Introduction to Us and our Services

Thankyou for using Gas and Electrical Safety Checks Pty Ltd for your owned propertyor properties (“Property”).

Please read these terms (“Terms”) including the Schedule carefully as they apply to our provision to you of our safety and compliance services, including smoke alarm, gas and electrical safety and compliance services and, where applicable, other services that we provide from time to time at your Property(each a “Service”, collectively “Services”). Each Service is provided on specific terms and conditions relevant to that Service (“ServiceTerms”) as set out in the Schedule. To the extent of any inconsistency between these Terms and any Service Terms, these Terms prevail. By accepting any or part of our Services you acknowledge and agree to be bound by these Terms.

You acknowledge that these Terms may be modified by us from time to time, includingbut not limited to terms relating to fees and charges, cancellation andmodifying the Services your Enrolled Property receives.

Please also review our Privacy Policy to learn more about how we useinformation we procure in the provision of the Services, noting that you willbe taken to be bound by our Privacy Policy upon the entry into ofthese Terms, and you consent to the collection, use and disclosure of your‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth))being treated by us in accordance with that policy.

In these Terms (and where the context permits),the singular includes the plural and vice versa, and a reference to:

“Agent” means your duly appointed agentfor the management of your property at the Commencement Date.

“Australian Consumer Law” means the consumer legislation set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Commencement Date” means, for each Service, the date a Service begins for an Enrolled Property, as notified to you in writing from time to time.

“Gas and Electrical Safety Checks” means each of our Related Entities incorporated from time to time shall be referred to collectively as "Gas and Electrical Safety Checks", “we”, “us”, or “our”.

“Enrolled Property” means a property that is enrolled to receive a Service or Services from us.

“Excluded Property” means, in respect of a Service, a property that:

Is not a domestic residential dwelling;
Is not a property type ordinarily serviced by us, as determined by us from time to time and notified to you;
Is not enrolled in the Service by act or omission of your Agent or by you;
During the Term, begins to be managed by an agent other than the Agent; or
Has had the Service suspended or otherwise terminated by you, by your Agent or by us.

“Law” means any statute, regulations, instruments and by-laws and all other subordinate legislation or orders made by anyauthority with jurisdiction over the Services, including without limitation Australian Consumer Law.

“property” includes both a rental property and an owner-occupied property, and includes all synonyms for property, including butnot limited to flat, apartment, premises, residence etc.

“Related Entities” is given its meaning in the Corporations Act 2001 (Cth) and includes but is not necessarily limited to Gas andElectrical Safety Checks Pty Ltd ABN 66654158951

“Term” means the period from the Commencement Date until the Termination Date.

"Termination Date" means the date upon which the Services are terminated in accordance with these Terms.

"you" (or similar personal pronoun) is a reference to the property owner of the Enrolled Property.

The Services

Your property is an Enrolled Property and will receive the Services during the Term in return for payment of the Fees.

Fees and Payment

The fees payable by you will be based on the Services the Enrolled Property is enrolled in and will be notified to you by us or by your Agentat enrolment, together with these Terms.

You authorise your Agent to pay us on your behalf in respect of any Fees due.

Where your Property is enrolled in one or more individual Services, Fees will be payable within fourteen (14) days of the invoice datewithout set off or deduction.

Suspension and Termination

You may choose to terminate the Services in respect of the Enrolled Property at any time by providing us with written notice. Upontermination, the property will cease to be an Enrolled Property and will automatically become an Excluded Property.

Notwithstanding anything else in these Terms and to the maximum extent permitted by Law, we shall immediately suspend your Serviceswhere any of the following occurs:

An invoice in respect of one or more of your properties remains unpaid after the specified due date;

You or your Agent breach any of these Terms;

You or your Agent fail to provide us with all necessary information for us to effectively and efficiently supply the Services, and anyproducts or materials, including without limitation notifying us of any changes to the information already provided to us;

Your instructions, information, documentation, approvals, or authorisations have not been provided to us in accordance with theseTerms, either by you or the Agent;

You or your Agent or your tenant advise us that we may not enter the Property due to health concerns; and/or

You have not taken steps in accordance with our professional advice and recommendations to ensure that your plant andequipment tested and maintained by us pursuant to these Terms are compliant.

Should we suspend the Services pursuant to these Terms, we may terminate these Terms by written notice to you or your Agent.

