SafePulse Terms and Conditions

Last updated: November 2025

1. Definitions

“AED” refers to the Automated External Defibrillator to be installed.

“Client” refers to the person or entity engaging SafePulse for the supply, installation, or maintenance of AED units.

“Equipment” refers to the AED unit, cabinet, signage, and associated components.

“SafePulse” refers to the trading name used by the SafePulse team, the supplier and installer.

“Standard Unit” refers to an AED without remote monitoring capability.

“Monitored Unit” refers to an AED equipped with 4G or similar technology enabling remote monitoring.

2. Important Disclaimer – No Legal Advice

SafePulse does not provide legal advice and does not interpret legislation for Clients. Any information or recommendations provided by SafePulse are general in nature and based on publicly available information and industry best practice. Clients should obtain independent legal advice if they require confirmation of legal compliance or interpretation of the Automated External Defibrillators (Public Access) Act 2022 (SA), Automated External Defibrillators (Public Access) Regulations 2024 or any other legislation.

3. Payment Terms

Installation fees must be paid in full prior to the confirmed installation date.

Installation bookings are only confirmed once payment has been received.

For Clients on an ongoing maintenance plan, fees are payable in accordance with the agreed billing cycle specified in the Client’s quotation or service agreement.

SafePulse may pause or cancel maintenance services where payment has not been received.

4. Installation Agreement

The Client must provide clear, safe, and accessible space for installation.

SafePulse installers complete work in accordance with Australian Standards and industry best practice.

If access is restricted or the site is not ready, additional call out fees may apply.

If existing infrastructure is unsuitable, additional installation or repair costs may apply and will be discussed prior to proceeding.

5. Information Reliance and Client Responsibility

SafePulse’s assessments, recommendations and advice regarding the number, type and placement of AED units are based entirely upon information provided by the Client at the time of quotation, survey or consultation. The Client acknowledges and warrants that:

(a) all information, plans, specifications, measurements and site details provided to SafePulse are complete, accurate and current as at the date of provision, including but not limited to floor plans, publicly accessible areas, building usage patterns, occupancy levels, emergency evacuation procedures and any adjacent or related properties under the Client’s ownership or control that may affect compliance obligations under the Automated External Defibrillators (Public Access) Act 2022 (SA)

(b) any failure to provide complete or accurate information, including failing to disclose ownership of adjacent properties, connected facilities, shared access areas or other factors that may affect the Client’s obligations under the Act, may result in SafePulse’s recommendations being insufficient to achieve full compliance with statutory requirements

(c) SafePulse has no duty or obligation to independently verify, validate or investigate any information provided by the Client, nor to conduct independent research regarding the Client’s property portfolio, ownership structures or compliance obligations beyond what is expressly disclosed by the Client

(d) SafePulse has no ongoing duty to monitor changes to the Client’s property, operations, ownership structure or circumstances that may affect AED requirements, including but not limited to substantial renovations, extensions, changes in building use, alterations to publicly accessible areas, acquisitions of adjacent properties or changes in statutory requirements that may necessitate additional or relocated AED units and

(e) the Client accepts full responsibility for ensuring ongoing compliance with the Automated External Defibrillators (Public Access) Act 2022 (SA) and related regulations, and for notifying SafePulse of any material changes that may affect AED placement, quantity or compliance requirements.

SafePulse is not liable for any losses, damages, penalties, fines or consequences arising from:

(a) incomplete, inaccurate or misleading information provided by the Client

(b) the Client’s failure to disclose material facts that affect compliance obligations

(c) changes to the Client’s property, operations or circumstances occurring after SafePulse’s initial assessment that may affect AED requirements

(d) the inadequacy of AED placement or quantity recommendations where such inadequacy results from reliance upon incomplete or inaccurate Client information or

(e) any breach of statutory compliance obligations where such breach results from factors not properly disclosed to SafePulse at the time of assessment.

This limitation applies to the maximum extent permitted by law and is in addition to all other limitations and exclusions set out in these Terms and Conditions.

6. Registration

SafePulse will register each AED with the SA Ambulance Service AED Registry upon installation.

The Client must notify SafePulse if the AED is relocated, damaged, or removed.

