Termico Pest Management Pty Ltd t/as Termico Pest Management Services - s.87B undertaking

On 27 April 2005 Termico Pty Ltd ACN 074 933 869 provided a court-enforceable undertaking to the ACCC after acknowledging alleged contraventions of sections 52 and 53(g) of the Trade Practices Act in relation to termite protection warranty claims.

Prior to April 2004, Termico Pest Management Pty Ltd trading as Termico Pest Management Services (Termico) represented in documents to homeowners, including in its New Home Termite Protection Warranty, that the Warranty was a 10 year warranty when in fact it was a 12 months warranty that could be renewed annually (up to 9 times) by the homeowner for an annual renewal fee. The ACCC is of the view that Termico's conduct in making those representations contravenes sections 52 and 53 (g) of the TPA.

Termico acknowledged the ACCC's concerns and has provided court-enforceable undertakings that:

• it will not, in trade or commerce, make false or misleading representations to customers regarding the duration of the warranty;
• it will write to warranty holders to explain the effect of its conduct; and
• it will implement and maintain a trade practices compliance program.