Terms & Conditions/ Privacy Policy

Inspections

INSPECTIONS,Termite Treatments and General Pest Control

TERMS & LIMITATIONS:

Terms & Conditions for 1 off treatments and inspections/Privacy Policy

Timber Pest Inspections/Treatments

TERMS & LIMITATIONS:

Important Information Any person who relies upon the contents of this report does so acknowledging that the following clauses which define the Scope and Limitations of the inspection form an integral part of the report.

THIS IS A VISUAL INSPECTION ONLY in accord with the requirements of AS 4349.3 Inspection of buildings Part 3: Timber pest inspections. Visual inspection was limited to those areas and sections of the property to which reasonable access (See Definition) was both available and permitted on the date of Inspection. The inspection DID NOT include breaking apart, dismantling, removing or moving objects including, but not limited to, foliage, mouldings, roof insulation/sisalation, floor or wall coverings, sidings, ceilings, floors, furnishings, appliances or personal possessions. The inspector CANNOT see inside walls, between floors, inside skillion roofing, inside the eaves, behind stored goods in cupboards, in other areas that are concealed or obstructed. The inspector DID NOT dig, gouge, force or perform any other invasive procedures. An invasive inspection will not be performed unless a separate contract is entered into. In an occupied property it must be understood that furnishings or household items may be concealing evidence of Timber Pests which may only be revealed when the items are moved or removed. In the case of Strata type properties only the interior of the unit is inspected.

1: SCOPE OF REPORT: This Report is confined to reporting on the discovery, or non discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (hereinafter referred to as “Timber Pests”), present on the date of the Inspection. The Inspection did not cover any other pests and this Report does not comment on them. Dry wood termites (Family: KALOTERMITIDAE) and European House Borer (Hylotrupes bujulus Linnaeus) were excluded from the Inspection, but have been reported on if, in the course of the Inspection, any visual evidence of infestation happened to be found. If Cryptotermes brevis (West Indian Dry Wood Termite) or Hylotrupes bujulus Linnaeus are discovered we are required by law to notify Government Authorities. If reported a special purpose report may be necessary.

2: LIMITATIONS:

To the extent permitted by law:

A: Nothing contained in the Report implies that any inaccessible or partly inaccessible areas or sections of the property being inspected by the Inspector on the date of the Inspection were not, or have not been, infested by Timber Pests. Accordingly, this Report is not a guarantee that an infestation and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the property. Nor is it a guarantee that a future infestation of Timber Pests will not occur or be found.

Nothing in this agreement operates to make us liable (whether under contract law, common law or otherwise) to you for any consequential, indirect or special loss or damage of any nature whatsoever including (but not limited to) those arising out of delay, loss of product, loss of production, business interruption, loss of revenue, loss of profits or loss of opportunity.

3: DETERMINING Extent of damage: The Report is NOT a structural damage Report. We claim no expertise in building and any inexpert opinion we give on timber damage CANNOT be relied upon. The Report will not state the full extent of any timber pest damage. The Report will state timber damage found as ‘slight’, `moderate’, `moderate to extensive’ or ‘extensive’. This information is not the opinion of an expert. If any evidence of Timber Pest activity and/or damage resulting from Timber Pest activity is reported either in the structure(s) or the grounds of the property, then You must assume that there may be concealed structural damage within the building(s). This concealed damage may only be found when wall linings, cladding or insulation are removed to reveal previously concealed timbers. An invasive Timber Pest Inspection (for which a separate contract is required) is strongly recommended and You should arrange for a qualified person such as a Builder, Engineer, or Architect to carry out a structural inspection and to determine the full extent of the damage and the extent of repairs that may be required. You agree that neither We nor the individual conducting the Inspection is responsible or liable for the repair of any damage whether disclosed by the report or not.

4: MOULD: Mildew and non wood decay fungi is commonly known as Mould and is not considered a Timber Pest. However, Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people. No inspection for Mould was carried out at the property and no report on the presence or absence of Mould is provided. Should any evidence of Mould happen to be noticed during the inspection, it will be noted in the Other Information section of this report. If Mould is noted as present within the property and you are concerned as to the possible health risk resulting from its presence then you should seek advice from your local Council, State or Commonwealth Government Health Department or a qualified expert such as an Industry Hygienist.

5: DISCLAIMER OF LIABILITY: No liability shall be accepted on account of failure of the Report to notify any Termite activity and/or damage present at or prior to the date of the Report in any areas(s) or section(s) of the subject property physically inaccessible for inspection, or to which access for Inspection is denied by or to the Licensed Inspector (including but not limited to any area(s) or section(s) so specified by the Report).

6: DISCLAIMER OF LIABILITY TO THIRD PARTIES: This Report is made solely for the use and benefit of the Client named on the front of this report. No liability or responsibility whatsoever, in contract or tort, is accepted to any third party who may rely on the Report wholly or in part. Any third party acting or relying on this Report, in whole or in part, does so at their own risk.

7: COMPLAINTS PROCEDURE: In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, or any alleged negligent act or omission on Our part or on the part of the individual conducting the Inspection, either party may give written Notice of the dispute or claim to the other party. If the dispute is not resolved within twenty-one (21) days from the service of the written Notice then either party may refer the dispute or claim to a mediator nominated by Us. The cost shall be met equally by both parties or as agreed as part of the mediated settlement. Should the dispute or claim not be resolved by mediation then one or other of the parties may refer the dispute or claim to the Institute of Arbitrators and Mediators of Australia who will appoint an Arbitrator who will resolve the dispute by arbitration. The Arbitrator will also determine what costs each of the parties are to pay.

