Smoke Alarm Professionals Limited
By using Smoke Alarm Professionals Limited (herein collectively referred to in this document as ‘Smoke Alarm Professionals’, ‘We’, ‘Our’, and/or ‘Us’) services (‘Services’) you acknowledge that you have read and understood these terms and conditions (‘Terms and Conditions’) and agree to be bound by them.
Access to and use of any information provided in Our materials or on this website and dealings made with Smoke Alarm Professionals are conditional upon your acceptance of these Terms and Conditions.
We recommend that you read these Terms and Conditions carefully and print out and keep a copy of them for your future reference. By using Our site or any of Our Services, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not wish to accept any part of these Terms and Conditions then you may not use Our Services or website or any of Our associated applications.
By using Our Services, you warrant to Us that:
- You will not use any of Our material or information on Our website for any purpose that is unlawful or prohibited by these Terms and Conditions;
- You are at least eighteen (18) years old and have the legal authority to use this website in accordance with these Terms and Conditions;
- You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of Our Services or Our website; and
- All information that you provide about yourself and about anyone else is true and accurate.
Please note that all of the prices as detailed in these Terms and Conditions are inclusive of GST.
We offer the following service package:
1. Smoke Alarm Professionals Annual Services (‘Services’)
$89 Once Off Smoke Alarm Service includes the following for a once off inspection:
(i) One single inspection of all 9 volt, 10 year and 240 volt (hard wired) smoke alarms in the property.
(ii) Our technicians will replace any faulty, damaged, missing or expired 9 volt and 10 year smoke alarms required for compliance for an additional cost of $39 per 10 year photoelectric smoke alarm, which includes the installation.
(iii) 240 volt (hard wired) smoke alarms can be replaced, upon request, at an extra charge by an electrical contractor.
2. Standard of Smoke Alarm
We confirm that:
(a) all of the Smoke Alarms that We fit will:
(i) satisfy the requirement to be a “qualifying smoke alarm” as that term is defined in the Residential Tenancy Act 1986 (‘RTA’) and Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 (‘Regulations’); and
(ii) if required bv the Building Act 2004, or if fitted in place of an existing alarm that satisfies the requirements contained clause F7 of the Compliance Document for New Zealand Building Code (the ‘Code’), satisfy the Code.
(b) Smoke Alarms will be fitted in a number and manner that is compliant with the RTA and Regulations, and any other applicable New Zealand law.
Note that We:
(a) reserve the right to replace faulty, expired, missing or damaged smoke alarms with an alternative brand to that of the smoke alarm when initially installed; and
(b) will not cover the cost to rectify any electrical cabling issues which cause alarms to become inoperable or ineffective.
3. Annual Service Fees
(a) Prior to providing any Services to you, We will conduct an initial inspection of the Enrolled Property (‘Inspection’).
(b) All Services offered by Us are provided and invoiced on an annual (12 month) basis, commencing on the date of the Inspection (‘Annual Service Period’). All applicable fees (‘Annual Service Fees’) are payable via invoice which will be issued following the Inspection.
(c) All Service renewal invoices will be made available via Our online client portal or issued via email one (1) month prior to the date of expiry of the Annual Service Period (‘Annual Renewal Date’).
(d) In the event that the invoice is not paid within thirty (30) days of the Annual Renewal Date, the relevant Enrolled Property will be made inactive in Our system and no further Services will be provided until such time as payment has been received in full.
(e) We will not re-attend a property that has an inactive status, until the outstanding invoice has been paid in full.
(f) Other than as set out in clauses 5(f) or 28(b), the Annual Service Fee will not be refunded whether in full or in part in the event of a cancellation of the Service, property transfer, damage and/or destruction to the property.
4. Payments and Fee increases are subject to change
(a) Prices for Our Services are expressed in New Zealand dollars.
(b) Prices as outlined within clause 1 of this document are based on the current price of smoke alarms and brands currently used.
(c) In order to ensure that the cost associated with the maintenance and replacement (where applicable) of 10 year smoke alarms are absorbed within the Annual Service Fees, the above prices for Our Services are subject to change at the Annual Renewal Date .
