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Terms and Conditions

WEBSITE TERMS AND CONDITIONS

This page contains the terms and conditions on which Rentokil Initial Pty Limited and Rentokil Pest Control (Qld) Pty Ltd (trading as Rentokil Pest Control) ("we", "us", "our) supply the property reports ("Reports") listed on our website ("Our Site").

Please read these terms and conditions very carefully before ordering the Reports from Our Site.

By ordering any Report, you agree to be bound by these terms and conditions.

Please print a copy of these terms and conditions for future reference.

Please click on I agree with the terms of service and I adhere to them unconditionally page if you accept these terms and conditions.

If you do not accept these terms and conditions you may not order any Report from Our Site.

1. GENERAL INFORMATION

1.1 We operate the www.rentokil.com.au website. In Australia, our registration includes the ABN 98 000 034 597. Our registered office is at Unit A1, 3 to 29 Birnie Avenue Lidcombe NSW 2141 which is also our primary trading address and head office.

1.2 Our Site is only intended for use in Australia.

2. CONTRACT FORMATION

2.1 By placing an order for a Report through Our Site, you confirm that you are legally capable of entering into this Contract, that you understand our terms and conditions and that you wish to be bound by those terms and conditions.

3 PROCESSING OF ORDERS

3.1 We will supply an ordered Report in accordance with our terms and conditions as set out upon Our Site.

4 PAYMENTS

4.1 At the time you place an order for a Report, you must be satisfied that it is appropriate for your requirements. We do not refund the fee paid for a Report ordered in error.

4.2 As soon as we accept your order for a Report, we will collect the Report fee from your credit/debit card.

4.3 Please note that payment for a Report fee is accepted only from Mastercard and Visa.

5 OUR LIMITED LIABILITY

5.1 Subject to any rights conferred by statute, you are not entitled to make any claim against us on any account relating to the contents of a Report.

5.2 You release us from liability in relation to the contents of any Report.

5.3 Subject to any contrary provision of the Australian Consumer Law, under no circumstances are you entitled to claim from us damages flowing from any alleged liability for any loss of profit, any third party claim and/or any indirect, economic or consequential loss or damage.

6. FORCE MAJEURE

6.1 If we are prevented or delayed in supplying a Report by circumstances beyond our reasonable control, We will be excused from supplying the Report as long as the event continues which causes the delay or prevents the supply of the Report.

7. NOTICES

10.1 Any notice which you wish to serve upon us must be in writing and marked for the attention of the Company Secretary, Rentokil Initial Pty Ltd, Unit A1, 3 to 29 Birnie Avenue Lidcombe NSW 2141.

8. GOVERNING LAW AND JURISDICTION

8.1 This Agreement is governed by and interpreted according to the laws of NSW and Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

Building Inspection Report - Scope & Limitation

A customer who places an order for a Building Inspection Report ("Report") acknowledges that the Report will be supplied subject to and upon the following terms and conditions:

1. The Report will be based upon an inspection of the Building Elements as outlined in Appendix C of AS4349.1 except for Strata title properties in which case the inspection will be carried out in accordance with Appendix B of AS4349.1.

2. The Report will be prepared in accordance with AS4349.1.

3. The Report will provide advice to a prospective purchaser regarding the condition of a property at the date and time of our inspection.

4. Subject to safe and reasonable access, the inspection will normally report on the condition of each of the following components of improvements (generally comprising a main building):

  • the interior
  • the roof void
  • the exterior
  • the subfloor
  • the roof exterior

5. The Report will highlight Major Defects and Safety Hazards which are visible at the time of the inspection.

6. The Report will also contain a general assessment of the property.  It will also include a comment on Minor Defects (these are usually covered by reasonable property maintenance).

7. If a Major Defect is identified in the Report, details will be supplied of the inspector's reasoning and the location of the Major Defect.

LIMITATIONS

8. The Report will be limited to accessible areas of the property to which Safe and Reasonable Access is available at the time of the inspection.

9. If any areas of the property are not inspected due to the unavailability of access or lack of safety, a possible future inspection will be undertaken if requested by the customer following the availability of reasonable access.

10. The Inspection WILL NOT involve any invasive inspection. This means that no structure will be cut or broken or furniture moved.

11. The Report will assume that since the construction of the dwelling upon the property, the improvements have been reasonably maintained.

12. The Report will exclude issues involving compliance with statutes or the requirements of local authorities such as councils. The customer must satisfy himself/herself as to all statutory compliance issues.

13. The Report will exclude any reference to timber pests. We strongly recommend that the customer orders a Timber Pest Inspection Report in accordance with AS 4349.3-1998. Any such Timber Pest Inspection Report should be read in conjunction with the Report.

