Smoke Alarm Solutions Pty Ltd - Terms and Conditions

Thank you for choosing Smoke Alarm Solutions Pty Ltd ABN 97 604 793 688 (SAS) for your owned property or properties (Property).

In these terms and conditions a reference to:

(a)  "SAS’ or “us” (or similar personal pronoun) is a reference to SAS; and

(b)  "you" (or similar personal pronoun) is a reference to the owner of the Property and, where different to the owner of the Property, the party who has engaged our Services under this document (whether personally or as an agent for another person) (jointly and severally) and includes that party’s personal representative and agent.

Important

SAS currently offers the following services:

(Services).

Please read these terms and conditions (Terms) carefully as they apply to the provision of our Services at your Property.

If you are an agent or property manager representing the owner of the Property and you have engaged us on their behalf, then you are bound by these Terms.

1. DEFINITIONS


1.1 In these Terms the following words have the following meanings:

2022 Qld Legislation means the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 (Qld) and Building Fire Safety (Domestic Smoke Alarms) Legislation Amendment Regulation 2016 (Qld) (as amended or replaced from time to time).

Additional Terms has the meaning given to it in clause 2.2 of these Terms.

Agent means the Property owner’s duly appointed agent for the management of their Property as at the date the Services are commenced.

Agreement means these Terms, Property Enrolment Form or Work Order and any Additional Terms and the Schedule of Smoke Alarm Solutions – Packages and Pricing.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time).

Bedroom means a habitable room that:
(a)    is enclosed by a door;
(b)    has a window or skylight;
(c)    has walls that meet the ceiling; and
(d)   has a built-in wardrobe, where the property has built-in wardrobes,
but excludes a garage.

Building Compliance Certificate means:
(a)    a certificate confirming that improvements and other building works on a Property comply with building plans and approvals granted by local, state and federal governments under various planning, building and construction Laws; and
(b)    any other type of certificate that relates to construction and renovation safety (including automated fire suppression systems) issued by building certifiers, or other safety officials, pursuant to Law.

Claim means any claim, cause of action, Liability, demand, action, remedy, suit, injury, indemnity, damage, proceeding, litigation, investigation or judgment whether based in contract, tort, statute or otherwise whether present, unascertained, immediate, future or contingent.

Consequential Loss means lost business opportunities, including opportunities to enter into arrangements with third parties, loss of profits, loss of bargain, loss of reputation, loss of actual or anticipated savings and other indirect loss at a step removed from the performance or non-performance of the Services.

Electronic Communication means facsimile, electronic mail, short message services and other electronic messaging services.

Eligible Property means a Property that is:
(a)    not an Excluded Property;
(b)    situated in Queensland, Victoria or South Australia, or in New South Wales within a twenty-five (25) km radius of the Queensland border; and
(c)    in respect of Smoke Alarm Services – a domestic residential dwelling of a Class 1a or Class 2 (sole occupancy) building under the Building Code of Australia (as amended or superseded from time to time); or
(d)    in respect of all Services - of a property type ordinarily serviced by us, as determined by us from time to time and notified to you.

Enrolled Property means a Property that is enrolled to receive a Service or Services from us pursuant to clause 3.5 of these Terms.

Excessive Alarm Faults means faults with Smoke Alarms or a Smoke Alarm System installed by a Third Party provider that results in call outs from SAS in excess of two (2) call outs in a twelve (12) month period.

Excluded Alarms means a Smoke Alarm or Smoke Alarm System that:
(a)    has the meaning given under clause 8.8(b)(i) of these Terms;
(b)    has been installed by a Third Party after the date of the annual inspection undertaken by SAS pursuant to a Package.

Excluded Property means a Property that:
(c)    is not, or is no longer, an Enrolled Property;
(d)    our technician reasonably considers is not an Eligible Property;
(e)    begins to be managed by an agent other than the Agent; or
(f)    has had the Service suspended or otherwise terminated by you, by the Agent or by us.

Future Compliance Laws has the meaning given to it in clause 8.3(d) of these Terms.

Law includes any law, whether statute or common law (including the laws of negligence and nuisance and principles of equity), ordinance, regulation, by-law, order or other determination of any government authority or statutory authority and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them.

Liability means any liability or obligation (whether actual, contingent or prospective), including for any Loss irrespective of when the acts, events or things giving rise to the liability occurred.

Loss means any loss, damage, injury, death, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense) however it arises and whether it is present or future, fixed or unascertained, actual or contingent.

Low Voltage System includes low voltage smoke alarms, low voltage smoke alarm system and low voltage smoke detection device.

New Lease means with respect to an Enrolled Property, any new lease on new terms entered into with a new tenant or the renewal or extension of an existing lease.

Non-upgraded Property means an Enrolled Property that is not an Upgraded Property.
Package has the meaning given to it in clause 5.1(a) of these Terms.

Platinum Subscription is the Package described as such in the Schedule of Smoke Alarm Solutions – Packages and Pricing.

Property means real property and includes both a rental property and an owner-occupied property and includes all synonyms for real property.

Site Condition means any patent or latent condition or defect of or in and around the Enrolled Property or any improvements to the Enrolled Property that may be material to or compromise the safe and effective delivery of the Services or installation, use, suitability or effectiveness of any goods or equipment (including but not limited to Smoke Alarms) at the Enrolled Property (including but not limited to environmental factors or conditions or the unavailability or inadequacy of electricity or infrastructure at the Enrolled Property).

Smoke Alarm means smoke alarms in or to be installed in an Enrolled Property but excludes Excluded Alarms.

Smoke Alarm Compliance Services means the Smoke Alarm safety and compliance services offered in an annual Package as detailed in the Schedule of Smoke Alarm Solutions – Packages and Pricing.

Smoke Alarm Compliance Report means our opinion as to whether or not the Smoke Alarms and Smoke Alarm installations in the Enrolled Property are compliant with Smoke Alarm Laws.

Smoke Alarm Laws means, in respect of Enrolled Properties in:
(a)    Queensland - Queensland Fire and Emergency Services Act 1990 (Qld); Building Fire Safety Regulation 2008 (Qld) and the Electrical Safety Act 2002 (Qld), and the 2022 Qld Legislation;
(b)    South Australia - Development Act 1993 (SA); Residential Tenancies Act 2010 (SA) and the Electricity Act 1996 (SA); and                                                            (c)    Victoria - Victoria Building Act 1993 (Vic); Residential Tenancies Amendment Act 2018 (Vic); and the Electricity Safety Act 1998 (Vic).

Smoke Alarm System means all Smoke Alarms, Smoke Alarm installations and component parts.

Third Party means any person or corporate entity which is not either SAS, you or your Agent.

Work Order means an order for Additional Services or specific work submitted through the Solutions Portal or by email.

Ultimate Subscription is the Package described as such in the Schedule of Smoke Alarm Solutions – Packages and Pricing.

Upgrade means the upgrading or replacement of all or part of a Smoke Alarm System (including any ancillary works) as is necessary to transition a Non-upgraded Property to an Upgraded Property.

Upgraded Property means an Enrolled Property that has had its smoke alarms upgraded in accordance with the requirements of the 2022 Qld Legislation.

2. AGREEMENT


2.1 The Agreement is between:
       (a)    SAS; and
       (b)    you.

2.2 The Services we offer are diverse both in type and where the Services are offered, so sometimes additional terms or specific requirements (including age or geographic requirements) may apply. If there are terms applicable to the relevant Services in addition to these Terms (Additional Terms), the Additional Terms will be provided to you before we provide the Services.

2.3 If you do not accept the Additional Terms, you must notify us of this within twenty-four (24) hours after receipt of the Additional Terms. If you do not notify us that you do not accept the Additional Terms within this timeframe, you are deemed to have accepted the Additional Terms and accept that you are bound by those Additional Terms and these Terms and that both these Terms and the Additional Terms form part of this Agreement.

2.4 If there is any inconsistency between these Terms and the Additional Terms, the Additional Terms prevail to the extent of the inconsistency.

3. ELIGIBLE AND ENROLLED PROPERTIES


3.1 Our Services are offered for Eligible Properties.

3.2 While our trained technicians will use all reasonable efforts to estimate the build date or renovation date of the Property and the Property’s building classification, we make no warranty that the Property is an Eligible Property. Without limiting this clause, you acknowledge and accept that:
       (a)    SAS (including its technicians, employees, contractors and agents) are not building surveyors or certifiers and do not know the relevant date that the Property was built or renovated or the Property’s building classification; and
       (b)    it is your responsibility to notify us of the date when the Property was built or substantially renovated, its building classification if relevant (see below Smoke Alarm Compliance Report) and whether the Property is or is not (or may not be) an Eligible Property.

3.3 Your submission of a Property Enrolment Form or Work Order is an offer by you to engage us to provide the applicable Services in accordance with these Terms (Offer) and is subject to acceptance by us. We may accept or reject your Offer at our discretion.

3.4 If we do not accept your Property Enrolment Form or our first attendance report indicates that we will not provide Services to your Property for any reason (including but not limited to if our technician considers that the Property is not an Eligible Property):
      (a)   if applicable, you remain liable for, and must pay us on demand, for a call out fee as detailed in our Schedule of Smoke Alarm Solutions – Packages and Pricing;
     (b)    we will not issue a Smoke Alarm Compliance Report for that Property;
     (c) your Offer lapses and we are under no obligation to, and you release us from any obligation to, provide the Services.

3.5 On acceptance of your Offer by SAS:
      (a)    the Property becomes an Enrolled Property, subject to this Agreement;
      (b)    you acknowledge that you and SAS have entered into a binding agreement;
      (c)    you may not cancel or vary the Services or this Agreement, except as permitted by Law or in accordance with the terms of this Agreement.

3.6 Except for the Services provided automatically under a Package, we will only provide Services in accordance with a Work Order sent by you (or your Agent) and accepted by us. Our Work Order forms may contain additional terms or requirements, which shall apply as though incorporated in this Agreement as Additional Terms.

4. INFORMATION TO BE PROVIDED BY YOU


4.1 You must (at your cost) do all acts and provide all information, documents and other material reasonably necessary to enable SAS to provide the Services in accordance with this Agreement. You must, as soon as reasonably practicable after becoming aware, notify us of any changes to any documents, information or material already provided to us.

4.2 By submitting a Property Enrolment Form or otherwise engaging us to provide the Services, you warrant that:
      (a)   the Property is an Eligible Property;
      (b)   all documents, materials and other information in your possession, knowledge or control and that is reasonably necessary to enable SAS to provide the Services has been provided to SAS;
      (c)   all documents and information provided to SAS is accurate and not misleading in any way (including by omission);
      (d)   you are the registered owner of the Property or are lawfully authorised by the registered owner of the Property to engage us to provide the Services at the Property; and
      (e)   if you are an agent or property manager representing the owner of the Property and you have engaged us on their behalf, you warrant that you have provided a copy of this Agreement to the owner of the Property and they have agreed to the terms of this Agreement.

4.3 You acknowledge that we rely on the information, documents and other material provided by you or on your behalf (including by your Agent) to undertake the Services and we are under no obligation to verify the accuracy of the information, documents or other material.

4.4 You release us from all Claims or Liability where we are prevented from or delayed in performing the Services as a direct or indirect result of any failure by you or your Agent to provide complete and accurate information, documents or material in accordance with this clause.

4.5 You must pay us, on demand as a liquidated debt, any additional fees, charges or expenses incurred by us in connection with any delay or inability to provide the Services due to your (or your Agent’s failure) to provide complete and accurate information in accordance with this clause (for example, additional call out fees for any re-attendance to an Enrolled Property).

