Terms & Conditions

1. 1. DEFINITIONS
      • • Parties

      Customer means the party retaining Seymour Consultants Services

      Seymour Consultants means Seymour Consultants Pty Limited ABN/ACN: 589159001395

      Mail

      PO Box 517 Oxenford Qld 4210

      Phone

      07 5573 4011

      Facsimile

      07 5573 4066

      Email

      This email address is being protected from spambots. You need JavaScript enabled to view it.
      [email protected]

      Website

      www.seymourconsultants.com.au
      • General definitions
      • Business Day means a day other than a Saturday, Sunday or public holiday in Queensland.
      • Claim includes any action, suit, proceeding, application or demand of any kind.
      • Contractmeans any signed contract or official engagement and includes these General Terms and Conditions and the Schedules.
      • Latent Defectmeans a defect, deficiency or failure of any kind, including in materials, workmanship or design, which deficiency or failure is not reasonably discoverable or detectable by Seymour Consultants on inspection, having regard to any relevant matter including without limitation, the nature and type of the defect, deficiency or failure, its location and/ or the extent of the Services.
      • Low means the law in force in the State of Queensland or any place where the Services are to be performed under the contract or engagement, and includes common or customary law, equity, judgment, legislation, orders, regulations, statutes, by-laws, ordinances or other legislative or regulatory measures and includes any amendment, modification or re-enactment of them.
      • Personnelmeans:
      • In relation to Seymour Consultants, any of its employees, Subcontractors, agents and representatives involved either directly or indirectly in the provision of the Services under the Contract or engagement;
      • In relation to the Customer or a member of the Customer, any of its officers, committee members, employees, contractors, agents or representatives.
      • Reportmeans any final report produced by Seymour Consultants or its Personnel for submission to the Customer under the Contract or engagement.
      • Services means the services to be provided under the Contract or engagement.
      • Sitemeans the Customer location at which Seymour Consultants is to perform certain parts of the Services.
      • Liabilitymeans any loss, damage, liability, charge, expense, outgoing or cost, whether direct or indirect (including without limitation consequential, special or liquidated damages and loss of profits) and in relation to a Claim, Liability includes amounts payable on the Claim and (whether or not the Claim is successful) legal costs and disbursements on a full indemnity basis.
   2. WARRANTY & (IF APPLICABLE) CONSUMER GUARANTEE

2.1

Warranties or Consumer Guarantees as to Services
Seymour Consultants warrants that the Services will be provided (i) with due care and skill; and (ii) in substantial conformity with any Australian Standard or legislation. To the extent that the non-excludable provisions of the Australian Consumer Law (ACL) in Chapter 3 Part 3-2 Subdivision B (consumer guarantees relating to the supply of services) apply to any Services supplied by Seymour Consultants under this Contract, Seymour Consultants agrees to comply with such provisions.

2.2

Warranty as to authority
Each party represents and warrants to the other that:

• it has full legal capacity, power and authority to enter into a contract or engagement and to carry out the transactions that the contract contemplates
• it holds each authorisation that is necessary or desirable to: (i) (as applicable) provide or receive the Services under the Contract, including any Government Authorisations required under any applicable Law; or (ii) enable it to properly execute the contract and to carry out the obligations that the contract contemplates;
• it is complying with any conditions to which any of these authorisations is subject

1. 1. INDEMNITY

3.1

Acknowledgment
The Customer acknowledges that Seymour Consultants and its Personnel are invitees to the Site, and as such, the Customer agrees that it controls Site safety and so bears the risk of Seymour Consultants and its Personnel entering upon its Site for the performance of the services and all matters incidental or necessary thereto.

3.2

Subject to clause 3.3, the Customer will indemnify (and will keep indemnified) Seymour Consultants and its Personnel (Indemnified Person) from and against all Liabilities that any Indemnified Person suffers, sustains or incurs, arising from any one or more of:

(a) any act or omission by the Customer or its Personnel arising out of or in any way related to the services, including: (i) the loss of or damage to any real or personal property; and (ii) death or injury to an Indemnified Person and any other person;
(b) any breach of the services
(c) any claim by another person that the Customer’s exercise of its rights or Seymour Consultant’s performance of its obligations under the Contract or engagement infringes that person’s Intellectual Property; and
(d) any penalty imposed for breach of any applicable Law in connection with the provision of the Services.

3.3

Exclusions
The Customer’s liability is reduced proportionately to the extent that the liability was directly caused by the negligence of Seymour Consultants.

3.4

Indemnity continuing
Each indemnity in the Contract or engagement is a continuing obligation separate and independent from the parties’ other obligations and survives termination of the Contract.

3.5

No requirement for expense before enforcing indemnity right
It is not necessary for Seymour Consultants or its Personnel to incur expense or make payment before enforcing a right of indemnity conferred by this Contract.

1. 1. LIMITATION OF LIABILITY

4.1

Express Warranty Limitation
Seymour Consultants limits its liability for any failure to comply with its express warranty to:
(a) the supplying of the Services again; or
(b) the payment of the cost of having the Services supplied again.

