Oz Pest Adelaide Terms and Conditions

Oz Pest Adelaide Terms and Conditions

Health and Safety Precautions to be observed during and after pest management treatment

1. You must advise us of any pets or of any personal or family/staff allergies, or other health concerns.
2. Any persons who may be particularly sensitive, or who may suffer from allergic reactions, should, as a matter of precaution, remain out of the premises for a period of twenty-four (24) hours and not return until after the premises have been fully ventilated. Leave any air-conditioners on ‘vent mode’ (so they circulate outside air into the building) for a period of at least four hours after the treatment or after re-occupying.
3. Should you suspect anyone has come into contact with a treated area and has been affected in any way contact the Poisons Information Centre on 13 11 26 and have this notice with you.
4. You must cover all food items and all food utensils prior to a treatment, as directed.
5. You must remove or protect any people, animals, birds or fish during the treatment period. All pets/animals should be kept away from treated areas until dry and any odour has cleared.
6. You must avoid contact with treated surfaces until the insecticide has dried. This could take one to three (1-3) to twenty-four (24) hours in some cases.
7. On external treatments close all doors and windows during the treatment and keep closed until the odour has cleared. This could take three (3) to twenty-four (24) hours in some cases.  This is done to avoid any odour entering the building.
8. When gaining access to, or working in the roof void and/or subfloor areas, overalls and gloves and a respirator should be worn to avoid contact with any insecticidal products. The overalls and gloves should be washed immediately and separate from other washing or disposed of as soon as practicable.

9. You must observe any verbal advice provided by our firm or our licensed technician at the time of treatment.

Payment Terms and Details of Your FREE Service Period – 12 Month Warranty

10. If during the course of the program it is found that structural or environmental conditions prevent us from performing any sections of the Management Program, as quoted, then the terms of the FREE Service Period or the cost of your investment may need to be reviewed.
11. Unless specific written arrangements have been provided, the full contract price shall be due and recoverable by on commencement of works, as detailed within the Quotation.
12. Any FREE Service Period (Warranty) shall become null and void unless all monies due and payable to have been paid in full.
13. Where a FREE Service Period has been provided then, upon notification by you, we agree to provide you with such remedial treatment(s) as may be required to the nominated property, AT NO COST TO YOU, for the term of the FREE Service Period. Any FREE Service Period is conditional upon you immediately notifying us of the signs of the suspected pest infestation.  Remedial treatment(s) will only be carried out to affected areas.
14. No responsibility can be accepted, nor warranty expressed or implied, for any damage or consequential losses that may occur as the result of past, current or future pest activity.
15. The proposed treatment only applies to the pest species named on the Quotation issued. This program does not provide for a Pest Management Program against untreated pests. These include twelve months on cockroaches, ants, silverfish and spiders. Six months on internal ants. Please note the following are not included in the 12-month warranty as they may require additional visits. Pests include German cockroaches, bed bugs, carpet moths, bees, wasps, webbing spiders and existing ant infestations.

Treatment Details and Pest Management Agents

16. Only Pest Management agents/products approved by the Department of Primary Industry and/or the Australian Pesticides and Veterinary Medicines Authority (APVMA) and registered for use within the relevant State or Territory will be used.
17. While every care will be taken, (Pro Pest Control Australia) will not be held liable should staining of timbers, fabrics, wall coverings, floor coverings or any other articles occur.
18. Where concrete drilling and or cutting is required; no liability is accepted should damage result to concealed services such as power, gas, water, etc. You indemnify us against any costs that may arise from such possible damages. You should provide clear and accurate plans before we commence any such site works. (No rectification works are provided for unless mentioned in the Quotation).
19. You accept that this Pest Management program can be rendered ineffective if you fail to implement our recommended hygiene procedures, by making building and/or landscaping alterations, or by the introduction of conducive or infested materials.

Disclaimer of Liability to Third Parties

20. This Pest Management Program is provided solely for the benefit of the Client named on this Quotation. No liability or responsibility whatsoever, in contract or tort, is accepted to any third party who may rely on the proposal, quotation and/or treatment wholly or in part.  Any third party acting or relying upon this proposal/quotation and/or treatment does so at their own risk.

Appointment Cancellation Fees

Your appointments and well-being are very important to us. We understand that sometimes, unexpected delays can occur, making schedule adjustments. If you need to cancel your appointment, we respectfully request at least 48 hours notice.

Our Policy:

3. Any cancellation or reschedule made less than 48 hours will result in a cancellation fee of $80.
4. If you are more than 30 minutes late for your service, we may not be able to accommodate you. In this case, the same cancellation fee of $80 will apply. We will do our very best to reschedule your service for another time that is convenient to you.
5. Please understand that appointment times are limited. If you must cancel your appointment, we respectfully request greater than 48 hours notice. Missed appointments, or appointments cancelled without at least 48 hours notice, will incur a fee of $80.
6. In the event of a true, unavoidable emergency, we will not charge you a cancellation fee.