14. If Timber Pest Damage is visible it will be noted in the Report. No other Timber Pest Damage will be reported.

15. The Report will not specifically target the presence upon the property of asbestos. If however the inspector observes the presence of asbestos, he will mention that fact. In the event that the Report notes the presence of asbestos, the customer must obtain from a qualified asbestos expert a further report including quotations as to the cost of removal together with appropriate procedures for same.

16. Mould (Mildew) and non-wood decay fungus will not be included in the Report. These will be covered by a Timber Pest Activity Report if ordered by the customer.

17. The Report will exclude reference to Magnesite Flooring. If the customer has any concern about the presence in the property of Magnesite Flooring, he should obtain advice from an independent structural engineer.

18. In the event that the Report contains an estimate of costs relating to recommended repairs, such estimate is provided solely for purposes of guidance. The customer acknowledges that the estimates are not quotations and if the customer requires accuracy for purposes of budgeting, he or she should obtain specific quotations from appropriate trade persons.

19. If at the date of inspection the property is occupied, the customer is advised to obtain from the owner a statement of the following historical events/matters:

i. any Timber Pest activity or damage;
ii. timber repairs or other repairs
iii. alterations, additions or problems known to the owner
iv. any work carried out to the property including Timber Pest treatments
v. particulars of any paperwork and certificates of insurance applicable to historical works such as repairs and council approvals.

20. The Report will not cover the items listed in Appendix D to AS4349.1.

21. If the Report relates to strata or similar title property, it will be limited to a visual inspection of the interior and of the immediate exterior of the particular Lot the subject of the request as detailed in Appendix B to AS4349.1. If the customer requires a more detailed inspection of such property, he/she is advised to order an inspection of common areas.

22. To the extent permitted by law, our liability for claims arising from the contents of a Report is limited to the cost of the Report.

23. Subject to any specific legislation to the contrary, a Report may not be sold or assigned to any third party unless we give our express written consent..

24. The customer indemnifies us and releases us from all claims and liability which we may incur in consequence of the unauthorised provision or sale to a third party of the Report.

25. In the event that following our inspection which is the basis of the Report, any alterations or repairs are carried out upon the property, the Report is no longer effective and may no longer be relied upon by the customer.

26. It is recommended that a suitably qualified person check the following items for an assessment of condition and serviceability:- hot/cold water services, drainage/sewerage lines, water/detention/septic tanks, electrical/mechanical appliances, kitchen appliances, air conditioning/heating appliances whether they be gas, oil, wood fired or electric, plumbing fixtures, solar equipment, swimming pool and filtration systems, spa pumps, electrical circuits, earth leakage circuit breakers, alarm systems, garage doors, ducted vacuum systems, fire protection or smoke detection devices. As per the Australian Standard, any comments which have been made on these items, are based on a visual inspection only and a specialist should still be consulted to test their operation.

27. Rooms Below Ground Level: Any rooms constructed below ground level (whether they be habitable or non-habitable), are susceptible to dampness and water penetration. Drainage is not always installed adequately or could become blocked. It is common to have damp related problems and/or water entry to these rooms, especially during periods of heavy rainfall and this may not be evident upon initial inspection. These rooms may also not have approval and you should make your own enquiries with all local authorities.

TERMS DEFINED:

Words and expressions used in our website and related documents have the following meaning:

Acceptance Criteria: The Building shall be compared with a building that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and serviceability.

Access hole (cover) means an opening in the structure to allow for safe entry to carry out an inspection.

Accessible area means an area of the site where sufficient safe and reasonable access is available to allow inspection within the scope of the inspection.

Building Element means a portion of a building that, by itself or in combination with other such parts, fulfils a characteristic function.

Client means the person(s) or other legal entity for which the inspection is to be carried out. If ordered by the person(s)’s agent then it is agreed that the agent represents the person(s) and has the authority to act for and on their behalf. (See also "You/Your" below)

Defect means a fault or deviation from the intended condition of the material, assembly or component. Inspector means the person or organisation responsible for carrying out the inspection. (See also "Our/Us/We" below.)

Limitation means any factor that prevents full achievement of the purpose of the inspection.

Major defect means a defect of sufficient magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.

Minor defect means a defect other than a Major defect.

Our / Us / We means Rentokil Initial Pty Limited and includes each of its subsidiaries involved in the preparation of the Report.

Person means any individual, company, partnership or association who is not a Client.

Property means the structures and boundaries etc up to thirty (30m) metres from the exterior walls of the main building but within the boundaries of the land on which the main building is erected.

Report means the document and any attachments issued to You by Us following Our inspection of the property.

Safe and Reasonable Access excludes the use of destructive or invasive inspection methods or moving furniture or stored goods.