4.2

Limitation where ACL Applies
To the extent that the Services are not services of a ‘kind ordinarily acquired for personal, domestic or household
use or consumption’ such that section 64A of the ACL applies, then Seymour Consultants limits its liability for failure to comply with a guarantee to:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.

4.3

No Liability
To the extent permitted by Law, Seymour Consultants is not liable to the Customer for any Liability including
without limitation:
(a) loss of revenue;
(b) loss of reputation;
(c) loss of profits;
(d) loss of opportunity;
(e) indirect or consequential loss;
(f) loss in connection with any Claim against the Customer by any person, including its Personnel; or
(g) loss in connection with any fact, matter or thing which is:
I. not identified, investigated, referred to or advised upon in any Report produced by Seymour Consultants; or
II. (ii) where it is so identified, investigated, referred to or advised upon, it is done so in a manner which is incomplete, incorrect or inaccurate;
as a direct or indirect result of: (A) the extent and nature of the stipulated Services or the Scope & Limitations of Services; or (B) any Latent Defect; or (C) any Environmental Harm; or (D) any corrosion or related defects; or (F) any failure by the Customer to provide or procure reasonable access for Seymour Consultants to any part of the Site; or (G) any negligent act or omission of the Customer or its Personnel (including without limitation, any failure to provide Seymour Consultants with all necessary documentation (such as building plans and financial statements or information (such as the building issues)
HOWSOEVER caused and suffered or incurred by the Customer or its Personnel, whether in connection with this contract or the services or otherwise.

4.4

No Liability for third party reliance or works
The Customer acknowledges that:
a) it is responsible for all matters pertaining to any works or services to be conducted by itself or any third party arising out of, in any way, in relation to the content of any reports;
b) Seymour Consultants and its Personnel have no Liability for any works performed or any negligent act, omission or reliance placed upon the Reports by any third party whatsoever.

4.5

Other excludable warranties
The contract or engagement does not exclude or in any way limit any non-excludable consumer guarantees, warranties, terms or conditions which are implied or imposed by force of law. All excludable guarantees, warranties, terms and conditions are hereby, expressly excluded.

4.6

Clause to Prevail
In the event of any conflict or inconsistency with any other clause of this deed, this clause 4 shall prevail.

1. 1. SITE ACCESS

The Customer must ensure that the Site is safe and complies with all Laws. In the event that the Site is not safe or fails to comply with Laws, the Customer agrees to disclose all relevant matters to Seymour Consultants in writing prior to the Commencement Date. Where such disclosure is made subsequent to the execution of the Contract or engagement and will entail additional costs to Seymour Consultants, the Customer acknowledges and agrees that Seymour Consultants may increase the agreed price accordingly. Where requested by the Customer and to the extent permitted by Law, such information disclosed shall be treated as Confidential Information by Seymour Consultants.

1. 1. SUBCONTRACTORS AND PERSONNEL

6.1

Subcontractors

• Seymour Consultants may at its option, subcontract the supply of any of the Services provided.
• Seymour Consultants remains fully responsible to the Customer for providing the Services even though Seymour Consultants may have subcontracted the performance of any part of the service.

6.2

Personnel to be properly qualified
Seymour Consultants agrees to engage or employ Personnel to provide the Services who:

• are suitably qualified and experienced to perform the duties allocated to them;
• hold all necessary Government Authorisations in accordance with the requirements of the Law and as set out in the Contract or engagement.
• have been assessed by Seymour Consultants as possessing all competencies relevant to the duties they are expected to perform.

1. 1. INSURANCE

Seymour Consultants will maintain insurance policies protecting the employees and property of Seymour Consultants as it deems reasonably necessary, including without limitation: (i) workers compensation insurances; (ii) public liability and product liability insurance with respect to bodily injury and property damage.

1. 1. PAYMENT TERMS

8.1

All invoices are to be paid within fourteen (14) days of being issued.

8.2

All payments must be made by the facility available by Seymour Consultants to the Customer. Payments may be made by Cheque or Electronic Funds Transfer direct to the account details provided.

8.3

It is the responsibility of customer to review each Tax invoice and report any issues immediately to Seymour Consultants.

8.4

Seymour Consultants will take reasonable steps to resolve any payment queries within 30 days of the query.

8.5

Claims for payment for services provided by Seymour Consultants to the customer will be made under the Building & Construction Industry Payments Act 2004 (QLD).

8.6

Seymour Consultants reserve the right to report overdue or payment defaults to a credit reporting authority.

8.7

The Customer agrees to pay any fees, costs (including legal costs on an indemnity basis) and charges incurred by Seymour Consultants to recover any funds due to Seymour Consultants pursuant to these terms.

1. 1. QUOTATIONS

9.1

All quotations are valid for 90 days from the date of Issue.

9.2

All quotations are limited to the scope and context of the services to be supplied as per the quotation and by the general terms and conditions available at the date of issue from Seymour Consultant’s website.

