Thank you for using  RIC Safety Audits for your owned property or properties (“Property”).

Please read these terms and conditions carefully (“Terms”), including the Schedule, as they apply to our provision to you of our safety and compliance services, these include smoke alarms, gas and electrical safety and compliance services and, where applicable, other services that we provide from time to time at your property (“Service” or collectively “Services”).

Each Service is provided on specific terms and conditions relevant to that Service (“Service Terms”) as set out in the schedule. To the extent of any inconsistency between these Terms and any Service Terms, the Terms prevail. By accepting any or part of our Services you acknowledge and agree to bound by these Terms.

You acknowledge that these terms may be modified by us 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.ricsa.com.au/terms

Please also review our Privacy Policy www.ricsa.com.au/privacy to learn more about how we use information we procure in the provision of these Services, noting that you will be taken to be bound by our Privacy Policy upon entry into these Terms, and you consent to the collection, use and disclosure of your ‘personal information’ (as that term is defined in the Privacy Act 1988) being treated by us in accordance with that policy.

In these Terms ( and where the context permits), the singular includes the plural and vice versa, and a reference to:

  • “Agent” means your duly appointed agent for the management of your property at the Commencement Date.
  • “ Australian Consumer Law” means the consumer legislation set out in Schedule 2 of the Competition and Consumer Act 2010.
  • “ Commencement Date” means, for each Service, the date a Service begins for an Enrolled Property, as notified by you in writing from time to time.
  • “ RIC Safety Audits” means each of our Related Entities incorporated shall be, from time to time, referred to collectively as “ RIC Safety Audits”, “we”, “us” or “our”
  • “Enrolled Property” means a property that is enrolled to receive a Service or Services from us.
  • “Excluded Property” means, in respect to a Service, a property that:
  1. Is not a domestic residential dwelling
  2. Is not a property type ordinarily serviced by us, as determined by us from time to time and notified to you.
  3. Is not enrolled in the Service by act or omission by you or your Agent
  4. Has had the Service suspended or otherwise terminated by you, by your Agent, or by us.
  • “ Law” means any statute, regulations, instruments and by-laws and all other subordinate legislation or orders made by any authority with jurisdiction over the Services, including without limitation Australian Consumer Law.
  • “Property” includes both a rental property and an owner-occupied property, and includes all synonyms for property, including but not limited to flat, apartment, premises or residence.
  • “Related Entities” is given its meaning in the Corporations Act 2001 and includes but is not necessarily limited to RIC Safety Audits.
  • “Safety and Compliance Service” means a bundled Services package we may offer to you where your Agent is a Subscribing Agent.
  • “Subscribing Agent” means an Agent that has agreed to offer the benefits of the Safety and Compliance Service rather than individual Service to its Properties.
  • “Term” means the period from the Commencement Date to the Termination Date.
  • “Termination Date” means the date upon which the Services are terminated in accordance with these Terms.
  • “You” (or similar personal pronoun) is a reference to the property owner of the Enrolled Property.

 

The Services

Your property is an Enrolled Property and will receive the Services during the Term in return for payment of the Fees.

 

Fees and Payment

The fees payable by you will be based on the Services the Enrolled Property is enrolled in and will by 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 to any Fees due.

Where you Property is enrolled in the Safety and Compliance Service, 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.

 

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 the Law, we shall immediately suspend your Services where any of the following occurs:

  • An invoice in respect to one or more of your properties remains unpaid after the specified due date.
  • You, or your 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 authorisations have not been provided to us in accordance with these Terms, either by you or your 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 Agent, or your Tenant advise us we may not enter the Property due to health concerns.
  • You have not taken steps in accordance with our professional advice and recommendations to ensure that your plant and equipment tested and maintained by us pursuant to these terms are compliant.

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”)
  • You immediately assume and accept all risks at Law associated with the Serviced Equipment and your compliance obligations at Law.

If 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 to the Services is to ensure they are:

  • Provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss or damage.
  • Fit for the purpose or give the results that you had agreed to.
  • Be delivered in a reasonable time when there is no agreed end date.

(collectively, “Statutory Warranties”)

We are liable to you for:

  • Any damage to your property that has been caused by the fault, negligence or fraud by us or our personnel during the conduct of the Services
  • 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 enrol.
  • 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 non-performance 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;
  • 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 endeavours 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 failure by us to provide Services with respect to such Excluded Property. On and from the date of 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.
  • 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 failures of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earth quakes or natural disasters, strikes or other labour 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 & Assignment

Those obligations under the sub-paragraph titled “Following Suspension or Termination”, the paragraph titled “Restrictions and Inclusions”, 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 the state and territory in which your property is located. If part of these Terms and/or Service Terms is not legally enforceable, that part will be cut from these Terms and/or Service Terms and all other parts of these Terms and/or Service 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 Service Terms.

Contact us

Postal: 61 Leather St, Breakwater VIC 3219
Phone: 0438969053
Email: admin@ricsa.com.au

 

Legal advice

You agree that any information, advice or material we provide to you in 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 12 March 2021.

 

Schedule: Service Terms

  • Smoke alarm safety and compliance service
  • Gas safety and compliance service
  • Electrical safety and compliance service

RIC Safety Audits offer the 3 services as packages to make costs and services more practical.

Full list of packages and services can be found on our website www.ricsa.com.au

 

Smoke alarm safety and compliance service

 

Your obligations under Law

This Schedule includes the Service Terms for the annual Smoke Alarm Safety and Compliance Service and the Guarantee Services.