4.6 You indemnify, and will keep us indemnified, against any and all Claims suffered or incurred by us arising out of or in connection with:
      (a)   a breach of any of the warranties contained in clause 4.2 above;
      (b)   you or your Agent providing us with inaccurate or misleading information (including but not limited to tenant or managing agent’s details (including contact details);
      (c)   any Site Condition that was not disclosed to us before we undertake any of the Services.

4.7 You accept all responsibility for any Site Condition of the Enrolled Property and release SAS from all Claims or Liability if the Services, or any equipment or goods installed by us in connection with the Services, are compromised as a result of or in connection with a Site Condition.

4.8 You must provide your Agent's contact details to us in writing by filling in the details of your agent on your Property Enrolment Form. You hereby authorise the Agent whose contact details you fill in on your Property Enrolment Form to provide instructions and to take all actions necessary to enable us to undertake the Services for your account.

5. PACKAGES AND SERVICES


5.1 Overview
      (a)    Our Services are provided on an annual subscription basis for Services that are packaged together (Package) and on a pay-per-service basis for Services that are provided separately from or in addition to the Services under a Package (Additional Services).
      (b)    Details of the Packages, Additional Services and their pricing can be found at Schedule of Smoke Alarm Solutions – Packages and Pricing, which is updated from time to time.
      (c)    All prices are quoted inclusive of GST.
      (d)    The Package purchased is not an indication of a Smoke Alarm’s or Smoke Alarm System’s compliance (see Smoke Alarm Compliance). In some circumstances we may have to check whether a Smoke Alarm System complies with current Law as well as Law that will take effect at a later date.

5.2 Delivery of Services
We will make every reasonable effort to ensure the Services are delivered in a timely manner. However, without limiting any other provision of this Agreement, we will not be bound to meeting estimated or proposed delivery, dates where:
      (a)    events outside our control (including without limitation, inclement weather or changes in Law) prevent us from doing so;
      (b)    Work Orders include unreasonable due dates (i.e. dates that do not allow us adequate time to undertake the Service);
      (c)    you have failed to provide us with any of the information required under this Agreement to enable us to undertake the Service, or the information, documents or materials provided by you are inaccurate, incomplete or misleading.

5.3 Your right to change a Package
       (a)    You may change the Package of an Enrolled Property in accordance with our Standard Operating Procedures.
       (b)    Provided the Enrolled Property is eligible for the Package change and on acceptance by SAS (Package Change):
               (i)    SAS will issue a pro-rated invoice to you for the updated Package (Pro-Rata Invoice);
               (ii)   any unused portion of the fees paid in respect of the previous annual Package will be deducted from the Pro-Rata Invoice; and
               (iii)   you must pay the Pro-Rata Invoice in full within thirty (30) days following the Package Change.
       (c) On and from the Package Change:
            (i) your existing Package subscription (including all benefits, service offerings and fee structures) is cancelled;                                                                                              (ii) the updated Package will apply, subject to these Terms and any Additional Terms applicable to that Package.

5.4 Automatic package changes
      (a)    Where an Enrolled Property is enrolled under an annual Package, we may automatically change the Enrolled Property to another Package where we deem it necessary to ensure our Services are provided in compliance with the Law (including but not limited to, where applicable, the 2022 Qld Legislation) or changes to the Law as described in the Standard Operating Procedures (as amended from time to time).

Without limiting clause 5.4(a) above, if an Enrolled Property:
             (i) is enrolled under a Package that is not an Ultimate Subscription; and
             (ii) is or becomes an Upgraded Property (or we reasonably consider the Enrolled Property is or has become an Upgraded Property),
we may change the Package to the Ultimate Subscription.

      (b) On and from the date the Package is updated in accordance with clause 5.40 above (Automatic Package Change):
            (i) your existing Package subscription (including all benefits, service offerings and fee structures) is cancelled;
            (ii) the updated Package will apply, subject to these Terms and any Additional Terms applicable to that Package;
            (iii) SAS will issue a pro-rated invoice to you for the updated Package (Pro-rata Invoice);
            (iv) any unused portion of the fees paid in respect of the previous annual Package will be deducted from the Pro-rata Invoice; and
            (v) you must pay the Pro-rata Invoice in full within thirty (30) days following the Automatic Package Change.

6. PRICING AND PAYMENT


6.1 Package Subscription
      (a)    Packages are charged on an annual subscription basis pursuant to the Schedule of Smoke Alarm Solutions – Packages and Pricing (Annual Fee).
      (b)    A Package subscription will be renewed annually where the Annual Fee for the subsequent year is paid pursuant to clause 6.1(c)(ii) below unless this Agreement is cancelled or terminated earlier.
      (c)    The Annual Fee for a Package:
              (i) for the first year of the Package subscription, is due in full before the Services commence;
              (ii) for subsequent years of the Package subscription, is due annually in advance of each anniversary date of the commencement date of the Package subscription, unless otherwise terminated or cancelled; and
             (iii) may be paid by you via direct debit request or the credit card nominated on your Property Enrolment Form, however you acknowledge and accept that credit cards cannot be used for direct debit payments.
       (d)    If you do not pay the Annual Fee when due, we are under no obligation to provide the Services or attend the Enrolled Property and may suspend or terminate the Package. In these circumstances, we will have no further obligations or Liability to you to provide the Services.
      (e)    We may adjust the Annual Fees from time to time, but only on renewal with prior notice to you and subject to your right to terminate or cancel the Package pursuant to these Terms.

6.2 Additional Services
      (a)    Fees for Additional Services are charged on a pay-per-service basis.
      (b)    You must pay the fees for any Additional Service you instruct us to carry out (and which is not included as part of a Package that the Enrolled Property is subscribed under) as detailed in the Schedule of Smoke Alarm Solutions – Packages and Pricing (as amended from time to time).
      (c)    Fees for Additional Services as contemplated above must (unless we agree otherwise) be paid by you in full before we are obliged to deliver the Service.
      (d)    If you have subscribed for a Package and you have selected a direct debit or credit card option, Additional Services charges will be settled through the selected direct debit or credit card option on your Property Enrolment Form.

6.3 Pay-per-service, expenses and other charges
      (a)    Fees for time, materials, goods and other charges and expenses, including call out charges and compliance reports not included in a Package, are for your account and payable in accordance with this clause 6.3 (See Schedule of Smoke Alarm Solutions – Packages and Pricing) (Additional Expenses) or in accordance with any Additional Terms.
      (b)    Except:
               (i) as otherwise stipulated in these Terms or any Additional Terms;
               (ii) in respect of the supply and installation of a nine (9) volt Smoke Alarm that SAS considers (in its discretion) is required to be supplied and installed for safety reasons; or
               (iii) as otherwise agreed by you,
we will obtain your prior approval before incurring fees and expenses for Additional Expenses.
      (c)    We will submit an invoice to you for any Additional Expenses which will detail the Additional Expenses and the dates the Additional Expenses were incurred. You must pay us the amount due in accordance with clause 6.4 below or as otherwise indicated on the invoice.
      (d)    If you have subscribed for a Package and you have selected a direct debit or credit card option, the Additional Expenses will be settled through the selected direct debit or credit card option on your Property Enrolment Form. Credit cards cannot be used for direct debit payment.

6.4 Invoices
      (a)    Invoices are due and payable within thirty (30) days of the date of the invoice and you must pay us the amount due by the due date.
      (b)    Subject to clause 6.4(c) below, we will provide you with an invoice for your annual subscription at least (30) days prior to the renewal date of your subscription.
      (c)    Despite clause 6.4(b) above, you may opt to receive the renewal invoice for your annual subscription Package following the annual inspection of the Enrolled Property. Where you make such an election and SAS provides you with your renewal invoice at this time, SAS are under no further obligation to provide you with a further copy of the invoice in accordance with clause 6.4(b) above or to provide a reminder for payment of the invoice, except where the annual subscription fee has changed and clause 6.1(e) above applies.
      (d)    Our invoices may contain additional terms or requirements, which shall apply as though incorporated in this Agreement as Additional Terms.

6.5 Failure to pay an invoice
      (a)    Without limiting any of our other rights at Law or under this Agreement, if you fail to pay an invoice or other fees (whether for a Package, Additional Service or Additional Expenses), we may suspend our Services until payment is made in full.
      (b)    Without limiting clause 6.5(a) above, if your account is not paid up to date, including if you have subscribed for a Package but have not paid according to this Agreement, we may place any and all of your current Work Orders or any and all new Work Orders we may receive from you on hold (refer to Suspension of Work Orders).

6.6 Interest on unpaid accounts
Without limiting any of our other rights at Law or under this Agreement, if you do not pay any money owing to us under this Agreement when due, we may charge you interest on that money at a rate not more than ten percent (10%) per annum. That interest may be charged, and is payable by you on demand as a liquidated debt, from the due date until the money is paid.

7. ACCESS TO ENROLLED PROPERTY


7.1 You must provide SAS (including its agents, employees, contractors, subcontractors) with free and unencumbered access to the Enrolled Property to enable SAS to carry out the Services.

7.2 If the Enrolled Property is enrolled under a Package we will notify you (or your Agent, if applicable) by email at least thirty (30) days prior to the due date of the annual visit (Estimated Date) and you:
      (a)    must provide us with all up to date contact information for each tenant or other occupier of the Enrolled Property as is necessary for us to issue an entry notice to the tenants of the Enrolled Property to enable us to lawfully access the Enrolled Property and perform the Services at the Enrolled Property on or around the Estimated Date;
      (b)    authorise us to attend at the Enrolled Property on or around the Estimated Date (or such other date as agreed to by you or your Agent);
      (c)    will provide a copy of your keys and access cards or codes (Keys) to the Enrolled Property or authorise us to collect copies of the Keys from your Agent.

7.3 Without limiting your obligations under clause 7.2 above, if the Enrolled Property is a rental property you authorise us to contact the tenant of the Enrolled Property and/or (if applicable) the Agent to gain access to the Enrolled Property to deliver the Services.

7.4 We will only access and attend an Enrolled Property:
      (a)    in accordance with our property attendance policy and procedures as detailed in our Standard Operating Procedures (which may change from time to time); and
      (b)    that are enrolled under a Package upon an annual inspection after sending you the notification described in clause 7.2 above; or
      (c)    we receive a Work Order and we accept that Work Order.

7.5 In order to provide the Services, we may take possession of and utilise Keys for the Enrolled Property.

7.6 All information relating to the collection, utility and location of the Keys (Key Information) remains confidential and will only be used for the purpose of providing our Services. The Key Information is held in a secure system on our database in accordance with our Privacy Policy.

7.7 You authorise SAS (and our technicians, employees, contractors and representatives) to collect the Key Information, take possession of the Keys and access the Enrolled Property using the Keys and Key Information.

7.8 We will return all Keys in our possession or control to you or your Agent once the relevant Services are completed. We do not accept (and you release us from) any responsibility or Liability arising from:
      (a)    the use or loss of the Keys prior to Keys being collected or following the return of Keys to you or your Agent;                                                                                        (b)    the use of the Keys or Key Information by us or our technicians, employees, contractors or representatives in accordance with this Agreement.

