Pest Control Canberra

JJMM Pty Ltd Trading ABN 45 123 722 154 as A1 Pest Control Canberra agrees to supply a 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 are excluded unless specifically referenced in this agreement for inspection and/or treatment. Additional areas or pests will be subject to a separate survey and proposal.

1. ACCEPTANCE

   The Customer’s acceptance of these terms may be confirmed by:

   Signing this document;

   Confirming acceptance by email; or

   Allowing A1 Pest Control Canberra to perform the Service.

2. FEES AND PAYMENT
   1. The Fees as set out in this agreement are payable by the Customer to A1 Pest Control Canberra for the Service. Fees are inclusive of GST.
   2. The Fees are payable on the day the Service is rendered. A1 Pest Control Canberra will provide the Customer with an electronic tax invoice on the date of the Service.
   3. Where the Customer authorises a credit card or direct debit to a bank account, the charge for the Fees will be processed on the day the Service is rendered.
3. INTEREST ON OVERDUE ACCOUNTS & NO DEDUCTIONS
   1. Interest is payable by the Customer on overdue amounts from the end of the due date until the date the debt is paid, at a rate of two per cent (2%) above the overdraft rate charged by A1 Pest Control Canberra’s bank for amounts under one hundred thousand dollars ($100,000.00).
   2. The Customer may not deduct or withhold any amount (by way of set-off, counterclaim, or otherwise) from money owing to A1 Pest Control Canberra.
   3. Should A1 Pest Control Canberra employ a debt collection company to recover any outstanding service debt, all associated fees, charges, and any legal fees incurred in the recovery process will be payable in full by the Customer.
4. TREATMENT EFFECTIVENESS
   1. A1 Pest Control Canberra will deliver the Service in a competent and professional manner.
   2. Ongoing effectiveness depends on the Customer implementing all recommended hygiene, housekeeping, stacking, and property maintenance procedures.
   3. Pest treatment may be rendered ineffective by: Disturbing treated areas;Building alterations or renovations; Introducing untreated or infested materials that encourage pest activity; or Applying any DIY or third-party treatments after A1 Pest Control Canberra has completed the Service, which will immediately void any warranty conditions provided.
5. WARRANTY CONDITIONS
   1. Any warranty offered by A1 Pest Control Canberra applies only to the specific pests and treatment areas described in this agreement.
   2. Warranty conditions are strictly subject to the Customer following all post-treatment recommendations and maintenance instructions provided by A1 Pest Control Canberra.
   3. Warranty will be void if: Treated areas are disturbed; Untreated or infested materials are introduced to the premises; Building alterations or renovations affect treated zones; Any DIY pest control products, chemicals, or treatments are applied after A1 Pest Control Canberra’s treatment, unless expressly approved in writing by A1 Pest Control Canberra; Excessive clutter, stored goods, or cardboard boxes are present, as these can harbour and transport pests, reducing treatment effectiveness; EPA regulations are breached by allowing any person without appropriate safety gear to be present in the vicinity while spraying is taking place.
   4. Warranty is non-transferable and applies only to the Customer named in this agreement.
   5. For termite inspections, warranty coverage applies only where a written termite inspection report has been provided in accordance with Section 6.2.
6. ADVICE AND RECOMMENDATIONS
   1. Following the Service, A1 Pest Control Canberra’s technician will provide advice and recommendations to control and minimise pests and their habitat. These may cover: Housekeeping; Stacking and storage; General maintenance measures.
   2. Written service reports and/or termite inspection reports with recommendations are provided only for termite inspections and commercial property inspections.
   3. For residential general pest treatments, advice will be given verbally at the time of service and no written report will be issued.
7. ACCESS AND SAFETY
   1. The Customer must ensure A1 Pest Control Canberra’s Personnel have full and safe access to relevant areas and facilities such as water and electricity.
   2. The Customer must advise the technician before the Service of any health and safety risks, including asbestos.
   3. The Customer must provide all necessary information, instructions, documentation, and co-operation required.
   4. A1 Pest Control Canberra will comply with reasonable security and safety instructions while onsite.
   5. The presence of excessive clutter, stored goods, or cardboard boxes (which can harbour and transport pests from one location to another) will reduce treatment effectiveness. Where such conditions exist, any applicable warranty will be void.
8. CUSTOMER CO-OPERATION
   1. The Customer must comply with all advice and instructions from A1 Pest Control Canberra regarding pesticide use, equipment usage, and safety during and after the Service.
   2. During treatment, Customers (and any pets) will be asked to vacate the premises or remain outside until the application is complete.
   3. After completion of treatment, Customers must not re-enter treated areas until all surfaces are dry, which generally requires 30–40 minutes drying time.
   4. It is against EPA regulations for any person not wearing appropriate safety gear to be in the vicinity while spraying is in progress.
9. DAMAGE TO UTILITIES

   If delivery of the Service requires drilling or cutting any materials, the Customer is responsible for identifying the location of all utility services (water, drainage, electrical, telephone, gas, etc.). A1 Pest Control Canberra will exercise due care, but the Customer is liable for any damage unless caused by A1 Pest Control Canberra’s negligence.