7. Warranty

AED units and cabinets are covered by the manufacturer’s warranty.

SafePulse provides a 12 month workmanship warranty on installation.

Damage from misuse, tampering, vandalism, or external events is not covered.

8. End of Life Notification

Most AED units reach end of life after approximately eight years. If the Client continues to be a client of SafePulse through the maintenance service, SafePulse will notify the Client when that time approaches and may recommend replacement.

9. Maintenance Service

SafePulse provides maintenance services according to the type of Equipment installed and the level of service selected by the Client. Maintenance may include scheduled inspections, remote monitoring, consumable replacement, functionality checks and documentation of service history.

For Standard Units, SafePulse will conduct physical inspections at intervals set out in the Client’s quote or service agreement. These inspections may include:

• AED readiness and functionality checks

• Replacement of pads and batteries when required

• Visual inspection of cabinet and mounting

• Updating service records

SafePulse performs inspections to help keep AEDs operational. Maintenance includes inspection of cabinet and signage, AED function testing, tracking and replacement of pads and batteries, and maintenance documentation.

For Monitored Units equipped with 4G or similar monitoring capability:

• SafePulse may receive automated alerts for status changes, battery levels, pad expiry, fault codes, movement or activation

• SafePulse will notify the Client of issues requiring attention

• SafePulse may schedule visits in response to alerts

• Remote monitoring supplements physical servicing but does not replace it unless explicitly stated in writing

The Client must provide reasonable access for scheduled visits.

If the AED is used, the Client must notify SafePulse as soon as possible for Standard Units. For Monitored Units, SafePulse may receive an alert when the unit is activated. SafePulse will inspect the unit, restore readiness, and replace any consumables used. A call out fee may apply. Consumables not covered under the maintenance plan will be invoiced at current retail rates.

Fee Reviews

Maintenance fees may be reviewed every six months. Clients will be notified before changes take effect.

10. Theft, Damage, or Tampering

If the AED or cabinet is damaged, removed, or tampered with, SafePulse may charge reasonable repair or replacement fees.

Where GPS enabled or Monitored Units are used, SafePulse may assist in providing location information to police, but recovery is not guaranteed.

11. Limitation of Liability

To the fullest extent permitted by law and subject to the Australian Consumer Law, SafePulse excludes and limits its liability as follows

(a) SafePulse is not liable for any indirect, consequential, special or incidental losses, damages or expenses arising from or in connection with the supply, installation, maintenance or use of Equipment, including but not limited to loss of profits, loss of business opportunity, loss of revenue, business interruption, reputational damage or any economic loss howsoever arising

(b) SafePulse provides no warranty, representation or guarantee regarding the operational performance, functionality or reliability of any AED unit beyond the manufacturer’s express warranty terms, and SafePulse is not liable for any failure, malfunction, defect or performance issue of any AED unit that occurs outside the scope of such manufacturer’s warranty, including but not limited to failure to operate during an emergency, battery failure, software malfunction, component breakdown or any operational deficiency

(c) where an AED unit fails to operate as intended or malfunctions during an emergency or medical event, SafePulse’s sole liability (if any) shall be limited to facilitating warranty claims through the manufacturer, and SafePulse expressly disclaims all liability for any consequences, injuries, damages or losses arising from such equipment failure or malfunction and

(d) SafePulse is not responsible for monitoring the ongoing functionality, readiness or operational status of any AED unit between scheduled maintenance visits, and the Client acknowledges that AED units are complex medical devices that may fail without warning despite proper maintenance and that such risk of failure lies entirely with the Client.

12. Third Party Actions and External Events

(a) SafePulse is not liable for any costs, damages, losses or expenses arising from misuse, theft, vandalism, tampering, damage or removal of Equipment by any third party, including members of the public, visitors, contractors, trespassers or any other persons not under SafePulse’s direct control

(b) where Equipment is damaged, stolen, vandalised or tampered with, the Client remains liable for reasonable repair or replacement costs as set out in these Terms and Conditions, and SafePulse’s provision of assistance with police reports or GPS location information (where available) does not constitute any warranty or guarantee regarding recovery of stolen Equipment and

(c) SafePulse expressly disclaims liability for any consequences arising from the actions or omissions of third parties in relation to the Equipment, including but not limited to interference with equipment operation, unauthorised access, criminal activity or emergency misuse.

