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1. Rentokil Initial Pty Ltd ABN 98 000 034 597 trading as Adelaide Pest Control (“APC”) agrees to supply a Commercial Pest Control Inspection and Treatment (the “Service”) at the specified areas of the premises described above for the Fees (plus GST) in relation to those Pests described in this agreement in accordance with these terms and conditions. Customer’s furniture and equipment is excluded unless referenced in this agreement for inspection and/or treatment. Additional areas or pests will be subject to a separate survey and proposal.
2. Acceptance: The Customer’s acceptance of these terms may be confirmed either by signing this document, confirming its acceptance by email or allowing APC to perform the Service.
3. Fees and Payment: The Fees as set out in this agreement are payable by the Customer to APC for the Service. Fees are exclusive of GST which shall be payable in addition to the Fees. The Fees are payable on the day the Service is rendered. APC will provide the Customer with an electronic tax invoice on the date of the Service. Where the Customer authorises a credit card or direct debit to a bank account, a charge for the Fees will be processed on the day the Service is rendered.
4. Interest on over dues & No Deductions: Interest is payable by the Customer on overdue amounts payable to APC from the end of the due date until the date on which the debt is paid at a rate of two per cent (2%) above the rate charged by APC’s bank on overdrafts for less than one hundred thousand dollars ($100,000.00). The Customer may not deduct or withhold any amount (whether by way of set off, counterclaim or otherwise) from any money owing to APC.
5. Treatment effectiveness: APC will deliver the Service in a competent and professional manner taking into account these terms. The ongoing effectiveness of the pest control provided depends on the Customer implementing APC’s recommended hygiene, housekeeping, stacking and property maintenance procedures. The Customer acknowledges that pest treatment may also be rendered ineffective by disturbing treated areas, building alterations, renovations and introducing untreated or infested materials to the property that encourage pest activity.
6. Pest Inspection and Treatment: All pest inspections undertaken as part of the Service will be based upon a visual inspection only limited to those areas and sections of the premises fully accessible and visible to the technician at the time and on the day of the inspection. Furniture, equipment, fittings and stock may conceal evidence of some pests that can only be revealed when these items are removed. The treatment will cover only those pests and areas described in this agreement. All other pests are excluded unless agreed by APC in writing.
7. Advice and recommendations: APC’s technician will provide a service report after the Service and provide advice and recommendations to the Customer to control and minimize pests and their habitat. These may cover hygiene, housekeeping, stacking, storage and maintenance.
8. Access and Safety: The Customer must ensure that APC’s staff and other authorised personnel (“Personnel”) have full and safe access (free of any health and safety hazards and risks) to the relevant areas of the premises and all facilities such as water and electricity that APC may reasonably require to provide the Service .The Customer must advise the APC technician before the commencement of the Service of any health and safety risks including the presence of asbestos. The Customer must also provide APC with all necessary information, instructions, documentation and co-operation required by APC. APC will comply with all reasonable security and safety instructions of the Customer while present at the Customer’s premises.
9. Customer Co-operation: The Customer must comply with all advice and instructions provided by APC to the Customer including any relating to pesticides and equipment usage and the health and safety of persons using the premises during and following the completion of the Service.
10. Damage to Utilities: If delivery of the Service requires drilling or cutting any materials, the Customer will be responsible for identifying the location of all utility services to the property including water and drainage pipes, electrical and telephone cables, gas pipes etc. APC will exercise due care in performing any drilling or cutting but the Customer will be liable for any damage caused by penetration to any such services unless caused by the negligence of APC.
11. Reliance on Service and Report: All reports provided by APC in relation to the Service are provided solely for the benefit of the Customer named in the report. Neither this agreement nor any report may be assigned by the Customer to another person or relied upon by any other person without the prior written approval of APC that may be given conditionally or withheld.
12. Indemnity: To the extent permitted by law, the Customer will indemnify APC and its Personnel against all actions, claims, proceedings or costs (including legal costs on a full indemnity basis) which APC may incur as a result of any reliance placed on the content of a service or inspection report by any person other than the Customer who obtained the report from the Customer without the written approval of APC, except to the extent any loss or damage is caused by APC or its Personnel.
13. Force Majeure: APC shall not be responsible for failure to meet any obligation if the failure results directly or indirectly from a cause beyond its control.
14. No Bribery: The Customer and APC agree:
(a) that they will not (nor allow anyone acting on their behalf) to offer, give, request or accept any undue financial or other advantage of any kind in any way connected with entry into this agreement; and
(b) they will each comply with all applicable laws related to bribery and corruption in connection with this agreement. Any failure to comply with this clause entitles a party to terminate this agreement upon notice to the other party.
15. Debt Collection: The Customer indemnifies APC for all expenses incurred in relation to the recovery of debts owed by the Customer.
(a) obtain credit reports in respect of the Customer and its related entities from credit-reporting agencies;
(b) seek and/or disclose information about the Customer and its related entities (including any information about their credit worthiness, credit history, standing or capacity) which credit providers are permitted by the Privacy Act 1988 to supply, obtain or receive;
(c) disclose information about the application for credit under this agreement and, if the application is successful, about the credit account and any credit provided to a credit-reporting agency in order to obtain information or credit reports;
(d) disclose information including identity particulars, the fact that the Customer has applied for credit and details of payments which are overdue more than sixty (60) days to credit-reporting agencies and other credit providers; and
(e) disclose information about the Customer and its related entities to any person considering acting as a guarantor of the Customer.
17. Entire Agreement: This agreement supersedes and replaces all previous agreements between the parties in relation to pest control services and contains the entire agreement between them as to its subject matter. To the extent permitted by law, APC expressly excludes all warranties, guarantees, representations and conditions except as may be made by APC to the Customer in writing.
18. Liability: To the extent permitted by law:-
(a) APC will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or in connection with this agreement, the supply of the services, the equipment or the sale of any goods.
(b) where a claim relates to a guarantee or warranty under the Australian Consumer Law, APC’s total aggregate liability to the Customer under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at APC’ option to:
(i) in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or
(ii) in relation to claims relating to goods, the resupply of the costs or the cost of re supply of the goods.
(c) in all other circumstances, the liability of APC to the Customer (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by APC from the Customer pursuant to this agreement.
(a) This agreement may only be amended in writing signed by both parties.
(b) A reference to ‘writing’ or ‘written’ includes electronic mail.
(c) If any provision of this agreement is illegal, invalid or unenforceable it may be severed without affecting the enforceability of the other provisions.
(d) The Customer may not assign its rights under this agreement without the prior approval of APC.
(e) Each indemnity in this agreement is a continuing obligation separate and independent from the other obligations of the party giving the indemnity and survives termination or expiry of this agreement.
(f) This agreement is governed by the laws of South Australia and the parties submit to the jurisdiction of the courts of South Australia.