Following Suspension or Termination

Not with standing anything else in these Terms and to the maximum extent permitted by Law, we shall immediately suspend your Services where any of the following occurs:

We shall be entitled to recover from you any Fees accrued with respect to the provision of the Services to you that remain unpaid as at the date of termination and such fees will become immediately payable;

We accept no risk regarding your compliance obligations at Law or the installation, repair or ongoing maintenance of the items of plant or equipment that we are required to ordinarily test and/or maintain as part of the Services (“Serviced Equipment”); and you immediately assume and accept all risks at Law associated with the Serviced Equipment and your compliance obligations at Law.

In the event that these Terms are terminated by your Agent because your property is no longer managed by your Agent, then you agree and undertake to indemnify your Agent for any fees payable to us.

Restrictions and Exclusions

The extent of our obligations with respect of the Services is to ensure they are:

Provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;

Fit for the purpose or give the results that you had agreed to; and be delivered within a reasonable time when there is no agreed end date, (collectively, “Statutory Warranties”).

We are liable to you for:

Any damage to your property which has been caused by the fault, negligence or fraud by us or our personnel during the conduct of the Services.

Death or personal injury caused by us or our personnel.

If you have contributed to any loss or damage you are claiming against us, our liability is reduced to the extent of your contribution. (collectively, “Our Agreed Liabilities”).

Subject to your rights under Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited byus, you acknowledge and agree as follows:

We do not give any warranty nor accept any liability in relation to the performance or non-performance of the Services outside of the Statutory Warranties or Our Agreed Liabilities, and if any warranty would be implied by law, custom or otherwise, that warranty is excluded to the fullest extent permitted by law.

We are only liable to you for those Services which you or your Agent have validly enrolled in pursuant to these Terms and wedisclaim all liability or responsibility for Services in which you or your Agent have failed or neglected to validly enrol.

We disclaim all liability for all indirect or consequential losses, loss of profits, loss of business, loss of revenue, loss of data or the poor performance or non-performance of our systems, loss of use or value of equipment, loss of anticipated earnings or savings, in connection with: (A) the provision of the Services; or (B) your use of or reliance upon any of the information provided by us to you in carrying out the Services that does not form part of these Terms.

We will provide the Services within a ‘reasonable time frame’, having regard to the uptake and demand for the provision of the Services. You acknowledge and agree that the provision of dates by which Services will be provided is done on a best endeavours basis and nothing in these Terms is to be treated as a guarantee by us that we will provide any Services by any fixed date or time.

To the maximum extent permitted by Law, we will not be liable or deemed to be in default for any:

Act or failure by us to act with respect to an Excluded Property, including the failure by us to provide Services with respect to such Excluded Property. On and from the date your property is deemed to be an Excluded Property, you agree to indemnify us for any claim, cost, action, liabilities, expense, loss or damage (including legal costs on a full indemnity basis) howsoever or where so ever arising that we may suffer or incur including (without limitation) for (a) the injury or death of any person; or (b) damage to real or personal property

Delay or failure in performance or interruption of the delivery of the Services that may result directly or indirectly from any cause or circumstance beyond our reasonable control. This may include (without limitation) events such as the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Limiting your Liability

You will not be liable to us for any indirect or consequential losses that we suffer as a result of a breach by you of these Terms.

Survival, Governing Law and Assignment

Those obligations under the subparagraph titled “Following Suspension or Termination”, the paragraph titled “Restrictions and Exclusions”, this paragraph and any other indemnities provided under these Terms survive the termination or expiry of these Terms.

The Terms and Service Terms are governed by the laws of the state and territory in which your property is located. If part of these Terms and/or Services Terms is not legally enforceable, that part will be cut from these Terms and/or Services Terms and all other parts of these Terms and/or Services Terms shall continue.

You may transfer or assign your rights under these Terms (where those rights are assignable). We may transfer or assign some or all of our rights and/or obligations under these Terms and Services Terms.

Contact us

Postal:

Ground Floor, 470 St Kilda Road, Melbourne, VIC 3004

Phone:

03 7067 8237

Email:

info@checkhero.com.au

Legal Advice

You agree that any information, advice or material we provide to you in the supply of Services by us is for guidance purposes only and does not constitute legal advice. You are responsible for obtaining your own legal advice with respect to any such information, including any obligations at Law that you may have with respect to the Serviced Equipment.

