TERMS & CONDITIONS applying to the Green Zone Pty Ltd Two-Million-Dollar Warranty

Green Zone Pty Ltd is a privately owned Australian company established to develop the GREENZONE® technology for Australian building and construction markets.
GREENZONE® products come with guarantees and warranties that are included as per the Australian Consumer Laws. In short, you are entitled to a replacement or refund for a major failure of the GREENZONE® Termite and Insect Repellent Barrier 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.
This two million dollar warranty is an additional warranty offered by Green Zone Pty Ltd and applies to the functionality of GREENZONE®. It is not intended to exclude or limit your rights and remedies under the Australian Consumer Law  and the expiry of this Green Zone Pty Ltd warranty does not affect those rights.

WARRANTY ACTIVATION

In the event of a subterranean termite infestation as a result of the failure of the installed GREENZONE®  Termite & Insect Barrier whereby the failure is directly caused by the failure of the GREENZONE®  Termite & Insect Barrier 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, Green Zone Pty Ltd will, up to a maximum amount of $2,000,000 AUD per site:

1. Eliminate the active Subterranean Termites within the Protected Structure(s).
2. Repair (if possible) the GREENZONE® Termite & Insect barrier or otherwise treat for termite control; and / or
3. Replace or repair all termite damaged structural and decorative timbers.

WARRANTY EXCLUSIONS & CONDITIONS

This warranty shall void and have no effect if any of the follow conditions are to occur:

The Property Owner/s do not provide true and correct information to Green Zone Pty Ltd or participates in misleading, deceptive or fraudulent conduct in connection with this Warranty. The Property Owner/s fail to carry out any of the owners responsibilities specified in this Warranty. The GREENZONE® product is installed by a person that is not a registered and accredited GREENZONE® installer. Termites enter the GREENZONE® treated Building through any manner other than by a direct performance failure of the GREENZONE® Termite and Insect barrier.

If no active Termites are found in the Protected Structure at the time of inspection of reported damage by a GREENZONE® installer.

WARRANTY LIMITATIONS

This Green Zone Pty Ltd Two Million Dollar Warranty DOES NOT cover:

Any incidental damage not directly related to the effects of the Subterranean Termite activity (such as wood rot) Damage from pests other than the Subterranean Termite including without limitation Drywood or Dampwood Termites (Families known as Kalotermitidae and Termopsidae) Damage to possessions of any nature (including without limitation carpets, floor coverings, antiques, heirlooms, artwork or painted furnishings and fittings.), pergolas and timber decking, electrical wiring, outhouses (unless the GREENZONE® Termite & Insect Barrier is applied as per a detailed plan), fences, gates and garden structures. Repair of any item that did not comply with the Building Code of Australia. Any remedial treatments or repairs not authorised by Green Zone Pty Ltd Any damage the Home Owner or persons other than those authorised by Green Zone Pty Ltd may cause in investigating the presence of Subterranean Termites.

WHAT ARE THE RESPONSIBILITIES OF THE PROPERTY OWNER/S?

• During the Warranty Period the Property Owners must comply with the Maintenance
  Program put in place by their GREENZONE® Installer and at the recommended intervals without exceeding12 months. This is at the Property Owners’ personal expense.
• Property Owner/s must not make any alterations, renovations or additions to the
  Building or disturb any garden beds, soils or lawns next to the Protected Structure(s) until you notify your GREENZONE® Installer who will advise on any works as to their impact (if any) on your warranty.
• You must notify your GREENZONE® Installer as soon as possible if you believe you have disturbed your GREENZONE® Termite and Insect Barrier
• You must immediately notify your GREENZONE® Installer should you find active Termites anywhere on the property – do not disturb any termite activity or use any insecticides on the identified activity.
• You must comply with the Maintenance Program applicable to the GREENZONE® Termite and Insect Barrier, which shall apply from time to time during the Warranty Period.

THE CONTINUATION OF YOUR WARRANTY

Your Green Zone Two Million Dollar Warranty will continue to operate during the Warranty Period for as long as you comply with the obligations contained within this Warranty. This is subject to your GREENZONE® Installer conducting a minimum annual full termite inspection of the property with accompanying report. This is at your expense. Your GREENZONE® Installer will then issue a further 12-month warranty certificate upon satisfaction of any recommendation/s in compliance with the Maintenance Program following the inspection being implemented at your expense.

WARRANTY CLAIM DISPUTES

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.

