Rentokil Initial Limited trading as the Pest Control Company (“PCC”) 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 PCC to perform the Service Plan.
Fees: The Fees as set out in this agreement are payable by the Customer to PCC 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 PCC are unable to issue an invoice on the day of Service or prior to it, then PCC will issue an invoice within 7 days of the Service being completed. PCC 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 PCC, then PCC 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 PCC 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 PCC’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 PCC.
Treatment effectiveness: PCC 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 PCC’s 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 PCC in writing.
Advice and recommendations: For pest services, PCC’s 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. PCC 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 PCC’s 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 PCC of such risks prior to accessing the premises) to the relevant areas of the premises and all facilities such as water and electricity that PCC may reasonably require to provide the services during business hours or at times agreed with the Customer. The Customer must advise the PCC 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 PCC with all necessary information, instructions, documentation and co-operation required by PCC. PCC 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 PCC 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. PCC 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 PCC.
Reliance on Service and Report: All reports provided by PCC 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 PCC that may be given conditionally or withheld.
Indemnity: To the extent permitted by law, the Customer will indemnify PCC and its Personnel against all actions, claims, proceedings or costs (including legal costs on a full indemnity basis) which PCC 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 PCC;
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 PCC,
except to the extent any loss or damage is caused by PCC or its Personnel.
Force Majeure: PCC 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 PCC 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, PCC 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. PCC 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 PCC 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 PCC for all expenses incurred in relation to the recovery of debts owed by the Customer.
Privacy and Credit Reporting: The Customer authorizes PCC, its employees and related entities, subject to compliance with applicable privacy legislation to use and disclose the personal information of the Client for any purposes connected with this Agreement or otherwise in accordance with Rentokil Initial Privacy Policy which can be accessed at www.rentokil.co.nz This use includes communicating offers to the customer about products and services from Rentokil Initial. The Customer has the option to opt out of receiving the information at any time. Where the Customer is provided with credit, the Customer authorizes PCC to: (a) obtain credit reports in respect of the Customer and is related entities from credit reporting agencies and other bodies permitted by law; (b) seek and or/disclose information about the Client and its related entities (including information about their credit worthiness, credit history, standing or capacity) which credit providers or other parties are permitted to supply obtain or receive under applicable privacy legislation (c) disclose information about the application for credit under this agreement and if successful, about the credit account and credit provided to a credit reporting agency or other permitted body in order to obtain information or credit reports; (d) disclose information including identity particulars, the fact the Customer had applied for credit and details of payments that are more than 60 days over due to credit reporting agencies, other credit providers or other permitted bodies; and (e) disclose information about the Customer and its related entities to any person considering acting as a guarantor of 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, PCC expressly excludes all warranties, guarantees, representations and conditions except as may be made by PCC to the Customer in writing.
Liability: To the extent permitted by law:-
PCC 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, PCC’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 PCC’s 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 PCC 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 PCC from the Customer pursuant to this agreement.
General:
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 PCC.
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..