1.1 In these conditions, unless the contrary intention appears:
(a) “Business Day” means a day other than a Saturday, Sunday or public holiday in in the place where an act is to be performed or a payment is to be made.
(b) “Customer” means the person(s) or entities that agrees to these conditions and is Receiving Services.
(c) “Receiving Services” means the process of engaging The Big Tick to provide Services from The Big Tick, or relying on Services provided by The Big Tick.
(d) “Services” means any report, document, certificate, information, product, goods, inspection, Handyman Works performed or the like provided by The Big Tick to a Customer in exchange for consideration.
(e) “Inspector” means an employee or contractor of The Big Tick holding a current pool safety inspectors licence
(f) “Handyman” means an employee or contractor of The Big Tick.
(g) “Land” means the property on which the Services are performed.
(h) “Pool Fence” means the pool safety barrier in its entirety
(i) “Owner” means the registered owner of the Land.
(j) “Product” means Product and/or Products used for the purpose of completing Handyman Works.
(k) “Handyman Works” means maintenance work completed by an employee or contractor of The Big Tick and the Product required to complete the work.
(l) “The Big Tick” means Cabmoray Pty Ltd ACN 118 454 247 trading as “The Big Tick”.
(m) “Occupier” means the person/s or entities residing on the Land.
2. General and Applicable Law
2.1 In the case of Services provided to Customers who are situated in any Australian State or Territory, the Terms shall be governed and interpreted according to the laws of Queensland, Australia and The Solutions Group and each Customer consents to submit to the jurisdiction of the Courts of Queensland and the Commonwealth.
2.2 No provision in the Terms will exclude, restrict or modify any condition, warranty or liability implied by applicable law, where such an exclusion, restriction or modification would render that provision void. In the event that a provision of the Terms proves to be illegal or unenforceable pursuant to any statute or rule of law, or for any other reason, such provision is deemed severed without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.
3 Customer’s Payment Obligations
3.1 The Customer agrees where applicable:
(a) to pay to The Big Tick the published inspection fee on the day stated on the invoice; and/or
(b) to pay to The Big Tick the Handyman Works deposit upon acceptance of the written quote; and/or
(c) to pay to The Big Tick the agreed outstanding balance for Handyman Works immediately upon completion of the work; and/or
(d) to pay to The Big Tick the published re-inspection fee on the day stated on the invoice; and/or
(e) to pay to The Big Tick the agreed Product invoice prior to shipping.
(f) that if the Customer does not strictly comply with the Customer’s obligation as set out in paragraphs (a), (b), (c) or (d) The Big Tick has no obligation whatsoever to perform Services and it is deemed that the Customer has cancelled the Services
3.2 If the Customer cancels or is deemed to have cancelled the Services
(a) on the day of the Services, an administration and reimbursement fee equal to the published inspection fee is immediately payable to The Big Tick, but the published inspection fee is not payable, and
(b) cancellation at any other time will not incur an administration or reimbursement fee
3.3 If the Occupier of the Land fails to restrain pets or other animals so that the Land can be accessed by The Big Tick the Customer will be charged an administration and reimbursement fee equivalent to 50% of the current re-inspection fee will be charged.
4 Customer’s Warranty and Other Obligations
4.1 The Customer:
(a) agrees that if the Customer is not the Owner, the Customer will within 2 days of receipt deliver to the Owner all documentation issued by The Big Tick to the Customer;
(b) warrants that The Big Tick representative(s) is irrevocably authorised to enter the Land for the purpose of conducting performing Services;
(c) will ensure that it is physically safe for The Big Tick representative(s) to attend on the Land for the purpose of performing Services; and
(d) will keep all pets and other animals (whether dangerous or not) owned or in the possession or control of the Owner, any Occupier of the Land and/or the Customer away from The Big Tick representative(s) and restrained so as to prevent escape from the Land while The Big Tick representative(s) is on the Land.
(e) failure to do so may incur charges as per 3.3.