13. Legal Compliance and Third Party Disputes

(a) SafePulse is not liable for any dispute, claim, demand, legal proceeding or regulatory action arising between the Client and any third party concerning the Client’s compliance or alleged non compliance with the Automated External Defibrillators (Public Access) Act 2022 (SA) or any other statute, regulation or legal requirement

(b) where any regulatory authority, government body or third party alleges that the Client has failed to comply with statutory obligations regarding AED installation, placement, maintenance or registration, such matter remains entirely between the Client and the relevant third party, and SafePulse shall have no liability or obligation to defend, indemnify or otherwise assist the Client in such proceedings

(c) SafePulse provides no warranty, representation or guarantee that its services will ensure the Client’s ongoing compliance with any current or future statutory requirements, and changes to legislation, regulations or compliance standards that may affect the Client’s obligations are the Client’s sole responsibility to monitor and address

(d) any legal costs, penalties, fines, compensation orders or other financial consequences arising from disputes regarding the Client’s statutory compliance obligations shall be borne entirely by the Client

(e) subject to the Australian Consumer Law, SafePulse’s maximum aggregate liability to the Client for any and all claims arising from or in connection with these Terms and Conditions or the supply of Equipment and services, regardless of the cause of action or theory of liability, shall not exceed the total amount paid by the Client to SafePulse for the specific Equipment installation that gives rise to the claim

(f) nothing in this clause removes, restricts or modifies any rights or remedies available to the Client under the Australian Consumer Law. Where the Australian Consumer Law applies and permits SafePulse to limit its liability for breach of consumer guarantees, SafePulse’s liability for goods not ordinarily acquired for personal, domestic or household use is limited to the replacement of goods, supply of equivalent goods, repair of goods, payment of the cost of replacing or acquiring equivalent goods, or payment of the cost of having goods repaired

(g) the Client indemnifies and holds harmless SafePulse against any claims, actions, damages, costs or expenses including legal costs on a solicitor client basis arising from or relating to the Client’s breach of these Terms and Conditions, misuse of Equipment, failure to comply with statutory obligations, or any third party claims arising from the Client’s ownership, possession or use of Equipment and

(h) this limitation of liability clause applies to all claims howsoever arising, whether in contract, tort including negligence, equity, under statute or otherwise, and shall survive termination of these Terms and Conditions.

14. Rescheduling and Cancellations

All payments made to SafePulse are non refundable, as AED units are purchased and allocated specifically for each Client.

If the Client needs to reschedule, SafePulse will organise the next mutually suitable installation date.

If an installation is cancelled within 24 hours of the scheduled time, a small call out fee may apply to cover labour and travel costs.

15. Ownership

Ownership of the AED passes to the Client once full payment is received.

16. Governing Law

These terms are governed by the laws of South Australia.

17. Agreement

By accepting a SafePulse quotation or invoice, the Client confirms that they have read and agreed to these Terms and Conditions.

18. Assignment

(a) SafePulse may transfer its rights and responsibilities under these Terms and Conditions to another suitable company without your consent. SafePulse can assign its rights under the maintenance agreement to ensure business continuity and flexibility. By agreeing to these Terms and Conditions, you consent to any such transfer.

(b) SafePulse will give you written notice at least thirty 30 days before transferring the maintenance agreement to another company. This notice will inform you who will be taking over the maintenance services and their contact details.

(c) When SafePulse transfers the maintenance agreement, your rights under these Terms and Conditions remain unchanged. The new company must honour all existing arrangements including your maintenance schedule, and service levels.

(d) After the transfer, you will deal directly with the new company for all maintenance matters including scheduled visits, emergency callouts, and billing enquiries. The new company will handle all ongoing maintenance obligations and you should direct all communications to them.

(e) You cannot transfer your rights or responsibilities under these Terms and Conditions to another person or business without SafePulse’s written consent. This ensures SafePulse continues to deal with the party it originally contracted with. Any attempt to transfer without consent will be invalid.

(f) This assignment clause survives even if these Terms and Conditions end for any reason.