DISCLAIMER AND RELEASE

1. The limited warranties provided herein are the exclusive warranties specified by Green Zone Pty Ltd and supersede any prior, contrary or additional representations, whether oral or written.
2. To the extent permitted by law any implied conditions or warranties, that apply to the GREENZONE® Termite and Insect Barrier or any part of it are limited in duration to the Warranty Period given in this warranty and Green Zone Pty Ltd disclaims and excludes those warranties after the Warranty Period.
3. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation might not apply. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
4. To the extent permitted by law, Green Zone Pty Ltd disclaims and excludes all other obligations or liabilities, express or implied, arising by law or otherwise,
   with respect to any non-conformance or defect in the GREENZONE® Termite and Insect Barrier or any other product supplied by Green Zone Pty Ltd, including but not limited to –
   (i) Any obligation, liability right, claim or remedy in tort, whether or not arising from the negligence of Green Zone Pty Ltd or it’s suppliers (active, passive or otherwise), and
   (ii) Any obligation, liability, right, claim or remedy for loss of or damage to any equipment. This disclaimer and release shall apply even if the express warranty set forth above fails of its essential purpose.
5. To the extent permitted by law, Green Zone Pty Ltd and or its suppliers shall have no obligation or liability, whether arising in contract (including warranty), tort (including active, passive or imputed negligence and strict liability) or otherwise, for damage to the GREENZONE® Termite and Insect Barrier, property damage, loss of use, revenue or profit, cost of capital, cost of substitute equipment, additional cost incurred by the warranty holder (by way of correction or otherwise) or any other incidental, special, indirect of consequential damages, whether resulting from the use, misuse or failure of the GREENZONE® Termite & Insect Barrier except as expressly contained in this warranty.

This exclusion applies even if the above warranty fails of its essential purpose and regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory.

ASSIGNMENT

The Warranty Holder may assign the Warranty Holder’s rights under this Warranty to another person provided that and only if: the Warranty Holder sells all of its interest in the Site to such assignee; the Warranty Holder gives written notice of the proposed sale of the Site and assignment of Warranty to Green Zone Pty Ltd; the assignee agrees with Green Zone Pty Ltd to be bound by all terms and conditions of this Warranty; and Green Zone Pty Ltd, acting reasonably, gives its prior written consent to such assignment.

DEFINITIONS

Accredited GREENZONE® Installer: Means licensed pest controller who has completed the GREENZONE® accreditation training and is registered to install GREENZONE® Termite and Insect Repellent Barrier products, issue the initial Green Zone Pty Ltd Two-Million-Dollar Warranty and to conduct annual termite inspections and renew the annual Green Zone Pty Ltd Two Million Dollar Warranty.

Buildings: The residential or commercial building(s) (as the context requires) where GREENZONE® product has been installed.

Green Zone Pty Ltd Two-Million-Dollar Warranty: Means a conditional warranty up to the value of AUD $2,000,000 (Two-Million-Dollars) for Australian installs only – terms and conditions apply.

GREENZONE® Termite and Insect Repellent Barrier: Any or all of Green Zone Pty Ltd’s range of pre-construction termite solutions including but not limited to GREENZONE®.

Home Owner: Means registered proprietor(s) of the building.

Maintenance Program: Means regular and thorough site inspections are to be undertaken at least every 12-months, some locations may require more frequent inspections, by an Accredited GREENZONE® Installer and also includes any other measures recommended by the Accredited GREENZONE® Installer.

Property Owner: Means registered proprietor(s) of the building.

Protected Structure: The residential or commercial building(s) (as the context requires) where GREENZONE® product has been installed.

Termites: Subterranean Termites. (Drywood Family: Kalotermitidae and Dampwood Termites Family: Termopsidae) are specifically excluded from the terms of this warranty contract.

Warranty Holder: Means the holder of the warranty

Warranty Period: Means a period of 50 years commencing from the date GREENZONE® Termite and Insect Repellent Barrier was installed and subject to the Protected Structure being registered with Green Zone Pty Ltd within 14 days of the completion of the installation of the GREENZONE® Termite and Insect Repellent Barrier.

PRIVACY STATEMENT

At all times, Green Zone Pty Ltd will maintain your personal information in accordance with its then current Privacy Policy, see www.greenzonebarrier.com.

MAKING A CLAIM

You should first contact your accredited GREENZONE® Installer to inspect your Building, they will arrange any remedial action required to minimize the damage that is occurring. Green Zone Pty Ltd will cover the cost of this initial inspection unless your warranty claim is found to be invalid, in which case Green Zone Pty Ltd will seek reimbursement of the inspection costs.

If you require further advice or wish to make a claim, then you must contact Green Zone Pty Ltd within 14 days of you contacting your accredited GREENZONE® installer.

ADDRESS:

The Warranty Manager
Green Zone Pty Ltd
Unit 24c, 479 Warrigal Road
Moorabbin VIC 3189
Email: paulc@greenzonebarrier.com
Web: www.greenzonebarrier.com

If you intend on making a claim, please supply Green Zone Pty Ltd with the details of your warranty, including the contract number and the name of your accredited GREENZONE® installer. Also include your full contact details including phone, email, postal address. and site address of the building under warranty.

A representative from Green Zone Pty Ltd will contact you within 48 hours of receiving your correspondence.

Repairs and/or treatments must be approved by Green Zone Pty Ltd in writing. Approved damaged timber repairs by a Green Zone Pty Ltd approved repairer will not commence until the current reported termite activity is eliminated.