Terms And Conditions

Force Majeure

The FIRM shall not be responsible for failure to meet its contractual obligations if the failure results directly or indirectly from causes beyond its control.

8: Risk and ownership

The equipment supplied under this agreement and any additional and/or replacement equipment remains the property of the FIRM notwithstanding its installation in the Client’s premises until paid.

The client agrees to comply with all instructions made by the FIRM concerning the use and operation of the equipment and advise the FIRM as soon as possible if the equipment needs repair or additional servicing. The client will not attempt to move, dismantle, modify or repair the equipment or allow any person other than the FIRM to do so.

The client also agrees to take reasonable care of the equipment (including preventing from misuse and theft) and indemnifies the FIRM for all loss or damage to the equipment from any causes whatsoever on a replacement cost basis.

Prior to commencement of the agreement the client is required to read the instructions given together with this agreement to ensure that the necessary precautions are taken for Pest Control treatment. The FIRM shall not follow be responsible / or liable for any personal injury or damage to property (internal or external) should the client not follow the recommended precautions.

i) Site access constraints
ii) Site OHS concerns

iii) Service technician safety issues

iv) Non-payment for services
You must provide access to the Service Address so that we can provide the Services and where directed, must ensure that all persons leave the vicinity where the Services are to be provided. If you fail to give us access to the Service Address.
If for any reason a health or safety hazard results from the provision of the Services, you must immediately inform us.
You must ensure that the Service Address is always a safe working environment, and, to the extent permitted by law, you must indemnify us for any loss or damage that we may suffer where you fail to do so.
where a claim relates to a guarantee or warranty under the Australian Consumer Law, our liability to you under this agreement, whether in contract, tort (including, without limitation, negligence) or otherwise is in the case of the Equipment, limited to the replacement or repair of the Equipment or the cost of replacing or repairing the Equipment, and in the case of Services, is limited to the cost of supplying those Services again, whichever may be determined in our absolute discretion to be appropriate in the circumstances.
in all other circumstances, our liability to you (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the total fees received by us from

you pursuant to this agreement we are not liable for any claims made for injury, loss or damage whether caused negligently or otherwise to you or your property, or to any third party as a consequence of providing the Services, the Equipment or any additions.

9{ STATUTORY WARRANTY

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:

to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

10: SERVICES WARRANTY CLAIM

If you have a problem with our Services or believe that you may have a Services warranty claim in relation to our Services:
please contact our Branch who provided the Services at Falls Pest Control at 3 O’Brien Road Mount Annan NSW 2567): Phone number 0415413229 or email Falls Pest Control at Info@fallspestcontrol .com.au
arrange a convenient time for the Services to be inspected and if we determine in our absolute discretion to be appropriate in the circumstances, a convenient time for the Services to be resupplied

11: GOODS AND SERVICES TAX

Where any supply under this agreement is or becomes subject to GST, an amount equal to the GST paid or payable for that supply will be added to the amount exclusive of GST paid or payable for that supply.

12: INABILITY TO DELIVER SERVICES

To the extent permitted by law, we will not be responsible for failure to meet its contractual obligations if the failure results directly or indirectly from a cause beyond its control

13: PRIVACY

Subject to us complying with the Privacy Act 1988, you authorize us and our agents to collect your personal information for providing the Services and the Equipment and for internal administration and operational purposes, market and customer satisfaction research and to comply with legislative and regulatory requirements. If you do

not provide your personal information, we may not be able to provide you with our Services and Equipment. We and our agents may use your personal information and disclose it to our related bodies corporate and third parties to inform you about products and services, special offers and discounts provided by us, our related

bodies corporate and third parties that may be of interest to you. For further information on how we deal with your personal information you can view our privacy policy at Falls Pest Control .com.au/privacy, call 0415413229 or send an email to info@fallspestcontrol.com.au. If you do not wish to receive direct marketing communications from us, our related bodies corporate or third parties, please contact us at info@fallspestcontrol.com.au and include your name and address and we will not send you any further direct marketing communications.

14: GOVERNING LAW

This agreement is subject to the laws of the State where the Service Address is located, and the parties submit to the jurisdiction of New South Wales.

15: DEFINITIONS:

For these terms and conditions:

“Commencement Date” means the date The Customer agree with Falls Pest Control to start the Inspection/ Treatment.

“THE FIRM” means us, our, we and Falls Pest Control. 3 O’Brien ‘Road Mount Annan NSW 2567

“THE CUSTOMER” means you being the customer, receiving the service

“Equipment” means the pest control equipment and any other equipment potentially provided under this agreement, and includes any additional or replacement equipment;

“Initial Term” 12 months from Commencement Date or from the date an upgrade/downgrade of your subscription is invoiced. NO reticulation maintenance add-on is available with our firm.