5. Legislative Requirements
(a) Our Services cover compliance requirements for smoke alarms in accordance with applicable legislation and regulations current as of 1 August 2016.
(b) The prices and services stipulated do not cover price increases caused as a result of any amendment to the current legislation or regulations.
(c) More particularly, should any amendment to New Zealand legislation result in a substantial increase in costs on Our part, such additional costs will be charged in addition to the Service fees detailed at clause 1 of these Terms and Conditions.
(d) Our fees are subject to change as a result of any increase. We will endeavour to mitigate the increase in fees to Our customers however, as confirmed above, the Services offered are only currently applicable to the compliance required by legislation as at 1 August 2016. In particular, note that Our fees will increase in the event of a change in the requirement for the type or number of smoke alarms utilised in a residential property which we, acting reasonably, believe substantially affects the costs of providing Services to you.
(e) Our Services as outlined above do not cover any amendments to type of alarm, interconnection or upgrades required as a result of any update to applicable legislation. In the event that We are required to change the brand of the installed smoke alarm due to legislative or regulatory amendments, an additional charge will be payable by the individual who has requested Our Services.
(f) If, as a result of a change to New Zealand legislation, Our fees increase, any “consumer” (as that term is defined in the Fair Trading Act 1986) that acquires Services will be offered the opportunity to cancel their contract with us, at which time the Annual Service Fee for the current Annual Service Period will be refunded on a pro-rata basis. Note that persons who acquire the Services “in trade” will not have a right to cancel their contract with Us as a result of increases in Our fees pursuant to this clause 5.
6. Health and Safety
We are committed to ensuring, so far as is reasonably practicable, the health and safety of Our workers, and to ensuring that the health and safety of other persons is not put at risk by work being undertaken as a part of, or in relation to, the Services. In relation to this, you agree:
(a) to comply with all health and safety obligations (‘Health and Safety Obligations’) as required by New Zealand Law;
(b) to take reasonable care for your own, and to ensure that your employees, agents, and other associated persons take reasonable care for their own, health and safety; and take reasonable care that your/their actions or omissions do not adversely affect the health and safety of anyone else, including Our workers; and
(c) to take all reasonably practicable steps to co-operate with Us, assist Us with, and to facilitate, Our compliance with Our Health and Safety Obligations which are applicable to the Services you have engaged and/or agreed that We carry out.
We reserve the right to charge a premium, in addition to the fees for Services set out in clause 1 of these Terms and Conditions, if you have engaged Us to provide Services in an environment or of a nature which, in Our reasonable opinion, requires Us to take additional steps over and above those ordinarily required in order for Us to comply with Our Health and Safety Obligations. We will notify you of any such premium prior to any work being carried out.
In particular, Our staff and/or contractors (which includes, field personnel, technicians and or electricians) individually carry ladders which reach a maximum height of one point eight (1.8) metres allowing them to service alarms to the maximum height of three (3) metres. If a ladder is to be used which is above three (3) metres in height, We require that two (2) staff members be present. In the event that an additional staff member is required to be present on the premises on this basis, an additional fee will be charged in the sum of twenty-five dollars ($25) per attendance.
7. Smoke Alarm Professionals Competitor Takeover
(a) We provide a competitor takeover service (‘Competitor Takeover Service’) whereby We will attend a property that is currently enrolled with a competitor of Ours and service the property’s smoke alarms free of charge for the period lasting until the expiry of the agreement between the agent or landlord and their current provider (‘Free Period’).
(b) Properties enrolled under Our Competitor Takeover Service will be provided with the conditions of Our $89 Service plan inclusions as per clause 1 of these Terms and Conditions. We will not offer any free replacement smoke alarms or additional smoke alarms that are required to deem the property compliant, during the takeover period.
