A1. TERMS AND CONDITIONS
This standard Subterranean Termite Management Proposal & Agreement ('The Proposal & Agreement") prepared by the Termite Manager for the Client sets out the following Termite Management System options for the Property:
(a) the types of management options for the treatment of subterranean termites ('termites'); and/or
(b) management options to help manage the risk of future termite access.
The Client acknowledges:
- This Proposal & Agreement does not include the assessment of matters outside the Scope of this Proposal & Agreement.
- This Proposal & Agreement only covers subterranean termites, it does not cover drywood termites and dampwood termites.
- This Proposal & Agreement is not a warranty or guarantee as to the absence of termite activity and termite damage or a guarantee that termite infestation has been eradicated.
NOTES 1. Where no central nest can be located, termite eradication can only be claimed if there is complete cessation of termite activity by the target colony at the sites of known infestation, for an appropriate period. It is crucial that termite colonies are not prematurely classified as having been eliminated. Failure to accurately determine colony elimination may result in termites reinfesting within a short period of time.
2. Termite baiting systems, due to the low toxicity of the food being used and colony size may take widely variable periods to achieve colony elimination. Further damage to your property may occur while baiting systems are being deployed. Colony elimination may be prevented by factors outside the control of the Termite Manager.
3. Australian StandardAS 3660.2 recognises that physical and chemical management systems cannot prevent termite attack, as management systems may be bridged or breached. The purpose of termite management systems is to impede concealed termite entry into buildings. Complete protection of existing buildings and structures from attack by termites is not always possible due to consumer requirements, construction design, building practice and site conditions.
- This Proposal & Agreement has been produced for the use of the Client named in this document. The Termite Manager or their firm or company are not liable for any reliance placed on this Proposal & Agreement by any third party other than the disclosed Building Owner who instructed the Client.
- All service obligations terminate on sale or transfer of ownership of the designated building(s) and structure(s). A new owner must contact the Termite Manager to re-establish cover.
- This is not a fixed price contract.
The Client acknowledges:
- This Proposal & Agreement expressly excludes the treatment, rectification or repair of termite damage resulting from past, current or future termite activity.
- This Proposal & Agreement expressly excludes the treatment, rectification or repair of a Service Option which has been damaged through the actions or inactions of the Building Owner or its servants, agents or invitees.
- An effective termite management system cannot be installed around or beneath fence posts or behind or beneath a timber retaining wall. Accordingly, the protection of fences, gates and timber retaining walls are specifically excluded from this Proposal & Agreement.
- The Scope of this Proposal & Agreement will always be subject to the terms of these Exclusions.
The Client acknowledges (see also Item 3):
- This Proposal & Agreement cannot be relied upon on its own. This Proposal & Agreement must be read in conjunction with the previously issued and current Inspection Report referred to by number in this Proposal & Agreement.
- Before the commencement of any work, the Termite Manager reserves the right to terminate this Proposal & Agreement at the Termite Manager's absolute discretion. In this event, any fees, deposit or other monies paid by the Client will be refunded.
- The Termite Manager shall not be liable for failure to perform any duty or obligation that the Termite Manager may have under this agreement, where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, inability to obtain labour or transportation, structural or environmental conditions, or any cause outside the reasonable control of the Termite Manager.
- If during the course of undertaking the agreed Service Option it is found that structural or environmental conditions prevent the Termite Manager performing any sections of the agreed Service Option, then the terms of the option offered will be reviewed and the cost of the Service Option revised. The prices quoted are valid for 30 days, after that the Termite Manager reserve the right to make revisions.
- No liability will be accepted for damage done to concealed services such as telephone, power, gas, water, or drainage by drilling and/or cutting through masonry, concrete, timber or other surfaces unless clear and accurate plans of such services are provided to the Termite Manager prior to commencement of work. The Building Owner shall indemnify the Termite Manager from the costs and damages that may arise from any action, suit, claim or demand which arises from the failure of the Building Owner to supply these plans before commencement of work.
- The Building Owner accepts that in undertaking this Proposal & Agreement damage may be caused to the Property by actions such as drilling and/or cutting through masonry, concrete, timber or other surfaces. The Building Owner will not require such damage to be rectified and indemnifies the Termite Manager from any claim arising from such damage where it occurs in the normal course of carrying out any agreed Service Option.