9.3

No additional works beyond the quotation will be undertaken without prior approval.

9.4

Further consulting or clarification regarding report content and conclusions that may arise will be limited to telephone or email advice and may result in additional further costs.

9.5

Special requests for meetings or ongoing requests for additions or amendments beyond the scope of agreement are not included in the quotation and will attract additional charges.

9.6

Whilst every effort has been made to ensure the accuracy of information supplied in a quotation, Seymour Consultants will not be held responsible and extends no warranties as to the suitability of such information or for the consequences of its use.

1. 1. SERVICES LIMITATIONS

Seymour Consultants agrees to provide the Services to the Customer in accordance with the Contract. Seymour Consultants will supply the Services: (i) substantially in accordance with the Contract; (ii) with due care and skill; and (iii) in accordance with reasonable instructions or directions given by the Customer. Seymour Consultants agrees to furnish, undertake or provide all such works, supervision, testing, labour, Personnel, materials, supplies and equipment (if any) specified in the Contract as necessary to provide the Services. Any unspecified or additional services, supervision, testing, labour, Personnel, materials, supplies and equipment are at the Customer’s additional cost. No variation to the Services shall apply unless agreed to by the parties in writing.

1. 1. SAFETY AND GENERAL SERVICES SCOPE AND LIMITATIONS

11.1

Scheduled appointment times cannot be guaranteed and therefore an approximate time will be scheduled for an appointment. Seymour Consultants’ schedule may vary on the day of inspection and should these circumstances occur, Seymour Consultants will make a reasonable attempt to notify the nominated contact of the changed time.

11.2

In the interest of protecting the environment, reports will be sent electronically to the client. An additional cost of $10 – 00 including GST will apply to the printing and postage of hard copy reports. Please note this does not apply to hard copy materials such as Fire Evacuation Plans and Asbestos Management Plans unless resupplying those plans.

11.3

All reports are subject to limitations that may occur on the day of the inspection. Examples of limitations may include, but are not limited to, inaccessible areas including locked areas, obstructed views or areas, environmental conditions, private property, elevated areas, areas not considered safe & practical i.e. roof tops, insufficient documentation or information provided by third parties, cavities, beneath floor coverings and elements of machinery not within the scope of the services to be provided.

11.4

Seymour Consultants conducts a visual inspection which is non-invasive and non-destructive. Seymour Consultants will inspect relevant areas and make an assessment based on visual observations at the time of inspection. In cases where invasive or destructive testing is required, these services will need to be agreed in writing.

11.5

Environmental conditions cannot be predicted and therefore the accuracy of the report and inspection is limited to conditions on the day of inspection. For example, different conditions may result in drainage insufficiencies and ponding of water which may not be visible on the day of inspection.

11.6

Seymour Consultants will not comment on any structure or fixture unless it is specifically within the scope of services to be provided. For example, a specific request is required for Seymour Consultants to engage an Engineer to conduct balustrade testing or preparation of an Engineers Building Condition report.

11.7

All inspections will be conducted during business hours and therefore the visual assessment is limited to the lighting conditions observed at the time of inspection.

11.8

An assessment of adequate and appropriate lighting is a specialised field of assessment and must be arranged as separate engagement by the client.

11.9

Safety Reports compiled by Seymour Consultants are intended to assist the client with their obligations under Work Health and Safety legislation. The reports are not all encompassing and the client may not effectively discharge their obligations under the act just by receiving the report. It is the responsibility of the client to ensure it meets its ongoing duty of care and complies with relevant legislation. It is the responsibility of the client to ensure that the recommendations are adopted and appropriate control measures are implemented.

11.10

Safety Services excludes advice in relation to manual handling, training personnel, safety management systems, first aid, noise management, policies and procedures, ergonomics, harassment, bullying, personal conflict, thermal comfort, Ultraviolet radiation, plant management, occupational hygiene and records management.

11.11

Generic documentation is available from Seymour Consultants to assist with development of ongoing safety procedures and processes. A safety inspection must be conducted at least every 12 months to ensure that the property is kept free of risk at all times. Seymour Consultants accepts no liability for the use of or intended use of supplementary documentation provided or consequences that may result from the use of such information.

11.12

Seymour Consultants inspections and reports are limited to the skills and qualifications of the person providing the report. Seymour Consultants services do not include the use of specialist qualifications unless specifically requested or provided within a scope of the requested services. For example, Seymour Consultants does not conduct a physical assessment of an Electrical Switchboard or make an assessment as to the operational function of firefighting equipment. Seymour Consultants are not registered and licensed plumbers and therefore do not conduct a thorough assessment as to the suitability of drainage systems.

11.13

Inspections of mechanical equipment are limited to visual observations at the time of inspection and Seymour Consultants will assume that all mechanical equipment has been maintained in accordance to relevant standards. Seymour Consultants may request access to all maintenance documentation to verify ongoing maintenance, however is not qualified to comment on the suitability of maintenance standards applied to mechanical plant.

11.14

Seymour Consultants assumes that the property has met all Federal, State and Local building requirements and relevant Australian standards.

