Rentokil Initial Limited trading as Flybusters AntiAnts (“Flybusters”) agrees to supply a Residential Pest Control Inspection and Treatment and/or sanitisation services (the “Service”) at the specified areas of the Premises described above for the Fees (plus GST) in relation to those Pests (if applicable) described in this document 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.
Acceptance: The Customer’s acceptance of these terms may be confirmed by allowing Flybusters to perform the Service Plan.
Fees: The Fees as set out in this agreement are payable by the Customer to Flybusters for the Service. Fees are exclusive of GST which shall be payable in addition to the Fees. The Fees are payable in advance or on the day the Service is rendered. If Flybusters are unable to issue an invoice on the day of Service or prior to it, then Flybusters will issue an invoice within 7 days of the Service being completed. Flybusters will provide the Customer with an electronic invoice on the date of the Service. Where the Customer has authorised a credit card, a charge for the Fees will be processed on the day the Service is rendered. If the Customer cancels a Service on less than 24 hours’ notice to Flybusters, then Flybusters may charge a cancellation fee to the Customer equivalent to 25% of the Service Fees.
Interest on over dues & No Deductions: Interest is payable by the Customer on overdue amounts payable to Flybusters 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 Flybusters’ 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 Flybusters.
Treatment effectiveness: Flybusters will deliver the Plan in a competent and professional manner taking into account these terms. The ongoing effectiveness of the pest control provided depends on the Customer implementing Flybusters’ recommended hygiene, housekeeping and property maintenance procedures. The Customer acknowledges that pest treatment may also be rendered ineffective by disturbing treated areas, cleaning/washing treated surfaces building alterations, renovations and introducing untreated or infested materials to the property that encourage pest activity.
Pest Inspection and Treatment: All pest inspections undertaken as part of the Plan 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 Flybusters in writing.
Advice and recommendations: For pest services, Flybusters’ technician will provide a service report after each visit and provide advice and recommendations, as required, to the Customer to control and minimise pests and their habitat. These may cover hygiene, housekeeping, stacking, storage and maintenance. Flybusters may elect to terminate this agreement if a Customer fails to implement recommendations necessary to eliminate factors or conditions contributing to Pests and the re-infestation by Pests.
Access and Safety: The Customer must ensure that Flybusters’ staff and other authorised personnel (“Personnel”) have full and safe access (free of any health and safety hazards and risks, unless the Customer has notified Flybusters of such risks prior to accessing the premises) to the relevant areas of the premises and all facilities such as water and electricity that Flybusters may reasonably require to provide the services during business hours or at times agreed with the Customer. The Customer must advise the Flybusters technician before the commencement of any service of any health and safety risks including the presence of asbestos, or any outbreaks in diseases or viruses at the premises. The Customer must also provide Flybusters with all necessary information, instructions, documentation and co-operation required by Flybusters. Flybusters will comply with all reasonable security and safety instructions of the Customer while present at the Customer’s premises.
Customer Co-operation: The Customer must comply with all advice and instructions provided by Flybusters 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 any service.
Damage to Utilities: If delivery of the Plan 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. Flybusters 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 Flybusters.
Reliance on Service and Report: All reports provided by Flybusters in relation to the Plan 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 Flybusters that may be given conditionally or withheld.
Indemnity: To the extent permitted by law, the Customer will indemnify Flybusters and its Personnel against all actions, claims, proceedings or costs (including legal costs on a full indemnity basis) which Flybusters may incur as a result of:
any person alleging loss or injury due to the equipment not being used by the Customer or its staff or invitees in the manner recommended by Flybusters;
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 Flybusters,
except to the extent any loss or damage is caused by Flybusters or its Personnel.
Force Majeure: Flybusters shall not be responsible for failure to meet any obligation if the failure results directly or indirectly from a cause beyond its control. 13. Bribery: The Customer and Flybusters agree:
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
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 the other party to terminate this agreement upon notice to the other party.
Removal of Equipment: On termination of this agreement, howsoever that arises, Flybusters may remove all of its equipment in the Customer’s possession or control, and for that purpose may enter the premises and remove the equipment. Flybusters shall use all reasonable care in removing the equipment but shall not be responsible for restoring that part of the premises to the original state. If Flybusters is unable to remove the equipment the Customer shall be liable for the replacement value of the equipment that has not been recovered.
Debt Collection: The Customer indemnifies Flybusters for all expenses incurred in relation to the recovery of debts owed by the Customer.
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, Flybusters expressly excludes all warranties, guarantees, representations and conditions except as may be made by Flybusters to the Customer in writing.
Liability: To the extent permitted by law:-
Flybusters 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.
where a claim relates to a guarantee or warranty under the Consumer Law, Flybusters’ 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 Flybusters’ option to:
in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or
in relation to claims relating to goods, the resupply of the costs or the cost of re supply of the goods.
in all other circumstances, the liability of Flybusters 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 Flybusters from the Customer pursuant to this agreement.
This agreement may only be amended in writing signed by both parties.
A reference to ‘writing’ or ‘written’ includes electronic mail.
If any provision of this agreement is illegal, invalid or unenforceable it may be severed without affecting the enforceability of the other provisions.
The Customer may not assign its rights under this agreement without the prior approval of Flybusters.
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.
This agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the courts of New Zealand..