“Service Address” means the address specified on the Customer Portal and on our Service Reports;

“Service Price” means the price for each service specified in the Customer Portal;

“Services” means the pest control service agreed with Falls Pest Control and as specified on your Service Report;

“Term” means the Initial Term and further term we are servicing you, THE CUSTOMER,

“Subscription” means the arrangement where the services are offered to you periodically by sending you recurring invoices as per the Terms and Conditions set out under this agreement. “Termite Solutions” means the Termite Management System or Termite Baiting System installed at customer premises

By accepting the Terms and Conditions, this Authorization is to remain in force in accordance with the terms and conditions for Direct Debit Requests. I acknowledge that my personal information will be collected, used, held and disclosed in accordance with the Falls Pest Control Privacy Policy as stated in the Terms and Conditions.

Part B General Pest – Home Protection T&Cs

16: Exclusions

Excluded Pest Species from Package Pest Targets:

Ants exclude Red Fire Ants, Carpenter Ants, Funnel Ants & other declared pest species
Rodents exclude native rodent species,

iii. Bees, A separate charge to the client on the day will be required

Spiders exclude ground dwelling species (Funnel web, Trapdoor, Mouse, Wolf, Huntsman and Jumping,
Wasps of all types are excluded, VI) Caterpillar excludes all species except Urticaria (rash) causing species, VII) Lice exclude Head and Body Lice, V111) A separate charge to the client on the day will be required
Moths exclude Fabric moths, IX) Other – Any other native or declared species. A separate charge to the client on the day of treatment will be required

17: CUSTOMER RESPONSIBILITIES

Follow all recommendations by the Pest Technician on the service report provided
Pets are regularly treated to ensure they are free from Fleas and ticks at all times
To work in conjunction with Us or any of their representatives in reference to any reportable pest species found on the property including specific guidelines as outlined by the relevant authority

18: SITE EMERGENCY SERVICES

Site Emergency Services refer to pest treatment required for internal sightings only, the Site Emergency service will be a targeted internal treatment to the pest species reported at time of request, this is a limit of the warranty conditions and any additional costs incurred are not covered

19: IF EQUIPMENT IS NEEDED IN YOUR HOME PROTECTION PLAN

If Equipment is needed for your Home Management Plan – We will Endeavor to install the Equipment on the Preferred Installation date, but we are under no obligation to do so, and may install the Equipment on another agreed date. All Equipment supplied for the provision of the Services remains our property of Falls Pest Control notwithstanding its installation at the Service Address.
You agree to comply with all instructions given by us concerning the use and operation of the

Equipment and will advise us as soon as possible if the Equipment is damaged or in need of repair. You will not attempt to relocate, move, dismantle, modify or repair the Equipment or allow any person other than us to do so.

You agree to take care of the Equipment (including prevention from misuse and theft), and, to the extent permitted by law, you indemnify us for all loss of or damage to the Equipment from any cause whatsoever on a replacement cost basis.
If for any reason the Equipment becomes a health or safety hazard, you must immediately inform us
All equipment remains the property of Falls Pest Control and must be returned to Falls Pest Control on termination of the said agreement.

20: TERMITE PROTECTION – TIMBER PEST INSPECTION (“TPI”), WARRANTY

INSPECTION.

If Timber Pest Inspection, forms part of your Home Management Plan specific terms and conditions apply in accordance with the Report/Reports that will be delivered to you after Inspection up to 7 days after the inspection has been completed.

In addition.

Active Termites found during initial Timber Pest Inspection (TPI) – Please note

– if any termite activity is found during initial Timber Pest Inspection or other service at commencement of Home Protection Plan this will require remedial termite treatment at clients cost prior to any further works or Home Protection Plan can be considered active.

Termite Management System in place that has not been installed by us or our subsidiaries – If we under our current license are not allowed to service the system, we have the right to cancel our current Home Protection Plan with you.
A termite management system installed by us requires warranty activation by signing up to the home protection plans (exception, Convenience Plan). As per the Home protection plan, annual warranty inspections required to maintain warranty and it is your responsibility as our customer to provide access for these on annual basis.
Termite reticulation is not covered by our firm.

21: ADDITIONAL PAYMENT AND TRADING TERMS

You agree to pay for the Service in accordance with our trading terms that are stated in the agreement; Direct Debit of monthly charges depending what Home Protection Plan that has been chosen.
Excluded pest species may incur extra charges depending on the environment and conditions as required.
Any adhoc or value add services sold at service to be paid with credit card and are considered a knockdown treatment with no warranty or emergency services.

Part C Termite Solutions – Home Protection T&Cs

22: Termite Reticulation – Termite Services

No reticulation maintenance forms any part of your service

23: OWNERSHIP OF DRAWINGS

Technical documents, specifications or drawings submitted to you before a contract is formed remain the property of us at all times and may not be transmitted to a third party, copied, reproduced or used by you unless our prior written permission of the FIRM is obtained.

