Undertaking date

Undertaking type

s.87B undertaking

Reference number

D05/1577

Section

ss. 52, 53(c), 53(f) & 53(g)

Company or individual details

  • Name

    Leon Enterprises Pty Ltd trading as Envirotechnics Pest Management

    ACN

    059 951 281

Undertaking

Prior to January 2004, Leon Enterprises Pty Ltd trading as Envirotechnics Pest Management (Envirotechnics) made a number representations in various documents to homeowners concerning its termite barrier system installed in new homes and the warranty provided by Envirotechnics in relation to that system.  The ACCC is of the view that Envirotechnics’ conduct in making those representations contravenes sections 52, 53(c), 53(f) and 53(g) of the Trade Practices Act 1974.

Envirotechnics acknowledges the ACCC’s concerns and has provided court enforceable undertakings that it will not, in trade or commerce, represent that:

  • its warranty (described as the New Home Termite Protection Warranty or Complete Timber Replacement Warranty) lasts for ten years, where in fact it is a twelve month warranty with an annual renewal option;
  • failure to arrange annual inspection of the home and renewal of the warranty will void the builders’ statutory obligations and the homeowner will bear all liability in the event of damage caused by termite attack, where that is not the case; and that
  • its spider treatment does not carry a warranty, where in fact it is subject to statutory warranties.

Envirotechnics has also undertaken to:

  • place a corrective advertisement in the West Australian;
  • write to warranty holders to explain the effect of its conduct; and
  • implement and maintain a trade practices compliance program.