- If the Building Owner or other occupants of the Property or adjacent building believe they are sensitive to chemicals or their odours, the Building Owner must advise the Termite Manager in writing in advance of treatments, including whether the Building Owner or other occupants have consulted with a medical doctor or other healthcare provider regarding such sensitivity. The Termite Manager reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide notification represents the Building Owner's assumption of risk and waiver of any claims against the Termite Manager in connection with such sensitivity.
- The Termite Manager reserves the right to revise the price of the agreed Service Option if the Building Owner or their servants, agents or invitees restrict or hinder the Termite Manager's free access to the Property.
- All monies are due and payable, upon invoice. All agreements to provide future services are void unless payment has been received in full.
- The Building Owner warrants it will provide full co-operation with the Termite Manager during the term of any agreed Service Option and agrees to maintain the treated area(s) free from any factors contributing to termite attack.
- The Termite Manager must be notified immediately of any evidence of (active) live termites found.
- The Client warrants that he is authorised to bind the Building Owner to this Proposal & Agreement.
Additional Terms and Conditions for Termite Monitoring and Termite Baiting Systems
In addition to the Terms and Conditions set out in this Proposal & Agreement, Item 8 (d) and Item 14 are subject to the following additional Terms and Conditions.
The Client acknowledges:
- Unless otherwise specified in Item 8 (d) and Item 14, the maximum term of Item 8 (d) and Item 14 is 12 months. After this time or the stated expiry date above, Item 8 (d) and Item 14 must be re-negotiated.
- During the interval(s) between installation of the Termite Bait to such time that elimination of targeted termite colony(s) is declared, termite feeding within the building should be anticipated. Additional structural damage may result, though this should be reduced once the Stations are established as a preferred feeding site.
- The Building Owner or occupier MUST NOT tamper or interfere with the termite baiting system components or termite workings in any way unless agreed to and signed by the Termite Manager. Tampering may affect the performance of the components and significantly increase the time to achieve the colony elimination process, or significantly delay the time to colony elimination. Should the Building Owner or occupier tamper or interfere with the system components or their manner of operation in any way, then the Termite Manager reserves the right to remove the components (at the Building Owners expense) and terminate this Proposal & Agreement without further notice to the Building Owner and may re-enter the property at any time to effect this withdrawal of service once breach of this condition is established to the reasonable satisfaction of the Termite Manager.
- Previous chemical termite treatments can alter termite behaviour, which in turn can negatively interfere with the performance of the termite baiting system components. The Building Owner must notify the Termite Manager, in writing, of any previous termite treatments, and supply the Termite Manager with a copy of the treatment paperwork where possible.
- Additional services requested by the Building Owner and not allowed for in this Proposal & Agreement will be at the Building Owners’ expense. Additional services will be invoiced in accordance with the Termite Managers’ standard pricing, and in some cases, may require adjustment of quoted prices.
- The Building Owner agrees to assist in the management of the termite baiting system components by minimising termite conducive conditions.
- Unless otherwise specified in this Proposal & Agreement, the Client understands and agrees that ALL the termite baiting system components installed remain the property of the Termite Manager or product manufacturer. The Client authorises the Termite Manager on expiration or termination of this Proposal & Agreement to enter its property and retrieve all components of the termite baiting system.
Termite Managermeans a person who meets the competency criteria for the carrying out of a termite treatment and the installation of a termite management system as set out in Australian Standard AS 3660.
Client means the person or persons who engaged the Termite Manager to prepare this Proposal & Agreement which may be same as the Building Owner.
Building Owner means the person who has directed or authorised the Client to obtain this Proposal & Agreement on their behalf, e.g. building owner instructing through a real estate agent or solicitor and is named in this Proposal & Agreement.
Building and Site means the main building (or main buildings in the case of a building complex) and all timber structures (such as outbuildings, landscaping, retaining walls, fences, bridges, trees, tree stumps and timber embedded in soil) and the land within the property boundaries up to a distance of 50 metres from the main building(s).
Property means the existing building(s) and structure(s) at the address specified in this Proposal & Agreement which are proposed for treatment by the Termite Manager.
Termite Management System means a product or a coordinated system designed to mitigate the risk of concealed access by subterranean termites causing significant damage to a structure.
NOTE: Termite management systems are typically comprised of integrated components, inspection zones and inspection regime.