The Service Fee for each Scheduled Smoke Alarm Service is $100+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 hardwired to the mains (Wired Smoke Alarm)
  • 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 fulfillment 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 and annual maintenance check on each Smoke Alarm, which includes cleaning, running smoke and button tests and checking status relative to each Smoke Alarms expiry period.
  • Replacing the battery for all Smoke Alarms in your property.
  • Assessing position 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).
  • 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 and 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.

 

Relocating and replacing smoke alarms

To be compliant with the Law, there are requirements in relation to the positioning of Smoke Alarms in your property. Please note when a Smoke Alarm is relocated or replaced, there may be residual damage either from the original installation or resulting from the relocation or replacement of the Smoke Alarm. Our electricians are not professional painter/plasterers but will make reasonable efforts to avoid causing further damage. Damage that may have been caused by the original installation or from the relocation or replacement can vary due to the original type of Smoke Alarm installed, the size of the cable hole and existing paint coverage and there may be discolouration from the original Smoke Alarm or from plastering. Where you require repair, a quote for a professional painter/plasterer can be provided upon request. Any such work would be at your own additional cost.

 

Gas Compliance and Service

This Schedule includes the Service Terms for the biennial (every 2 years) Gas Safety and Compliance Service (“Scheduled Gas Service”) and the Guarantee Services (collectively, “Gas Services”).

The Service Fee for each Scheduled Gas Service is $390+GST

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), and includes (but may not be limited to):

  • Cooktop
  • Ducted Heating
  • Ovens
  • Gas Log Fire
  • Gas Hot Water Services
  • Gas Space Heaters
  • Solar Hot Water Service
  • Wall Furnaces
  • Hydronic Heating
  • Pool Heating
  • Mains pressure BBQ

 

Scheduled Gas Service

For each Property that is enrolled in the Gas Services (and is not an Excluded Property), we will (subject to the fulfilment of your obligations under the Terms) ensure that a Scheduled Gas Service is carried out at least once every two years, which shall include but is not necessarily limited to:

  • A gas safety and compliance check in respect to all gas installations, Gas Appliances and all gas fittings at least every 2 years delivered by or under the supervision of a registered ‘Type A’ gas fitter. This includes a full service, maintenance check and where applicable a safety and spillage check with a carbon monoxide analyser and negative pressure test.
  • A digital Gas and Safety Compliance Report issued after each Scheduled Gas Service is completed.
  • Pressure retention test of the main gas line into the Property.

 

Guarantee Services

For each property that has received the Annual Service (and is not an Excluded Property), call out and rectification costs will not be charged if there is found to be non compliance from our existing safety checks. RIC Safety Audits will handover any compliance reports to landlords within 7 days of requesting these forms.

 

Electrical safety and compliance service

This Schedule includes the Service Terms for the biennial (every 2 years) Electrical Safety and Compliance Service (“Scheduled Electrical Service”) and the Guarantee Service (collectively, “Electrical Services”).

The Service Fee for each Scheduled Electrical Service is $350+GST.

Reference to an 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, and includes (but may not be limited to):

  • Electric Oven
  • Electric Hot Plates
  • Electric Heaters
  • Air Conditioners
  • Range Hoods
  • Electric Hot Water Services

(collectively “Electrical Appliances”)

 

Scheduled electrical service

For each Property that is enrolled in the Electrical Services (and is not an Excluded Property), we will (subject to fulfillment of your obligations under the Terms) ensure that a Scheduled Electrical Service is carried out at least once every two years, which shall include but is not limited to:

  • An electrical safety and compliance check in respect to all electrical installations, electrical fittings and all electrical appliances (unless excluded below) at least every 2 years delivered by a qualified electrician.
  • A digital Electrical Safety and Compliance Report issued after each Electrical Safety and Compliance Service is completed.
  • A thorough switchboard inspection including a condition and safety check, insulation inspection and RCD/ safety switch test.
  • All accessible power points checked including earth fault loop impedance, polarity and earth continuity test.
  • Where possible an inspection of cabling in the roof space and under the floor.
  • An earth continuity test from the main earth electrode to the main switchboard and from any equipotential bonds to the main switchboard.
  • An earth continuity test from the main switchboard to all hardwired Electrical Appliances in the Property.
  • A safety check of all leads, plugs and casings attached to Electrical Appliances at the Property.
  • All testing will be carried out in accordance with AS/NZS3019:2007 Section 4

Electrical installations, fittings and Appliances must be accessible in order to be included in the Scheduled Electrical Service. Accessible in these Service Terms means that the installations, fitting or Electrical Appliance is not under the house, in the roof, on the roof or obscured by items that cannot be moved due to weight, risk of damage to floor or surfaces, hard wired (e.g. ovens) or above a certain height. Where the installation, fitting or appliance is inaccessible, the Scheduled Electrical Service will not be provided in respect to that installation, fitting or appliance.

 

Guarantee services

For each Property that has received the Scheduled Service (and is not an Excluded Property), we will provide, at not charge the replacement of any faulty or damaged, light switches, power points, fuses and circuit breakers (excluding globe replacement) free of charge while onsite conducting the Scheduled Electrical  Service. Any additional works required will be quoted as required.

For the sake of clarity, if a Property is or becomes and Excluded Property in respect of the Electrical Services for any reason, the Service Guarantee is void from that date.