24: WARRANTIES

The installed Termite solutions will be supplied at the completion of Works and will state the years cover from the date of installation for certain events on the condition that service plans are performed by Us in accordance with your current agreement. Further, below terms will need to be complied with by as outlined below:
It is your obligation to assure the services are performed in accordance with your current agreement. Failed payment/s may result in warranty being void.
If the warranty gets cancelled due to non-payment, you may request that we reinstate the warranty, which will need to follow the specific procedure set out in this clause for this to occur.
In the event that the Termite solution does not perform to the warranty and subject to the Conditions and Exclusions below, we agree that we will:
at our option repair or replace any timber which is damaged as a result of damage by termites entering the Premises by subterranean infestation within the agreed period from the date of the Termite solution being installed for a value up to AUD $50,000. Any repairs by us to the building will be performed to match, as close is reasonably possible, the existing fit, finish and appearance in the damaged area of the building.
at our option repair, restore or replace any painted or varnished or stained surfaces damaged as a result of attack by termites entering the Premises by subterranean infestation within the agreed period from the date of the Termite Solution being installed.

iii. During the repair process, we may decide that, instead of removing or replacing the damaged components of the Building, it will instead reinforce and/or reconstruct that component or part of the Building containing the component in such a way that the structural purpose of the components are preserved, supplemented or transferred to another component provided that the area of the Building that contains such components shall have an appearance after repair, when viewed from the exterior or interior living spaces, which are similar to its appearance before it was damaged;

The method of repair, replacement or restoration will be determined after consultation with You, but we shall be solely entitled to determine the method, whether and to what extent the repair, replacement or restoration shall be carried out.
The benefits conferred upon you by this Warranty are in addition to all other rights and remedies had by you in law against us except to the extent to which we are entitled to modify or exclude such rights and remedies.
Exclusions that apply to the warranty;
The benefits of the warranty do not apply to; any claim in respect of any timber forming part of the premises where:
the floor area of such Premises has been extended or increased;
the premises have been renovated, altered, restored or repaired in the areas of infestation or access by termites;

iii. the areas have not been treated or serviced according to the service plan or in accordance with our recommendations.

Any claim arising out of a physical or chemical disruption to the System where such disruption is directly or indirectly the result of:
the negligent or deliberate act or omission of you.
any act of God, natural disaster, riot, civil commotion, war, undeclared hostilities, arson, vandalism or any other cause whatsoever beyond our reasonable control;
Any claim in respect of any damage by subterranean termite attack, where the regular inspections as per AS 3660 have not taken place;
any claim arising from termite infestation through the concrete slab, or where the slab has not been constructed in accordance with AS 2870-1996;
any claim arising from termite infestation through the penetrations, concrete slab, or where any termite infestation has occurred at any point.

iii. any claim where you have increased the risk to the area of infestation or access by termites:

building garden beds or landscaping or otherwise covering weep holes in the brickwork or structure of the Premises;
storing or allowing the accumulation of timber, refuse, firewood or other materials close to the Premises;
Committing any other act or omission
(a) any claim lodged more than 30 days after you become aware (or reasonably should have been aware) of any attack by termites;
Any claim for loss, damage costs or expense whatsoever suffered by you which is caused or contributed to by any negligence or wilful default by us, our employees, agents or independent contractors.
All environmental conditions and recommendations are rectified following each Annual Timber Pest Inspection included as part of this agreement.
The services comprise our assessment of the best way to manage your needs, any expected results from the services communicated by us to you are our assessment of the most likely outcome for you and do not and will not be deemed to constitute a warranty or guarantee by us that any expected results will in fact be achieved by the services.
Subject to the provisions of the contract, all and any express or implied terms, conditions, warranties and representations with respect to the standard, quality, condition, fitness, durability or suitability of the services (except those expressly contained in these terms or otherwise expressly agreed to in writing by us) are to the extent that the same may be excluded by law, hereby expressly negated and excluded.
You must satisfy yourself as to the standard, quality and suitability of the services and the fitness of the services for the purpose(s) for which the services are being purchased and as to its compliance with the description (if any) of such services. Any description is for identification purposes only and the use of a description does not of itself make any contract a contract of sale by description.
These terms shall not exclude restrict or modify or have the effect of excluding restricting modifying the application in relation to a contract of all or any of the provisions of division 1 of Part 3-2 of schedule 2 to the Competition and Consumer Act 2010 (“the act”) or the exercise of right conferred by such a provision or any liability of us for breach of a guarantee implied by such a provision but all other guarantees, conditions of warranties which would or might otherwise be implied are hereby expressly excluded and negated.
To the extent that the Competition and Consumer Act 2010 permits us to limit our liability for a breach of a guarantee implied pursuant to division 1 of Part 3-2 of schedule 2 of the act, then our liability for such breach including any consequential loss which you or any third party may sustain or incur is limited, at our option, to:
the replacement or repair of the any goods supplied to you;
the supply to you of equivalent services; or
the payment of the cost or replacing or repairing the goods or of having the equivalent services supplied again, whichever may be determined in our absolute discretion to be appropriate in the circumstances.
The benefits of any warranty herein contained do not apply in the case of:
Defects in any goods caused by your misuse or neglect; or
Services, which have been altered or added to or otherwise modified without our prior written consent.
Warranty Service
To the extent permitted by law, no warranty period applies in respect of the services unless we have expressly offered a warranty period as a term of the contract you.
If you have a problem with our services or believe that you may have a services warranty claim in relation to our services:
please contact our us by email Info@fallspestcontrol.com.au (or if this is not convenient call us at 0415413229);
arrange for inspection of your premises and an assessment of the effectiveness of the services may be carried out by us, at our expense.
if a warranty period applies under clause 14.1, you must allow us access to your premises at all reasonable times as required by us to undertake any warranty work.