Subterranean Termites means termites of the species Mastotermitidae, Rhinotermitidae, and Termitidae, which require soil contact or a continuous supply of moisture and are regarded as the group of termites most damaging to buildings.
Inspection Report means a Standard Termite Detection Report carried out in accordance with the current edition of the Report Systems Australia (RSA) Handbook Termite Reports - Uniform Inspection and Reporting Guidelines for Termite Managers or equivalent.
Chemical means any substance or mixture of substances, whether of biological or synthetic origin, that is registered by the Australian Pesticides and Veterinary Medicines Authority (APVMA) for use directly or indirectly to destroy, repel, inhibit the feeding of, treat against attack of, modify the physiology of or attract for the purpose of destroying or repelling subterranean termites.
Impede means to interfere with the progress of termites.
Bridging means termites gaining access to a structure by passing over a termite management system or inspection zone.
NOTE. Termites bridging a termite management system will often construct a shelter tube, which reveals their passage.
Inspection Zone means an unobstructed space over which termites have to cross or pass in order to gain access to a building or structure and, as a consequence, reveal their presence during visual inspection.
Breaching means the passing of termites through a hole or gap in a termite management system.
NOTE. Examples of breaches include the removal of a section of treated soil from a chemical soil management system, or a perforation or a disjunction in a physical management system.
A2. CLIENT BRIEFING
Invasive Inspection and Colony Treatment
In addition to the Inspection Report referred to by number in this Proposal & Agreement, Section Two – Stage 1 ‘Invasive Inspection and Colony Treatment’ recommends a more invasive type of inspection, where appropriate. Stage 1 also outlines the type of Subterranean Termite Management Options for the control of infestation in or around the Property.
Only economically important termite species, which are known to attack timber structures, should be treated. Where possible, initial treatments should be directed towards eradication of the colony from which the infestation is originating or is thought to be originating. An attack may be initiated from more than one termite colony and not all colony locations may be known at the time of treatment.
Termite Management Options
Section Two – Stage 2 ‘Termite Management Options’ sets out management options to help manage the risk of future subterranean termite access to the Property. For information on cultural methods for reducing the susceptibility of a building to subterranean termite attack see ‘Cultural Management’ below.
Where an active subterranean termite infestation exists and where practicable and possible, action should be taken to control the known termite colony (see Section Two – Stage 1) before initiating any method in Stage 2.
The purpose of termite management systems is to ‘impede’ concealed subterranean termite entry into buildings and structures. The Client must understand that termite management systems may be ‘bridged’ or ‘breached’. Where termites bridge management systems the evidence may be detected during regular competent inspections. See also Item 18 and Clause A.1 – Limitation 3.
Where a chemical management system is used as part of a subterranean termite management system, the chemical products used must be registered by the APVMA. The chemicals must also be applied strictly in accordance with the approved label of the products (e.g. at specified intervals and application rates) and in accordance with Australian Standard AS 3660. Before completing Stage 2, the Termite Manager and Client must select a Service Option set out in Item 5.
Physical management systems, as described in Australian Standard AS 3660 may, in some circumstances, be installed in existing buildings. A full assessment of the conditions of the building to be retrofitted has to be made before any work begins, to ascertain which management system type is appropriate and whether the necessary preconditions for installation can be met.
A termite monitoring and baiting system may be helpful in the early detection and treatment of termite activity.
Section Two – Stage 3 sets out recommendations for maintenance inspections covering all the readily accessible areas of the Building and Site.
To help detect any future infestation and the need for replenishment or repair of any termite management system regular maintenance inspections at intervals not exceeding 12 months are strongly recommended. However, where the termite risk is high or the building type susceptible to termite attack, more frequent inspections (3-6 months) should be undertaken. Australian Standard AS 3660 recognises that regular inspections will not prevent termite attack but may help in the detection of termite activity. Early detection will allow remedial treatment to be commenced sooner and damage to be minimised.
Where evidence of ‘active’ (live) termites attacking the building was found, then the next maintenance inspection is recommended within six (6) months of the appropriate treatment being completed. This recommendation may be varied in Item 18.
The following actions of the Building Owner can be instrumental in reducing the suitability of the environment to subterranean termites.
Subfloor Ventilation For buildings with suspended timber ground floors, the Building Owner should ensure that subfloor ventilation is adequate.