8. SMOKE ALARM SERVICES


8.1 Packages
      (a)    Our Smoke Alarm Services are available as either an annual Package subscription or as pay-per-service Additional Services.
      (b) Under each annual Package for an Enrolled Property we will:
           (i) clean and service Smoke Alarms in the Enrolled Property; and
           (ii) replace or repair (as required) any faulty, expired, damaged, missing or beeping Smoke Alarms at that Enrolled Property if required for Smoke Alarm Compliance,
subject this Agreement (including but not limited to the details, prices and Additional Terms contained in the Schedule of Smoke Alarm Solutions – Packages and Pricing).
      (c)    Without limiting clause 8.1(b)(ii) above, you acknowledge that certain Packages:
              (i) include additional Services at no extra cost;
              (ii) are subject to additional fees for Smoke Alarm replacement and/or repair;
              (iii) are not available for Enrolled Properties with interconnected Smoke Alarms;
              (iv) will not ensure Smoke Alarm or Smoke Alarm System compliance in Queensland from January 2022;
              (v) are no longer available for newly Enrolled Properties but continue to apply to Properties already enrolled for that Package, subject to these Terms.
      (d)    Where you purchase a Package, you warrant to us that you have reviewed the Schedule of Smoke Alarm Solutions – Packages and Pricing and have selected the Package based on your own assessment of the suitability and cost-effectiveness of the Package, having regard to:
               (i) your own financial circumstances;
               (ii) your own individual existing or future circumstances or requirements for the Enrolled Property or subsequent legal needs (for example, the proposed sale of the Enrolled Property or that the Enrolled Property is subject to a New Lease);
              (iii) the number of Smoke Alarms already installed in the Property;
              (iv) your own knowledge or assessment of the estimated build date of the Property; and
              (v) whether the Smoke Alarms are interconnected and otherwise currently comply with applicable Smoke Alarm Laws and any other applicable Laws in the relevant State or Territory the Property is situated in.

8.2 Smoke Alarm Compliance Services
      (a)    We offer Smoke Alarm Compliance Services for Eligible Properties as an inclusion in some of our Packages, subject to this Agreement (including without limitation any Additional Terms contained in the Schedule of Smoke Alarm Solutions – Packages and Pricing).
      (b)    If Smoke Alarm Compliance Services are included as part of the subscribed Package for the Enrolled Property, you acknowledge and accept that:
              (i) You have read the Additional Terms in the Schedule of Smoke Alarm Solutions – Packages and Pricing and agree to be bound by those Additional Terms.
              (ii) We are only required to provide the Smoke Alarm Compliance Services (including Smoke Alarm Compliance Report) once every twelve (12) months from commencement of the Package.
              (iii) You acknowledge and accept that wall controllers are not included in this Service.
              (iv) If you require additional Smoke Alarm Compliance Services, then additional pay-per-service fees will apply (including but not limited to a call out fee, charges for each new Smoke Alarm supplied, charges for each new Smoke Alarm installed or a Smoke Alarm relocation fee). Additional Smoke Alarm Compliance Services may be required during the annual period of a Package if, for example:
                      (A) a Third Party electrician is engaged by you to upgrade Smoke Alarms and Smoke Alarm installations while the Enrolled Property is included under a particular Package;
                     (B) the subscribed for package is provided under the Subscription Takeover Service;
                     (C) the information in your Property Enrolment Form or Work Order is or becomes incorrect or inaccurate;
                     (D) the Property becomes or is required to become an Upgraded Property;
                     (E) if previously installed Smoke Alarms are no longer required in order to comply with Smoke Alarm Laws;
                     (F) the Enrolled Property is subscribed under a Package that does not include in its annual cost the installation, removal or relocation of Smoke Alarms to ensure compliance with Smoke Alarm Laws.
      (c)    If we consider that the Smoke Alarm System at the Enrolled Property does not comply with relevant Smoke Alarm Laws, we will, subject to this Agreement:
              (i) notify you or your Agent; and
              (ii) if included as part of the Package the Enrolled Property is subscribed under, rectify the non-compliant Smoke Alarms or Smoke Alarm System (including replacing missing smoke alarms) during the inspection or arrange a time to return and rectify the non-compliant Smoke Alarm(s) or Smoke Alarm System (including, where necessary, by installing additional Smoke Alarms) at no fee for the return call; or
              (iii) if not included as part of the Package the Enrolled Property is subscribed under:
                     (A) at your cost, supply and install one or more nine (9) volt Smoke Alarms that SAS considers (in its discretion) is required to be supplied and installed for safety reasons; or
                     (B) otherwise: :
                           1. provide you with an indicative quote for SAS to re-attend the Property to rectify the non- compliant Smoke Alarm(s) or Smoke Alarm System,for your approval;                                                                                                                                                                                                                                                                                                 2. where you approve the quote contemplated by clause 8.2(c)(iii)(B)1 above, arrange a time SAS to return and rectify the non-compliant Smoke Alarm or Smoke Alarm Services in accordance with the quote.

8.3 Smoke Alarm Compliance Report
      (a)    Subject to clause 8.3(b) below, as part of our Smoke Alarm Services, we will provide you with a Smoke Alarm Compliance Report once every twelve (12) months from commencement of the relevant Package.
      (b)    You acknowledge and accept that where you have engaged a Third Party electrician to upgrade Smoke Alarms and Smoke Alarm Systems while the Enrolled Property is already subscribed under a Package,
               (i) we may recommend you change the Package to the Ultimate Subscription; and
               (ii) except where you have changed your Package to the Ultimate Subscription and provided us with the compliance certificates from the Third Party pursuant to clause 8.11(d) below, we are unable to (and will not) provide you with a Smoke Alarm Compliance Report as part of the Smoke Alarm Compliance Services under the existing Package.
      (c)    The Smoke Alarm Compliance Report:
              (i) certifies whether, in SAS’ opinion, the Smoke Alarm System at the Enrolled Property complies with the relevant Smoke Alarm Laws in the State or Territory where the Enrolled Property is situated;
             (ii) where an electrical contractor license number is included on the Smoke Alarm Compliance Report, certifies that, to the extent:
                  (A) all or part of the Smoke Alarm System is an electrical installation or comprises electrical equipment (Electrical Equipment); and/or
                  (B) the installation, removal, repair, inspection or testing of all or part of the Smoke Alarm System is electrical work as defined by any applicable Law at the Enrolled Property and on the inspection date (Electrical Work),
then:
                  (C) the Smoke Alarm System and any Electrical Work has been tested to ensure it complies with the relevant Smoke Alarm Laws;
                  (D) the Electrical Equipment is (to the extent it is affected by any Electrical Work), is electrically safe pursuant to the requirements of the relevant Smoke Alarm Laws.
           (iii) is SAS’ opinion based on our training and experience in doing similar work in assumed similar circumstances having regard to:
                 (A) our understanding of your instructions;
                 (B) information you have provided to us at the date of the inspection; and
                 (C) our inspection of the Enrolled Property.
           (iv) unless you notify us in writing prior to the date of the inspection as to any specific objections, financial situation, particular circumstance or subsequent legal needs (for example, the proposed sale of the Enrolled Property or that the Enrolled Property is subject to a New Lease) (Specific Objectives), does not:
                (A) take into account your Specific Objective; and
                (B) does not constitute legal or professional advice with regard to any relevant Laws specific to, or in connection with, your Specific Objectives in respect of the Smoke Alarm System for the Enrolled Property.
      (d)    From time to time, existing Smoke Alarm Laws may be amended or new Laws may be introduced that impose new or additional compliance requirements or obligations for Smoke Alarm Systems in Enrolled Properties, that will come into force at a later date (Future Compliance Laws).
      (e)    Future Compliance Laws may be phased in over time and the Future Compliance Laws may allow a grace period or periods to facilitate the introduction of the new compliance obligations.
      (f)    Owing to Future Compliance Laws, certain Smoke Alarms or Smoke Alarm Systems already installed in an Enrolled Property may:
             (i) no longer be required to ensure compliance with Smoke Alarm Laws (see Alarms not required for compliance);
             (ii) no longer be compliant with Smoke Alarm Laws and may need to be replaced or upgraded to ensure compliance with Smoke Alarm Laws.
      (g)    Where clause 8.3(f) above applies, we may issue you with a Smoke Alarm Compliance Report, informing you that:
              (i) all or part of the Smoke Alarm System does not, or may not, comply with Smoke Alarm Laws unless certain circumstances exist (for example, that the Enrolled Property is an Upgraded Property);
             (ii) that the Smoke Alarm System will only comply with Smoke Alarm Laws if certain circumstances do not exist (for example, the Enrolled Property is not subject to a New Lease).
     (h)    If you are issued with a Smoke Alarm Compliance Report pursuant to clause 8.3(g) above, it is up to you to take the necessary action and works (at your cost) to ensure the Smoke Alarm System complies with Smoke Alarm Laws and you release us from all Liability in this regard.
     (i)    Where an Enrolled Property is enrolled under an annual Package, we may automatically change the Enrolled Property to another Package where we deem it necessary to ensure our Services are provided in compliance with Future Compliance Laws (including but not limited to the 2022 Qld Legislation) or changes to the Law (see Automatic Package Changes).

8.4 What a Smoke Alarm Compliance Report is not
      (a)    A Smoke Alarm Compliance Report is not a Building Compliance Certificate.
      (b)    You acknowledge that Building Compliance Certificates:
               (i) refer to different points in time and different regulations (for example, a Building Compliance Certificate issued at the end of construction may certify compliance with a building approval) and may or may not be valid at the time we undertake the Services;
               (ii) may have been issued:
                    (A) before Smoke Alarm Laws came into effect or before new Laws or changes to existing Laws relating to Smoke Alarms and the installation of Smoke Alarms existed;
                    (B) during a grace period allowed by Law to ensure the orderly implementation of a new Law;
               (iii) does not necessarily mean that the Smoke Alarms System in an Enrolled Property are compliant with all Smoke Alarm Laws and other Laws in force in the State or Territory where the Enrolled Property is situated.
      (c)    A Smoke Alarm Compliance Report that indicates that the Smoke Alarm System is not compliant does not necessarily mean that a Building Compliance Certificate is not valid and you must make your own independent enquiries in this regard. SAS gives no warranty as to the validity or otherwise of any Building Compliance Certificate.

8.5 Enrolled Properties in Queensland
      (a)    From 1 January 2022, rental Properties in Queensland are required to comply with the 2022 Qld Legislation.
      (b)    To ensure compliance with the 2022 Qld Legislation:
               (i) all domestic dwellings in Queensland must be fitted with Smoke Alarms that comply with the requirements under the 2022 Qld Legislation;
               (ii) any Enrolled Property that is subject to a New Lease on or after 1 January 2022 must upgrade the Smoke Alarm System to ensure it complies with the requirements under the 2022 Qld Legislation.
      (c)    You must notify us in writing immediately if an Enrolled Property is or will be subject to a New Lease to take effect on or after 1 January 2022.
      (d)    Where an Enrolled Property is enrolled in a Package other than the Ultimate Subscription:
              (i) unless you notify us that the Enrolled Property is or will be subject to a New Lease to take effect on or after 1 January 2022, we will:
                  (A) assume that the Enrolled Property is not subject to a New Lease;
                  (B) continue to provide the Services in accordance with the existing Package;
                  (C) provide a Smoke Alarm Compliance Report based on the assumption that the Enrolled Property is or will not be subject to a New Lease.
              (ii) if you notify us that a Non-upgraded Property is subject to a New Lease, SAS will, following its inspection of the Enrolled Property:
                  (A) issue a Smoke Alarm Compliance Report certifying that the Enrolled Property is not compliant with Smoke Alarm Laws; and
                  (B) provide you with a quotation for the estimated cost of completing the work needed to transition a Non-upgraded Property to an Upgraded Property, for acceptance by you.