25: Timber Pest Inspection and Report

If a timber pest inspection/report is required as part of your suggested property management plan you acknowledge that:

The inspection report does not include the inspection and assessment of matters outside the scope of the requested inspection and report.
The inspection only covers the readily accessible areas of the building and site. The inspection does not include areas which were inaccessible, not readily accessible or obstructed at the time of the inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include — but not limited to — fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, stored clothing/articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.
The detection of “Drywood Termites” may be extremely difficult due to the small size of the colonies. Any inspection DOES NOT IN ANY WAY search for the existence of Drywood termites. An inspection for Drywood termites can be performed upon special request.
The inspection and report are not a structural damage report. If it reveals evidence of any timber pest activity/damage, it is recommended that the client engage the appropriate professional to conduct a full inspection to ascertain the extent of any damage.
The inspection and report are indicative of the condition of the subject building and site at the date and time of the inspection only and is not to be construed as an express or implied warranty or guarantee against latent, concealed, or future infestation or defects.
The inspection is to be produced for the sole use of the client named in the booklet or property management plan agreement. The FIRM or its representatives are not liable for any reliance placed on the report by any third party.

26: Delays

We are not be liable for any loss or damage suffered by you by reason of a delay, suspension or cancellation of any services in part or in whole for any reason beyond our control, breakage or failure of any machinery or apparatus required to deliver the services or labour trouble, strikes, lockouts or injunctions, services delayed, suspended or cancelled under this clause may at the option of the FIRM be cancelled completely or delivered at a later time, (without any liability attaching to us as a consequence) and in either case, we will notify you in writing accordingly.

27: Risk and Title

Title to any goods or materials supplied by us to you as part of the services does not pass to the you until such time (“the specified time”) as the cost of the services and all other moneys (if any) due from you to us in respect of the services or under any contract between the us and you have been paid to us in full.
Until the specified time, you are only a bailee of any goods or materials for us and you will:
Hold the goods or materials until the specified time as to enable them always readily to be identified as our property; and
Upon written demand re-deliver the goods or materials to us or allow us by our servants or agents to enter upon any premises where the goods or materials are stored recover the Same.
Any goods and materials are at our risk until the time they are delivered to you, when risk passes to you.

28: Damage

Although all care will be taken by us, we do not assume any responsibility for damage to utility/service pipes, conduit and/or fittings caused by drilling, cutting and/or trenching of soil and masonry surfaces whilst engaging in the application of the selected property management plan. It is highly recommended that if any uncertainty exists as to the location of any utility/service pipes, conduit and/or fittings you should engage the appropriate professional to locate and mark any utility/service pipes, conduit and/or fittings before the commencement of treatment.
We are not experts in the construction or building trades, any property management plan proposal and/or its associated components do not and cannot state the extent of any structural damage caused by subterranean termites, wood decay fungi or borer infestation. If any past/present/suspected damage is brought to your attention it is recommended that the owner or other interested parties contact a qualified building engineer, architect, or other qualified expert in the construction or building trades to determine the existence and/or extent of possible structural damage to the building or structures pertaining to this property management plan.
During the course of the selected property management plan, we may be required to carry out tests and procedures using the following techniques and instruments:
Electronic moisture detecting meter – an instrument used for assessing the moisture content of timber.
Stethoscope/listening device — a listening device used to hear sounds within building elements.
Termatrac — an electronic device used to track termite movement within building elements.
Borescope — an instrument used to view the internal of voids through a small hole, usually a hole will be made to accommodate this method.
Sounding — a technique where building elements are tapped with a solid object.
Probing — a technique where timber and other materials/areas are penetrated with a sharp instrument.
The removal and/or cutting and/or drilling of certain building elements to ascertain subterranean termite infestation/activity and suitability for treatment may also be required.

Although all care will be taken, we are not liable for damage caused by the carrying out of these of any other tests or treatment techniques that are a required part of the selected property management plan.

29: Waiver

A party does not waive a right or power simply because it fails to exercise or delays exercising that right or power. A single exercise or power does not prevent in exercising it again or exercising any other right or power. A right or power may only be waived in writing signed by the party to be bound by the waiver.

30: Severability

Any provision in these terms which is invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable. Otherwise, the offending provision may be severed to the extent of the invalidity of unenforceability, without affecting the remaining provisions of these terms.

