Melbourne Safety Checks - General Terms & Conditions

Melbourne Safety Checks Pty Ltd ABN 56 672 582 740

SECTION 1 – TERMS AND CONDITIONS

 

Application of Terms and Conditions
These Terms and Conditions, along with the relevant Service Schedules, apply to all services provided by Melbourne Safety Checks Pty Ltd ABN 56 672 582 740

 

1.    Price and Payment

  • The price for services will be as indicated on invoices or as quoted by Melbourne Safety Checks.

  • Payment is due within 30 days of the invoice date.

  • Unpaid invoices may result in suspension or termination of services.

  • Anyone undergoing their first services through Melbourne Safety Checks with a property being introduced to the rental market, ‘New business’ is subject to a payment due within 7 days

  • Payment for rectifications/installations or any further works outside of the standard safety checks are subject to be paid within 48 hours of completion of the works or specifically indicated date within the supplied invoice

  • Pre-authorised repair cost limits may be transferred across all services. $200 for each service, $600 pre-authorised repairs per property.

 

2.    Suspension and Termination

  • You can terminate or suspend services with 21 days' written notice.

  • Melbourne Safety Checks may terminate or suspend services immediately for various reasons outlined in the agreement.

 

3.    Customer Warranties

  • You warrant that all information provided is correct and not misleading.

  • You indemnify Melbourne Safety Checks for any costs or damages resulting from breach of warranties.

 

4.    Completion of services

  • Any completion dates provided are estimates only.

5.    Liability

  • Melbourne Safety Checks is liable for damages caused by negligence subject to context.

  • Melbourne Safety Checks is not liable for certain delays or indirect losses.

6.    Insolvency

  • Melbourne Safety Checks may suspend services if you become insolvent.

 

7.    Sub-contractors

  • Melbourne Safety Checks may use sub-contractors and you agree to their terms.

 

8.    Force Majeure

  • Melbourne Safety Checks is not liable for events beyond its control.

 

9.     Dispute resolution

  • Parties must attempt mediation before litigation.

 

10.  Competition and Consumer Act

  • Melbourne Safety Checks’ liability is limited as per the Competition and Consumer Act.

 

11.  Privacy Act

  • Melbourne Safety Checks will comply with privacy laws under the Privacy Act.

 

12.  Partnership agreement

  • Entering in these terms and conditions you accept that partnerships warrant approval of all partners.

 

13. Variation to terms

  • Melbourne Safety Checks can vary the terms with notice. Any proposal to make variations by you or an agency may be refused without providing internal reasons.

 

14.  Continued Liability

  • Termination does not release you from accrued liabilities.

15. Severance

  • Illegal provisions will be severed, and the rest of the agreement remains valid.

16.  Assignment

  • Melbourne Safety Checks may transfer rights or obligations.

 

17.  Notices

  • Notices must be in writing and sent to the last known address.

 

18.  GST

  • You must pay GST on services provided.

 

19.  General

  • These terms are subject to Victorian and Australian law.

 

20.  Definitions

As listed in these terms and conditions:

Agent

Means your appointed agent who has selected Melbourne Safety Checks as the Service Provider on your behalf

Competition and Consumer Act

Means the Competition and Consumer Act 2010

GST

Means as found in the Goods and Services Tax Act 1999

Privacy Act

Means the Privacy Act 1988

 

Smoke Alarm Servicing (Section 2)

Application
This Section 2, along with Section 1 (Terms and Conditions), applies when you or your Agent instructs Melbourne Safety Checks to provide Smoke Alarm safety services at the Property.

Smoke Alarm Servicing

  • Melbourne Safety Checks will conduct the service annually at the property until terminated in writing by either party, subject to your or your Agent's obligations under the General Terms and Conditions.

  • The Service may include, but is not limited to:

    • Making record of photos of all Smoke Alarms.

    • Conducting maintenance checks on each Smoke Alarm, including cleaning and tests.