8.6 Alternative Compliance (Enrolled Properties in Queensland)
       (a)  In situations where we discover incorrectly positioned 240-volt mains-powered smoke alarms in class 1a or sole-occupancy class 2 Queensland Enrolled Properties where the smoke alarm system has been Upgraded to meet 2022 Qld Legislation, we may deem certain smoke alarms compliant based on Section 104RBB(2) of Fire and Emergency Services Act 1990. Under this Section, alternative compliance with smoke alarm requirement provision exists if it is impractical for an owner of a domestic dwelling to install or relocate smoke alarms in positions required under a smoke alarm requirement provision.

       (b)   In situations where we deem smoke alarms to be in compliant locations based on Section 104RBB(2), the smoke alarm will be required to meet all other requirements of the 2022 Qld Legislation, including Australian Standard AS3786 and be Scientific Services Laboratory (SSL) certified.

      (c)   If we discover smoke alarms within a Queensland Enrolled Property located in a compliant position in respect of Section 104RBB(2), we will note this within the Compliance Report we issue after our attendance.

      (d)   Example scenarios where it is unreasonable to relocate smoke alarms includes but is not limited to:
            (i) Smoke alarm located on sloping ceiling with no roof cavity
            (ii) Smoke alarm located on a concrete ceiling
            (iii) Smoke alarm located on likely asbestos containing material
            (iv) Smoke alarm located on Fire Rated Ceilings
            (v) The requirement for an extension of cabling
            (vi) Infrastructure preventing cable relocation

8.7 Bedrooms (Enrolled Properties in Queensland)
      (a)    Quotes for Upgrades in respect of an Enrolled Property situated in Queensland are based on the number of standard Bedrooms in the Enrolled Property.
      (b)    The conversion and/or use of any room as a bedroom (other than a Bedroom) may result in the Enrolled Property failing to comply with the 2022 Qld Legislation and other relevant Smoke Alarm Laws and further Smoke Alarms may need to be installed in the Enrolled Property (at your additional cost) to ensure compliance.
      (c)    SAS is not liable for, and you release SAS from all Liability and Claims in connection with, any non-compliance with the 2022 Qld Legislation where you, a tenant or other occupier of the Enrolled Property converts or uses an additional room (other than a Bedroom) as a bedroom in the Enrolled Property, after SAS’ has inspected the Enrolled Property.
      (d)    You indemnify SAS from all Claims suffered or incurred by SAS as a consequence of or in connection with you, you are a tenant or other occupier of the Enrolled Property converting or using an additional room (other than a Bedroom) as a bedroom in the Enrolled Property, after SAS’ has inspected the Enrolled Property.

8.8 Upgrades for Enrolled Properties situated in Queensland
      (a)    Where:
              (i) you elect to engage us to undertake an Upgrade; or
              (ii) the Enrolled Property is a Non-upgraded Property that is enrolled in the Ultimate Subscription,
we will (at your additional cost) replace Smoke Alarms in the Enrolled Property on a like for like basis in terms of power source. If a Smoke Alarm is not installed in a specific location in the Enrolled Property as required by the 2022 Qld Legislation, a ten (10) year lithium battery photoelectric Smoke Alarm will be installed.
      (b)    As part of an Upgrade or any other Service we:
               (i) will not repair or replace faulty, expired or 240 volt or 10 year lithium battery Smoke Alarms that have been installed by a Third Party with the intention of ensuring compliance with the 2022 Qld Legislation without your prior approval;
               (ii) may uninstall and will leave any Excluded Alarms at the Enrolled Property for warranty purposes;
              (iii) make no warranty or representation that the Excluded Alarms comply with 2022 Qld Legislation;
              (iv) may, by notice to you (and subject to your approval), re-attend the Enrolled Property to undertake additional Upgrade works (at your additional cost) to ensure the Enrolled Property complies with the 2022 Qld Legislation.

8.9 Third Party Installations
      (a)    If a Smoke Alarm System in an Enrolled Property subscribed under a Package is subsequently upgraded by a Third Party provider:
              (i) we may refuse to service the Enrolled Property if the quality of the new alarm(s) result in Excessive Alarm Faults.
              (ii) we may charge you, and you must pay, for our additional costs:
                   (A) associated with visits to the Enrolled Property in excess of two (2) call outs in a twelve (12) month period to rectify issues with a Smoke Alarm System that has been upgraded by a Third Party;                                                                                                                                                                                                                             (B) to replace, repair or rectify Smoke Alarms installed by you or a Third Party.                                                                                                                                        (b)    Except where permitted under any Additional Terms or where SAS considers (in its discretion) it necessary for safety reasons, we will advise you of the additional costs to repair, replace or rectify Smoke Alarms pursuant to clause 8.9(a)(ii)(B) prior to incurring those costs.
      (c)    Subject to clause 8.9(d) below, SAS recommends installing the same brand of Smoke Alarm within a Smoke Alarm System.
      (d)    If a Third Party provider installs:
              (i) multiple Smoke Alarm brands within a Smoke Alarm System;
              (ii) additional Smoke Alarms that are different to the Smoke Alarms currently installed in the Smoke Alarm System,and those Smoke Alarms are in date, functional and otherwise compliant with the 2022 Qld Legislation, we will note the presence of multiple brands in the Smoke Alarm Compliance Report but are under no obligation (and you release SAS from any Liability) to replace those Smoke Alarms.

8.10 Alarms not required for compliance
      (a) Subject to clause 8.9(a)(i) above and clause 8.10(b) below, if a Smoke Alarm in an Enrolled Property is functional and within its expiry date then we will service and maintain the Smoke Alarm pursuant to these Terms and any Additional Terms applicable to the relevant Service offering.
      (b)    Despite clause 8.10(a) above, if an installed Smoke Alarm is no longer required to ensure compliance with Smoke Alarm Laws, we:
              (i) will not (and you release us from all Liability to) service and maintain the Smoke Alarm, except as otherwise required under the Additional Terms for the specific Service offering; and
             (ii) may, if required under the relevant Smoke Alarm Laws applicable to the Enrolled Property, remove the Smoke Alarm and notify you of the reason for its removal.
      (c)    Without limiting clause 8.10(b)(ii) above, you:
              (i) authorise us to uninstall and remove any Smoke Alarm in the Enrolled Property that is no longer required to ensure compliance with Smoke Alarm Laws;
              (ii) acknowledge that when a Smoke Alarm is relocated or replaced, there may be residual or superficial damage either from the original installation or resulting from the relocation or replacement of the Smoke Alarm;
              (iii) to the extent permitted by Law, release us from any Claim as a result of or in connection with the removal of a Smoke Alarm in the Enrolled Property pursuant to clause 8.10(c)(i) above and any reasonable residual damage or defects caused by such removal (including but not limited to discolouration of paint or plaster, existence of cable or screw holes).

8.11 Smoke Alarm Installation, Relocation and Removal Services
      (a)    We may install, relocate, replace, substitute or remove Smoke Alarms to comply with the requirements of Law (including but not limited to Smoke Alarm Laws and Future Compliance Laws).
      (b)    Depending on the Package the Enrolled Property is subscribed under, we may charge you additional costs to install, relocate and remove non-compliant Smoke Alarms. Subject to the terms of this Agreement, where additional costs are payable, we will provide you with a rectification quote based on the specifications of the Enrolled Property (such as the number of Bedrooms, number of levels, the location of hallways) as notified by you, and in accordance with the applicable Smoke Alarm Laws.
      (c)    If active voltage is detected in the roof of the Enrolled Property due to faulty wiring or foil insulation or otherwise we may immediately suspend our Service and provide a new indicative rectification quote.
      (d)    If you choose to use a Third Party electrician to attend to installation or removal of Smoke Alarms or a Smoke Alarm System:
              (i) you must provide us with the electrical and smoke alarm compliance certificates (Compliance Certificates) issued by the Third Party electrician;
              (ii) if you do not provide us with Compliance Certificates (or we are not satisfied, acting reasonably, with the Compliance Certificates), we may attend the Enrolled Property to inspect the Smoke Alarm System to confirm it is compliant with Smoke Alarm Laws and may charge you a reinspection fee; and
              (iii) if we determine that the Smoke Alarms or Smoke Alarm System installed or work undertaken by the Third Party electrician is not compliant with Law we may (but are not obliged to) issue you with a rectification quote in accordance with the provisions of clause 8.11(b) above.
      (e)    If we determine that a Smoke Alarm is defective, we will:
              (i) promptly notify you of the defective Smoke Alarm; and
              (ii) subject to the terms of your Package and without limiting clause 8.11(d)(iii) above, take reasonable steps to gain lawful access to the Enrolled Property to repair or replace the Smoke Alarm (at your cost, if applicable) as soon as practically possible.                                                                                                                             (f)    Provided we have complied with our obligations under clause 8.11(e) above, we accept no Liability (and you release us from all Claims) as a result of or in connection with any delay or failure to repair or replace the defective Smoke Alarm that is outside our reasonable control.

8.12 Low Voltage Systems
       (a)    Despite anything to the contrary, we do not provide compliance services or a Smoke Alarm Compliance Report in respect of Low Voltage Systems.
       (b)    Where an Enrolled Property is fitted with both Low Voltage System and a standard Smoke Alarm System, we will provide compliance services and will provide a service report (not a Smoke Alarm Compliance Report) in respect of the standard Smoke Alarm System only.
       (c)    If, following our first attendance at the Property, we determine that a Low Voltage System is installed in the Property, we will notify you of this and provide our recommendations. If you elect:
              (i) not to subscribe to a Package:
                  (A) you must pay us, on demand, for a call out fee as detailed in our Schedule of Smoke Alarm Solutions – Packages and Pricing;
                  (B) we will not issue a Smoke Alarm Compliance Report for that Property;
                  (C) we are under no obligation to, and you release us from any obligation to, provide the Services.
             (ii) to subscribe to a Package:
                  (A) we will service the Smoke Alarms at the Enrolled Property in accordance with the relevant Package but will not provide compliance services in respect of the Smoke Alarm System at the Enrolled Property;
                  (B) we will not issue a Smoke Alarm Compliance Report for the Enrolled Property; and
                  (C) we are under no obligation to, and you release us from any obligation to, provide the compliance services or issue a Smoke Alarm Compliance Report for the Enrolled Property.
       (d)    Where your Enrolled Property is located in Queensland, you acknowledge that:
               (i) Properties with low voltage smoke detection devices are exempt from the 2022 Qld Legislation and are not required to Upgrade. However, where you request us to do so we will (at your cost) install additional standard Smoke Alarms and service those Smoke Alarms under the Package the Enrolled Property is subscribed under; and
               (ii) in most instances, low voltage smoke alarm systems will need to be removed by a Third Party and an upgraded Smoke Alarm System installed in the Enrolled Property to ensure compliance with the 2022 Qld Legislation.
       (e)    Without limiting the terms of this Agreement, we may engage a Third Party contractor to undertake the Services in respect of Low Voltage Smoke Detection Devices

8.13 Standard of smoke alarms
      (a)    All Smoke Alarms installed by us as part of our Services will:
              (i) comply with the relevant standards under the applicable Australian Standard AS3786;
              (ii) have the Standards Australia Mark or are Scientific Services Laboratory (SSL) certified.
       (b)    Subject to the terms of this Agreement, we will replace faulty, expired, missing or damaged Smoke Alarms with those of our preferred manufacturer brands and that meet the requirements under clause 8.13(a)S above.