31: Environmental Conditions

The actions of property owners can be instrumental in reducing the suitability of the environment to subterranean termites. This will help in reducing the risk to the serviced structure of subterranean termite attack as well as improving the ease of inspection to the building for the presence of subterranean termites and timber pests.
For any Termite solution or treatment system installed by Us to work effectively, the following Environmental Conditions must be adhered to in respect of the Serviced Structure during the Cover Period:
It is important that this section is read, understood and implemented. Failure to adhere to these precautions will result in the cancellation of any warranty issued by Us.
For further advice and information contact your local Branch,
Slab edge exposure: Where no termiticide treated zone exists, a minimum of 75mm of exposed slab edge must be maintained.
Slab Levels: The finished level for soil, paths, pavers, garden beds etc. must be a minimum of 75mm below weep holes.
Storage Practices: All areas of the subfloor and/or external perimeter of the structure should be kept clear of stored items, (a minimum clearance of 350mm away from the serviced structure is required). Any item/s stored within the property’s boundaries, especially those containing cellulose such as timber, cardboard, paper, etc. must be stored in a manner that allows clear access for inspection and does not bridge, breach or disturb any part of the installed subterranean termite treated zones. Any items stored in subfloor areas must not provide accessible food for termites, hidden paths for termite entry, and must not reduce effective ventilation.
Vegetation & Gardens: General vegetation around foundation areas should be managed so that inspection zones and airflow are not impeded. Planting of trees near buildings must be avoided to limit root intrusion, climbing plants and/or thick vegetation growing against the side of the structure will bridge or breach the subterranean termite treated zone and provide subterranean termites with a well concealed entry point. These situations must be remedied as soon as possible by clearing plants away from the structure, leaving a clearance of at least 300mm and/or installing root barriers 300mm out from the foundation. Garden beds with coverings such as pine bark, woodchip and/or materials containing cellulose create an environment conducive to subterranean termite activity, in addition to creating a bridge across any subterranean termite treated zones that are installed. Vegetation must be maintained so that it does not obstruct the weep holes and/or ventilation. Soil levels must be maintained at least 75mm below weep holes, any disturbance to soil adjacent to building where a termiticide treated zone is installed must be repaired immediately. Contact Us for assistance.
Moisture: Moisture sources can result in unnecessary moisture accumulation which is one of the main contributing factors in subterranean termites nesting close to, or within structures, particularly in drier areas. Moisture sources should be managed to reduce their effect on structures, surface and ground water should be diverted away from the structure by installing appropriate drainage systems. Moisture situations may result from inadequate poorly maintained:
roof drainage e.g., leaking plumbing, inadequate down-pipes;
surface drainage e.g., ground sloping towards walls, raised ground levels, garden beds and wind-blown soil;
plumbing e.g., leaking showers, unsealed tap flanges, leaking taps, cracked and perforated pipes, blocked drains and faulty connections, inadequate air conditioner and/or hot water system drainage, flashing around windows and doors, and leaking garden/lawn irrigation systems.
rainwater tanks, spas etc. installed abutting the structure pose significant moisture problems, especially when installed on a concrete pad. In such cases subterranean termites often gain entry into the structure from these concealed areas, treatment to these concealed areas is vital in any subterranean termite management plan.
Debris Timbers: Timber off-cuts, form timbers, etc., existing in subfloor and perimeter areas of the structure provide an attractive food source and nesting site for subterranean termites and pose an unnecessary risk. These situations must be remedied as soon as possible by removal of these items from subfloor and external areas.
Ventilation: Substandard ventilation in the subfloor areas of a structure result in high humidity and a moisture rich environment. Wood decay fungi and subterranean termites thrive in these conditions. Strong airflow by natural or artificial means may aid in reducing temperature and humidity in the subfloor area resulting in evaporation of soil moisture, crossflow ventilation with the avoidance of eddy or still points should be optimized.
Structures: Structures such as fences, retaining walls, pergolas, etc. should be constructed using termite-resistant components. Attachments to buildings such as down-pipes, service pipes, attached fence posts, air conditioning units, hot water systems, etc. must have a nominal gap of 50mm minimum at the ground contact point to allow clear and uninterrupted visual inspection. All timber posts, fence palings, house battens, etc. in ground contact must have a nominal gap of 50mm minimum to allow clear and uninterrupted visual inspection or have an effective termiticide treated zone installed where practical.
Dead Trees and stumps: Dead trees and/or stumps are favoured nesting sites for subterranean termites and must be removed as they pose an un-necessary risk to the structure; Treatment may be conducted to these areas and is highly recommended prior to removal if subterranean termite activity is located. However, this treatment offers no protection from future/further subterranean termite activity.
Disturbance to treated soil areas: If a termiticide soil treated zone is installed to the property, the disturbance, adding to and/or removal of this soil will result in a break to the treated zone allowing subterranean termites entry through the breach, disturbance may be caused by tilling of soil, pets and/or children excavating soil, degradation and erosion by way of water runoff, installing paving and/or concrete paths, etc. Any suspected breach of the treated zone must be investigated immediately so that rectification of the breach can be undertaken. Contact Us for assistance.
Flooding/Fire represent a high risk for degradation of chemical treatments for Termites, If flooding has occurred and has degraded the termite maintenance we cannot be held responsible for termite damage or activity in or around the building, a re-treatment of the home will need to be carried out for a further cost to the client,

Pest Control

Pest Control Terms and Conditions

Force Majeure

The FIRM shall not be responsible for failure to meet its contractual obligations if the failure results directly or indirectly from causes beyond its control.

ENTIRE AGREEMENT

This Terms & Conditions stated below contain the entire agreement and understanding between us (Falls Pest Control), THE FIRM and you, THE CUSTOMER on everything connected with the provision of the Equipment and Services. To the extent permitted by law, we, THE FIRM expressly exclude all warranties, guarantees, representations and conditions except as may be made by us to you in writing. These terms supersede any previously issued Terms & Conditions.

These Terms and Conditions (T&Cs or Terms) comprise Part A of this document (General) and all other parts which are relevant to the Services provided to you. We may vary these Terms at any time by giving you written notice. A variation will take effect immediately for all new orders placed after we send you the written notice, and for any equipment or services under an existing order.

Your acceptance of further equipment and services and/or payment of invoices due after the date we send you written notice, is deemed acceptance of the variation.”

2) Risk and ownership

The equipment supplied under this agreement and any additional and/or replacement equipment remains the property of the FIRM notwithstanding its installation in the Client’s premises until paid.