11.15

Seymour Consultants may rely on information provided by the client and/or third parties without independently verifying that information. On this basis the report and final conclusion is limited to the accuracy and completeness of information provided.

11.16

Seymour Consultants do not check surfaces for slip resistance unless specifically agreed. Slip resistance of in-situ floor surfaces are affected by a variety of factors including the actual condition of the floor surface, the presence of any liquid and the type of footwear being worn, it would not be accurate to objectively define the slipperiness of a surface unless a slip resistance test was carried out under the auspices of AS 4663:2004 Slip Resistance measurement of existing pedestrian surfaces.

11.17

Comments on the condition of glass are limited to a visual inspection on the day of inspection and are limited to glass that requires obvious replacement. Not all building elements containing glass will be visually inspected and the Inspector will only observe a sample at the time of inspection.

11.18

Seymour Consultants does conduct Balustrade Testing as a specialised service which requires more comprehensive testing. This type of testing will only be conducted when specifically requested. All other services that provide an inspection of balustrades are limited to visual observations from ground floor only. We do not inspect all balustrades. The balustrades are inspected for any obvious defect and any non-conformance to the building regulations in place at the time of construction.

11.19

If an inspection is arranged on a scheduled day and for whatever reason Seymour Consultants attends the property but the inspection cannot be conducted, a flat fee of $250 including GST to cover administration and travel expenses will apply.

1. 1. ASBESTOS SERVICES SCOPE AND LIMITATIONS

12.1

Seymour Consultants will not make comments about the presence of Asbestos unless specifically agreed.

12.2

Seymour Consultants carries out a visual, non-destructive, non-intrusive assessment. It is not possible to comment on the state of hidden contents within walls. If Asbestos materials are thought to be concealed within an inaccessible area, duct or cavity, Seymour Consultants will report its concerns. Seymour Consultants service fee includes taking one sample. Additional samples are charged at an additional rate of $60 per sample. In all circumstances Seymour Consultants prefers not to disturb asbestos, particularly asbestos in a good condition. Seymour Consultants will only take a sample, using prescribed methods, if the presence of Asbestos cannot be visually identified at the time of inspection.

12.3

In some cases Seymour Consultants may recommend the removal of Asbestos materials such as in roof sheeting, wall cladding, flooring or wall sheeting in poor condition.

12.4

In accordance to the National Code of Practice for managing Asbestos in the Workplace, in circumstances where Asbestos is identified, an Asbestos Management Plan is strongly recommended. A quotation for the Asbestos Management Plan, including labels for identifying the location of Asbestos will be supplied on completion of the report.
If you would like Seymour Consultants to revisit the property site, additional charges will apply.

12.5

The inspection of individual lots is generally outside of the scope of services provided and therefore the report is limited to accessible common property.

12.6

Seymour Consultants can inspect individual lots for an additional fee and will prepare one report that includes both common property and the individual lots nominated for inspection. Access to individual lots must be provided on the day of inspection.

12.7

Not all Asbestos doors and materials inspected will be sampled on the day of the inspection. Seymour Consultants as per the code, may presume that Asbestos exists in a door or materials. Once such presumptions are made about an inspected item, the item must be treated as containing Asbestos and the customer has the responsibility for applying reasonable control measures. Additional costs apply to additional samples.

1. 1. FIRE SAFETY SERVICES SCOPE AND LIMITATIONS

13.1

Seymour Consultants will visually inspect one typical unit door to determine whether unit doors are fire rated doors and will visually observe for any obvious faults or penetrations. This is on the basis that access is provided on the day of inspection.

13.2

The report does not satisfy Fire door requirements.

13.3

This report is not a written evacuation plan and does not constitute an annual review of the written evacuation plan. As such this should be conducted in conjunction with annual evacuation coordination practices and/or training. Preparation of written evacuation plans and coordination of evacuation practices/drill or training is
outside the scope of the report.

13.4

The report does not replace evacuation drill/training and record keeping requirements.

13.5

The report is intended for the Strata Manager and unit owners and is not intended for publication and distribution to third parties without the consent of Seymour Consultants.

13.6

The report does not provide the annual occupier’s statement. That may be obtained directly from your fire protection company or by Seymour Consultants upon request (Subject to additional fee charges). When completing an occupier statement, all fire maintenance records must be provided at the time of inspection or prior to inspecting the property.

13.7

The report does not include an inspection of smoke alarms, particularly smoke alarms contained within individual units.

13.8

The report is compiled with reference to the Building Fire Safety Regulation of 2008 and does make reference or comments about other regulations, legislation or building codes that may be applicable to the scheme.

13.9

Seymour Consultants is not qualified to identify physical critical defects such as non-functioning fire equipment and this should be carried out by a licensed fire equipment protection company.

