Warranty Terms & Conditions

1. This Warranty applies

   For this Warranty to apply the following requirements must have been fully met to BASF’s satisfaction:

   1. All monies owing under the Accredited Termidor Applicators Company terms of trade for the supply of the Product and service have been paid.
   2. The property to which the BASF product is to be applied has been thoroughly inspected and sufficient recommended changes have occurred by the property owner as outlined in the property inspection report.
   3. The Product is applied as per the directions of use printed on the Termidor label and in accordance with the current relevant Australian Standards AS 3660.2 (2017).
   4. The property owner is supplied with a copy of the Certificate of Termiticide Application as required by the current relevant Australian Standards (at the time of print, this is AS 3660.2 (2017) for each application of termiticide inside or outside the dwelling).
   5. The Pest control operator applies a Termite treatment notice as required by the current relevant Australian Standards (At the time of print, This isAS 3660.2 (2017).
   6. The pest control operator does not recommend or condone the use of Termidor contrary to the Directions for use as printed on the current label.
   7. Regular (a minimum 12 months annually) inspections are carried out by a licensed insured Accredited Termidor Applicator.

   If any of these requirements have not been met then BASF shall be entitled to refuse any claim made under this Warranty.

2. Warranty Period

   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.

3. Inspections during Warranty Period:

   The Property Owner must:

   1. arrange for an Accredited Termidor Applicator to inspect the property at or immediately before the Warranty Inspection Intervals;
   2. provide all necessary access to allow the inspection to proceed on the day nominated by the Accredited Termidor Applicator;
   3. attend the inspection with the Accredited Termidor Applicator, if requested to do so,

   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.

4. Warranty Claim Handling

   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.

5. Limit of Warranty

   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.

6. Warranty Exclusions

   This Warranty ceases to operate if any of these terms are breached or if, in addition, BASF believes:

   1. the Property owner(s) has failed to carry out any of the owners responsibilities specified in this warranty
   2. there may otherwise be fault in design, construction or maintenance relevant to the Property or where Termidor been applied;
   3. any failure in the Product is as a result of natural events including fire, flood, tempest or terrorism
   4. there has been any intentional, reckless or negligent act by or on behalf of the Property owner that impacts on the Product’s performance;
   5. there has been any failure to adhere to all relevant BASF information relevant to the Product;

   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.

7. Authority

   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.

8. BASF and Customer

   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.

9. Entire Agreement

   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.