These Terms were last updated on 01/10/2021

Schedule: Service Terms

1:

Smoke Alarm Safety & Compliance Service

2:

Gas Safety & Compliance Service

3:

Electrical Safety & Compliance Service

Smoke Alarm Services & Compliance Services

Your obligations under the Law

This Schedule includes the Service Terms for the annual Smoke Alarm Safety & Compliance Service (“Scheduled Smoke Alarm Service”)and the Guarantee Services (collectively, “Smoke Alarm Services”).

The Service Fee for each Scheduled Smoke Alarm Service is $90 (plus GST).

Reference to “Smoke Alarm” means collectively, any or all of the following:

A smoke alarm or detector that is detachable, portable, battery powered smoke alarms (“Wireless Smoke Alarm”).

A smoke alarm or detector that is 240v mains powered and is hard wired to the mains (“Wired Smoke Alarm”).

A smoke alarm or detector that is linked to a security system or fire indication panel (“FIP Linked Smoke Alarm”).

Scheduled Smoke Alarm Service

For each Property that is enrolled in the Smoke Alarm Services (and is not an Excluded Property), we will (subject to fulfilment of your obligations under the Terms) ensure that a Scheduled Smoke Alarm Service is carried out at least annually, which shall include (but is not necessarily limited to):

Conducting an annual maintenance check on each Smoke Alarm, which includes cleaning, running smoke and button testsand checking status relative to each Smoke Alarm’s expiry period.

Conducting an annual Smoke Alarm battery check for all Smoke Alarms at a Property.

Assessing positioning and functionality of each Smoke Alarm as against requirements at Law and identification of anyinstalled Smoke Alarm that is excess to such requirements (‘Excess Smoke Alarm').

Replacing or rectifying non-compliant, faulty or expired Smoke Alarms (expressly excluding Excess Smoke Alarms and FIP Linked Smoke Alarms). In some circumstances, replacing a Wired Smoke Alarm may require a qualified electrician to attend the property. Where this is required, a qualified electrician will be booked to attend to install a replacement at no additional cost to you. Where the Wired Smoke Alarm is non-compliant or faulty, a temporary Wireless Smoke Alarm will be installed close to the position of the faulty Wired Smoke Alarm pending the electrician attendance

Creating a report in respect of each Smoke Alarm Service and maintaining a photo database with time/date/location stampsof all Smoke Alarms (in accordance with our Privacy Policy). In the event of an incident at a property, digital records areavailable as an audit trail of the Smoke Alarm Services provided.

Guarantee Services

For each Property that has received the Annual Service (and is not an Excluded Property), call out and rectification costs for all Smoke Alarms (excluding Excess Smoke Alarms and FIP Linked Smoke Alarms) (“Guarantee Services”) will be provided at no charge to the Owner for 12 months following each Scheduled Smoke Alarm Service (“Service Guarantee”) provided by us. For the sake of clarity, if a Property is or becomes an Excluded Property in respect of the Smoke Alarm Services for any reason, the Service Guarantee is void from that date.

Relocating & Replacing Smoke Alarms

To be compliant with the Law, there are requirements in relation to the positioning of Smoke Alarms in your property. Please note when a Smoke Alarm is relocated or replaced, there may be residual damage either from the original installation or resulting from the relocation or replacement of the Smoke Alarm. Our technicians are not professional painters/plasterers but will make reasonable efforts to avoid causing further damage. Damage that may have been caused by the original installation or from the relocation or replacement can vary due to the type of original Smoke Alarm installed, the size of the cable hole and existing paint coverage and there may be discolouration from the original Smoke Alarm location or from plastering. Where you require repair, a quote for a professional plasterer/painter can be provided upon request. Any such work would be at your own additional cost.

Gas Safety & Compliance Service

This Schedule includes the Service Terms for the biennial (every 2 years) Gas Safety & Compliance Service (“Scheduled Gas Service”) andthe Guarantee Services (collectively, “Gas Services”).

The Service Fee for each Scheduled Gas Service is $330 (inc GST).

Reference to Gas Appliance means a gas appliance supplied by you at your Property (and expressly excludes any appliance supplied by a tenant residing at your property), and includes (but may not be limited to):

Cooktop	Hot Water Continuous flow(External)	Space Heater Room Sealed
Ducted Heating Cupboard	Hot Water Continuous flow (Internal)	Wall Furnace
Ducted Heating External	Hot Water Storage Tank (External)	Wall furnace power flue
Ducted Heating Roof	Hot Water Storage Tank (Internal)	Hydronic Heating
Free Standing Oven	Room sealed instantaneous hot water	Hydronic Heating
Gas Log Fire	Solar Hot Water	Pool heating
Gas Potbelly	Space Heater	Main pressure BBQ

Scheduled Gas Service

For each Property that is enrolled in the Gas Services (and is not an Excluded Property), we will (subject to fulfilment of your obligation sunder the Terms) ensure that a Scheduled Gas Service is carried out at least once every two years, which shall include (but is not necessarily limited to).