13.10

Evacuation Coordination and Training may be provided on request. Seymour Consultants will arrange a suitable day and time to coordinate the evacuation training and drill and in most cases will deliver notices 7 days prior to the commencement of the training session or liaise directly with management to determine an agreed day and time. All evacuation drills and training will be recorded and maintained on the property site. In cases where no occupants, owners or residents arrive to attend the training session, the Trainer will wait up to 15 minutes before recording ” NIL” participation against the training record. Should this situation occur, we have no choice but to charge the full agreed fee due to the time involved in arranging an agreed time and date and for travel which is both time consuming and costly.  Participation at evacuation drills is not compulsory. Evacuation training and practices may be rescheduled at an additional cost.

13.11

Annual fire evacuation plan reviews as required by legislation may be conducted upon request. All accompanying documentation must be provided at the time of inspection or prior to the inspection for the services to be accurately completed. Seymour Consultants may provide an updated hard copy at an additional fee. The review is limited to a site inspection and review of relevant documentation. Additional costs such as replacement or altering of evacuation diagrams apply.

13.12

The installation of a log book services cabinet to store fire safety records may be provided upon request. The installer will determine the location and placement of the log book services cabinet. If a specific location is required, this must be communicated prior to, or, on the day of the installation.
Where Asbestos exists at a property, the Strata Manager or a nominated person must provide a copy of the
Asbestos Register prior to the installer carrying out the installation. Additional costs apply to relocating Log book services cabinet once installed.

13.13

High rise buildings generally require the appointment of an Accredited Fire Safety Advisor. Please consult Seymour Consultants directly should you require this service.

1. 1. INSURANCE VALUATIONS SCOPE AND LIMITATIONS

14.1

Costs not directly associated with the construction of the building will not be assessed. Examples of these include local authority and application fees, variation to the design of the existing buildings and works, holding charges and loss of revenue, land and legal costs, additional costs by shortage of labour and materials and widespread catastrophes.

14.2

The Insurance Valuation provided will be for insurance replacement valuation only and is not to be used as a market valuation.

14.3

The final valuation amount in the report is to be read in conjunction with the whole report and not to be taken from individual extracts alone.

14.4

The valuation is only for the use of the party to whom it is addressed and for no other purposes than those stated. No responsibility is accepted for any third party who may use or rely on information provided in the report.

14.5

The valuation will not take into consideration structural or building improvements to exclusive use areas as these are the responsibility of relative owner and must be insured separately by such owner.

14.6

An Insurance Valuation may change within short periods of time due to changed conditions such as inflation or new legislation. Any Insurance Valuation is current only as of the date of the Insurance Valuation indicated on the report.

14.7

Seymour Consultants accepts no liability for losses arising from changes to assessed value from the date of inspection from factors known by the insured which were not disclosed to Seymour Consultants.

14.8

The Insurance Valuation is limited to common areas and general internal layout of the building.

14.9

Additions by way of structural or material changes may require the assessed value to be updated. Seymour Consultants can only comment on the information provided prior and during the assessment. Any significant changes will alter the value and therefore it is the responsibility of the customer to ensure that the valuation remains accurate and appropriate.

1. 1. SINKING FUND FORECAST SCOPE AND LIMITATION

15.1

The estimates in the forecast are based on the typical usage for a building of the given type. Typical usage for a building applies to all types of building formats.

15.2

The forecast would be based on a reasonable estimate of the expected life of the components listed in the forecast.

15.3

The actual life of the components can be expected to vary from the expected life as they will be affected by maintenance programs, climate and environmental conditions, changes to legislation, material failure, misuse and
design errors.

15.4

The forecast is based on the assumption that customer will implement a maintenance policy to ensure regular maintenance expenditure in the prevention of larger remedial capital expenditures.

15.5

The contributions and expenses in the report should be reviewed on an annual basis to take into account any change in condition of the building, new work that may have been attended to or changes in the Sinking Fund balance. It will also require updating if there is a change in any statutory requirements affecting the project. The inspection and forecast does not cover safety issues. Addressing safety issues is a specialised service and must be
arranged by the customer separately.

15.6

The forecast is based on the estimated life allowances sourced from industry trade specialists. The estimated life of the products and components is a guide only and the actual life may vary based on the site conditions and maintenance programs.

15.7

The forecast makes no allowance for costs associated with operational costs including Management fees, rates, and legal and finance costs, maintenance contracts, latent defects, minor items such as light bulbs and batteries.

15.8

No allowance is made for Items which are or should be included in the administration fund.

15.9

Seymour Consultants will make reasonable allowances for changes to a forecast within 14 days of issuing the forecast at the request of Customer. Ongoing requests for changes may incur additional charge payable by the Customer.

1. 1. POOL BARRIER CERTIFICATION SCOPE AND LIMITATIONS

16.1

The cost of an initial pool inspection includes statutory government charges when issuing a pool safety certificate (form 23).

16.2

Non-compliant pools will be issued with a notice of Non-Conformity (Form 26).

16.3

Pools that do not comply following an initial inspection and report must be reinspected within a 90 day period. It is the responsibility of the Body Corporate to contact Seymour Consultants within the 90 day period to advise the rectification is complete and allow Seymour Consultants sufficient time to reinspect the property within the 90 day period.

