Terms of Service – Safety & Compliance Services
Thank you for using DCW Electrical PTY Ltd for your investment / owned property or properties.
Please read these terms (“Terms”) carefully as they apply to our provision to you of our safety and compliance
services, including smoke alarm, gas and electrical safety and compliance services and, where applicable, other
services that we provide from time to time at your Property By accepting any or part of our Services you
acknowledge and agree to be bound by these Terms.
We extent the right to modify the terms at any time, at our decision, including but not limited to terms relating to
fees and charges, cancellation and modifying the Services your Registered Property receives. You will be notified of
any changes to these Terms by us.
The Services
Your property is a Registered Property and will receive the Services during the Term in return for payment of the Fees as per the Fees Schedule.
Fees and Payment
The fees payable by you will be based on the Services the Enrolled Property is enrolled in and will be notified to you
by us or by your Agent at enrolment, together with these Terms.
You authorise your Agent to pay us on your behalf in respect of any Fees due.
Where your Property is enrolled with our service Package, Fees will be payable on or around the Commencement
Date and then on each anniversary of that date, unless you notify us of your decision to terminate the Services in
writing in accordance with the ‘Suspension and Termination’ paragraph below. You acknowledge that we may
adjust the Fees from time to time, but only with prior notice to you.
Where your Property is enrolled in one or more individual Services, Fees will be payable within thirty (30) days of
the invoice date without set off or deduction.
Suspension and Termination
You may choose to terminate the Services in respect of the Enrolled Property at any time by providing us with written notice. Upon termination, the property will cease to be an Enrolled Property and will automatically become an Excluded Property.
Notwithstanding anything else in these Terms and to the maximum extent permitted by Law, we shall immediately
suspend your Services where any of the following occurs:
- an invoice in respect of one or more of your properties remains unpaid after the specified due date.
- you or your Rental/Property Agent breach any of these Terms.
- you or your Agent fail to provide us with all necessary information for us to effectively and efficiently supply
the Services, and any products or materials, including without limitation notifying us of any changes to the
information already provided to us. - your instructions, information, documentation, approvals, or authorizations have not been provided to us in
accordance with these Terms, either by you or the Agent. - you or your Agent do not provide us with access to your property, including relevant contact details of any
tenant residing at your property, keys or right of access. - you or your tenant or Agent advise us that we may not enter the Property due to health concerns; and/or your
- you or your tenant or Agent advise us that we may not enter the Property due to health concerns; and/or your
Should we suspend the Services pursuant to these Terms, we may terminate these Terms by written notice to you
or your Agent.
Following Suspension or Termination
Upon the suspension or termination of the Services for any reason, your property is no longer eligible to receive the Services and is automatically deemed to be an Excluded Property, and you acknowledge and agree to the following:
- we shall be entitled to recover from you any Fees accrued with respect to the provision of the Services to you that remain unpaid as at the date of termination and such fees will become immediately payable.
- we accept no risk regarding your compliance obligations at Law or the installation, repair or ongoing maintenance of the items of plant or equipment that we are required to ordinarily test and/or maintain as part of the Services (“Serviced Equipment”); and
- you immediately assume and accept all risks at Law associated with the Serviced Equipment and your compliance obligations at Law.
In the event that these Terms are terminated by your Agent because your property is no longer managed by your
Agent, then you agree and undertake to indemnify your Agent for any fees payable to us.
Restrictions and Exclusions
The extent of our obligations with respect of the Services is to ensure they are:
- provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage.
- fit for the purpose or give the results that you had agreed to; and
- be delivered within a reasonable time when there is no agreed end date,(collectively, “Statutory Warranties”).We are liable to you for:
- any damage to your property which has been caused by the fault, negligence or fraud by us or our personnel during the conduct of the Services; and
- death or personal injury caused by us or our personnel.
- If you have contributed to any loss or damage you are claiming against us, our liability is reduced to the extent of your contribution.(collectively, “Our Agreed Liabilities”).Subject to your rights under Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited by us, you acknowledge and agree as follows:
- we do not give any warranty nor accept any liability in relation to the performance or non-performance of the Services outside of the Statutory Warranties or Our Agreed Liabilities, and if any warranty would be implied by law, custom or otherwise, that warranty is excluded to the fullest extent permitted by law.
- we are only liable to you for those Services which you or your Agent have validly enrolled in pursuant to these Terms and we disclaim all liability or responsibility for Services in which you or your Agent have failed or neglected to validly enroll.