The Standard defines the extent of safe and reasonable access as follows:

"The extent of accessible areas shall be determined by the inspector at the time of inspection, based on the conditions encountered at the time of the inspection. The inspector shall also determine whether sufficient space is available to allow safe access. The inspection shall include only accessible areas and areas that are within the inspector's line of sight and close enough to enable reasonable appraisal."

It also defines access to areas as defined in the Table below.


Access Table from AS 4349.1-2007

Access Hole - 400mm x 500mm
Crawl Space - 600mm x 600mm
Height - Accessible from a 3.6m ladder

Roof Exterior:
Height - Visible from a 3.6m ladder placed on the ground

Subfloor:
Access Hole - 400mm x 500mm
Crawl Space - 400mm below a timber bearer
- 500mm below a concrete floor


Table Notes:

1. Reasonable access does not include the cutting of access holes or the removal of screws and bolts or any other fastenings or sealants to access covers.

2. Sub floor areas sprayed with Chemicals should not be inspected unless it is safe to do so. Structural Inspection means the inspection shall comprise visual assessment of accessible areas of the property to identify major defects to the building structure and to form an opinion regarding the general condition of the structure of the property. The Report will not include those items noted in Clause A3 of AS 4349.1e.g. Condition of roof coverings, partition walls, cabinetry, doors, trims, fencing, minor structures, ceiling linings, windows, non-structural & serviceability damp issues, rising damp, condensation etc.

You / Your means the party identified at the commencement of this document agreement as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party.

CONSUMER COMPLAINTS PROCEDURE:

In the event of any controversy or claim arising out of, or relating to a report, either party must give written Notice of the dispute to the other party within 14 days of becoming aware of the issue. If the dispute is not resolved within ten (10) days from the service of the Notice then the dispute shall be referred to a mediator nominated by the inspector. Should the dispute not be resolved by mediation then either party may refer the dispute to the Institute of Arbitrators and Mediators of Australia for resolution by arbitration. A report should not be relied upon if alterations or repairs of any nature are carried out to the property after the time of the inspection.

Strata Inspection Report - Scope & Limitation

1. The Report excludes the following matters:

  • a. compliance by the managing agent or the Owners Corporation with any formal accounting requirements of the Strata Legislation and/or the legislation which governs the activities of strata managers;
  • b. information which may be contained in documents and records not presented to the inspector at the time of the inspection of the strata records; and
  • c. defects or limitations as to information actually recorded in the books and records of the Owners Corporation as presented to the inspector at the time of inspection.

Pest Inspection Report - Scope & Limitation

A customer who places an on-line order for a Visual Timber Pest Inspection Report ("Report") acknowledges that the Report will be supplied subject to and upon the following terms and conditions:

1. The Report will be based upon a visual inspection of the improvements upon the property in accordance with AS4349.3.

2. The Report will provide advice to a prospective purchaser regarding the condition of timbers upon a property at the date and time of our inspection.

3. Subject to safe and reasonable access, the inspection will normally report on the condition of each of the following components of improvements located upon a property:

  • the interior;
  • the roof void;
  • the exterior;
  • the subfloor; and
  • the roof exterior.

4. The Report will highlight visually significant defects to timbers upon a property at the time of the inspection.

5. If a significant timber pest problem is identified in the Report, details will be supplied of the inspectors reasoning and the location of the problem.

LIMITATIONS

6. The Report will be limited to accessible areas of the property to which Safe and Reasonable Access is available at the time of the inspection.

7. If any areas of the property are not inspected due to the unavailability of access or lack of safety, a possible future inspection will be undertaken if requested by the customer following the availability of reasonable access.

8. The Inspection WILL NOT involve any invasive inspection. This means that no structure will be cut or broken or furniture moved.

9. The Report will assume that since the construction of the dwelling upon the property, the improvements have been reasonably maintained.

10. The Report will exclude issues involving compliance with statutes or the requirements of local authorities such as councils. The customer must satisfy himself/herself as to all statutory compliance issues.

11. The Report will not specifically target the presence upon the property of asbestos. In the event that the Report notes the presence of asbestos, the customer must obtain from a qualified asbestos expert a further report including quotations for the cost of removal together with appropriate procedures for same.

12. The Report will be limited to accessible areas of the property to which Safe and Reasonable Access is available at the time of the inspection.

13. If any areas of the property are not inspected due to the unavailability of access or lack of safety, a possible future inspection will be undertaken if requested by the customer following the availability of reasonable access.

14. The Inspection WILL NOT involve any invasive inspection.  This means that no structure will be cut or broken or furniture moved.

15. The Report will assume that since the construction of the dwelling upon the property, the improvements have been reasonably maintained.

16. The Report will exclude issues involving compliance with statutes or the requirements of local authorities such as councils. The customer must satisfy himself/herself as to all statutory compliance issues.