Only control agents that are approved by the department of Primary industries and Energy’s Australia Pesticides and Veterinary Medicines Authority and registered for use in the State of New South Wales will be used.

Where cutting/drilling is required, no liability shall be accepted should damage occur to concealed services such as gas, water, electricity, drains or telecommunications. The client agrees to indemnify Falls Pest Control against any such cost or claims that might arise from such damage.

This agreement does not guarantee against present or future damage to the building or content or provide for the repair or replacement thereof. This agreement does not provide for control of any other pest not indicted herein.

Acknowledgement: By obtaining the Equipment and Services you, THE CUSTOMER represents and warrant that you have read and understood and agree to all of the Terms & Conditions

Part A General Pest Control – Home Treatment T&C

1) Terms

This agreement commences on the Commencement Date and continues until cancelled in writing by you or us.

The FIRM will supply the Equipment and Services. The Treatment/Inspection commences from the date we issue Our invoice (‘Commencement Date’).
Upon termination of this agreement by either party for any reason, we are entitled to immediate possession of potential Equipment on site, and you will allow us to enter the Service Address to remove the Equipment.
Notwithstanding any other provision of this agreement, if either party breaches any term or condition of this agreement the other party may notify the party in breach and seek remedy of the breach via consultation and/or arbitration. The party not in breach may at its sole discretion immediately terminate this agreement or suspend services by notice in writing to the party in breach if no agreed solution to the breach is reached.

2) PROVISION OF THE SERVICES

We agree to provide the Services in accordance with the Service Instructions (if any) from the

Commencement Date (or such other date as may be agreed) and for the Term.

If during the Term we are no longer able to provide the Services (or part thereof) to you, we will immediately notify you and provide the reasons as to why the Services (or part thereof) can no longer be provided. In the event that such notification is given and no remedy or agreed solution between the parties is adopted, we have no further obligation to provide those Services and any warranties attached. Possible reasons as to why Services can’t be provided include but are not

limited to:

i) Site access constraints
ii) Site OHS concerns

iii) Service technician safety issues

iv) Non-payment for services
You must provide access to the Service Address so that we can provide the Services and where directed, must ensure that all persons leave the vicinity where the Services are to be provided. If you fail to give

us access to the Service Address, then we will be entitled to keep the benefit of that part of the Annual Amount as attributable to the provision of that Service.

If for any reason a health or safety hazard results from the provision of the Services, you must immediately inform us.
You must ensure that the Service Address is always a safe working environment, and, to the extent permitted by law, you must indemnify us for any loss

or damage that we may suffer where you fail to do so.

3) EQUIPMENT WITH INTEGRATED DATA SYSTEMS

Some of our Equipment have an integrated system where data i.e., information regarding the use of our Equipment (such as but not limited to equipment failures, observations, measurement data, sensor levels) is stored automatically. Such Equipment may

digitally send, upload, communicate or transmit data to us for our use by in accordance with our privacy section

All data relating to the Services is owned by us.
We may use data for any purpose including but not limited to provide and manage the Service,

statistical purposes, development of the Service, our Equipment and other of our products or services, research and marketing. We undertake to, if personal data is included in the data, as far as is reasonably possible to use such data on a pseudonymized and/

or anonymized basis

4) ADDITIONAL SERVICES AND EQUIPMENT

If you require additional services and/or equipment (“Additions”) (and we agree to provide them),

those Additions will be provided on the terms and conditions of the invoice/agreement.

You will pay the current service price for the Additions as well as the original work we were requested to do as per the invoice we have supplied.

5) SERVICE EFFECTIVENESS

We are obliged to use reasonable endeavours to provide the Services, the Equipment and any Additions and we will provide the same in a competent and professional manner considering the terms and conditions of this agreement. The ongoing effectiveness of the Services, the Equipment and any Additions provided depends on your implementation of our recommendations. You acknowledge that our Services, Equipment and any Additions may also be rendered ineffective by disturbing treated areas, building alterations, renovations and introducing untreated or infested materials to the property that encourages pest activity.
Please note: some insect pests can be very hard to control and may take a number of treatments to get control, If you are within the warranty period please call to organise a retreatment/inspection so we can find the best method for control
To the extent permitted by law, no warranty period applies in respect of the services unless we have expressly offered a warranty period as a term of the contract you.
If you have a problem with our services or believe that you may have a services warranty claim in relation to our services:
please contact our us by email Info@fallspestcontrol.com.au (or if this is not convenient call us at 0415413229);
arrange for treatment of your premises and an assessment of the effectiveness of the services may be carried out by us, at our expense.
if a warranty period applies under clause 14.1, you must allow us access to your premises at all reasonable times as required by us to undertake any warranty work.

6): Instructions and Precautions for Treatment (before Treatment)

You must advise us of any pets or any family or personal allergies or other concerns. You must advise us in writing if any female is pregnant. Any persons with particular sensitivity should remain clear of the area for 4 hours after the service and food items and kitchen utensils should be covered.

You should abide by any verbal advice provided by Falls Pest Control at the time of the service.

Prior to treatment, all living things, (excluding plants) birds, dogs, cats, fish (fish tanks must be removed or hermetically sealed by you) and all persons in resident must vacate the premises.

All windows and doors should be closed. Open all cupboards and drawers. All air conditioners should be switched off.

Smoke detection systems must be switched off or covered and if remotely connected, the security FIRM must be informed.