- we disclaim all liability for all indirect or consequential losses, loss of profits, loss of business, loss of revenue,
loss of data or the poor performance or nonperformance of our systems, loss of use or value of equipment, loss of anticipated earnings or savings, in connection with: (A) the provision of the Services; or (B) your use of or reliance upon any of the information provided by us to you in carrying out the Services that does not form part of these Terms; and - we will provide the Services within a ‘reasonable time frame’, having regard to the uptake and demand for the
provision of the Services. You acknowledge and agree that the provision of dates by which Services will be provided is done on a best endeavors’ basis and nothing in these Terms is to be treated as a guarantee by us that we will provide any Services by any fixed date or time. To the maximum extent permitted by Law, we will not be liable or deemed to be in default for any: - act or failure by us to act with respect to an Excluded Property, including the failure by us to provide Services with respect to such Excluded Property. On and from the date your property is deemed to be an Excluded Property, you agree to indemnify us for any claim, cost, action, liabilities, expense, loss or damage (including legal costs on a full indemnity basis) howsoever or wheresoever arising that we may suffer or incur including (without limitation) for (a) the injury or death of any person; or (b) damage to real or personal property; and
- delay or failure in performance or interruption of the delivery of the Services that may result directly or indirectly
from any cause or circumstance beyond our reasonable control. This may include (without limitation) events such
as the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect
problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural
disasters, strikes or other labor problems, wars, or governmental restrictions.
Limiting your Liability
You will not be liable to us for any indirect or consequential losses that we suffer as a result of a breach by you of these Terms.
Survival, Governing Law and Assignment
Those obligations under the subparagraph titled “Following Suspension or Termination”, the paragraph titled “Restrictions and Exclusions”, this paragraph and any other indemnities provided under these Terms survive the termination or expiry of these Terms.
The Terms and Service Terms are governed by the laws of Victoria in which your property is located. If part of these Terms and/or Services Terms is not legally enforceable, that part will be cut from these Terms and/or Services Terms and all other parts of these Terms and/or Services Terms shall continue.
You may transfer or assign your rights under these Terms (where those rights are assignable). We may transfer or assign some or all of our rights and/or obligations under these Terms and Services Terms.
Legal Advice
You agree that any information, advice or material we provide to you in the supply of Services by us is for guidance purposes only and does not constitute legal advice. You are responsible for obtaining your own legal advice with respect to any such information, including any obligations at Law that you may have with respect to the Serviced Equipment.
These Terms were last updated on 17 March 2021.
Schedule: Service Terms
- Smoke Alarm Safety & Compliance Service
- Gas Safety & Compliance Service
- Electrical Safety & Compliance Service
1. Smoke Alarm Services & Compliance Services Your obligations under the Law
This Schedule includes the Service Terms for the annual Smoke Alarm Safety & Compliance Service (“Scheduled Smoke Alarm Service”) and the Guarantee Services (collectively, “Smoke Alarm Services”).
The Service Fee for each Scheduled Smoke Alarm Service is $90 (plus GST). Reference to “Smoke Alarm” means collectively, any or all of the following:
- A smoke alarm or detector that is detachable, portable, battery powered smoke alarms (“Wireless Smoke Alarm”).
- A smoke alarm or detector that is 240v mains powered and is hard wired to the mains (“Wired Smoke Alarm”); and
- A smoke alarm or detector that is linked to a security system or fire indication panel (“FIP Linked Smoke Alarm”).
Scheduled Smoke Alarm Service
For each Property that is enrolled in the Smoke Alarm Services (and is not an Excluded Property), we will (subject to fulfilment of your obligations under the Terms) ensure that a Scheduled Smoke Alarm Service is carried out at least annually, which shall include (but is not necessarily limited to):
- Conducting an annual maintenance check on each Smoke Alarm, which includes cleaning, running smoke and button tests and checking status relative to each Smoke Alarm’s expiry period.
- Conducting an annual Smoke Alarm battery check for all Smoke Alarms at a Property.
- Assessing positioning and functionality of each Smoke Alarm as against requirements at Law and identification of any installed Smoke Alarm that is excess to such requirements (‘Excess Smoke Alarm’);
- Replacing or rectifying non-compliant, faulty or expired Smoke Alarms (expressly excluding Excess Smoke Alarms and FIP Linked Smoke Alarms). In some circumstances, replacing a Wired Smoke Alarm may require a qualified electrician to attend the property. Where this is required, a qualified electrician will be booked to attend to install a replacement at no additional cost to you. Where the Wired Smoke Alarm is non- compliant or faulty, a temporary Wireless Smoke Alarm will be installed close to the position of the faulty Wired Smoke Alarm pending the electrician attendance; and
- Creating a report in respect of each Smoke Alarm Service and maintaining a photo database with time/date/location stamps of all Smoke Alarms (in accordance with our Privacy Policy). In the event of an incident at a property, digital records are available as an audit trail of the Smoke Alarm Services provided.
Guarantee Services
For each Property that has received the Annual Service (and is not an Excluded Property), call out and rectification costs for all Smoke Alarms (excluding Excess Smoke Alarms and FIP Linked Smoke Alarms) (“Guarantee Services”) will be provided at no charge to the Owner for 12 months following each Scheduled
Smoke Alarm Service (“Service Guarantee”) provided by us. For the sake of clarity, if a Property is or becomes an Excluded Property in respect of the Smoke Alarm Services for any reason, the Service Guarantee is void from that date.