For this Warranty to apply the following requirements must have been fully met to BASF’s satisfaction:
If any of these requirements have not been met then BASF shall be entitled to refuse any claim made under this Warranty.
The warranty period will be determined by the pest control operator subject to the risk levels of future termite attack, up to but not exceeding a 12 month period. The accredited Termidor applicator can issue a further warranty after inspection and upon satisfaction that all recommendations from inspection reports have been implemented.
The Property Owner must:
The reference to Property Owner above includes the acts or omissions of any previous Property Owner upon whose instructions the inspection was carried out or who had possession of or control over the Property for any period.
The Accredited Termidor Applicator must notify BASF in writing of any alleged claim within 30 days of the date when the Accredited Termidor Applicator becomes aware or ought to have become aware of the alleged claim. A copy of this Warranty as executed must be provided at the time of the notification.
This Warranty does not apply to any structural damage to the property during the application process such as retaining walls, gates & fences, pergolas, decking or furnishings or other lifestyle features, artwork or ornamental designs. Other than for structural damage caused by defective product, the maximum recovery to which a Customer is entitled under any Warranty claim is either further Product or the value of replacement Product at the option of BASF
To the extent any structural damage is caused directly by the Product being supplied out of specification, then BASF will compensate the Customer for such damage but not exceeding AUD 2 million dollars in the aggregate.
This Warranty ceases to operate if any of these terms are breached or if, in addition, BASF believes:
To the extent permitted by law this Warranty is in lieu of all other warranties and/or conditions or terms whether express or implied that may otherwise apply or be incorporated into this Warranty.
BASF’s Business Director and Business Managers are the only BASF personnel that have authority about the application and extent of this Warranty. BASF is not and will not be bound by any other person’s assurance in relation to the Product.
Where in these terms BASF is entitled to reach its own belief as to any matters then it does so in its absolute discretion. Reference in these terms to Customer means the party to whom the Product was supplied or, where relevant (as in clause 3), a party having the benefit of this Warranty at any time.
Recommendations required in relation to this Warranty is to be read in conjunction with the Accredited Termidor Applicators terms and conditions of sale. These constitute the entire agreement between the parties and supersede and replace any other prior agreement, arrangement, representation, negotiation or inducement.