1. Definitions

    1. “PestX” means PestX Pty Ltd T/A PestX Pest Control its successors and assigns or any person acting on behalf of and with the authority of PestX Pty Ltd T/A PestX Pest Control.
    2. “Customer” means the person/s or any person acting on behalf of and with the authority of the Customer requesting PestX to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
      1. if there is more than one Customer, is a reference to each Customer jointly and severally; and
      2. if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
      3. includes the Customer’s executors, administrators, successors and permitted assigns.
    3. “Building Owner” means the person(s), Strata Company, Company etc who actually own the building/property to be treated.
    4. “Pesticides” means Australian Pesticides and Veterinary Medicines Authority (APVMA) approved insecticides, herbicides, weedicides, rodenticides or fungicides used to manage and treat Pests.
    5. “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by PestX in the course of it conducting, or supplying to the Customer, any Services.
    6. “Services” mean all Services supplied by PestX to the Customer at the Customer’s request from time to time.
    7. “Treated Areas” means the areas specified in this Inspection/Treatment report which were treated by PestX on this occasion.
    8. “Pests” means any pest of commercial significance in an urban environment including, but not limited to, cockroaches, fleas, flies, mites, bees, wasps, mosquitoes, spiders, rodents, ants, silverfish, carpet beetles, birds, other vertebrates and weeds. The term “Pests” for the purpose of this document does not include bed bugs (including Cimex lectularius and Cimex hemipterus) or timber pests such as termites, wood borers, fungal decay and chemical delignification.
    9. “Price” means the price payable (plus any GST where applicable) for the Services as agreed between PestX and the Customer in accordance with clause 7 of this contract.
    10. “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

2. Acceptance

    1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, or accepts Services provided by PestX.
    2. These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Customer and PestX.
    3. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.
    4. The Customer agrees that they are the Building Owner or have permission from the Building Owner prior to engaging PestX to carry out any Services.
    5. The Customer agrees to advise the occupants of adjacent buildings/properties with common boundaries, of the intended treatment date and time along with any proposed method of treatment.
    6. PestX will carry out all maintenance during the normal business hours, 7.30am to 5.00pm Monday-Friday. In the event that PestX is required to provide the Services urgently, that may require PestX staff to work outside normal business hours (including but not limited to working, after hours, weekends and/or Public Holidays) then PestX reserves the right to charge the Customer additional labour costs (penalty rates will apply), unless otherwise agreed between PestX and the Customer.

3. Contract Term

    1. Where this contract is for ongoing Services, the Contract Term will be specified in PestX’s Service Agreement and will automatically renew on a weekly basis unless terminated by either party in accordance with clause 23.
    2. The Customer accepts and acknowledges that all fixed contracts are subject to periodic price reviews to allow for increases to PestX in the cost of labour and materials, which are beyond the control of PestX.

4. Free Service Period

    1. Upon notification by the Customer, PestX agree to provide the Customer with such remedial pest control treatment(s) as may be required to the nominated property AT NO COST TO THE CUSTOMER, for the term of the Free Service Period as detailed. Any Free Service Period is conditional upon the Customer immediately notifying us of the signs of the suspected pest infestation. Remedial treatment(s) will be carried out to the affected areas as per the requirement(s) identified by the technician at the time, and/or by the product label. Any warranty will only cover a re-treatment as per originally purchased by the Customer and does not extend to claims or compensation on any property or other loss real or implied.
    2. The Customer acknowledges and accepts that any Free Service Period shall become null and void unless all monies due and payable to PestX have been paid in full in accordance with the specified payment terms or in accordance with clause 2.
    3. The proposed treatment only applies to the Pest species named in the Service Agreement Form overleaf.
    4. All additions and or alterations, whether structural and or environmental, to the property must be advised promptly to PestX in writing, otherwise the Free Service Period is void.
    5. PestX reserves the right to cancel any Free Service Period in the event that PestX’s recommendations are not followed by the Customer, and/or any bait or trap placements are moved/missing.

5. Errors and Omissions

    1. The Customer acknowledges and accepts that PestX shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      1. resulting from an inadvertent mistake made by PestX in the formation and/or administration of this contract; and/or
      2. contained in/omitted from any literature (hard copy and/or electronic) supplied by PestX in respect of the Services.
    2. In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of PestX; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid.

6. Change in Control

    1. The Customer shall give PestX not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Customer shall be liable for any loss incurred by PestX as a result of the Customer’s failure to comply with this clause. 