    • Replacing batteries in each Smoke Alarm.

    • Assessing position and function of each Smoke Alarm.

    • Replacing or rectifying faulty any expired Smoke Alarms.

Call out fee

  • Melbourne Safety Checks will only charge a call out fee for returning to a previously serviced smoke alarm within 12 months if it is deemed an issue not caused by the service provider. This may only be able to be communicated and determined post re-attendance.

 

Relocation and replacement

  • Melbourne Safety Checks may remove and relocate Smoke Alarms if necessary, with acknowledgment that this may cause damage to the Property.

  • Melbourne Safety Checks will use best efforts to avoid unreasonable damage, but you agree not to hold them liable for any resulting repair costs.

Gas safety check – Servicing (Section 3)

Application
This Section 3, along with Section 1 (Terms and Conditions), applies when you or your Agent instructs Melbourne Safety Checks to provide Gas Safety Check services at the property.

Gas safety check

Melbourne Safety Checks will conduct the service at least once every two years at the property, subject to your or your Agent's fulfillment of obligations under the General Terms and Conditions. The service may include, but is not limited to:

 

    • Pressure retention test of the main gas line.

    • Gas and carbon monoxide check for all applicable Gas Appliances.

    • Service, maintenance check, and safety spillage check for applicable Gas Appliances.

 

Upon agreeing to these terms, you are acknowledging Melbourne Safety Checks at the determining body that may decommission unsafe or non-compliant Gas Appliances or gas fitting lines until they are replaced or remedial work is completed. It is by Melbourne Safety Checks definition upon attendance as to what warrants the term unsafe.

Additional fees and works

  • The Residential Renter Provider Authority and plumbing VBA Compliance Certificate are separate documents. Although not required upon completion of a standard Gas safety check, it is a requirement in some instances to supply a Victorian Builders Association (VBA) certificate of compliance, this is not included in the servicing fees and is an additional fee.

  • Additional works, required for compliance or safety, may be necessary and will incur additional fees.

Call out fee

  • Melbourne Safety Checks will only charge a call out fee for returning to a previously serviced property within 12 months if it is deemed an issue not caused by the service provider. This may only be able to be communicated and determined post re-attendance.

  • A call out fee may be charged for recurring faults, faulty components, or non-compliance with recommended rectification.

Definitions

Gas appliance

As defined in AS/NZS 5601

 

Electrical safety Check – Servicing (Section 4)

Application

This Section 4, along with Section 1 (Terms and Conditions), applies when you or your Agent instructs Melbourne Safety Checks to provide Electrical Safety Check services at the property.

Electrical safety check

If Melbourne Safety Checks is engaged by you or your agent for this service, they will ensure it is done every two years by a qualified electrician until either party terminates it in writing. This service may include:

  • Checking all electrical installations, fittings, and appliances

  • Providing a Certificate of Periodic Verification after each check

  • Visual inspection and testing according to the AS/NZS 3019 2007 regulations.

Accessibility

·         You agree to make all electrical installations, fittings, and appliances easily accessible for Melbourne Safety Checks to perform the service. They won’t service any appliance that is not owned by you, located in inaccessible places, or obstructed.

Limitations to service

·         Melbourne Safety Checks will only test visible and accessible power points, not remove light diffusers, and not open installations or fittings during inspections. They won’t perform repairs or replacements on any Electrical Appliance.

Call out fee

  • Melbourne Safety Checks will only charge a call out fee for returning to a previously serviced property within 12 months if it is deemed an issue not caused by the service provider. This may only be able to be communicated and determined post re-attendance.

  • A call out fee may be charged for recurring faults, faulty components, or non-compliance with recommended rectification.

Definitions

Certificate of Periodic Verification

A document as defined in AS/NZS 3019 2007 regulations.

Electrical Appliances

Appliances supplied by you, excluding solar installations and tenant-supplied appliances.

Electrical Safety Check

A check as defined in the AS/NZS 3019 2007 regulations.