Terms & Conditions

 Terms & Conditions

• Profix Group (“PG”) shall not be liable for failure to perform any duty or obligation that it may have under this agreement where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, inability to obtain labour or transportation, or any cause outside the reasonable control of PG.
• PG reserves the right to cancel the inspection or reject any request for inspection at PG’s absolute discretion. In this event, any fees, deposit or other monies paid by the client will be refunded.
• If you do not return this signed agreement but instruct PG to perform our services, that will be taken to be an acceptance of this offer and costs will be charged in accordance with this agreement.

‍Our Services

• PG provides inspections and general servicing in the following areas:

1. Smoke Alarm Safety Services
2. Gas Safety Services
3. Electrical Safety Services

– Reference to Gas Appliance means a gas appliance supplied by you at your Property (and expressly excludes any appliance supplied by a tenant residing at your property)

– Reference to Electrical Appliance means an electrical appliance supplied by you at the property and expressly excludes solar installations and any appliance supplied by a tenant residing at your property

• At the conclusion of the inspection, PG will provide the client a report outlining the observations and general servicing provided during the inspection.
• PG is not responsible for rectification of defects identified during inspections. Any additional works performed outside of the inspection will incur additional fees. PG, or an independent contractor referred by PG, will provide separate quotes for approval prior to additional works being performed.
• If PG is performing a free off-site quote, and is requested to perform works while on site, such works shall incur additional charges.
• PG often utilizes the services of independent sub-contractors to conduct its inspections. If during the inspection, the inspector offers to rectify any defects and provides a quote for such works, these services are outside the scope of what PG provides, and such works are the liability of the sub-contracted inspector. The client hereby agrees not to hold PG responsible or liable for any rectification works performed by sub-contractors.
• If during an inspection, the inspector identifies urgent problems which require the immediate decommissioning of an appliance, PG shall charge a $90.00 decommissioning fee in addition to standard charges. If you do not approve the decommissioning works, then PG shall not be held liable for any problems that arise as a result of a failure to decommission an appliance.
• If an electrician is required to attend the premises to install or replace a hardwired smoke alarm, the electrician’s call-out fee will be separate and additional to any costs charged by PG.
• PG is affiliated with the real estate company that initially assigned the service. Therefore, if the real estate company no longer manages the property that was signed to the service, your servicing and reporting will cease. If you would like PG to continue servicing your property, if you have moved to a different real estate company, or if you self manage the property, please contact PG to instruct PG to continue services.
• You authorise your Agent to pay us on your behalf in respect of any Fees due.

‍Free Call Outs

• As part of PG’s ongoing safety compliance management services, free call-outs are offered during the term of the agreement. However, you will be charged for any additional labour or materials to rectify problems with a gas or electrical appliance. Further, a free call-out will not be offered in circumstances for an ongoing fault in a gas or electrical appliance if PG has previously recommended rectification of the fault and it has been declined or not acted upon by you.

Certificates of Compliance

• If you sign up to PG’s ongoing safety compliance management services, you will be issued with a Certificate of Safety Services Check. This certificate indicates that you are signed up to receive ongoing safety maintenance services. This certificate DOES NOT indicate full compliance, but merely that you are signed up to receive the services. This certificate is not a certificate of electrical or gas safety.
• Where electrical works are completed at a property and PG is engaged to perform an inspection, then an ESV Certificate of electrical safety will be issued upon determination that the works have been completed satisfactorily at the property.
• A VBA certificate of Gas Safety will be issued where:

1. PG performs a test on the gas line and it is compliant;
2. If PG checks the gas meter and it is compliant;
3. Where any works are performed at a cost of over $700.00 that includes the cost of an appliance.

Third Party Use

• Any reports provided by PG will be produced for the exclusive use of the Client. PG is not liable for any reliance placed on the report by any third party.

Accessibility

• Inspections only cover Readily Accessible Areas of the Building and Site. Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property.
• PG is restricted by the following dimension in relation to determining if an opening or height can be readily accessed:

1. In roof spaces – where the minimum area of accessibility is not less that 600mm high by 600mm wide.
2. In subfloor spaces – where the minimum area of accessibility is not less than 400mm high by 600mm wide, providing the spaces or areas permit entry.

• With strata properties, the inspection is limited to the interior and the immediate exterior (if applicable) of the particular residence being inspected. Common property is not inspected.
• The Inspection does not include areas which are inaccessible, not readily accessible or obstructed at the time of inspection.
• The Inspector on the day of the inspection is the only person who can determine what they are restricted by during an inspection.

Scope of report

• The Report only records the observations and conclusions of PG about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:

1. Possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall lining and floor coverings, or by applied finishes such as render and paint; and
2. Undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out.

‍These matters outlined above are excluded from consideration in the report.

• The Report does not include an estimate of the cost of rectification of the Defects.
• If the client has any doubt about the purpose, scope and acceptance criteria on which the report is to be based, the client must discuss their concerns with PG before ordering the Report.

Implementation of Recommendations

• The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendations or advice given in the Report. However, it must be noted that PG shall not be responsible or liable for implementation of the recommendations provided in our reports.