A gas safety & compliance check in respect of all gas installations, Gas Appliances and all gas fittings at least every 2 years delivered by or under the supervision of a registered ‘Type A servicing’ gas fitter. This includes a full service, maintenance check and where applicable a safety and spillage check with a carbon monoxide analyser and negative pressure test.

A digital Gas Safety & Compliance Report issued after each Scheduled Gas Service is completed.

Pressure retention test of the main gas line into the Property (test of gas tightness).

Guarantee Services

For each Property that has received the Scheduled Gas Service (and is not an Excluded Property), call outs for all Gas Appliance breakdowns including pilot light relights and thermocouple replacements (“Guarantee Services”) will be provided at no charge to the Owner for 12 months following the Scheduled Gas Service (“Service Guarantee”), expressly excluding recurring faults in a Gas Appliance if recommended rectification of the fault is declined by the Owner.

For the sake of clarity, if a Property is or becomes an Excluded Property in respect of the Gas Services for any reason, the Service Guarantee is void from that date

Electrical Safety & Compliance Service

This Schedule includes the Service Terms for the biennial (every 2 years) Electrical Safety & Compliance Service (“Scheduled Electrical Service”) and the Guarantee Services (collectively, “Electrical Services”).

The Service Fee for each Scheduled Electrical Service is $275 (inc GST).

Reference to Electrical Appliance means an electrical appliance supplied by you at the property and expressly excludes solar installationsand any appliance supplied by a tenant residing at your property, and includes (but may not be limited to).

Electric Oven	Electric Heaters
Electric Hot Plates	Electric Air-Conditioners
Electric Hot Water Units	Refrigerators
Electric Range Hoods

Scheduled Electrical Service

For each Property that is enrolled in the Electrical Services (and is not an Excluded Property), we will (subject to fulfilment of your obligations under the Terms) ensure that a Scheduled Electrical Service is carried out at least once every two years, which shall include(but is not necessarily limited to).

An electrical safety & compliance check in respect of all electrical installations, electrical fittings and all electrical appliances(unless excluded below) at least every 2 years delivered by or under the supervision of a qualified electrician.

A digital Electrical Safety & Compliance Report issued after each Electrical Safety & Compliance Service is completed.

A thorough switchboard inspection including a condition and safety check, insulation resistance test and RCD/safety switch test.

All accessible power points checked including earth loop and polarity tests.

Safety check of the Electrical Appliances at the Property including assessing damage to plugs, leads and casings.

Electrical installations, fittings and Appliances must be accessible in order to be included in the Scheduled Electrical Service. Accessible in these Service Terms means that the installations, fitting or Electrical Appliance is not under the house, in the roof, on the roof or obscured by items that cannot be moved due to weight, risk of damage to floor or surfaces, hard wired (eg ovens) or above a certain height. Where the installation, fitting or appliance is inaccessible, the Scheduled Electrical Service will not be provided in respect of that installation, fitting or appliance

Guarantee Services

For each Property that has received the Scheduled Electrical Service (and is not an Excluded Property), we will provide, at no charge to the Owner for 12 months following the Scheduled Electrical Service.

(“Service Guarantee”), the Guarantee Services, being.

Callouts for electrical safety issues relating to an Electrical Appliance checked as part of the Scheduled Electrical Service, including switchboard, power point or switch faults (but excluding general faults in Electrical Appliances, lighting and in all inaccessible electrical fittings or fixtures).

Replacement of faulty or damaged safety switches, standard light switches, standard power points, fuses and circuitbreakers (but excluding globe replacement).

For the sake of clarity, if a Property is or becomes an Excluded Property in respect of the Electrical Services for any reason, the Service Guarantee is void from that date.

Introduction to Us and our Services

In these Terms (and where the context permits),the singular includes the plural and vice versa, and a reference to:

“Agent” means your duly appointed agentfor the management of your property at the Commencement Date.

“Australian Consumer Law” means the consumer legislation set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Commencement Date” means, for each Service, the date a Service begins for an Enrolled Property, as notified to you in writing from time to time.

