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L, Below is the email I sent to QBCC tonight. I hope it
l,Below is the email I sent to QBCC tonight. I hope it reads okay.MexxxxxDear Sir or Ma'am,The purpose of this email is to seek guidance over an issue we are having with our pest installer and their refusal to honour their warranty despite written guarantee on company paraphernalia given to us at handover. We have paid for the recommended annual inspections to be carried out since our house was new. Our house was built in 2009. We have communicated regularly with the installer, Termicide to rectify the termite infestation, however they refuse to honour their warranty which, in their correspondence, states: covers 12 years from time of installation. The saga is as follows:On 04th March 2017, Termicide attended our property to carry out the annual warranty inspection where active termites were discovered. Termicide's inspector, Rick, treated the area with a pesticide to eliminate them and advised at the time that the termites had ingressed our home via a crack in the footpath running along the back of our home. Upon closer investigation we found no evidence to support that statement. He also stated that the damage he uncovered was about the extent of the termites' incursion into our home. We found that statement to be wrong. After the termite barrier had been installed we engaged the services of a builder to repair the damage originally highlighted by your staff, however upon removing the linen cupboard and gyprock wall we discovered the damage was greater than was originally thought.It was the first visit on 04th March we were informed by Termicide we were not covered by their warranty. We were surprised to find this out considering we have kept up with, and paid for our warranty inspections since the house was constructed. On the 18th of March 2017 a follow-up inspection to gauge the effectiveness of the chemical was carried out by Termicide. Rick determined the termites to be eliminated and a more permanent solution to prevent further infestation was discussed along with methods of payment. A quote was sent via email where we elected to have the entire house treated by way of chemical barrier.On Monday, 29th and Tuesday, 3th of May 2017 a chemical barrier was installed at the cost to us of approximately $6,500.00. We have paid the invoice in full. This is despite the letter to us, dated 6 January 2010, stating in paragraph two the following:“Termicide also warrants your home against infestation for twelve years. This warranty guarantees that should termites breach the barrier and enter your home, Termicide undertakes to remove, repair and reinstate any structural damage at no cost you yourselves. The only proviso we have is that you undertake to have a (sic) annual warranty callout to comply with Australian Standards 3660.1 carried out by a member of our fully trained staff.”Australian Standards 3660.1 states the following:“The Purpose of termite barriers is to deter concealed entry by termites into a building, above the termite barrier. Termites can build around barriers but their workings or evidence thereof are then in the open where they may be detected more regularly”.At no stage has evidence of termite workings been detected either by members of Termicide staff or my Family, only the visible damage found in the roof where further investigation was warranted, in March.By being told termites ingressed our home via a crack in the footpath outside the house means they still breached the Termiglass and/or the slab which is meant to be protected by Frizbee Collars. Either way the termites breached Termicide's product and made their way into our home. Apart from the annual inspections carried out by Termicide, we are always on the lookout for infestations such as this in addition to ants, lawn grub and other pests. My father-in-law, who lives with us, and who has been in the building industry for 50 years, is a creature of habit and has done a regular walkaround of the house since we moved in … read more
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In March 2015 my son agreed to buy a 64m2 apartment with 3m2
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My mother resides in a retirement village in SA. the residents
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Is there a precedent where a retirement village resident successfully
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I am a resident in an Retirement Village in Queensland. I am
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I will try and word this briefly. We are building a new home
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Not sure where to get help and guidance on this matter, and
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When purchasing a portable dwelling in a retirement home under
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This question is for Deborah Awyzio. We live in an over-50s
This question is for Deborah Awyzio. We live in an over-50s village (own the house, lease the land) in Queensland. In April 2008 we were considering selling our house and moving back to NSW to be near… read more
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Deborah Awyzio

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Daniel

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John Melis

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Family Law, Commerical Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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