8.14 Cover plates and Base plates
       (a)    If required by Law or if we consider it reasonably necessary, we may install Smoke Alarm cover plates or base plates and you authorise us to do so.
       (b)    Without limiting clause 8.10(c)(iii) above, you acknowledge and accept that:
                (i) Where Smoke Alarm base plates cannot be removed without causing superficial damage (such as when base plates are painted on or they cover damage or holes in the ceiling) we will leave the base plate in place, provided that we can install the Smoke Alarm in another location that is compliant with Law;
                (ii) If we are able to remove Smoke Alarm base plates and the existing location of the Smoke Alarm still complies with Law, we will endeavour to re-use or cover the existing screw holes with the new base plate. If we cannot re-use or cover the existing screw holes, then the existing screw holes will be filled with gap filler and smoothed over as per our installation and removal policy and procedures.

8.15 24 Hour Emergency Service
       (a)    We offer a 24 hour emergency service for Smoke Alarms only, in accordance with our Standard Operating Procedures where an Enrolled Property is:
                (i) subscribed under the Platinum Subscription or Ultimate Subscription; and
                (ii) located within a 50km radius of the general post office in the following location:
                      (A) Cairns;
                      (B) Townsville;
                      (C) Mackay;
                      (D) Adelaide;
                      (E) Melbourne;
                      (F) Rockhampton; or
              (iii) located within a 150km radius of the general post office in Brisbane
(24 Hour Emergency Service).
     (b)    Despite clause 8.15(a) above, an Enrolled Property that is situated on an island that is inaccessible by road is not eligible for the 24 Hour Emergency Service.
      (c)    The 24 Hour Emergency Service can be accessed:
              (i) via the Solutions Portal; or
              (ii) by calling 1300 853 612.
      (d)    You must pay SAS on demand a call out fee if the 24 Hour Emergency Service is used in respect of an Enrolled Property that is not eligible for the 24 Hour Emergency Service.
      (e)    The 24 Hour Emergency Service is a complimentary service under certain Packages and SAS will not be liable for (and you release SAS from all Claims in respect of) any costs (including Third Party call out fees) incurred by you as a result of or in connection with you being unable to access or utilise the 24 Hour Emergency Service for any reason.
       (f)    Without limiting any other provision of this Agreement, we may replace a Smoke Alarm in the Enrolled Property with a different brand of Smoke Alarm as part of the 24 Hour Emergency Service. SAS is not liable (and you release SAS from any Liability suffered or incurred) in respect of any difference in the costs of the Smoke Alarm installed compared to the cost of a Smoke Alarm that may have been available but for the emergency circumstances.

8.16 Subscription Takeover Service
      (a)    In this clause the following words have the following meanings:
              Subscription Takeover Service means the servicing of Smoke Alarm Systems offered by SAS under which SAS will honour call outs for Smoke Alarm Systems in respect of an Eligible Property pursuant to the Third Party Service Contract on the terms contained in this clause 8.16.
             Takeover Date means the date that is the later of the date:
             (i) we are satisfied the Property is an Eligible Property; and
             (ii) you give notice to the Third Party provider terminating the Third Party Service Contract in accordance with clause 8.16(c)(iii) below.
            Takeover Period means the date commencing on the Takeover Date and ending on the earlier of:
            (i) the anniversary date of the Third Party Service Contract; the date the annual subscription under the Third Party Service Contract expires or is terminated; and
            (ii) the date we accept the enrolment of the Eligible Property pursuant to clause 3 of these Terms and you subscribe for a Package.
          Third Party Service Contract means an annual smoke alarm servicing subscription agreement in respect of an Eligible Property with a Third Party smoke alarm servicing and maintenance provider for an existing term of not more than twelve (12) months.
      (b)    Subject to the provisions of this clause 8.16, SAS offers a Subscription Takeover Service for Eligible Properties that are:
              (i) as at the date of the request, subject to a valid and subsisting Third Party Service Contract; and
             (ii) satisfies the eligibility requirements under clause 8.16(c) below.
      (c)    To be eligible for the Subscription Takeover Service:
              (i) the Property is an Eligible Property;
              (ii) you provide SAS with a copy of your existing Third Party Service Contract; and
              (iii) you terminate the Third Party Service Contract and provide SAS with evidence (satisfactory to SAS) that this has been attended to.
      (d)    Subject to the terms of this clause 8.16, under the Subscription Takeover Service, SAS:
              (i) will honour existing call outs as required in respect of the Property and will service the Property’s Smoke Alarms pursuant to the Third Party Service Contract during the Takeover Period on receipt of a Work Order from you or your Agent;
              (ii) will not (and is not required to) provide automated annual inspections of the Property or issue a Smoke Alarm Compliance Report during the Takeover Period.
      (e)    Subject to clause 8.16(f) below, you are liable for and must pay SAS on demand for the costs of removal, replacement, substitution or installation of Smoke Alarms or all or part of the Smoke Alarm System in the Property if required to ensure the Smoke Alarm System complies with Smoke Alarm Laws during the Takeover Period.
      (f)    If all or part of a Smoke Alarm System is required to be replaced, substituted, installed or removed (including if no longer required to ensure compliance with Smoke Alarm Laws) prior to the end of the Takeover Period we will notify you accordingly and you may either:
             (i) bring forward the end of the Takeover Period, enrol the Property and subscribe and pay for a Package, upon which:
                 (A) the Subscription Takeover Service will be at an end; and
                 (B) , you will be entitled to the inclusions provided by the nominated Package under an ordinary subscription for that Package; or
             (ii) pay SAS to replace, substitute, install or remove the relevant parts of the Smoke Alarm System per our current pricing schedule for Additional Services.
      (g)    Without limiting any other provision of this Agreement and to the extent permitted by Law, SAS does not give any warranty and does not accept (and you release us from) any Liability or Claims in relation to any:
             (i) event, matter, circumstance or Loss that occurs, arises or relates to any period before the Takeover Date or our first attendance at the Enrolled Property;
             (ii) act or omission of the Third Party smoke alarm servicing and maintenance provider pursuant to or in connection with the Third Party Service Contract; or
             (iii) Loss arising directly or indirectly out of the act or omission of any Third Party (including but not limited to work done by us based on information or advice given to us by Third Party smoke alarm servicing and maintenance provider or by any other Third Party building inspectors, advisers or experts).
      (h)    To the extent permitted by Law, you indemnify us and will keep us indemnified in respect of any Claims that are suffered or incurred by us in connection with any of the matters listed in clause 8.16(g) above.
      (i)    For clarity, the Subscription Takeover Service will come to an end on the expiration of the Takeover Period (including without limitation on enrolment of the Property and subscription of a Package).

9. POOL COMPLIANCE INSPECTIONS (QLD ONLY)


9.1 Definitions
In this clause the following words have the following meanings:
Pool means a shared or non-shared swimming pool and pool fencing at an Enrolled Property.
Pool Compliance Inspection means the inspection of a Pool to check the Pool complies with the Pool Safety Requirements, on the terms of this clause 9.
Pool Safety Certificate has the meaning given to it under the Building Act 1975 (Qld).
Pool Safety Inspector means a pool safety inspector licensed by the Queensland Building and Construction Commission.
Pool Safety Requirements means the requirements for pool safety contained in the Building Act 1975 (Qld) and Building Regulations 2006 (Qld) (as amended or replaced from time to time).

9.2 Pool Compliance Inspections
      (a)    SAS offer Pool Compliance Inspections:
              (i) for certain shared and non-shared swimming Pools in Enrolled Properties situated in certain areas in Queensland;
             (ii) as a pay-per-service Additional Service in accordance the Schedule of Smoke Alarm Solutions – Packages and Pricing. For clarity, pool compliance services are not included in any of our annual subscription Packages.
    (b)    On enrolment of a Property and submission of a valid Work Order and acceptance by SAS of that Work Order, we will arrange for a Pool Safety Inspector to attend the Enrolled Property to inspect the Pool for compliance with Pool Safety Requirements.

9.3 Pool Safety Certificate
      (a)    Where the Pool Safety Inspector determines that the Pool is compliant with Pool Safety Requirements, the Pool Safety Inspector will issue a Pool Safety Certificate.
      (b)    A Pool Safety Certificate is valid for:
              (i) two (2) years from date of issue in respect of non-shared Pools;
              (ii) one (1) year from date of issue in respect of shared Pools.

9.4 Non-Compliant Pool
      (a)    If the Pool Safety Inspector is not satisfied the Pool is compliant, the Pool Safety Inspector will provide you with a ‘Form 26 – Pool safety non- conformity notice’, together with details of any work or other action that must be undertaken to make the Pool compliant with Pool Safety Requirements (Rectification Works).
     (b)    You will be responsible (at your cost) for undertaking Rectification Works required to ensure the Pool is compliant with Pool Safety Requirements.
     (c)    You must notify us in writing once the Rectification Works have been carried out and we will arrange for the Enrolled Property to be reinspected by the Pool Safety Inspector. You must pay for the costs of the reinspection in accordance with the Schedule of Smoke Alarm Solutions – Packages and Pricing.
      (d)    You acknowledge and accept that:
               (i) SAS is not required to undertake any Rectification Works as part of the Pool Compliance Inspection; and
               (ii) the cost of all Rectification Works and any other costs payable to Third Parties for any other compliance work done to or in respect of a Pool are your responsibility.
     (e)    You indemnify SAS, and will keep SAS indemnified against, all Claims suffered or incurred by SAS as a result of or in connection with any of the matters included in clause 9.4(d) above or any breach of those matters by you.

10. BLIND CORD COMPLIANCE SERVICE


10.1 Definitions
In this clause the following words have the following meaning:
Blind Cord Compliance Laws means the Trade Practices (Consumer Product Safety Standard – Corded Internal Window Coverings) Regulations 2010 (Cth) and the Competition and Consumer Corded Internal Window Coverings Safety Standard 2014 (Cth) (as amended or replaced from time to time).
Blind Cord Compliance Service means the inspection and works undertaken to Corded Blinds in an Enrolled Property, on the terms of this clause 10.
Corded Blinds has the meaning given to it in the Blind Cord Compliance Laws.
Devices means:
(a)          cord guides that help guide the Blind Cord in the right place;
(b)          cleats;
(c)          other tensioning devices;
(d)         warning labels.

10.2 Blind Cord Compliance Services
       (a)    Blind Cord Compliance Services are offered by SAS as an add-on (at an additional cost) in some of our Packages as detailed in the Schedule of Smoke Alarm Solutions – Packages and Pricing.
       (b)    If you require a Blind Cord Compliance Service to be included as part of your Package, you must include in the Property Enrolment Form or Work Order:
               (i) the dates the Corded Blinds were installed in the Enrolled Property;
              (ii) the number and location of the Corded Blinds.
      (c)    Where you have subscribed for the Blind Cord Compliance Service and provided the information in accordance with clause 10.2(b) above, we will attend the Enrolled Property and inspect the Corded Blinds for compliance with the Blind Cord Compliance Laws.

10.3 Non-compliant Blind Cords
       (a)    If a Corded Blind was installed prior to 2010, Blind Cord Compliance Laws do not apply to that Corded Blind and SAS is not required to replace or repair the relevant Corded Blinds.
       (b)    If the Corded Blind was installed in or after 2010 and the Corded Blind does not comply with the Blind Cord Compliance Laws, SAS will:
               (i) where the non-compliance with Blind Cord Compliance Laws can be rectified by the installation of no more than four (4) Devices, install up to four (4) Devices; or
              (ii) provide you with notice that all or some of the Corded Blinds do not comply with the Blind Cord Compliance Laws, together with details of any work or other action that must be undertaken to make the Corded Blinds comply with Blind Cord Compliance Laws (Rectification Works).