17. If the Report relates to strata or similar title property, it will be limited to a visual inspection of the interior and of the immediate exterior of the particular Lot the subject of the request as detailed in Appendix B to AS4349.1.  If the customer requires a more detailed inspection of such property, he/she is advised to order an inspection of common areas.

18. To the extent permitted by law, our liability for claims arising from the contents of a Report is limited to the cost of the Report.

19. Subject to any specific legislation to the contrary, a Report may not be sold or assigned to any third party unless we give our express written consent..

20. The customer indemnifies us and releases us from all claims and liability which we may incur in consequence of the unauthorised provision or sale to a third party of the Report.

21. In the event that following our inspection which is the basis of the Report, any alterations or repairs are carried out upon the property, the Report is no longer effective and may no longer be relied upon by the customer.

22. We recommend that a separate Building Report is ordered in relation to defects in the buildings and other improvements which may be located upon the property.

23. Rooms Below Ground Level: Any rooms constructed below ground level (whether they be habitable or non-habitable), are susceptible to dampness and water penetration. Drainage is not always installed adequately or could become blocked. It is common to have damp related problems and/or water entry to these rooms, especially during periods of heavy rainfall and this may not be evident upon initial inspection. These rooms may also not have approval and you should make your own enquiries with all local authorities.

TERMS DEFINED:

Words and expressions used in our website and related documents have the following meaning:

Acceptance Criteria: The Building shall be compared with a building that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and serviceability.

Access hole (cover) means an opening in the structure to allow for safe entry to carry out an inspection.

Accessible area means an area of the site where sufficient safe and reasonable access is available to allow inspection within the scope of the inspection.

Building Element means a portion of a building that, by itself or in combination with other such parts, fulfils a characteristic function.

Client means the person(s) or other legal entity for which the inspection is to be carried out. If ordered by the person(s)’s agent then it is agreed that the agent represents the person(s) and has the authority to act for and on their behalf. (See also "You/Your" below)

Defect means a fault or deviation from the intended condition of the material, assembly or component. Inspector means the person or organisation responsible for carrying out the inspection. (See also "Our/Us/We" below.)

Limitation means any factor that prevents full achievement of the purpose of the inspection.

Major defect means a defect of sufficient magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.

Minor defect means a defect other than a Major defect.

Our / Us / We means Rentokil Initial Pty Limited and includes each of its subsidiaries involved in the preparation of the Report.

Person means any individual, company, partnership or association who is not a Client.

Property means the structures and boundaries etc up to thirty (30m) metres from the exterior walls of the main building but within the boundaries of the land on which the main building is erected.

Report means the document and any attachments issued to You by Us following Our inspection of the property.

Safe and Reasonable Access excludes the use of destructive or invasive inspection methods or moving furniture or stored goods.

The Standard defines the extent of safe and reasonable access as follows:

"The extent of accessible areas shall be determined by the inspector at the time of inspection, based on the conditions encountered at the time of the inspection. The inspector shall also determine whether sufficient space is available to allow safe access. The inspection shall include only accessible areas and areas that are within the inspector's line of sight and close enough to enable reasonable appraisal."

It also defines access to areas as defined in the Table below.

Access Table from AS 4349.1-2007


Access Hole - 400mm x 500mm
Crawl Space - 600mm x 600mm
Height - Accessible from a 3.6m ladder

Roof Exterior:
Height - Visible from a 3.6m ladder placed on the ground

Subfloor:
Access Hole - 400mm x 500mm
Crawl Space - 400mm below a timber bearer
- 500mm below a concrete floor


Table Notes:

1. Reasonable access does not include the cutting of access holes or the removal of screws and bolts or any other fastenings or sealants to access covers.

2. Sub floor areas sprayed with Chemicals should not be inspected unless it is safe to do so. Structural Inspection means the inspection shall comprise visual assessment of accessible areas of the property to identify major defects to the building structure and to form an opinion regarding the general condition of the structure of the property. The Report will not include those items noted in Clause A3 of AS 4349.1e.g. Condition of roof coverings, partition walls, cabinetry, doors, trims, fencing, minor structures, ceiling linings, windows, non-structural & serviceability damp issues, rising damp, condensation etc.

You / Your means the party identified at the commencement of this document agreement as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party.

CONSUMER COMPLAINTS PROCEDURE:

In the event of any controversy or claim arising out of, or relating to a report, either party must give written Notice of the dispute to the other party within 14 days of becoming aware of the issue. If the dispute is not resolved within ten (10) days from the service of the Notice then the dispute shall be referred to a mediator nominated by the inspector. Should the dispute not be resolved by mediation then either party may refer the dispute to the Institute of Arbitrators and Mediators of Australia for resolution by arbitration. A report should not be relied upon if alterations or repairs of any nature are carried out to the property after the time of the inspection.