5 The Big Tick’s Services
5.1 The Big Tick offers a variety of Services including but not limited to the following:
5.2 Pool Safety Inspection
(a) A pool safety inspection includes an Inspector inspecting the Pool Fence for compliance with the current pool safety standard for Queensland.
(b) The Inspector is only required to issue a pool safety certificate in respect of the Pool Fence if the Inspector is reasonably satisfied that the Pool Fence meets all relevant requirements.
(c) If the Pool Fence is compliant the Inspector will issue a pool safety certificate within 2 business days of the pool safety inspection.
(d) If the Pool Fence is not compliant, the Inspector will issue a nonconformity notice within 2 business days of the pool safety inspection.
(e) If the Owner is not satisfied with any decision of the Inspector in relation to the outcome, the Owner is entitled to lodge an appeal with the Queensland Building and Construction Commission (QBCC).
(f) If the Inspector issues a nonconformity notice in respect of the Pool Fence, the Inspector is legally obliged to:
(i) reinspect the Pool Fence at the request of the Owner within 5 working days of the request made within 3 months of issue of the nonconformity notice; and
(ii) advise the relevant local government if the Owner does not make the request set out in paragraph (a) within the time set out in paragraph (a).
(g) The Customer must pay to The Big Tick the published re-inspection fee in respect of any re-inspection. Clause 3 of these conditions applies in respect of any re-inspection.
5.3 Pool Safety Re-inspection
(a) A re-inspection includes inspecting the swimming pool barrier nonconforming issues outlined in the nonconformity notice and ensuring that other alterations have not been made making the swimming pool barrier non-compliant.
(b) If the pool barrier is compliant, issuing a pool safety certificate within 2 business days of the pool safety re-inspection.
(c) If the pool barrier remains not compliant, issuing a nonconformity notice within 2 business days of the pool safety re-inspection.
(d) If a nonconformity notice is issued 5.2 (f) and (g) apply.
5.3 Advisory Consultation
(a) An advisory consultation includes inspecting the swimming pool barrier for assessment of compliance with the current pool safety standard for Queensland.
(b) It does not include issuing a pool safety certificate if compliant or a nonconformity notice if not compliant.
(c) It includes a report of any nonconforming issues and information on how they could be rectified.
5.4 Handyman works
(a) The Big Tick will undertake in a professional and workmanlike manner the required work and;
(b) If a Pool Safety Re-inspection is required The Big Tick will waive the published re-inspection fee.
6.1 The Big Tick will not divulge confidential or commercially sensitive information discovered in the performance of an inspection unless directed to do so in writing by the appropriate authority following National Privacy Principles under the Privacy Act 1988.
6.2 The Big Tick may (but are not obliged to) contact the owner of the Land before the expiry of a pool safety certificate to remind the owner that the owner may seek a new pool safety certificate. If the Customer or the Owner does not want The Big Tick to do this the Customer or the Owner must expressly advise The Big Tick in writing.
7.1 Any Product remains the property of The Big Tick until paid for in full. Clause 2 of these conditions applies in respect of any product.
8 Other Issues
8.1 The Big Tick reserves the right not to provide Services. If The Big Tick exercises this right, any money paid by the Customer or the Owner to The Big Tick in respect of the requested Services will be promptly refunded by The Big Tick.
8.2 The Big Tick is not responsible for any loss suffered or expense incurred by the Customer or the Owner in respect of any failure or delay in the performance of The Big Tick’s obligations to the Customer or the Owner where such failure or delay is due to any cause outside the reasonable control of The Big Tick.
8.3 The Big Tick will only perform Services for the benefit of the Customer. The Big Tick and any representative are not liable to any third party in relation to any Services.
8.4 To the extent permissible by law, The Big Tick’s liability to the Customer or the Owner for any error made by The Big Tick or the Inspector in relation to the issue or non issue of a pool safety certificate or a nonconformity notice is limited to the fee paid by the Customer to The Big Tick in respect of the relevant inspection.
8.5 To the extent permissible by law, The Big Tick’s liability to the Customer or the Owner for any error made by The Big Tick or their representative(s) in relation to other Services is limited to the fee paid by the Customer to The Big Tick in respect of the relevant Services.