Limitations

• The Client acknowledges:

1. The Report does not include the inspection and assessment of items or matters outside the scope of the requested inspection and report.
2. The Report does not include inspection and assessment of items or matters that do not fall within PG’s direct expertise.
3. The inspection only covers the Readily Accessible Areas of the property. The inspection does not include areas, which were inaccessible, not readily accessible or obstructed at the time of the inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.
4. PG cannot move any furniture or any other chattel or thing in order to access an area.
5. PG cannot inspect an area if the inspector determines that his access is obstructed;
6. PG cannot cut access holes or remove screws and bolts.
7. PG cannot guarantee compliancy with any relevant building code or Act;
8. The Inspection and Report will not report on any defects which may not be apparent due to prevailing weather conditions at the time of the inspection including detection of rising damp and leaks. Such defects may only become apparent in differing weather conditions.
9. The report was produced for the use of the Client. The Consultant is not liable for any reliance placed on the report by any third party.

• If an inspector engaged by PG attends the property to perform our services, and is denied access by a tenant in the property, the inspector shall immediately leave the premises and will be unable to perform the services. PG shall not be held liable for any problems which arise through lack of servicing or reporting of defects if PG is denied access to the property.

Client’s Acknowledgements

• The Client acknowledges:

1. That the Report does not deal with solving or providing costs for any rectification or repair work;
2. That on occasion, PG utilizes independent sub-contractors to prepare the Reports.
3. That the Report does not deal with the inspection of common property areas of a strata property or strata records.
4. That the Client has read all the terms and has not relied on any representations.
5. That just because a defect is not visible at the time of the inspection does not guarantee that there is no defect affecting the property.
6. That acceptance of this Agreement and its terms is made through signing of this Agreement, payment of the agreed fees, or instructing PG to perform the services after the Client has been handed this Agreement irrespective of whether or not this Agreement is signed and returned.
7. You acknowledge that these Terms may be modified by PG from time to time, including but not limited to terms relating to fees and charges, cancellation and modifying the Services your Enrolled Property receives. You will be notified of any changes to these Terms by us on www.profixgroup.com.au

Need for Repairs

• As per the acknowledgements above, PG is not responsible for repairing, rectifying or solving any defects identified in the report.
• If an independent sub-contractor is conducting the inspection, and quotes are provided for repair works, such repairs are not the liability or responsibility of PG. In this instance, any repair works conducted by an Inspector provided by PG are the sole responsibility and liability of the sub-contracted Inspector, and the client hereby agrees that it will hold PG harmless for any defective works independently performed by sub-contractors.

Servicing

• PG will perform basic servicing of the appliances it is engaged to inspect and report on. Such servicing includes cleaning, performing visual tests, checking pressure levels, leaks and controls, and attending to any minor issues which are present at the time of the inspection.
• If any major defects are present, PG will not be responsible for these repairs. However, if a sub-contracted inspector who is conducting the servicing provides quotes for these repairs, they are independent and separate to the scope of the services provided by PG, and PG shall not be liable in any way for these repairs.

• Any costs associated with repairs are additional to the standard service charges.

Indemnities

• The Client indemnifies PG against:

1. Any third party losses or claims for use of the Inspection Report;
2. Against any major and/or minor defect that was not evident by visual assessment at the time of the inspection
3. Termination of this agreement pursuant to Clause 2 of this Agreement.
4. Any damage caused as a result of repair-work conducted by a sub-contractor of PG. As noted above, PG is not responsible or liable for any repair works. Therefore, if the Inspector conducts repair works, any loss or damage incurred as a result of defective works will be the sole liability of the sub-contracted inspector and will not be attributed to PG.

Prohibition on the Provision or Sale of the Report

• The Report may not be sold or provided to any other Person without the express consent of PG, unless the Client is authorized to do so under legislation. If PG gives permission it may be subject to conditions such as payment of a further fee.
• The Client releases PG from any and al claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses whatsoever that any person may have at an time hereafter arising from the unauthorized provision or sale of the Report by the Client to a Person without our express written consent.

‍Complaints Procedure:

• In the event of any dispute or claim arising out of, or relating to the Inspection or the report, the Client must notify PG as soon as possible of the dispute or claim by email, fax or mail. The client must allows PG or a consultant of PG within 28 days from notification of the complaint, and provide PG with full access in order to investigate the complaint.
• The client will be provided a written response within 28 days of the date of the inspection.
• If the Client is unsatisfied with the response, the Client must refer the matter to a Mediator nominated by PG from the Institute or Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.
• In the event that the Client does not comply with the above complaints procedure and commences litigation against PG, then the Client agrees to fully indemnify PG against any awards, costs, legal fees and expenses incurred by PG in having the Client’s claim set aside or adjourned to permit the Complaints procedure to complete.

Suspension or Termination of services

• 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:

1. PG shall be entitled to recover from you any Fees accrued and such fees will become immediately payable;
2. PG accepts no risk regarding your compliance obligations at Law or the installation, repair or ongoing maintenance of the items that PG is required to ordinarily test and/or maintain as part of the services you were signed to; and
3. 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.
• To the maximum extent permitted by Law, PG will not be liable or deemed to be in default for any:

1. act or failure by PG to act with respect to an Excluded Property, including the failure by PG 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 PG for any claim, cost, action, liabilities, expense, loss or damage (including legal costs on a full indemnity basis) howsoever or wheresoever arising that PG 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
2. 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 PG’s 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, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.