10.4 Occupier’s obligations
       (a)    The Blind Cord Compliance Laws require the use of Devices to ensure the occupant(s) of the relevant Property can take the necessary steps to tie-off the Corded Blind to achieve the required safety standard.
      (b)    To the extent permitted by Law, SAS is not liable for any Loss or Claim as a result of or in connection with:
              (i) a failure by you or any occupants of the Enrolled Property to tie off the Corded Blind in accordance with the Blind Cord Compliance Laws (or otherwise);
             (ii) the incorrect or improper use of the cord or Corded Blind by you or any Third Party;
             (iii) any failure by you to repair or replace a Corded Blind; and
             (iv) any deficiency in the cord or Corded Blind, except where directly caused by the actions of SAS or its officers, employees or contractors.
      (c)    You indemnify SAS from and against all Claims arising out of, involving, or in connection with any of the matters listed in clause 10.4(b) above.

11. SAFETY SWITCH TESTING SERVICE


11.1 Safety Switch Testing Services
       (a)    Safety switch testing services are offered by SAS as an add-on (at an additional cost) in some of our Packages as detailed in the Schedule of Smoke Alarm Solutions – Packages and Pricing.
      (b)    We carry out a safety switch function test (Safety Switch Test) when requested to do so in a Work Order and in conjunction with a scheduled Smoke alarm Inspection in accordance with the relevant Package.
      (c)    Despite clause 11.1(b) above, we do not carry out a Safety Switch Test if we are attending the Enrolled Property due to a faulty or beeping Smoke Alarm, nor will we attend an Enrolled Property to carry out a Safety Switch Test as a separate or individual service.

11.2 Safety Switch Testing
      (a)    We conduct the Safety Switch Test by pressing the ‘T' or 'Test' button located on the safety switch at the Enrolled Property.
      (b)    If the safety switch flicks off and cuts the power, we turn the safety switch back on, and confirm the power is restored.
      (c) Where the Enrolled Property is a rental property, we will provide notice of entry to a tenant prior to a Smoke Alarm inspection and will notify the tenant that we intend to perform a Safety Switch Test.
      (d) We will endeavour to ensure that all individuals in the Enrolled Property at the time the Safety Switch Test is being carried out are aware of the testing. In particular, we will endeavour to ensure individuals at the Enrolled Property are aware that if they are using an electrical device it may be interrupted by the testing process.
      (e) It is your or the tenant’s responsibility (as applicable) to unplug electrical devices at the Enrolled Property prior to our attendance.
      (f) Despite anything to the contrary, we will not be liable (and you release us from all Claims) for any Loss or damage where an electrical device is interrupted during the Safety Switch Test.

11.3 Services not included
      (a)    We do not check to determine which lights or appliances or power sockets are protected by the safety switch.
      (b)    We do not check the time it takes for the safety switch to turn off the power.                                                                                                                                                (c)    To the maximum extent permitted by Law, we do not accept any Liability if a safety switch does not function fully (turning off within its stipulated timeframe or not turning power back on when reset), whether before, during, or after the Safety Switch Test.

11.4 Faulty Safety Switch
If a safety switch does not pass the Safety Switch Test:
       (a)    we will notify you that the safety switch is faulty; and
       (b)    it is your responsibility to undertake (or cause to be undertaken) all necessary works or other actions (at your cost) to ensure the safety switch is repaired or replaced.

12. WATER METER READING SERVICES


12.1 Water Meter Reading Services
       (a)    Water meter reading services are offered by SAS as an add-on (at an additional cost) in some of our Packages as detailed in the Schedule of Smoke Alarm Solutions – Packages and Pricing.
       (b)    If you require a water meter reading service to be included as part of your Package, you must provide details of the location of the water meter at the Enrolled Property in the Work Order.
       (c)    A water meter reading service is only available during:
               (i) our initial inspection for new Enrolled Properties;
               (ii) our inspections of Enrolled Properties subject to a New Lease.

12.2 Location of Water Meter
       (a)    The water meter reading service is delivered by one of our technicians provided the technician can locate the water meter at the Enrolled Property.
       (b)    Our technician will record the current meter reading pursuant to our Standard Operating Procedures (Water Meter Service).
       (c)    Our technician will make all reasonable efforts to locate the water meter as described in the relevant Work Order. However, if our technician cannot locate a water meter at the first inspection of the Enrolled Property:
               (i) we are not required to reattend the Enrolled Property to record the water meter reading on the basis it was not in the location stated in the Work Order;
              (ii) despite clause 12.2(c)(i) above, we are taken to have delivered the Water Meter Service and any fee or costs associated with the Water Meter Service are forfeited to SAS.

12.3 Water usage
Despite anything to the contrary, SAS is not liable for (and you release SAS from) any Claims or Liability in relation to water usage charges imposed, suffered or incurred by you (including, but not limited to, where those charges are higher than anticipated due to an incorrect water metre reading recorded, and notified to you, by SAS in connection with the Water Meter Service).

13. HOME SAFE SOLUTIONS (VICTORIAN POSTCODES ONLY)


13.1 Home Safe Solutions Offer
       (a)    SAS provides a Home Safe Solutions Service to assist landlords of Victorian Enrolled Properties to meet the Smoke Alarm, electrical and gas safety requirements, as set out in the Residential Tenancies Amendment Act 2018 (Vic).
       (b)    Under our Home Safe Solutions Service, we offer:
               (i) a Smoke Alarm Safety Inspection every year;
               (ii) an Electrical Safety Inspection every two (2) years; and/or
               (iii) a Gas Safety Check every two (2) years.
       (c)    All Services will be carried out in the first year of an Eligible Property’s enrolment with SAS.
       (d)    Smoke Alarm Safety Inspections will continue to be carried out every twelve (12) months provided the Package subscription remains active. An Electrical Safety Inspection and/or a Gas Safety Check will be carried out every second year after the initial inspection.
       (e)    The Home Safe Solutions Service will usually be carried out within business hours (Monday to Friday: 8:30 am to 5:00 pm).

13.2 Smoke Alarm Safety Inspection
Under our Home Safe Solutions Service, a smoke alarm safety inspection is carried out annually as per the Smoke Alarm Solutions Platinum Subscription and in accordance with the terms of our Smoke Alarm Services as detailed in these Terms.

13.3 Electrical Safety Inspection
       (a)    In this clause the following words have the following meanings:
              Accessible means that the installation, fitting, or Electrical Appliance is:
              (i) identifiable by visual inspection only;
              (ii) not located under or behind improvements (including any dwelling), furniture or other items;
              (iii) not located in the roof or on the roof or above a certain height; or
              (iv) where identified by visual inspection, is not obscured by improvements, furniture or other items that cannot be moved due to weight, risk of damage to floor or surfaces, hard wired (e.g. ovens).
              Electrical Appliance means a hardwired electrical appliance installed in, and supplied by the owner, of the Enrolled Property including (without limitation) electric ovens, electric hot plates, electric hot water units, electric range hoods, fixed electric heaters and electric air-conditioners but excludes solar installations and any appliance supplied by a tenant residing at the Enrolled Property.
      (b)    Under our Home Safe Solutions Service, an electrical safety inspection will be carried out in respect of all Accessible Electrical Appliances in the Enrolled Property in the initial year of the Home Safe Solutions Service (Initial Inspection) and then once every two (2) years by or under the supervision of a qualified electrician, provided the Package subscription remains active.
       (c)    At the Initial Inspection, SAS (or its contractor) will carry out an electrical safety and compliance check of Accessible electrical installations, fittings and Electrical Appliances as per section 4 of AS/NZS 3019 and will include:
               (i) Switchboard tests - a thorough switchboard inspection including an RCD/safety switch test.                                                                                                                           (ii) Power point tests - earth loop and polarity tests of all accessible power points.                                                                                                                                               (iii) Electrical Appliance inspection - a thorough inspection of all listed Electrical Appliances, checking for damage to plugs, leads and casing.                                         (iv) Replacement of faulty items - replacement of faulty or damaged safety switches, circuit breakers and standard (as determined by SAS) light switches and power points limited to up to:                                                                                                                                                                                                                                                          (A) one (1) damaged standard single phase safety switch; and/or                                                                                                                                                                              (B) two (2) circuit breakers; and/or                                                                                                                                                                                                                                    (C) four (4) single or double gang standard power points; and/or                                                                                                                                                                              (D) four (4) standard light switches                                                                                                                                                                                                                              (v) Safety check of the switchboard and each listed Electrical Appliance, including a comprehensive compliance check of the property against the Australian Standard AS/NZS 3019.                                                                                                                                                                                                                                                   (vi) Warranty – twelve (12) month service warranty on electrical fittings repaired or installed by SAS as set out in our Standard Operating Procedures.                         (vii) Safety and Compliance Report - an electrical safety and compliance report provided following completion of each inspection (Report).
       (d)    The electrical safety inspection involves a visual inspection and test of electrical installations, electricalfittings and all Electrical Appliances (collectively Electrical Items) which are installed and Accessible at the time of the inspection. Neither SAS nor their contractors are liable for:
                (i) any change in the condition of Electrical Items occurring after the date of the inspection;
               (ii) any Electrical Items that were not Accessible or not installed at the time of the inspection;
               (iii) any Loss or damage (including consequential loss), arising from any defect or condition of any ofthe Electrical Items not specifically noted in the Report;
              (iv) any failure to inspect, identify or advise you of any defect or failure in respect of installations, fittings,or Electrical Appliances that are not Accessible, other than those specifically noted in the Report.
       (e)   The Report will be provided to the Agent or owner of the Property who requested the Service. You indemnify SAS against all Claims by any Third Party to whom the Report is provided.
       (f)   The qualified electrician that undertakes or supervises the electrical safety inspection may be contractedby SAS pursuant to the requirements under the Residential Tenancies Regulations 2021 (Vic).

13.4 Extended Services
       (a)   For each Enrolled Property subscribed under the fully paid and active Home Safe Solutions Service, SAS will reattend the Enrolled Property up to one (1) additional time after the Initial Inspection for free within the twenty four (24) month service period, for any electrical safety issue(s) relating to Electrical Items checked during the Initial Inspection as part of the Service, including:
               (i) switchboard, power point or switch faults (but excluding general faults in Electrical Appliances, lighting and in all inaccessible electrical fittings or fixtures); and
               (ii) replacement of faulty or damaged safety switches, standard light switches, standard power points and circuit breakers (but excluding globe replacement), limited to up to:
                    (A) one (1) damaged safety switch; and/or
                    (B) two (2) circuit breakers; and/or
                    (C) four (4) standard single or double gang power points; and/or
                    (D) four (4) standard single or double gang light switches.
       (b)    We may repair or replace any additional Electrical Items (not included under clause 13.4(a)(ii) above) at your cost and without your consent:
                (i) where we consider such repairs or replacements are necessary in order for the Enrolled Property to comply with the Law; and
                (ii) provided the cost of those works do not exceed $100,
and you must pay us our costs as detailed in the Schedule of Smoke Alarm Solutions – Packages and Pricing plus the cost of the goods on demand.
       (c)    We may repair or replace any additional Electrical Items (not included under clause 13.4(a)(ii) above) at your cost where the value of the works exceeds $100, only with your or your Agent’s authorisation. If approval cannot be obtained while we are onsite, an additional call out fee at our hourly rate will be charged for any reattendance at the Enrolled Property.
       (d)    If you require us to reattend the Enrolled Property under this Service in excess of the one (1) free return visit included under this extended service, we will charge a call-out fee plus materials.
       (e)    Despite clause 13.4(a)(ii) above, SAS is not required to replace or repair any Electrical Item which has been damaged by you, a tenant, occupant or invitee of the Enrolled Property or any Third Party following any repair or replacement undertaken by SAS.
       (f)    We are not required to provide this extended service if the relevant Home Safe Solutions Service Package under which the Enrolled Property is subscribed is terminated.