16.4

Additional charges apply when reinspections are required as result of pools not complying at the initial inspection.

16.5

Where more than 1 pool enclosure is located on a property, additional costs will apply per additional enclosure.

16.6

Shared pools will be issued with a pool certificate valid for a one year period from the date of issue.

16.7

Non shared pools will be issued with a pool certificate valid for a two year period from the date of issue.

16.8

It is the responsibility of the Pool Owner to display the pool certificate as close as practicable to the pool area.

16.9

All cancellation notifications must be made in writing and emailed toThis email address is being protected from spambots. You need JavaScript enabled to view it.[email protected]

16.10

Where cancellations are made within 24 hours of the agreed date and time to carry out the inspection, the Pool Owner will be charged the full cost of the inspection to cover administration costs.

16.11

Pool inspections may be postponed and rescheduled up to 24 hours prior to the inspection will not incur any additional charges.

1. 1. TERMITE PEST INSPECTION (TERMITE INSPECTION)

17.1

The Scope of Inspection and the Terms and Conditions take precedence over any oral or written representations by Seymour Consultants to the extent of any inconsistencies.

17.2

After our quote has been approved, you are deemed to have accepted these Terms and Conditions and The Scope of Inspection upon the inspector arriving on site.

17.3

The report is not a guarantee but is an opinion of the condition of the inspected property. A limited written guarantee is available on written acceptance of the guarantee conditions.

17.4

Seymour Consultants accepts no liability with respect to work carried out by other trades, consultants or practitioners referred by Seymour Consultants. It is the customers’ responsibility to make appropriate contractual arrangements with such persons.

17.5

The report is not a certificate of compliance for the property within the requirements of any Act, regulation, ordinance or local by-law.

17.6

Seymour Consultants does not accept responsibility for services agreed to be provided.

17.7

In the absence of the written guarantee provided by Seymour Consultants, Seymour Consultants’ liability shall be limited to the provision of a new inspection and report or the payment of the cost of a new inspection and report, at the election of Seymour Consultants.

17.8

The lack of direct visible evidence does not mean that any and/or significant damage has not occurred or that there are no pests present.

17.9

A termite or pest report is not a structural report and, in the event of any evidence of previous or current termite or any other pest infestation, it is recommended that a full structural inspection be carried out by a qualified professional as soon as possible.

17.10

It is the responsibility of the customer to arrange for an intrusive timber pest or pest inspection where one is recommended.

17.11

The Termites and Borers Technical Information Sheet constitutes a vital part of the inspector’s final Report and failure to observe either the Report or the Seymour Consultants Termites and Borers Technical Information Sheet could lead to premature deterioration of the property.

17.12

The Health and Safety Warnings constitute a vital part of the Report. Failure to observe these provisions could jeopardise the safety of occupants.

17.13

The Report and its appendices and attachments, as issued by Seymour Consultants, takes precedence over any oral advice or draft reports, to the extent of any inconsistencies, and only the Report and its appendices and attachments, which form a vital part of the inspector’s recommendations, shall be relied upon by the approving authority.

17.14

If dissatisfied with the Report or any other pest service, the approving authority agrees to promptly give Seymour Consultants written notice specifying the matters about which you are dissatisfied and allow Seymour Consultants to resolve matters with you within 28 days of receipt by Seymour Consultants of such written notice and before taking any remedial action or incurring any cost.

17.15

Reference to Seymour Consultants in the Report and any other documentation includes, where the context permits, its agents and representatives authorised to act on its behalf.

17.16

These Terms and Conditions are in addition to, and do not replace or remove, any rights or implied guarantees conferred by the Competition and Consumer Act or any other consumer protection legislation.

1. 1. TERMITE AND PEST TREATMENT SERVICES

18.1

The customer must advise us of any pets or of any personal or family/staff allergies, or other health concerns.

18.2

Any persons who may be particularly sensitive, or who may suffer from allergic reactions, should, as a matter of precaution, remain out of the premises for a period of twenty-four (24) hours and not return until after the premises have been fully ventilated. Leave any air-conditioners on ‘vent mode’ (so they circulate outside air into the building) for a period of at least four hours after the treatment or after re-occupying.

18.3

Should the customer suspect anyone has come into contact with a treated area and has been affected in any way contact the Poisons Information Centre on 13 11 26.

18.4

The customer must cover all food items and all food utensils prior to a treatment, as directed.

18.5

The customer must remove or protect any people, animals, birds or fish during the treatment period. All pets/animals should be kept away from treated areas until dry and any odour has cleared.

18.6

The customer must avoid contact with treated surfaces until the insecticide has dried. This could take three (3) to twenty-four (24) hours in some cases.

18.7

On external treatments close all doors and windows during the treatment and keep closed until the odour has cleared. This could take three (3) to twenty-four (24) hours in some cases. This is done to avoid any odour entering the building.

18.8

When gaining access to, or working in the roof void and/or subfloor areas, overalls and gloves and a respirator should be worn to avoid contact with any insecticidal products. The overalls and gloves should be washed immediately and separate from other washing or disposed of as soon as practicable.

