DEFINITIONS

1. “Bug Patrol Limited” shall mean Bug Patrol, or any agents or employees thereof.
2. “Customer” shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person contracting services from Bug Patrol.
3. “Services” shall mean all services, materials and advice provided by Bug Patrol to the customer including without limitation all Pest Management and all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of services by Bug Patrol to the customer.
4. “Price” shall mean the cost of the services as agreed between Bug Patrol and the customer subject to clause 3 of this contract.

ACCEPTANCE

1. The client has authorised Bug Patrol to enter their property and complete pest control services as requested.
2. Any instructions received by Bug Patrol from the customer for the supply of services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. Upon acceptance of these terms and conditions by the customer the terms and conditions are binding and can only be amended with the written consent of Bug Patrol.

PRICE

1. Where no price is stated in writing or agreed to verbally the services shall be deemed to be sold at the current amount as such services are sold by Bug Patrol at the time of the contract.
2. The price may be increased by the amount of any reasonable increase in the cost of supply of the services that is beyond the control of Bug Patrol between the date of the contract and delivery of the services.

PAYMENT

1. Payment is required in full within seven (7) days of the date of the invoice/s (“the due date”), OR should the client have an approved credit account with Bug Patrol, on the 20th day of the month following the date of the invoice (“the due date”).
2. Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
3. The Customer may not deduct or withhold any amount (whether by way of set off, counterclaim or otherwise) from any money owing to Bug Patrol.
4. Any expenses, disbursements and legal costs incurred by Bug Patrol in the enforcement of any rights contained in this contract shall be paid by customer, including any reasonable solicitor’s fees or debt collection agency fees.

QUOTATION

1. Where a quotation is given by Bug Patrol for services the quotation shall be valid for seven (7) days from the date of issue unless otherwise stipulated in writing by Bug Patrol; and
2. The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
3. Where services are required in addition to the quotation the customer agrees to pay for the additional cost of such services.

TREATMENT GUARANTEE, EFFICTIVENESS AND PROCEDURE

1. Bug Patrol will perform all services in a professional and competent manner.
2. The active life of products used in pest services is guaranteed per the manufacturer’s guarantee, on the provision that all recommendations and advice provided by Bug Patrol are adhered to.
3. The ongoing effectiveness of the pest control service provided depends on the Customer implementing Bug Patrols recommended hygiene, housekeeping and property maintenance procedures. Additional treatments may also be required to manage the pest. 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.
4. All pest inspections undertaken 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 any agreement. All other pests are excluded unless agreed by Bug Patrol in writing.
5. Bug Patrol technicians will provide advice and recommendations, as required, to the Customer to control and minimise pests and their habitat, these may cover hygiene, housekeeping, stacking, storage, maintenance as well as ongoing or regular treatments. Bug Patrol may elect to terminate any agreement if a customer fails to implement recommendations necessary to eliminate factors or conditions contributing to Pests and the re-infestation by Pests.
6. The Customer must ensure that Bug Patrols 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 Bug Patrol of such risks prior to accessing the premises) to the relevant areas of the premises and all facilities such as water and electricity that Bug Patrol may reasonably require to provide the services during business hours or at times agreed with the Customer. The Customer must advise the Bug Patrol 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 Bug Patrol with all necessary information, instructions, documentation and co-operation required by Bug Patrol. Bug Patrol will comply with all reasonable security and safety instructions of the Customer while present at the Customer’s premises.
7. The Customer must comply with all advice and instructions provided by Bug Patrol 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.
8. Products used have varying adherence properties therefore the residual effects may vary on different surfaces, i.e. smooth or porous. Local weather conditions can contribute to situations out of our control such as overspray and run marks, additionally product can get onto surfaces not targeted such as doors and windows, therefore we recommend all window cleaning be done after our treatment process is complete.
9. Bug Patrol will take are reasonable precautions when treating surfaces, however staining or marking is possible, therefore the customer is responsible for raising any concerns, or pinpointing areas to avoid, prior to treatment commencement.

