Terms & Conditions
SMOKE ALARMS COMPLIANCE SUBSCRIPTION SERVICE
In entering In these terms and conditions of service, “we” and “us” means Smoke Alarms Australia Pty Limited and “You” means the managing agent named in the Agents Service Agreement (ASA).in to the ASA, you undertake that:
(a) you have obtained the consent of the owner of each Nominated Property for us to provide the Subscription Service to that Nominated Property;
(b) it is your obligation to pay us directly for the Subscription Services for each Nominated Property, and that you have made arrangements with the owner of each Nominated Property accordingly.
The Subscription Service commences on the date of the first inspection of the Nominated Property, and subject to clause 3 below, the Subscription Service shall be renewed annually on that date (Anniversary Date). For every subsequent These terms and conditions of service are repeated and apply to each Nominated Property in respect of which we provide the Subscription Service. We provide an annual subscription service for the installation, annual service inspections and ongoing maintenance of smoke alarms (Subscription Service) located in properties on your rent roll for which you request us to provide the Subscription Service (Nominated Property).
1. About the Serviceyear the Subscription Service is renewed, the inspection of the Nominated Property will take place on or after the Anniversary Date. In addition to compliance inspections, we may attend the Nominated Property to replace or service the alarm due to malfunction, battery replacement and/or change of tenancy (Service Call). These Service Calls are included in the Subscription Fee. Subject to your payment of the Subscription Fee for a Nominated Property being received by us in full as cleared funds, smoke alarms installed and/or serviced by us are certified as being compliant in accordance with: • Legislation regulating the inspection and maintenance of smoke alarms in the applicable state/territory; • Australian Standard 3786 – 1993 Smoke Alarms; and • Section 220.127.116.11 (houses) / Part E2, Spec 2.2a 3(c)(i) (units) of the Building Code of Australia.
2. Payment When you request us to provide the Subscription Services in respect of a Nominated Property, you agree to pay the fee stated at the time of the request (Subscription Fee). Subject to clause 4 below, all Subscription Fees are non-refundable. The Subscription Fee is payable within 30 days from the date on which we undertake the first inspection of the Nominated Property. We reserve the right to change the Subscription Fees at any time. We will provide you with 14 days notice of any change in the Subscription Fees. Any changes to the Fees for Service will take effect from the next Anniversary Date. Subject to clause 3 below, you may cancel a subscription in respect of a Nominated Property before the next Anniversary Date.
You may notify us of your intent to cancel a subscription for a Nominated Property at any time, Should you cancel a subscription for a nominated property, you are only able to cancel future Subscription Fees payable for the Services to be provided in respect of the Nominated Property. Email – firstname.lastname@example.org Phone - 1300 125 276 Web - www.smokealarmsaustralia.com.au You may cancel a subscription for a Nominated Property by giving 30 days notice at any time by contacting us on:
3. Cancellation however the cancellation will become effective at the end of your current Subscription Period. The Nominated Property will continue to be certified as compliant until the next Anniversary Date, at which time the cancellation of the Subscription Services will become effective. At this time, the Nominated Property will no longer be certified compliant by us.
4. Warranties We warrant that: (a) Our products shall be fit for their intended purpose and will be free from defects in materials, designs and workmanship; and (b) Our services will be provided in a competent and diligent manner and with reasonable care and skill. 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 Subscription Fee; or replacement of the product and re-delivery of the Subscription Service at the Nominated Property.
6. Limitation of Liability and Indemnity Managing Agent As the managing agent of a Nominated Property, and subject to clause 4 above and to the extent permitted by law, you will at all times indemnify, and keep us, and each of our related bodies corporate, including directors, officers, employees and agents indemnified from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms, including but not limited to a failure to pay the Subscription Fees in respect of a Nominated Property. Owners of Nominated Properties Subject to clauses 2 and 3, we will indemnify, and keep indemnified, the owner of a Nominated Property from and against any direct losses or liability incurred or suffered by the owner of a Nominated Property in connection with the provision of the Subscription Services. To the extent permitted by law, our liability to the owner of a Nominated Property is limited to the lesser of insurance proceeds actually paid in respect of any loss suffered by the owner of a Nominated Property, or the limit of our insurance.
7. Relationship The parties agree that nothing in these terms and conditions of service gives rise to the relationship of principal and agent, partnership, joint venture, employer and employee or any other form of business association between the parties. Neither party shall have the right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name.
8. Governing Law These terms are governed by the laws of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these terms is found to be invalid or unenforceable by a court, such invalidity or unenforceability will not affect the remainder of these terms, which shall continue in full force and effect.
9. Waiver Any failure by us to exercise or enforce any right or provision under these terms 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.