Subfloor ventilation is the provision of natural air movement under a suspended timber floor to help protect against the degradation of timber caused by fungal decay and/or insect attack. Examples of inadequate ventilation include: where strong natural cross ventilation is not provided; and where natural cross ventilation is restricted by adjacent buildings or obstructions such as air-conditioning or vacuum ducting and mechanical ventilation (e.g. fan-forced) is not provided.
Where evidence of a lack of adequate ventilation is noted in the Inspection Report, competent advice (e.g. from a licensed or registered building contractor) should be obtained in regard to providing adequate ventilation.
Moisture The Building Owner should ensure that ground levels around the building are maintained in such a way to minimise water entering under the building, especially into subfloor spaces. Where possible, plumbing systems should be kept free of leaks.
Excessive moisture exists where timbers, soil or areas close thereby hold enough moisture to attract or support termite colony development, fungal growth and wood-decay. Examples of excessive moisture include: free moisture (including standing water) in a subfloor space due to non-existent, defective or inadequate subsoil drainage or defective plumbing such as a leaking drain, or a temperature and pressure relief value to a water heater continually discharging; water stains on roof linings; free moisture (including condensation) in a subfloor space due to a lack of adequate ventilation, or obstructions or restrictions limiting cross flow ventilation; dampness in walls; a flat roof holding puddles; or a leaking shower; etc.
Where evidence of the presence of excessive moisture is noted in the Inspection Report, competent advice (e.g. from a licensed or registered plumbing contractor) should be obtained in regard to removing any condition conducive to the presence of excessive moisture.
Vegetation The Building Owner should ensure that vegetation (including tree roots) does not inhibit the Inspection Zone or bridge or breach termite management systems. The planting of shrubs close to the perimeter of the building can promote and conceal termite entry points. Subfloor areas should be kept free from all vegetation (including tree stumps) and debris which may encourage termite activity.
In addition, the soundness and stability of any standing trees identified as being affected by termite attack should be confirmed.
For further information on risk reduction measures including the removal of any woody vegetation within close proximity to a building perimeter and the monitoring of trees for evidence of termite activity and stability due to termite attack, please consult your Termite Manager.
Landscaping The Building Owner should ensure that structures, including retaining walls are constructed of termite-resistant components thus minimising the potential for termites to establish nests.
Importantly, an effective termite management system cannot be installed around or beneath fence posts or behind or beneath a timber retaining wall. In the case of fence palings a 50 mm gap between any paling and the soil should be maintained.
Where garden beds are placed adjacent to the building, all soil, mulch and litter should be below Inspections Zones. Frequent or excessive water should be avoided.
Where perimeter termite management systems have been installed, the building owner should also ensure that the integrity of the management system remains intact and that the inspection of possible termite entry points is not impaired. This is especially important where an exposed slab edge is used as an Inspection Zone around the building (if the edge of the slab or any weepholes at the base of external walls are concealed by pavements, gardens, lawns or landscaping then it is possible for termites to gain undetected entry into the building).
For further information, please consult your Termite Manager.
Storage Practices The Building Owner should ensure that all subfloor areas are kept free of stored items. The storage of materials, (especially those containing cellulose, i.e. termite food) in subfloor spaces is not recommended as it may encourage termite activity, reduces ventilation and makes inspection difficult.
Where storage is on a concrete slab or attached to masonry elements, clear access for inspection should be provided below or behind for signs of termite entry. Piles of wood and other materials should be separated from the structure.
For further information, please consult your Termite Manager.
Attachments to Buildings The Building Owner should ensure that attachments and structures such as carports, verandahs, steps, access ramps, trellises, cladding, fences, pipework or similar be separated from the building by a gap of at least 25 mm, to allow clear and uninterrupted visual inspection across the inspection zone.
Where attachments or structures, as outlined above, abut a building and there is no clear gap, then a management system should be provided to the attachment, regardless of the size of the attachment.
The Building Owner must understand that termite management systems can be rendered ineffective due to building alterations, renovations or additions.
For further information, please consult your Termite Manager.
Natural Predators The Building Owner should ensure that management actions do not reduce, where possible, the population of predatory animals; for example ants, lizards and birds consume termites. A bio-diverse environment around the structure can aid in termite management.
For further information, please consult BennettsSerivces.