(c) Once the Free Period has come to an end, Smoke Alarm Professionals will offer the client the opportunity to purchase one (1) of the Services. Once the first Annual Service Fee has been paid, clients are then entitled to the inclusions as provided by either of the following Services:
(i) $89 Once off Smoke Alarm Service;
(ii) In the event that an alarm is required prior to the fee for the annual renewal of the service being paid, the client has the option to either:
(iii) bring forward the Annual Renewal Date and pay the invoice; or
(iv) pay for the alarm at the current pricing schedule available at www.smokealarmprofessionals.co.nz
Please note that We will only replace smoke alarms that are required for compliance under current New Zealand legislation. If, at the end of the Free Period, a client chooses not to enter into a contract for the provision of Services with us, a one-off cost of fifty dollars ([$50.00) will be applied to cover the costs for the initial inspection at the property.
(a) We collect information from you with respect to the keys for the properties We service including their location and what property the keys may be utilised for.
(b) We confirm that all information relating to the collection, utility and location of the keys for the property (‘Key Information’) remains confidential and is only used for the purpose of providing you with Our Services
(c) The Key Information is held in a secure system on Our database.
(d) Smoke Alarm Professionals does not accept any responsibility for any damage to or loss of keys following the keys being collected and returned to you by Our technician. Please note that a record is kept on Our database to track when Our technicians return the keys to you.
By consenting to these Terms and Conditions by using Our Services and providing us, or otherwise allowing Us to collect, your personal information with respect to Our Services, you consent to Us using and disclosing your personal information for the purposes for which it was collected, and for related or ancillary purposes. We use information held about you in the following ways:
(a) Carrying out Our obligations arising from any contracts entered into between you and Us and to provide you with the information, products and services that you request from us;
(b) Providing you with information about other goods and services that We offer that are similar to those that you have already purchased or enquired about;
(c) Providing you, or permitting selected third parties to provide you, with information about goods or services that We feel may interest you. If you are an existing customer, We will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where We permit selected third parties to use your data, We (or they) will contact you by electronic means only if you have consented to this. If you do not want Us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which We collect your data;
(d) Notifying you about changes to Our Services; and
(e) Ensuring that content from Our site is presented in the most effective manner for you and for your computer.
(a) During the performance of Our Services, We may wish to send messages and documents electronically (‘Electronic Communication’).
(b) By consenting to these terms and conditions, you acknowledge that Electronic Communication carries with it the possibility of inadvertent misdirection, interception or non-delivery of confidential material.
(c) If you do not consent to the use of Electronic Communication in the course of Us providing the Services, you should notify Us in writing at PO Box 16211, Hornby, Christchurch 8441, New Zealand.
(d) We take website and Electronic Communication security very seriously and We are committed to safeguarding your information. We conduct various physical, electronic, administrative and managerial security procedures in order to protect personal information and Electronic Communications from loss, misuse and from unauthorised access, modification, disclosure and interference.
(e) Smoke Alarm Professionals does not accept responsibility and will not be liable for any damage or loss caused in connection with the interception or corruption of an Electronic Communication or if it contains a computer or electronic virus.
(f) We are not liable for any damage or loss arising as a result of any unauthorised copying, recording, reading or interference with an Electronic Communication , for any delay or non-delivery of any Electronic Communication and for any damage caused by your system or any files by any Electronic Communications.
11. Provision of Incorrect information
By consenting to and accepting these Terms and Conditions, you acknowledge the following:
(a) Any errors relating to dates, tenant details and addresses provided by you may delay the completion of servicing (‘Delay’).
(b) It is not the responsibility of Smoke Alarm Professionals to ensure that the information you provide is correct.
(c) Smoke Alarm Professionals will not be liable to pay any damages arising from a Delay or any incident which may occur prior to Our attendance at the property as a result of a Delay.
12. Restrictions on Types of Buildings
(a) Smoke Alarm Professionals specialise in the inspection and compliance of smoke alarms within residential properties only. Under no circumstances will We attend a property to carry out Services in relation to any of the following types of buildings:
(i) commercial buildings;
(ii) boarding houses;
(iii) guest houses; or
(b) If We attend a property that contains buildings in the type described in clause 12(a) above, We will not:
(i) perform any compliance work;
(ii) issue an invoice; or
(iii) issue a compliance report.
Smoke Alarm Professionals, its employees, agents and subcontractors will keep confidential all data and other information which comes into their possession as a result of the performance of Our Services.