18.9

The Customer must observe any verbal advice provided by Seymour Consultants or our licensed technician at the time of treatment.

18.10

The customer accepts that the Pest management program can be rendered ineffective if the customer fails to implement our recommended hygiene procedures, by making building and/or landscaping alterations, or by the introduction of conducive or infested materials.

18.11

Although all care will be taken by Seymour Consultants, it does not assume any responsibility for damage to utility/service pipes, conduit and/or fittings caused by drilling, cutting and/or trenching of soil and masonry surfaces whilst engaging in the application of the selected property management plan. It is highly recommended that if any uncertainty exists as to the location of any utility/service pipes, conduit and/or fittings the customer should engage the appropriate professional to locate and mark any utility/service pipes, conduit and/or fittings before the commencement of treatment.

18.12

Any pest treatment plan proposal and/or its associated components do not and cannot state the extent of any structural damage caused by subterranean termites, wood decay fungi or borer infestation. If any past/present/suspected damage is brought to the customers’ attention it is recommended that the owner or other interested parties contact a qualified building Engineer, Architect, or other qualified expert in the construction or building trades to determine the existence and/or extent of possible structural damage to the building or structures pertaining to the Pest management program.

18.13

These terms and conditions are to be read in conjunction with the specific schedules applied to each pest treatment which appears in the quoted amount or clause 18.17.

18.14

If dissatisfied with the pest service, the customer agrees to promptly give Seymour Consultants written notice specifying the matters about which you are dissatisfied and allow Seymour Consultants to resolve matters with you within 28 days of receipt by Seymour Consultants of such written notice and before taking any remedial action or incurring any cost.

18.15

Reference to Seymour Consultants in any other documentation includes, where the context permits, its agents and representatives authorised to act on its behalf.

18.16

These Terms and Conditions are in addition to, and do not replace or remove, any rights or implied guarantees conferred by the Competition and Consumer Act or any other consumer protection legislation.

18.17

Schedule of terms:

Schedule 1: Terms Specific to Insect Spray Treatments

• Our Service is to attend your premises, inspect the relevant area and treat the active insect habitat with the intention of eradicating the insects.
• The quoted amount is for treating common property. Additional fees apply to areas not located on common property.
• Before the agreed appointment time, Seymour Consultants will require the customer to carry out the following preparatory work throughout the whole premises:
  • Cover and seal up any fish tanks.
  • If treatment is to occur within lots, all beds should be stripped of all blankets, duvets and all clothing and soft items removed from cupboards and wardrobes and placed sealed in plastic bags. These articles must then be laundered at over 60 degrees prior to re-use.
  • All furniture such as wardrobes and cupboards must be emptied and moved back from the wall to enable spraying, all drawers or doors must be unlocked and open.
  • All floors and areas to be treated must be clear of any items with carpets vacuumed, including behind furniture that has been moved ready for treatment.
  • For fleas ensure any domestic pets have been examined and if necessary treated for fleas by a vet.
  • On arrival at the premises, we shall determine, at our absolute discretion, whether the premises has been sufficiently prepared in accordance with the above.
  • If access is not made available on the day of the treatment, additional costs to revisit the property will apply.
  • The insecticide may damage furniture or personal possessions.

Schedule 2: Terms Specific to Fly Treatments

• Our Service is to attend your premises, inspect the relevant area and treat the active clusterfly habitat with insecticide with the intention of controlling the problem. This may not eradicate the clusterflies.
• The price includes one treatment only. Additional treatments may be required to eradicate the problem and costs will be quoted accordingly.

Schedule 3: Terms Specific to Cockroach Treatments

• Our Service is to attend your premises, inspect the relevant area and treat the active cockroach habitat with the intention of eradicating the cockroaches.
• The quoted amount is for staged treatments to the affected areas. If any additional treatments are required, additional payments will apply.
• Before your agreed appointment time, we require you to carry out the following preparatory work:
  • All areas to be treated to be cleaned and any debris or loose items removed to give clear access to all floors and surfaces to be treated.
  • All foodstuffs spillage to be removed prior to treatment and where ever possible food in sealed containers.
  • Husbandry requirements to be adhered to.
  • FOR YOUR OWN SAFETY, you must not move or touch any gel bait or monitor traps.
    • We shall use reasonable endeavours to eliminate the cockroaches but if this is not achievable with the staged treatments, we shall seek to control them instead. For example, if the core infestation is emanating from another property (including another flat within the same building), we will seek to control the cockroaches as we will be unable to eliminate them.

Schedule 4: Terms Specific to Rodent Treatments

• Our Service is to attend your premises, inspect the relevant area and treat the active rodent habitat with the intention of controlling the pest. If it is, in our opinion, appropriate to try to eradicate the pest, we shall do so, but this is often inappropriate and depends on many factors including the location and proximity to other people’s property.
• The quoted amount is for treating domestic property (including the immediate gardens and grounds) occupied.
• A single treatment may be insufficient and therefore additional treatments will be required.