13.5 Gas Safety Check
       (a)    In this clause the following words have the following meanings:
               Accessible means that the Gas Installation or Gas Appliance is:
               (i) identifiable by visual inspection only;
               (ii) not located under or behind improvements (including any dwelling), furniture or other items;
               (iii) not located in the roof or on the roof or above a certain height; or
               (iv) where identified by visual inspection, is not obscured by improvements, furniture or other items that cannot be moved due to weight, risk of damage to floor or surfaces, hard wired (e.g. ovens).
              Compliance Certificate has the meaning given to it in the Regulations.
              Gas Appliance means a gas appliance located in, and supplied by the owner of, the Enrolled Property including without limitation cooktop, ducted heating cupboard, ducted heating external, ducted heating roof, free standing oven, gas log fire, gas potbelly, internal or external hot water continuous flow, internal or external hot water storage tank, room sealed instantaneous hot water, solar hot water, space heater, space heater room sealed, wall furnace, wall furnace power flue, wall oven, hydronic heating, pool heating, main pressure barbeque, but excludes any gas appliance owned, installed or supplied by a tenant residing at the Enrolled Property or by a Third Party).
              Gas Installations means Gas Appliances and their associated components, installations, works or systems.
              Gas Safety Check has the meaning given to it in the Regulations.
              Regulations means the Residential Tenancies Regulations 2021 (Victoria), as amended or replaced from time to time.
       (b)    Under our Home Safe Solutions Service, a Gas Safety Check will be carried out in respect of all gas installations and gas fittings and all Gas Appliances in the Enrolled Property in the initial year of the Home Safe Solutions Service (Initial Inspection) and then once every two (2) years by or under the supervision of a qualified Type A Gas Fitter, provided the Package subscription remains active.
       (c)    Gas Safety Checks will be carried out by the following Third Party contractor, on behalf of Smoke Alarm Solutions.
               Company Name                                                    Checkmate Compliance Management Pty Ltd                                                                                                                                                                                                                 (‘Checkmate’)
               ACN                                                                          164815374
               ABN                                                                          95164815374
               Address                                                                   Factory 4/4 Norwest Ave, Laverton North 3026
       (d)    A Gas Safety Check will be carried out in the initial year of subscription under the Package and every second year after the initial year, provided the Package subscription remains active. This includes a full service, maintenance check and where applicable a safety and spillage check with a carbon monoxide (CO) analyser and negative pressure test.
       (e)    Work carried out as part of a Gas Safety Check every second year during the subscription of the Package are as follows:
                (i) A leak and pressure retention test on the main gas line – including recording of appliance burner pressures where test points are deemed accessible.
               (ii) Negative pressure test – to test for negative pressure that ensures CO is not being drawn into living spaces via flue or chimney – for open flues type appliances only, as required.
              (iii) CO spillage test - a CO spillage test on all gas heating appliances and internal hot water systems according to the standards set by Energy Safe Victoria – including CO tests for ducted heating units.
              (iv) Replacement of faulty items – replacement of up to four (4) faulty or damaged thermocouples and four (4) protective coating of synthetic pipework.
              (v) Check of the Enrolled Property against the applicable Australian Standards.
              (vi) Provision of advice and/or a quote for rectification works if required.
              (vii) Service warranty – twelve (12) month warranty on any serviced Gas Appliances repaired or installed by SAS as set out in our Standard Operating Procedures.
              (viii) Gas Safety and Compliance Report – a Compliance Certificate will be provided in accordance with section 221ZH of the Building Act 1993 (Vic) once any gas rectification works are completed by you at your cost. A Compliance Certificate provides insurance for the consumer against defective workmanship for a period of six (6) years. It does not cover warranty on materials or actual Gas Appliance serviced (which is the manufacturer’s responsibility).
       (f)    The Gas Safety Check involves a visual inspection and test of Gas Installations installed and Accessible at the time of the inspection. Gas Appliances that are not Accessible will be noted and recorded to the best of our ability. CO testing will still be provided and recorded at accessible outlets of ducted heaters as required by Law.
       (g)    Neither SAS nor their contractors are liable for:
               (i) any change in the condition of Gas Installations occurring after the date of the inspection;
               (ii) any Gas Installations that were not Accessible or not installed at the time of the inspection.
       (h)    A gas safety and compliance report and negative pressure and CO spillage report (if applicable to the appliances) will be issued after each scheduled Gas Check is completed.
       (i)    If we identify a Gas Installation fault, we may need to turn off the gas supply to the Enrolled Property in order to rectify the issue or fault. If we a required to turn off the gas to the Enrolled Property, we will also be required (and you authorise us) to notify Environmental Services Victoria.

13.6 Additional Gas Services
       (a)    For each Enrolled Property subscribed under the fully paid and active Home Safe Solutions Service, SAS will reattend the Enrolled Property up to one (1) additional time after the Initial Inspection for free within the twenty four (24) month service period, for any gas safety issue(s) relating to a Gas Appliance checked during the Initial Inspection and will replace faulty or defective items, limited to up to:
               (i) four (4) faulty or damaged thermocouples; and/or
               (ii) two (2) protective coatings of synthetic pipework.
       (b)    Despite clause 13.6(a) above, SAS is not required to replace or repair any Electrical Item which has been damaged by you, a tenant, occupant or invitee of the Enrolled Property or any Third Party (other than Checkmate) following any repair or replacement by SAS.
       (c)    We are not required to provide this additional Service if the relevant Home Safe Solutions Service Package under which the Enrolled Property is subscribed is terminated.
       (d)    If you require us to reattend the Enrolled Property under this additional Service in excess of the one (1) free return visit included under this additional Service, we will charge (and you must pay SAS on demand) a call-out fee plus materials.

13.7 Additional Service Offering
       (a)    SAS offer a cleaning of Gas Appliance filters as an add-on (at an additional cost of $10 per Gas Appliance) in the Home Safe Solutions Service Package where requested by you or your Agent prior to a scheduled inspection of the Enrolled Property.
       (b)    This service includes (depending on which Gas Appliances we are notified are to be cleaned):
                (i) Cleaning Gas Appliance filters of dust and debris during the inspection process.
                (ii) Removal of Gas Appliance filters and cleaning built-up dust and fluff from filters on space and wall heaters.
                (iii) Clean and clear debris and foreign materials from hot water services.

14. SUSPENSION OR TERMINATION


14.1 Termination by you without cause
       (a)    You can terminate your subscription for a Package at any time by providing us with at least seven (7) days written notice. Subject to clause 14.1(b) below, on termination, the Property will cease to be an Enrolled Property and will automatically become an Excluded Property.
       (b)    On termination of a subscription pursuant to clause 14.1(a) above, you will continue to have access to the Package Services until the end of the applicable billing period immediately preceding termination however, automated inspections will cease and Work Orders for Services will need to be submitted.
       (c)    To the extent permitted by the Law, if you cancel a subscription in accordance with clause 14.1(a) above, the Annual Fee is deemed non-refundable and SAS is not required to provide you with a refund or credit for any partial Package periods or prepaid but unused Services.

14.2 Termination by Agent
       (a)    If an Enrolled Property begins to be managed by a person other than the Agent, you or your Agent may terminate this Agreement by written notice to us.
       (b)    Where this Agreement is terminated by your Agent pursuant to clause 14.2(a) above, you unconditionally and unequivocally:
               (i) warrant to us that the termination by your Agent was authorised by you (whether pursuant to the terms of the appointment or otherwise);
               (ii) authorise and direct your Agent (whether pursuant to the terms of your appointment or otherwise) to pay to us any unpaid Annual Fees or other amounts accrued (but unpaid) under the terms of this Agreement as at the date of termination;
              (iii) without limiting clause 14.8 below, indemnify us, and will keep us indemnified, for all unpaid Annual Fees or other amounts due to us as at the date of termination and which are not paid to us by your Agent pursuant to clause 14.2(b)(ii) above; and
              (iv) indemnify us for any amounts owed or owing to us, including any costs or additional charges to recover such amounts.
       (c)    To the extent permitted by Law, if you or your Agent terminate this Agreement in accordance with clause 14.2 above, the Annual Fee is deemed non-refundable and SAS is not required to provide you with a refund or credit for any partial Package periods or prepaid but unused Services.

14.3 Termination by SAS without cause
       (a)    SAS may terminate this Agreement in its absolute discretion by giving you thirty (30) days’ written notice of its intention to do so.
       (b)    If this Agreement is terminated pursuant to clause 14.3(a) above:
               (i) subject to clause 14.3(b)(ii) below, we may cease providing the Services to you;
               (ii) we will wind up our Services in an orderly fashion as is reasonably required to ensure the Enrolled Property is, in our reasonable view, ready to be enrolled with a competitor service provider (whether you engage a competitor service provider or not);
              (iii) we will notify you once the Enrolled Property is, in our view, ready for transfer to a competitor service provider (Transfer Date); and
              (iv) from the Transfer Date, we are no longer under any duty or obligation to provide any Services, attend the Enrolled Property or undertake any work in connection with the Enrolled Property and have no further Liability to you in this regard.

14.4 Deemed Termination
Without limiting our rights under clause 14.5 below, if you do not pay the Annual Fee:
       (a)    by the due date, we will immediately suspend your Services from the due date for payment until payment is made in full; and
       (b)    if the Annual Fee is not paid within ninety (90) days after the due date for payment, this Agreement is deemed terminated without notice to you.

14.5 Termination by SAS with cause
       (a)    Despite anything to the contrary in this Agreement and to the maximum extent permitted by Law, we may immediately suspend your Services or terminate this Agreement where any of the following occurs:
               (i) you do not pay the Annual Fee or any other money due under this Agreement or in respect of the provision of the Services by the due date;
               (ii) you or your Agent breach any term of this Agreement in a material respect; or
               (iii) without limiting clause 14.5(a)(ii) above, you or your Agent breach any of the provisions of clause 4 of these Terms (provision of information).
       (b)    To the extent permitted by the Law, if we cancel this Agreement in accordance with clause 14.5(a) above, the Annual Fee is deemed non-refundable and SAS is not required to provide you with a refund or credit for any partial Package periods or prepaid but unused Services.

14.6 Suspension of Work Orders
       (a)    Without limiting any other provision of this Agreement, we may suspend a Work Order and place the Work Order on-hold if:
               (i) you or your Agent breach any of the terms of this Agreement in a material respect;
               (ii) you have not promptly provided your instructions, information, documentation, approvals, or authorisations in accordance with this Agreement;
               (iii) you notify us in your Work Order (or it comes to our attention) that the Enrolled Property is subject to a New Lease and you have not provided the incoming tenant with a Smoke Alarm Compliance Report prior to the commencement of the New Lease as required by the relevant Smoke Alarm Laws; or
               (iv) you have not taken steps we have reasonably advised you to take to ensure that your Smoke Alarms and Smoke Alarm System complies with the relevant Smoke Alarm Laws.
       (b)   If a Work Order is on-hold then despite the submission date or due date on your Work Order, that Work Order will not be accepted but will be registered as 'on-hold'. We will notify you (or your Agent) that your Work Order has been put on-hold, and the reason for that hold.
       (c)    When you have remedied the reason for Work Order being on-hold to our satisfaction:
               (i) we will accept your Work Order and remove it from being on-hold;
               (ii) the submission date of your Work Order will be the date on which we remove your Work Order from being on-hold;
               (iii) the due date under the Work Order will be:
                     (A) not less than (7) days after the new submission date; or
                     (B) the number of days after submission stipulated on the Work Order, but calculated from the new submission date;
                (iv) Service delivery will resume in accordance with this Agreement.