Any failure by Us to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of that right or provision. Any waiver of any provision of these terms shall only be effective where We sign it in writing.
15. Limitation of Liability Generally
Nothing in these Terms and Conditions excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by New Zealand law.
To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our site or any content on it, whether express or implied. Nothing in the proceeding paragraph shall limit, or attempt to limit, any person’s rights under the Consumer Guarantees Act 1993 (‘CGA’) or Fair Trading Act 1986 (‘FTA’).
We are not liable for any loss or damage caused by a computer or electronic virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your:
(a) use of Our site; or
(b) downloading of any content on it, or on any website linked to it.
Importantly, We will also not be liable for damage caused with respect to disconnecting smoke alarms. For example, in the event that We must force entry into a property on the instruction of the landlord or the landlord’s agent, the fire service is called or any other third party is required to attend the property in relation to the smoke alarm’s use or non-use, We will not be liable to pay any costs or damages.
In the event that We remove a smoke alarm which is not required for compliance, We will remove the alarm and fill the hole in the ceiling with gap filler. If a ring is visible where the alarm used to be located then We will re-install the existing smoke alarm base (only if it is a 240 volt smoke alarm) to cover this area.
By agreeing to be bound by these Terms and Conditions, you acknowledge that We do not repair the ceiling or hole where the smoke alarm was to its original condition prior to when the smoke alarm was fitted however, We will use Our best endeavours to ensure that the space looks reasonably presentable to the best of Our ability.
16. Limitation of Liability in Respect of Services Provided to Businesses
In addition to the limitations of liability contained in clause 15, where you are acquiring the Services in trade, Our liability is limited in accordance with the provisions of this clause 16. Note that nothing in this clause 16 shall apply to you if, for the purposes of the FTA and CGA, you acquire Services other than while “in trade”.
To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our site or any content on it, whether express or implied. Specifically, where you are acquiring the Services for the purposes of a business, you acknowledge and agree that: (i) both Smoke Alarm Professionals and you (together, the “Parties”) are in trade; (ii) the Services are both supplied and acquired in trade; (iii) the Parties agree to contract out of sections 9 (misleading and deceptive conduct generally), 12A (unsubstantiated representations), 13 (false or misleading representations) and 14(1) (false representations and other misleading conduct in relation to land) of the FTA; and (iv) all warranties, conditions and other terms implied by the CGA or sections 9 (misleading and deceptive conduct generally), 12A (unsubstantiated representations), 13 (false or misleading representations) and 14(1) (false representations and other misleading conduct in relation to land) of the FTA are excluded from these terms and conditions to the fullest extent permitted by law. The Parties hereby expressly contracts out of section 12 (guarantee as to repairs and spare parts) of the CGA and does not undertake in accordance with that section that repair facilities and spare parts will be available for the Goods. The Parties agree that the provisions of this clause are fair and reasonable.
Where you are acquiring the Services in trade, We are not liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) Our provision of Services to you;
(b) use of, or inability to use, Our site; or
(c) use of or reliance on any content displayed on Our site.
Further, where you are acquiring the Services for the purposes of a business (including landlords), please note that We are not liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
17. Liability and Indemnity by Managing Agents
As a managing agent of the property to which the Service is provided to the extent permitted by law, you will at all times indemnify, and keep us, and each of Our related entities including directors, officers, employees and agents indemnified from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you arising from any claim, demand, suit, action or proceeding by any person against you or where such loss or liability arose out of, in connection with or in respect of Our Services, your conduct or a breach of these Terms and Conditions, including but not limited to a failure to pay the Annual Service Fee in respect of the properties.
18. Owners of Properties
To the extent permitted by law, Our liability to the owner of a property is limited to the lesser of insurance proceeds actually paid in respect of any loss suffered by the owner of a property, or the limit of Our insurance.
We will attend to the Enrolled Properties in a timely manner. We do not however confirm a timeframe in which We will conduct an inspection.
Further, We will endeavour to produce a compliance report for the property within 3 working days of attendance at the property.