10. RELIANCE ON SERVICE AND REPORT
    1. All reports are provided solely for the benefit of the Customer named in the report.
    2. Neither this agreement nor the report may be assigned, transferred, or relied upon by any other person without the prior written approval of A1 Pest Control Canberra and the written approval of the Customer named on the report.
11. INDEMNITY

    The Customer indemnifies A1 Pest Control Canberra and its Personnel against all claims, actions, proceedings, or costs (including legal costs on a full indemnity basis) incurred as a result of:

    Any reliance on a service or inspection report by any person other than the Customer named in the report; or

    Any use or disclosure of the report without both the prior written approval of A1 Pest Control Canberra and the written approval of the Customer named on the report;

    except to the extent any loss or damage is caused by A1 Pest Control Canberra or its Personnel.

12. FORCE MAJEURE

    A1 Pest Control Canberra is not responsible for failing to meet obligations where the cause is beyond its control.

13. NO BRIBERY

    Both parties agree not to offer or accept any undue financial or other advantage in connection with this agreement and to comply with all applicable anti-bribery laws. Breach of this clause entitles termination of the agreement.

14. DEBT COLLECTION

    1. The Customer indemnifies A1 Pest Control Canberra for all costs, fees, and charges incurred in recovering overdue debts, including but not limited to:

       Debt collection agency fees;

       Legal fees (on a full indemnity basis); and

       Any court or enforcement costs.

    2. These recovery costs are payable in full by the Customer in addition to the original debt amount.

15. PRIVACY AND CREDIT REPORTING
    1. The Customer authorises A1 Pest Control Canberra, its Personnel, or any related entities, subject to compliance with the Privacy Act 1988, to use and disclose the Customer’s personal information for any purpose connected with this agreement, in accordance with the A1 Pest Control Canberra Privacy Policy (available at www.a1pestcontrolcanberra.com.au).
    2. The Customer expressly consents to: Receiving all notices, service reports, invoices, and correspondence electronically, including by email or SMS; and A1 Pest Control Canberra retaining service records, reports, photographs, and correspondence for legal, insurance, and compliance purposes for as long as required by law.
    3. Where the Customer is provided with credit, the Customer authorises A1 Pest Control Canberra to:
       1. (a) Obtain credit reports in respect of the Customer and its related entities from credit reporting agencies;
       2. (b) Seek and/or disclose information about the Customer and its related entities (including information about creditworthiness, credit history, standing, or capacity) as permitted under the Privacy Act 1988;
       3. (c) Disclose credit applications, account status, and payment details to credit-reporting agencies;
       4. (d) Report overdue payments of more than sixty (60) days to credit-reporting agencies and other credit providers; and
       5. (e) Disclose relevant information to any person considering acting as a guarantor of the Customer.
16. ENTIRE AGREEMENT

    This agreement supersedes all previous arrangements relating to pest control services and constitutes the entire agreement between the parties.

17. LIABILITY
    1. To the extent permitted by law, A1 Pest Control Canberra 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.
    2. Where a claim relates to a guarantee or warranty under the Australian Consumer Law, A1 Pest Control Canberra’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 A1 Pest Control Canberra’s option to:
       1. (a) In relation to claims relating to services – the resupply of the services or the cost of resupply of the services; or
       2. (b) In relation to claims relating to goods – the resupply of the goods or the cost of resupply of the goods.
    3. In all other circumstances, the liability of A1 Pest Control Canberra 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 A1 Pest Control Canberra from the Customer pursuant to this agreement.
    4. A1 Pest Control Canberra accepts no liability for pest activity where pests are reintroduced to the premises after the Service, including by the Customer, visitors, neighbouring properties, infested goods, or environmental factors outside the control of A1 Pest Control Canberra.
18. GENERAL
    1. (a) This agreement may only be amended in writing signed by both parties.
    2. (b) A reference to ‘writing’ or ‘written’ includes electronic mail.
    3. (c) If any provision of this agreement is illegal, invalid, or unenforceable, it may be severed without affecting the enforceability of the other provisions.
    4. (d) The Customer may not assign its rights under this agreement without the prior approval of A1 Pest Control Canberra.
    5. (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.
    6. (f) This agreement is governed by the laws of the State or Territory where the services are being provided to the Customer, and the parties submit to the jurisdiction of the courts of that State or Territory.
    7. (g) If the Customer has any concern or dispute about the Service, they agree to first attempt to resolve the dispute informally by contacting A1 Pest Control Canberra.
    8. (h) Any verbal representations, agreements, or assurances made by A1 Pest Control Canberra’s technicians, staff, or contractors are not binding unless confirmed in writing by an authorised representative of A1 Pest Control Canberra.