CANCELLATION

1. Bug Patrol may cancel an appointment at any time before the services are carried out by giving notice verbally or written to the customer.
2. The Customer may cancel an appointment at any time before the services are carried out by giving no less than 24-hours’ notice to Bug Patrol. Where less than 24-hours’ notice is given, the Customer may be liable for 50 percent of the contracted service price at the discretion of Bug Patrol.
3. Bug Patrol shall not be liable for any loss or damage whatsoever arising from any cancellation.

DISPUTES

1. No claim relating to services will be considered unless made within forty-eight (48) hours of completion of the services.

DISPARAGING STATEMENTS

1. The customer shall not make any disparaging statement directed at Bug Patrol or the services provided by Bug Patrol publicly, including but not limited to social media, public forums, online forums, and blogs.

LIABILITY

1. The Consumer Guarantees Act 1993, the Commerce Act 1986, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Bug Patrol which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Bug Patrol, Bug Patrol liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
2. Except as otherwise provided by clause 1. above Bug Patrol shall not be liable for any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the customer or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from services provided by Bug Patrol to the customer: and
3. The customer shall indemnify Bug Patrol against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Bug Patrol or otherwise, brought by any person in connection with any matter, act, omission, or error by Bug Patrol, its agents or employees in connection with the services.

CONSUMER GUARANTEES ACT

1. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires services from Bug Patrol for the purposes of a business in terms of section 2 and 43 of that Act.

PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES

1. If the customer is a company or trust, the director(s) or trustee(s) entering a contract, in consideration for Bug Patrol agreeing to supply services and grant credit to the customer, also acknowledge these Terms and Conditions or contract in their personal capacity and jointly and, severally personally guarantee and undertake to Bug Patrol the payment of any and all other monies now or hereafter owed by the customer to Bug Patrol. Any personal guarantee made by any party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in any contract. The guarantors and customer shall be jointly and severally liable under the terms and conditions of said contract.

COLLECTION AND USE OF INFORMATION

1. The Customer authorises Bug Patrol to collect, retain and use any information about the customer, or for the purpose of assessing the customer’s credit worthiness, enforcing any rights under contract, or marketing any services provided by Bug Patrol to any other party.

MISCELLANEOUS

1. Bug Patrol staff will not move fragile items, electrical equipment, or large, heavy furniture or other large or heavy items.
2. It is the client’s responsibility to ensure the areas that are scheduled for treatment have been cleared and prepped as per Bug Patrol’s “Get ready for your Appointment” instructions prior to Bug Patrol’s arrival on-site. Should any delay to commencement of work occur, due to the site not being correctly prepared before-hand, Bug Patrol will charge the standard hourly rate for the duration of time delayed.
3. If pest services require drilling or cutting of 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. Bug Patrol 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 Bug Patrol.
4. All Quotes, Invoices, Reports provided by Bug Patrol in relation to the service offered or performed are provided solely for the benefit of the Customer named in the report. Neither this agreement, or any documents may be assigned by the Customer to another person or relied upon by any other person without the prior written approval of Bug Patrol that may be given conditionally or withheld.
5. On termination of any agreement, howsoever that arises, Bug Patrol may remove all its equipment in the Customer’s possession or control, and for that purpose may enter the premises and remove the equipment. Bug Patrol 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 Bug Patrol is unable to remove the equipment the Customer shall be liable for the replacement value of the equipment that has not been recovered.
6. The customer shall not assign all or any of its rights or obligations under these terms and conditions without the written consent of Bug Patrol.
7. Failure by Bug Patrol to enforce any of these terms and conditions shall not be deemed to be a waiver of any of the rights or obligations Bug Patrol has under this contract.
8. Where these terms and conditions are at variance with the order or instruction from the customer, this contract shall prevail.
9. 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, Bug Patrol expressly excludes all warranties, guarantees, representations and conditions except as may be made by Bug Patrol to the Customer in writing.
10. These terms and conditions are subject to change without prior notice.