We confirm that We will ensure that the correct amount of notice required by New Zealand law is provided to the tenant of an Enrolled Property in the event of Us entering a tenanted property to carry out Our Services; and
We confirm that We will be unable to access a property for which a Service has been requested when access to the property is inhibited due to:
(i) atmospheric conditions, extreme temperature or rain, war, road closures, flood, fire, acts of god, technician car breakdown, a technician car accident, a locked gate or no driveway access, or access requiring a vehicle other than a standard vehicle (not a 4WD);
(ii) a tenant or owner-occupier refusing Us entry;
(iii) a tenant or owner-occupier not being home at the agreed and arranged time;
(iv) any occupational health and safety reason including but not limited to:
(A) a dog (or other animal) at the premises;
(B) the existence (or suspicion) of asbestos;
(C) a menacing tenant or owner-occupier;
(D) suspected illegal activities inside the property;
(E) mould; or
(F) any other condition that would make the property an unsafe workplace for Our technician.
Note that We will not be liable as a result of Us not being able to access a property for which a Service has been requested for any of the reasons listed above.
We will endeavour to revisit any property which We have been unable to access for any of the reasons listed above on the next available date, and shall advise you of the scheduled date of this revisit prior to it taking place. A revisitation fee for any required revisit may apply.
In addition to any warranties given under New Zealand consumer law (to the extent that those warranties have not been contracted out of pursuant to clause 15), We warrant that:
(a) Our products are fit for their intended purpose and are free from defects in materials, designs and workmanship.
(b) Services are provided in a competent and diligent manner and with reasonable care and skill. In the event that Our products or services do not conform with the warranties as stated above, in addition to any rights under the New Zealand consumer law, We will, at Our election, provide a refund of the Service fee or replacement of the smoke alarm product.
Any claim or dispute arising under these terms shall be determined by arbitration under the Arbitration Act 1996 if the parties are unable or unwilling to resolve such dispute themselves within one (1) month of the dispute arising. However, nothing in this clause prevents either party from taking immediate steps to seek equitable relief before the New Zealand Courts.
We confirm that We hold the relevant insurance policies as required by law in the provision of Our Services.
23. Entire Agreement
These Terms and Conditions constitutes the entire agreement between Us and you and supersedes all prior representations, agreements, statements and understandings relating to its subject matter, whether verbal or in writing.
If any exclusion(s) or limitation(s) contained in these Terms and Conditions is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Terms and Conditions for the relevant purpose(s). Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Terms and Conditions.
26. Rules of Construction
No rules of construction will apply to disadvantage a party whether that Party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
27. Copyright Notice
(a) All content of Our site and Our materials (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) is Our exclusive property or that of Our content suppliers (if applicable) and is, unless specifically stated otherwise, protected by copyright or similar ownership rights. It is published by Us and may not be reproduced other than by downloading and viewing on a single computer and/or printing a single hard copy, for private purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without Our prior written consent.
(b) If you print off, copy or download any part of Our site in breach of these Terms and Conditions, your right to use Our site and Our Service will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
(c) The trade marks, logos and service marks shown on Our website and Our application, unless otherwise specified, are Our intellectual property. No rights are granted to use any of them without Our prior written consent.
(d) All rights are reserved.
28. Changes to these Terms
(a) We may revise these Terms and Conditions of use at any time by amending this page. In the event that We revise these terms and conditions, We shall give adequate notice of such changes using the contact details you have provided to us.
(b) If you are a “consumer” (as that term is defined in the FTA) you will have the right to cancel your contract with us, without penalty, if changes to the Terms and Conditions are materially detrimental to you, at which time the Annual Service Fee for the current Annual Service Period will be refunded on a pro-rata basis. Note that persons who acquire the Services for the purposes of a business will not have a right to cancel their contract with Us due to changes to the Terms and Conditions.
(c) By using Our Service or Our website or you are agreeing to be bound by the then current version of these Terms of Conditions. As such, please check this page from time to time to take notice of any changes We made.
(d) The materials appearing on Our site and or application could include technical, typographical, or photographic errors. We are not liable for any damage or loss associated with such error.
Last updated – May 2018