Limit of Warranty amount: $1,000,000 AUD in the aggregate
What is covered: Subject to the conditions overleaf, the protected structure/s of the site as detailed above are covered against any direct physical damage to structural and or decorative timbers caused by subterranean termites that occurs subsequent to the warranty commencement date above but prior to the warranty expiry date. This warranty does not include chattels of any nature (including without limitation carpets, ﬂoor coverings, antiques, heirlooms, artwork or painting furnishings and ﬁttings); further, any pergolas, timber decking, wiring, outhouses – (unless Eﬂex system is applied as per detailed plan), fences, gates and garden structures are speciﬁcally EXCLUDED from this warranty.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This warranty is an additional warranty offered by FMC Australasia Pty Ltd and is not intended to exclude or limit your rights and remedies under the Australian Consumer Law or other laws. The expiry of this warranty does not affect those rights.
In the event of a subterranean termite infestation of the Building as a result of the failure of the installed Eﬂex termite treated zone which failure is directly caused by the failure of the Eﬂex Products and results in damage by termites being caused to structural and/or decorative timbers of the Protected Structure during the Warranty Period then, subject to these general conditions of Warranty, FMC Australasia Pty Ltd (FMC Australasia) will, up to a maximum amount of $1,000,000 per Site:
This warranty shall be void and have no effect if any of the following circumstances occur at any time:
This Eﬂex warranty DOES NOT cover:
Your FMC Eflex Warranty will continue to operate during the Warranty Period for so long as you comply with the owner’s obligations contained in this Warranty. This is subject to your Eﬂex Accredited Operator conducting a minimum annual termite inspection of the property with report at your expense. Your Eﬂex Accredited Operator will then issue a further 12 month warranty certiﬁcate upon satisfaction of any recommendation/s (if any) in compliance with the maintenance program following the inspection being implemented at your expense.
In the event of any controversy or claim arising out of, or relating to this agreement it will be settled exclusively by arbitration, in the accordance with the rules of the institute of arbitrators Australia. Any judgment from such arbitration shall be binding upon both parties.
The Warranty Holder may assign the Warranty Holder’s rights under this Warranty to another person provided that only if: the Warranty Holder sells all of its interest in the Site to such assignee; the Warranty Holder gives written notice of the sale of the Site and assignment of Warranty to FMC; and the assignee agrees with FMC to be bound by all terms and conditions of this Warranty.
Buildings: The residential or commercial building(s) (as the context requires) where an Eﬂex product has been installed.
Eﬂex: Speciﬁc range of Termite Solutions.
Eﬂex Products: those products sold by FMC Australasia used in Eﬂex termite treated zones;
Eﬂex Accredited Operator: Means an operator accredited annually by FMC Australasia Pty Ltd to issue the Eﬂex Million Dollar Warranty Program.
Property Owner: Means registered proprietor(s) of the building.
Termites: Subterranean Termites (Drywood Family: Kalotermitidae and Dampwood Termites Family: Termopsidae) are speciﬁcally excluded from the terms of this warranty contract.
You should ﬁrst contact your Eﬂex Accredited Operator to inspect your problem, they will arrange any remedial action required minimizing the damage occurring. FMC Australasia will cover the cost of this initial inspection unless your warranty claim is found to be invalid, in which case FMC Australasia will not be required to pay, or may seek reimbursement in respect of any inspection costs.
If you require further advice or wish to make a claim, then you must contact FMC Australasia Pty Ltd within 14 days of the date on which you contact your Eﬂex Accredited Operator.
The Warranty Manager
FMC Australasia Pty Ltd
PO BOX 526
Cannon Hill QLD 4170
Telephone: 1800 066 355
Fax: 1800 355 896
Web: www.fmcaustralasia.com.au Please supply to FMC Australasia Pty Ltd details of your Eﬂex Warranty (including your warranty contract number and the name of your Eﬂex Accredited Operator) together with Your contact details (including Your telephone number, email address and postal address). FMC Australasia Pty Ltd will seek to contact you within 48 hours of receiving your correspondence.
Your Eflex Accredited Operator will be responsible for attending at the Site for the purpose of making an initial evaluation of any claims under this Warranty. If You are not satisfied with the response from your Eflex Accredited Operator or your Eflex Accredited Operator does not, or is unable to, inspect the Site within 14 days from the date that you contact them, FMC Australasia may appoint another Eflex Accredited Operator to investigate the claim under this Warranty.
Repairs and or treatments must be approved by FMC Australasia Pty Ltd in writing. Approved damaged timber repairs by an FMC Australasia Pty Ltd approved repairer will not commence until current reported termite activity is eliminated.