Residential Pest Control

1. OZ PEST PTY LTD ABN 30 123 716 870trading as OZ PEST ADELAIDE (OPA) agrees to supply a Residential Pest Control Inspection and Treatment (the “Service”) at the specified areas of the premises described above for the Fees (incl GST) in relation to those Pests 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. 
2. Acceptance: The Customer’s acceptance of these terms may be confirmed either by signing this document, confirming its acceptance by email or allowing OPA to perform the Service. 
3. Fees and Payment: The Fees as set out in this agreement are payable by the Customer to OPA for the Service. Fees are inclusive of GST. The Fees are payable on the day the Service is rendered. RPC 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 OPA 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 OPA’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 OPA. 
5. Treatment effectiveness: OPA 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 OPA recommended hygiene, housekeeping, 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: The 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 OPA in writing. 
7. Advice and recommendations: OPA 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 OPA 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 OPA may reasonably require to provide the Service .The Customer must advise the OPA technician before the commencement of the Service of any health and safety risks including the presence of asbestos. The Customer must also provide OPA with all necessary information, instructions, documentation and co-operation required by OPA. OPA 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 OPA 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. OPA 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 OPA. 
11. Reliance on Service and Report:All reports provided by OPA 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 OPA that may be given conditionally or withheld. 
12. Indemnity:To the extent permitted by law, the Customer will indemnify OPA and its Personnel against all actions, claims, proceedings or costs (including legal costs on a full indemnity basis) which OPA 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 OPA, except to the extent any loss or damage is caused by OPA or its Personnel. 
13. Force Majeure:OPA shall not be responsible for failure to meet any obligation if the failure results directly or indirectly from a cause beyond its control. 
14. Bribery: The Customer and OPA 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 OPA for all expenses incurred in relation to the recovery of debts owed by the Customer. 
16. Privacy and Credit Reporting: The Customer authorises OPA, its Personnel or any related entities of OPA, subject to complying with the Privacy Act 1988, to use and disclose the personal information of the Customer for any purpose connected with this agreement or otherwise in accordance with the Rentokil Initial Privacy Policy which can be accessed at www.ozpestadelaide.com.au. Where the Customer is provided with credit, the Customer authorises OPA to do any of the following to assess the Customer’s application for credit under this agreement and, if the application is successful, to manage the credit account until the credit account is repaid in full and closed: 

(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, OPA expressly excludes all warranties, guarantees, representations and conditions except as may be made by RPC to the Customer in writing. 
18. Liability: To the extent permitted by law:- 

(a) OPA 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, OPA 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 OPA 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 OPA 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 OPA from the Customer pursuant to this agreement. 

19. General: 

(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) 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. 

(e) 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.

Commercial Pest Work Agreement

1. OZ PEST PTY LTD ABN 30 123 716 870trading as OZ PEST ADELAIDE (OPA) 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 OPA to perform the Service. 
3. Fees and Payment:The Fees as set out in this agreement are payable by the Customer to OPA 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. OPA 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 RPC 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 OPA 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 OPA. 
5. Treatment effectiveness:OPA 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 RPC’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 OPA in writing. 
7. Advice and recommendations:OPA 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 OPA 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 OPA may reasonably require to provide the Service .The Customer must advise the RPC technician before the commencement of the Service of any health and safety risks including the presence of asbestos. The Customer must also provide OPA with all necessary information, instructions, documentation and co-operation required by OPA. OPA 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 OPA 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. OPA 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 OPA. 
11. Reliance on Service and Report:All reports provided by OPA 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 OPA that may be given conditionally or withheld. 
12. Indemnity:To the extent permitted by law, the Customer will indemnify OPA and its Personnel against all actions, claims, proceedings or costs (including legal costs on a full indemnity basis) which RPC 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 OPA, except to the extent any loss or damage is caused by RPC or its Personnel. 
13. Force Majeure:OPA 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 OPA 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 OPA for all expenses incurred in relation to the recovery of debts owed by the Customer. 
16. Privacy and Credit Reporting:The Customer authorises OPA, its Personnel or any related entities of OPA, subject to complying with the Privacy Act 1988, to use and disclose the personal information of the Customer for any purpose connected with this agreement or otherwise in accordance with the Rentokil Initial Privacy Policy which can be accessed at www.ozpestadelaide.com.au. Where the Customer is provided with credit, the Customer authorises OPA to do any of the following to assess the Customer’s application for credit under this agreement and, if the application is successful, to manage the credit account until the credit account is repaid in full and closed:

(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, RPC expressly excludes all warranties, guarantees, representations and conditions except as may be made by OPA to the Customer in writing. 
18. Liability:To the extent permitted by law:-
    (a) OPA 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, OPA 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 OPA 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 OPA 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 OPA from the Customer pursuant to this agreement. 
19. General:
    (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 OPA.
    (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 the State or Territory where the services are being provided to the Customer and the parties submit the jurisdiction of the courts of that State or Territory.