alarm Solutions will be subject to the manufacturer’s warranty (if any).
(c)We warrant that:
(i)Our products are fit for their intended purpose and are free from defects in materials, designs and workmanship; and
(ii)Our Services are provided in a competent and diligent manner and with reasonable care and skill.
(d)Except as otherwise provided in these Terms and Conditions, to the maximum extent permitted by law, We exclude all other conditions, warranties or representations in respect of our products and Services whether express or implied, statutory or otherwise.
(e)In the event that Our products or Services do not conform with the warranties as stated above, in addition to any rights under the Australian Consumer Law, We will, at Our election, provide a refund of the Annual Service Fee or replacement of the Smoke Alarm product.
(f)Please note that We reserve the right to change the brand of alarm that We install at emergency visits in the provision of Our 24 Hour Emergency Service (please refer to clause 14) and that We are not liable for any additional costs of the alarm in the event that the usual priced alarm is not available in emergency circumstances.
21. Indemnity and Limitation of Liability
Nothing in these Terms and Conditions excludes or limits Our liability that cannot be excluded or limited by Australian law.
To the maximum extent permitted by law, the Landlord and Agent jointly and severally indemnify and keep indemnified Us and Our related bodies corporate (‘Our Indemnified Parties’) against any and all claims suffered or incurred by Our Indemnified Parties (including reasonable legal costs and expenses on a full indemnity basis) arising out of:
(a)any negligent act or omission of the Landlord or Agent; or
(b)any breach by the Landlord or Agent of these Terms and Conditions or any applicable law,
except to the extent that the claim results from the negligence, fault or wilful misconduct of Our Indemnified Parties.
To the maximum extent permitted by law, Smoke Alarm Solutions indemnifies and keeps indemnified the Landlord and Agent against any and all claims suffered or incurred by the Landlord or Agent (including reasonable legal costs and expenses on a full indemnity basis) arising out of:
(c)any negligent act or omission of Smoke Alarm Solutions; or
(d)any breach by Smoke Alarm Solutions of these Terms and Conditions or any applicable law,
except to the extent that the claim results from the negligence, fault or wilful misconduct of the Landlord or Agent.
Importantly, to the maximum extent permitted by law, We will not be liable for damage caused with respect to disconnecting smoke alarms. For example, in the event that We must force entry into a property on the instruction of the Landlord or the Agent, the fire service is called or any other third party is required to attend the property in relation to the smoke alarm’s use or non-use, We will not be liable to pay any costs or damages.
In the event that We remove a smoke alarm which is not required for compliance, We will remove the alarm and fill the hole in the ceiling with gap filler. If a ring is visible where the alarm used to be located then We will re-install the existing smoke alarm base (only if it is a 240 volt smoke alarm) to cover this area.
By agreeing to be bound by these Terms and Conditions, you acknowledge that We do not repair the ceiling or hole where the smoke alarm was to its original condition prior to when the smoke alarm was fitted, however We will use Our best endeavours to ensure that the space looks reasonably presentable to the best of Our ability.
To the maximum extent permitted by law, Our liability to a Landlord is limited to the lesser of insurance proceeds actually paid in respect of any loss suffered by the Landlord of a property, or the limit of Our insurance.
Notwithstanding anything in these Terms and Conditions, to the maximum extent permitted by law neither party will be liable to the other for any indirect or consequential loss or damage (including loss of profit or loss of opportunity).
The above limitations and indemnities continue after the expiration or termination of these Terms and Conditions.
Smoke Alarm Solutions confirms that it will attend to the Enrolled Properties in a timely manner. We do not, however, confirm a timeframe in which We will conduct an inspection. The Agent and Landlord releases Us from any claim incurred or suffered by the Agent or Landlord as a result of any delay in the performance of Our Services outside of our reasonable control.
Further, We confirm that We will endeavour to produce a compliance report for the property within 48 hours of attendance at the property.
(a)We confirm that We will ensure that the correct amount of notice required by the relevant State regulatory bodies is provided to the tenant of an Enrolled Property in the event of us entering a tenanted property to carry out Our Services; and
(b)We confirm that We will be unable to access a property for which a Service has been requested when access to the property is inhibited due to:
(i)atmospheric conditions, extreme temperature or rain, war, road closures, flood, fire, acts of god, technician car breakdown, a technician car accident, a locked gate or no driveway access, or access requiring a vehicle other than a standard vehicle (not a 4WD);
(ii)a tenant or owner-occupier refusing Us entry;
(iii)a tenant or owner-occupier not being home at the agreed and arranged time;
(iv)any occupational health and safety reason including but not limited to:
(A) a dog (or other animal) at the premises;
(B)the existence (or suspicion) of asbestos;
(C)a menacing tenant or owner-occupier;
(D)suspected illegal activities inside the property;
(F)any other condition that would make the property an unsafe workplace for Our technician.
We confirm that We hold the relevant insurance policies as required by law in the provision of Our Services
24. Entire Agreement
These Terms and Conditions and the Ultimate System and Service Package Terms and Conditions constitute the entire agreement between Us and you and supersede all prior representations, agreements, statements and understandings relating to their subject matter, whether verbal or in writing.
If any exclusion(s) or limitation(s) contained in these Terms and Conditions is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Terms and Conditions for that purpose/those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Terms and Conditions.
The privacy of your personal information and credit related personal information (“credit information”) is important to Us. We are committed to respecting your right to privacy and protecting the personal information provided by you to Us.
(a) the purposes for which your personal and credit information is collected;
(b)the consequences if your personal and credit information is not provided to Us;
(c)the third parties to which We may disclose your personal and credit information;
(d)how you may seek access or correction of its personal and credit information;
(e)whether your personal or credit information is likely to be disclosed to overseas entities and in which countries; and
(f)how you can complain about a breach of Our obligations in respect of your personal and credit information and how such a complaint will be dealt with.
27. Contra Proferentum
The contra proferentum rule and other rules of construction will not apply to disadvantage a party whether that Party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
28. Changes to these Terms and ConditionsWe may revise these Terms and Conditions of use at any time by amending this page.
(a)By engaging Our Services you are agreeing to be bound by the then current version of these Terms of Conditions.
(b)As such, please check this page from time to time to take notice of any changes We made.
These Terms and Conditions are to be governed and interpreted in accordance with the laws of the State of Queensland. The parties agree to submit themselves to the non-exclusive jurisdiction of the courts of Queensland and any competent appellate courts.
Last updated – December 2017