“Gas and Electrical Safety Checks” means each of our Related Entities incorporated from time to time shall be referred to collectively as "Gas and Electrical Safety Checks", “we”, “us”, or “our”.

“Enrolled Property” means a property that is enrolled to receive a Service or Services from us.

“Excluded Property” means, in respect of a Service, a property that:

Is not a domestic residential dwelling;

Is not a property type ordinarily serviced by us, as determined by us from time to time and notified to you;

Is not enrolled in the Service by act or omission of your Agent or by you;

During the Term, begins to be managed by an agent other than the Agent; or

Has had the Service suspended or otherwise terminated by you, by your Agent or by us.

“Law” means any statute, regulations, instruments and by-laws and all other subordinate legislation or orders made by anyauthority with jurisdiction over the Services, including without limitation Australian Consumer Law.

“property” includes both a rental property and an owner-occupied property, and includes all synonyms for property, including butnot limited to flat, apartment, premises, residence etc.

“Related Entities” is given its meaning in the Corporations Act 2001 (Cth) and includes but is not necessarily limited to Gas andElectrical Safety Checks Pty Ltd ABN 66654158951

“Term” means the period from the Commencement Date until the Termination Date.

"Termination Date" means the date upon which the Services are terminated in accordance with these Terms.

"you" (or similar personal pronoun) is a reference to the property owner of the Enrolled Property.

The Services

Fees and Payment

Suspension and Termination

An invoice in respect of one or more of your properties remains unpaid after the specified due date;

You or your Agent breach any of these Terms;

You or your Agent fail to provide us with all necessary information for us to effectively and efficiently supply the Services, and anyproducts or materials, including without limitation notifying us of any changes to the information already provided to us;

Your instructions, information, documentation, approvals, or authorisations have not been provided to us in accordance with theseTerms, either by you or the Agent;

You or your Agent or your tenant advise us that we may not enter the Property due to health concerns; and/or

You have not taken steps in accordance with our professional advice and recommendations to ensure that your plant andequipment tested and maintained by us pursuant to these Terms are compliant.

Following Suspension or Termination

We shall be entitled to recover from you any Fees accrued with respect to the provision of the Services to you that remain unpaid as at the date of termination and such fees will become immediately payable;

Restrictions and Exclusions

Provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;

Fit for the purpose or give the results that you had agreed to; and be delivered within a reasonable time when there is no agreed end date, (collectively, “Statutory Warranties”).

We are liable to you for:

Any damage to your property which has been caused by the fault, negligence or fraud by us or our personnel during the conduct of the Services.

Death or personal injury caused by us or our personnel.

We are only liable to you for those Services which you or your Agent have validly enrolled in pursuant to these Terms and wedisclaim all liability or responsibility for Services in which you or your Agent have failed or neglected to validly enrol.

Limiting your Liability

Survival, Governing Law and Assignment

Contact us

Postal:

Phone:

Email:

Legal Advice

Schedule: Service Terms

1:

2:

3:

Smoke Alarm Services & Compliance Services

Your obligations under the Law

A smoke alarm or detector that is detachable, portable, battery powered smoke alarms (“Wireless Smoke Alarm”).

A smoke alarm or detector that is 240v mains powered and is hard wired to the mains (“Wired Smoke Alarm”).

A smoke alarm or detector that is linked to a security system or fire indication panel (“FIP Linked Smoke Alarm”).

Scheduled Smoke Alarm Service

Conducting an annual maintenance check on each Smoke Alarm, which includes cleaning, running smoke and button testsand checking status relative to each Smoke Alarm’s expiry period.

Conducting an annual Smoke Alarm battery check for all Smoke Alarms at a Property.

Assessing positioning and functionality of each Smoke Alarm as against requirements at Law and identification of anyinstalled Smoke Alarm that is excess to such requirements (‘Excess Smoke Alarm').

Guarantee Services

Relocating & Replacing Smoke Alarms

Gas Safety & Compliance Service

Cooktop

Hot Water Continuous flow(External)

Space Heater Room Sealed

Ducted Heating Cupboard

Hot Water Continuous flow (Internal)

Wall Furnace

Ducted Heating External

Hot Water Storage Tank (External)

Wall furnace power flue

Ducted Heating Roof

Hot Water Storage Tank (Internal)

Hydronic Heating

Free Standing Oven

Room sealed instantaneous hot water

Hydronic Heating

Gas Log Fire

Solar Hot Water

Pool heating

Gas Potbelly

Space Heater