Schedule 5: Terms Specific to Wasps Nest Treatments

• Our Service is to attend your premises, inspect the relevant area and treat the active wasps nest with the intention of eradicating the wasps. This does not include removing the nest, which in most cases is unnecessary and impractical.
• If we inspect the area you identify but do not find an active wasp’s nest (whether there is no active nest or the relevant insects are another species, such as bees), we will not treat the area and you will still be charged. The time taken to inspect the area is often longer than the time taken to treat a nest.
• Should any wasp nest treated remain active 3 days after original treatment we will revisit the premises to treat that specific nest. However, if on the return visit, we discover that the identified nest is a different nest to the one originally treated, you shall be charged for a separate treatment at a 50% discount.
• If the customer requires us to treat more than one nest during the same visit, treatment of the first nest shall be charged at full price and all the others at half price.

General
Before the first visit and until the final visit, the customer hereby agrees to:

• not to move any poisons or tamper with equipment / bait stations;
• not to interfere with our treatment in any way, or try to treat the rodents yourself or allow anyone else to do so;
• to comply with all the instructions we provide (whether in writing or not) including those in relation to tidying the premises and maintaining it in a clean and tidy condition;
• to remove any bird feeders and rectify any defects in the structure of any compost heaps, and acknowledge that if the customer fails to comply with any of these requirements, we shall be entitled to stop the treatment, as it will be compromised, and the customer will still be charged.
• Where there is evidence of infestations emanating from private or public sewers or from breaches in soil drains we may require the customer to obtain specialised inspections or works. Seymour Consultants cannot inspect or treat utility company sewers.
• Seymour Consultants will inspect the infected areas and will treat it if, in our reasonable opinion, it is necessary, practical and safe to do so by installing appropriate traps.
• The Service does not include the removal of any dead rodent carcases and Seymour Consultants shall not accept any liability for not doing so.
• Seymour Consultants will not create openings or interfere with the structure of your property when treating it is the customers’ responsibility to ensure Seymour Consultants have suitable access to areas where treatment is required.
• Seymour Consultants may mention a few ways to help reduce the risk of the pests coming back, for which there shall be no additional fee.
• Seymour Consultants are legally obliged to remove all rodenticides laid at your property when our treatment ends for whatever reason. You shall ensure that there is free access to do this.

LIMITATION OF OUR LIABILITY
By accepting the quotation or requesting a service, you acknowledge that Seymour Consultants do not accept any liability for any loss or damage caused as a result of the use of insecticide. The Customer must leave the property during treatment and remain outside sprayed areas for at least 4 hours to enable the applied insecticide to dry and to avoid inhalation of any mist. If you re-enter the premises within this time, the treatment may be compromised. After the treatment has been carried out and the 4 hour period has passed, the customer must continue to use the treated areas as you did before for at least 14 days afterwards. This is to provide a natural environment for the insects to feed on, and therefore use, the treated area. The customer must not vacuum or wash down any non-food preparation surfaces for a period to two weeks after the treatment was carried out. Seymour Consultants reserve the right to decline to carry out the treatment if we believe that it may be unsafe to access or treat the area. No re-call shall be undertaken within the first two weeks after the treatment is carried out.

1. 1. TAX DEPRECIATION SCHEDULES

19.1

The customer agrees to allow Seymour Consultants (SC Tax Depreciations) to locate construction documents, make all necessary enquiries and to access the property where required to complete the Tax Depreciation Schedule.

19.2

The customer agrees that Seymour Consultants will rely on the information supplied by the customer and the Tax Depreciation Schedule produced will be based completely on the information which submitted or supplied.

19.3

The information provided will be current, accurate and complete in every way and the Australian Taxation Office has the power either to accept (in whole or in part) or to reject any claim for deduction based on the depreciation.

19.4

The Tax Depreciation will be produced for the sole purpose of claims under the Income Tax Assessment Act and is for the use of current or future owners of the premises or their agents in dealing with tax claims only.

19.5

All final fees and charges are inclusive of GST at the current rate and may be increased as a result of any changes in the rate of GST.

19.6

The customer acknowledges that the self-service option does not include a site inspection and therefore the Quantity Surveyor will rely on the information provided by the customer. Seymour Consultants reserves the right to decline any projects where inadequate, insufficient or a lack of information is supplied in order to provide an accurate tax depreciation schedule.

19.7

Premium Services which include an onsite inspection will require access. The customer agrees to provide suitable access on the agreed day and time of inspection.

19.8

The customer agrees to indemnify Seymour Consultants against all loss, damage, costs and expense and claims (including reasonable legal costs and expenses) which Seymour Consultants may suffer or incur as a result of or as a consequence of the customers use of the Tax Depreciation Schedule which Seymour Consultants supplies or which arises through the customer breaching the Terms of Use.

19.9

Tax Depreciations prepared by Seymour Consultants are protected by Copyright. You agree that you will not reproduce, modify, adapt, distribute, transmit, display or publish any of the content.