Falls Pest Control must be informed in writing, prior to treatment of any areas not requiring treatment. These areas must also be clearly labelled by the client with warning stickers prior to treatment.

7) (After Treatment)

Open all doors and windows immediately open return for 5-10 minutes.

Premises which are solely air conditioned is switched on. Ensure smoke detection sensors are uncovered and/or re-connected.

You should ensure that the premises are fully ventilated following the service.

All animal drink and food containers to be washed.

Bees – With respect to Bee treatment a warranty is given for the treatment of the specific existing colony which will dissipate after a few days following treatment. Bees have a homing device substance situated at the entrance to a nest which can attract further colonies. It is therefore imperative that (if bees are nesting in a wall cavity or similar situation) the client arranges for the entry point(s) to be adequately sealed within a few days post treatment.

Possums – No warranty is given regarding possum re-entry to roof void or other area(s) of removal. Government regulation permits the removal of possums (by case) from a roof etc and released in the immediate area only. It is imperative therefore that the client arrange for the roof or other access point(s) to be sealed on the day of possum removal. Failure to do this will risk immediate re-entry of the possum.

Part B General Pest – Home Treatment T&Cs

8) Exclusions

Excluded Pest Species from Treatment Pest Targets:

Ants exclude Red Fire Ants, Carpenter Ants, Funnel Ants & other declared pest species
Rodents exclude native rodent species,

iii. Bees, A separate charge to the client on the day will be required

Spiders exclude ground dwelling species (Funnel web, Trapdoor, Mouse, Wolf, Huntsman and Jumping,
Wasps of all types are excluded, VI) Caterpillar excludes all species except Urticaria (rash) causing species, VII) Lice exclude Head and Body Lice, V111) A separate charge to the client on the day will be required
Moths exclude Fabric moths, IX) Other – Any other native or declared species. A separate charge to the client on the day of treatment will be required

9) CUSTOMER RESPONSIBILITIES

Follow all recommendations by the Pest Technician on the service report provided
Pets are regularly treated to ensure they are free from Fleas and ticks at all times
To work in conjunction with Us or any of their representatives in reference to any reportable pest species found on the property including specific guidelines as outlined by the relevant authority

10) FREE EMERGENCY SERVICES

Free Emergency Services refer to pest treatment required for internal sightings only, the Free Emergency service will be a targeted internal treatment to the pest species reported at time of request, this is a limit of the warranty conditions and any additional costs incurred are not covered

11) IF EQUIPMENT IS NEEDED IN YOUR HOME PROTECTION PLAN

If Equipment is needed for your Home Protection Plan – We will Endeavor to install the Equipment on the Preferred Installation date, but we are under no obligation to do so, and may install the Equipment on another agreed date. All Equipment supplied for the provision of the Services remains our property of Falls Pest Control notwithstanding its installation at the Service Address.
You agree to comply with all instructions given by us concerning the use and operation of the

You agree to take care of the Equipment (including prevention from misuse and theft), and, to the extent permitted by law, you indemnify us for all loss of or damage to the Equipment from any cause whatsoever on a replacement cost basis.
If for any reason the Equipment becomes a health or safety hazard, you must immediately inform us
All equipment remains the property of Falls Pest Control and must be returned to Falls Pest Control on termination of the said agreement.

12) PAYMENT AND TRADING TERMS

This agreement also relates to your payment/Non Payment to Falls Pest Control fees due under the terms and conditions of this Agreement. These terms and conditions are set out in this agreement/Invoice and can also be accessed on the Falls Pest Control website (fallspestcontrol.com.au).
By agreeing to the invoice and/or verbally accepting the work to be carried out you, acknowledge your invoice amount is to be paid within the agreed time period
We might cancel the Warranty if payment is not presented within the allotted time period on your invoice. A charge of $35 per Calander month will be charged after the due date and every month thereafter until monies have been paid
As our Customer – You may change make an arrangement under a Direct Debit request by contacting us on 0415413229. you must contact us to arrange an alternative payment for the remaining monies owing. Failure to do so may result in Falls Pest Control taking debt recovery action.
If you fail to make payment in accordance with this agreement, you agree that we may recover the outstanding amount specified in the invoice together with interest, our legal costs, bank fees, charges and other expenses incurred in attempting to recover the debt and any fees, commissions, or other amounts we pay to any collection agency to act on our behalf.
We may withhold the provision of Services where any amount is overdue under this agreement.
Paper based Invoice processing fee: If you require to receive paper-based invoices, you agree to pay to us the invoice processing fee ($18) or as advised by us to you.
Refunds: You agree that we do not have to process any overpayments by you as a refund if your accounts balance is not zero balance. Refunds will only be issued by us for debiting errors or for reasons the FIRM deems to warrant a refund to a customer.
Disputed invoices: If you dispute any charges on an invoice, the dispute must be submitted to us in writing with in fourteen (14) days of the invoice generation date

Talk to your Pest Management Technician

9) PRIVACY

13) GOVERNING LAW

This agreement is subject to the laws of the State where the Service Address is located, and the parties submit to the jurisdiction of New South Wales.

14) DEFINITIONS:

For these terms and conditions:

“Commencement Date” means the date The Customer agree with Falls Pest Control to start the Home Protection Plan and Authorize Falls Pest Control to Debit the Nominated Payment method.