14.7 Termination on Sale
       (a)    If you intend selling an Enrolled Property you must notify us of your intention before you enter into the sale contract.
       (b)    The sale of an Enrolled Property terminates this Agreement automatically on the date that is one (1) day before the sale contract is signed (regardless of whether you notify us).
       (c)    Such termination is deemed a termination by you without cause and if the Enrolled Property was being managed by your Agent, then the notice of your intention to sell or the sale contract is deemed to be a notice by your Agent that the Enrolled Property is no longer managed by that Agent as at the date that is one (1) day before the sale contract is executed.
       (d)    A Smoke Alarm Compliance Report not issued specifically for the purposes of the sale of the Enrolled Property cannot be used for the purposes of a sale.
       (e)    SAS are not liable for (and you release us from all Claims and Liability) as a consequence of any failure by you to comply with your obligations at Law to any purchaser of a Property (including without limitation any failure by you to provide a Smoke Alarm Compliance Report or any other documentation to the relevant purchaser as required by Law or pursuant to the sale contract).

14.8 Consequences of Termination or Suspension
       (a)    On termination of this Agreement for any reason, SAS will be entitled to recover from you (or your Agent) any unpaid Annual Fees or other amounts accrued (but unpaid) under the terms of this Agreement as at the date of termination and you must pay those amounts to SAS on demand as a liquidated debt.
       (b)    From the date of termination of this Agreement or during any period of suspension of the Services pursuant to this Agreement (including where a Work Order is registered as on-hold):
               (i) subject to clause 14.1(b) above, we may cease providing the Services to you and are no longer under any duty or obligation to provide Services or attend the Enrolled Property;
              (ii) we accept no Liability or risk regarding your compliance obligations at Law or in respect of 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
              (iii) you immediately assume and accept all risks and Liability associated with the Serviced Equipment and your compliance obligations at Law.

15. FORCE MAJEURE


15.1 In this clause the following words have the following meaning:
Covid-19 Pandemic means the Covid-19 coronavirus pandemic as established by the World Health Organisation, and includes all regulations, sanctions, travel restrictions, forced closures, lockdowns, self-isolation, quarantine or other pandemic protocols, directions or unforeseen circumstances imposed by any government authority in respect of or in connection to the Covid-19 coronavirus pandemic.
Force Majeure Event means any occurrence or omission outside SAS’ reasonable control as a direct or indirect result of which SAS is prevented from or delayed in performing its obligations under this Agreement (other than a payment obligation), and includes (without limitation) an act of God or a disaster (whether natural or man-made) including fire, flood, lightning or earthquake, riot, civil commotion, act of public enemies, national emergency (whether in fact or in Law) or government declaration or direction, epidemic, pandemic (including the Covid-19 Pandemic) or quarantine restriction, supply shortage or strike, lock out, stoppage, labour dispute or shortage including industrial disputes involving SAS’ suppliers.

15.2 SAS will not be in breach of this Agreement or liable for any failure or delay in the performance of its obligations under this Agreement (other than a payment obligation) to the extent that the failure or delay is wholly or partially caused by a Force Majeure Event or any act or omission of yours or your Agent.

15.3 If the Services are no longer capable of being performed within a reasonable time after the Force Majeure occurs:
       (a) SAS may terminate this Agreement by written notice to you or your Agent and this Agreement will be at an end;
       (b) you must immediately discharge all of your financial and other obligations under this Agreement up to the date of termination of this Agreement; and
       (c) the provisions of clause 14.8 of these Terms apply.

16. WARRANTIES


16.1 Our goods and Services come with guarantees under the Australian Consumer Law and which cannot be excluded under the Australian Consumer Law.

16.2 For major failures with our Services, you are entitled:
       (a)    to cancel your agreement with us (including your subscription Package);
       (b)    to a refund for the unused portion of your subscription Package, or to compensation for its reduced value.

16.3 You are also entitled to choose a refund or replacement for major failures with goods supplied by us.

16.4 If a failure with the goods or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for Services and obtain a refund of any unused portion.

16.5 You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

16.6 Except as provided under the Australian Consumer Law or as otherwise specifically provided in this Agreement, SAS do not give any warranty in relation to the performance or non-performance of the Services. If apart from this clause any warranty is provided under any Law or would be implied at Law, that warranty is excluded to the fullest extent permitted by Law.

17. LIMITATIONS ON LIABILITY


17.1 Certificates and other reports
       (a)    You acknowledge and accept that:
                (i) any Smoke Alarm Compliance Report and all other information, advice or material we provide to you in the supply of the Services:
                   (A) is provided for guidance purposes only to enable you to make an informed decision as to what steps (if any) are required to ensure the Smoke Alarm System complies with existing or future Smoke Alarm Laws and in regard to any future maintenance or compliance requirements needed in respect of the Smoke Alarm System.
                    (B) does not constitute legal advice;
               (ii) you are responsible for obtaining your own legal advice with respect to any information, advice or material we provide to you in connection with the supply of the Services (including any obligations at Law that you may have with respect to the Smoke Alarm System).
       (b)   Unless otherwise agreed in writing, we accept no responsibility for any Loss resulting from the use of documents (including any Smoke Alarm Compliance Reports) otherwise than in the form supplied by us or in any circumstances other than those for which they were prepared.

17.2 Limitation of Liability
       (a)    To the extent permitted by Law, the following limitations apply to any Claims by you or your Agent in respect of or arising from the Services or a breach of this Agreement by SAS (or any principals, directors, partners, employees, staff or consultants of SAS):
               (i) The matter giving rise to the Claim or the breach must be discovered within, and the Claim notified to SAS on or before the earlier of the expiration of one (1) year after the termination of this Agreement or completion of the Services.
              (ii) The maximum liability of SAS will not, in aggregate, exceed an amount equivalent to the amount of fees actually paid by you to us for the Services.
       (b)    SAS and its principals, directors, partners, employees, staff and consultants are not liable in respect of any Claim or any indemnity set out in this Agreement to the extent that the Loss giving rise to the Claim:
               (i) is recovered by you under another Claim relating to the same subject matter or is made good or otherwise compensated for without cost to you;
               (ii) is recovered or recoverable by you under any contract of insurance;
               (iii) is Consequential Loss;
               (iv) arises out of anything done or omitted to be done by, or with the prior approval of, you or your Agent; or (v) is caused in any way from any failure by you or your Agent to act in accordance with our reasonable advice, incorrect information or improper instructions from you or your Agent, fraudulent, wilful or mistaken acts or omissions, misrepresentations or default on your part (or those of your Agent or those acting on your behalf or through you).

17.3 Liability personal to SAS
To the extent permitted by Law, any Liability for any Loss suffered or incurred by you arising as a result of the provision or non-provision of the Services is the Liability of SAS and you undertake that you will not bring or allow to be brought any Claim against any of our principals, directors, partners, agents, consultants or subcontractors or any of their respective staff, principals, partners, directors, agents, consultants or sub-contractors.

18. RISK AND OWNERSHIP


18.1 The Enrolled Property and any improvements or property on the Enrolled Property remain entirely at your risk.

18.2 In respect of any products, materials or goods supplied by us (including without limitation, Smoke Alarms and all or part of any Smoke Alarm System) (Goods):
       (a)    those Goods remain the property of SAS and title in the Goods does not pass to you until payment for the Goods and associated Service has been paid in full;
       (b)    you bear the risk associated with the Goods from the time the relevant Goods are delivered to you or to the Enrolled Property.

18.3 Until title in the Goods passes to you in accordance with clause 18.2 above, you must:
       (a)    keep the Goods in your possession;
       (b)    keep and maintain the Goods in good working condition and take all reasonable and practicable steps to protect the Goods from damage;
       (c)    not assign, sell, transfer, change, pledge, encumber or deal with the Goods.

18.4 Without limiting any other right we may have, if you do not pay for the Goods or associated Services by the due date, we (or our agent) may (as your invitee) enter the Enrolled Property and retake possession of the Goods (at your cost). You release and indemnify SAS in relation to all Claims or Liability suffered or incurred arising from or in connection with SAS exercising its rights under this clause.

18.5 Except as expressly set out in this Agreement, Goods supplied by us are subject to the manufacturer’s warranty and any guarantees or warranties you are entitled to under the Australian Consumer Law (as the case may be) only.

18.6 We are not liable for any products, materials and services supplied by a venture partner or preferred provider (for example energy service suppliers).

19. MISCELLANEOUS


19.1 Time of the Essence
Time is of the essence of your obligations to pay amounts payable by this Agreement when due.

19.2 Privacy Policy
Any personal information that you give us will be held and may be used or disclosed by us in accordance with our Privacy Policy.

19.3 Severance
A clause or part of a clause of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining clauses or parts of the clause of this Agreement continue in force.

19.4 Variation
No variation, modification or waiver of any provision in this Agreement, nor consent to any departure by any party from any such provision, will be of any effect unless it is in writing, signed by the parties or (in the case of a waiver) by the party giving it. Any such variation, modification, waiver or consent will be effective only to the extent to or for which it may be made or given.

19.5 Contra Proferentem
The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.

19.6 Waivers
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

19.7 Governing Law
This Agreement is governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction in that place.

19.8 Relationship
Except where this Agreement expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties.

19.9 Electronic Communication
       (a)    The parties agree and acknowledge that their representatives may communicate utilising Electronic Communication and the Chapter 2, Part 3 of the Electronic Transactions (Queensland) Act 2001 (Qld) (ETA) applies. The parties acknowledge the method of determining the time and place of dispatch and receipt shall be determined pursuant to Ch 2 Part 3 of the ETA.
       (b)    You recognise and accept that the internet and Electronic Communications may not be secure and there are risks if sensitive information (including legal, personal or commercial information) is sent either to or by you using Electronic Communication.
       (c)    Where you provide us with an Electronic Communication address or number to which materials are to be sent or to be used for any communication or you use or continue to use any Electronic Communication in dealing with us you do so at your risk.
       (d)    You warrant that any Electronic Communication address or number provided by you to us is correct and you release us from (and indemnify us against) any Claims arising from or in connection with an incorrect Electronic Communication address or number provided by you.
       (e)    Where a communication from an Electronic Communication address or number that you provided to us indicates your intention in respect of the information communicated and you release us from (and indemnify us against) any Claims we or you may suffer or incur where we act on that Electronic Communication in good faith.
       (f)    You warrant that your arrangements and conduct, including with regard to your identity, passwords and electronic information management, are sufficiently secure and confidential to protect your interests and we are not obliged to take steps to verify or confirm Electronic Communications. We accept no Liability in connection with an Electronic Communication that does not originate from us or that originates from us in reliance on an Electronic Communication from you.

19.10 Confidentiality
Each party agrees to keep confidential, and not to use or disclose any confidential information of the other party provided to or obtained by that party before or after entry into this Agreement, except to:
       (a)    the parties’ legal, accounting, taxation and other professional advisors;
       (b)    any other party whom by law the party is compelled to make disclosure; or
       (c)    any other party where the written consent of all parties to this Agreement is obtained to make such disclosure.

19.11 Lawful conduct
You must comply with all applicable Laws and standards in respect of the Enrolled Property.