7. Price and Payment

    1. At PestX’s sole discretion the Price shall be either:
      1. as indicated on any invoice provided by PestX to the Customer; or
      2. the Price as at the date of delivery of the Services according to PestX’s current price list; or
      3. PestX’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    2. If, during the course of undertaking any Services or the agreed Free Service Period, it is found that structural or environmental conditions prevent PestX performing any sections of the agreed Services, then the terms of the Services offered will be reviewed and the cost of the Services revised.
    3. At PestX’s sole discretion a non-refundable deposit may be required.
    4. Time for payment for the Services being of the essence, the Price will be payable by the Customer on the date/s determined by PestX, which may be:
      1. by way of progress payments in accordance with PestX’s payment schedule;
      2. the date specified on any invoice or other form as being the date for payment; or
      3. failing any notice to the contrary, the date which is either:
        1. for credit account holders, thirty (30) days following the date of any invoice given to the Customer by PestX; or
        2. seven (7) days following the date of any invoice given to the Customer by PestX.
    5. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and PestX.
    6. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by PestX nor to withhold payment of any invoice because part of that invoice is in dispute.
    7. Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to PestX an amount equal to any GST PestX must pay for any supply by PestX under this or any other contract for providing PestX’s Services. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

8. Variations and Additional Charges

    1. PestX reserves the right to change the Price:
      1. if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
      2. where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, additional rooms are requested to be serviced which were not expressly included in PestX’s quotation or required upon inspection of the site PestX (including, but not limited to, quantity and sizes of rooms, where the site includes stairs, unavailability of parking at the site or difficult/limited access to the site, carpet is heavily soiled and needs a premium/ultimate carpet cleaning service, animal stains or odours that require extra treatment or carpet underlay replacement, or where stains required extra treatments such as heat transfer methods or spot dye treatments), poor weather conditions, availability of equipment or safety considerations) which are only discovered on commencement of the Services; or
      3. in the event the site is not as was stated by the Customer, or PestX suffers interruptions from any third party occupying the site which causes delays; or
      4. as a result of increases to PestX in the cost of personnel and/or Products (including where clause 3 applies), which are beyond the control of PestX.
    2. Variations will be charged for on the basis of PestX’s quotation, and will be detailed in writing, and shown as variations on PestX’s invoice. The Customer shall be required to respond to any variation submitted by PestX within ten (10) working days. Failure to do so will entitle PestX to add the cost of the variation to the Price.  Payment for all variations must be made in full at the time of their completion.
    3. At PestX’s sole discretion:
      1. a minimum charge shall be applicable to the Services; and
      2. a surcharge shall be applicable for Services scheduled on weekends; and
      3. an additional fee will be charged to the Customer:
        1. if the site has no power; or
        2. where PestX is required to collect keys to the site from a real estate agent; or
        3. where the site is not located on the ground floor (e.g. for apartments); or
        4. for the removal of chewing gum and blu tack. 

9. Provision of Services

    1. At PestX’s sole discretion delivery of the Services shall take place when the Services are supplied to the Customer at the Customer’s nominated address.
    2. At PestX’s sole discretion, the cost of delivery of the Services is included in the Price, subject to the Services to be provided are within a fifty kilometre (50km) radius from PestX’s premises. Where the delivery site is outside this radius the cost of delivery will be in addition to the Price.
    3. PestX’s Services consist of carpet steam cleaning, carpet dry cleaning and encapsulation as its three (3) types of cleaning methods, and Services provided comply with Australian Standards. The Customer and PestX agree that the site will comply with any work health and safety (WHS) laws, safety standards and legislation relevant to the Services.
    4. It shall be the Customer’s responsibility to ensure any requested commencement / completion date is realistic and truthful in order for PestX to provide the Services by the requested deadline. PestX shall not be liable for any loss suffered by the Customer where any requested date/s is inaccurate, unattainable or unreasonable.
    5. Any time specified by PestX for delivery of the Services is an estimate only and PestX will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that PestX is unable to supply the Services as agreed solely due to any action or inaction of the Customer then PestX shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.
    6. PestX shall not be liable for failure to perform any duty or obligation that PestX may have under this contract, where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, inability to obtain labour or transportation, structural or environmental conditions, or any other cause outside the reasonable control of PestX. 

10. Risk

    1. Irrespective of whether PestX retains ownership of any Incidental Items all risk of damage for such items shall pass to the Customer on Delivery and the Customer must insure the Incidental Items on or before Delivery.
    2. PestX reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items as a result of the Customer’s failure to insure in accordance with clause 1.
    3. No liability will be accepted for damage done to concealed services such as telephone, power, gas, water or drainage by drilling and/or cutting through masonry, concrete, timber or other surfaces unless clear and accurate plans of such services are provided to PestX prior to commencement of the Services. The Customer and/or Building Owner shall indemnify PestX from the costs and damages that may arise from any action, suit, claim or demand which arises from the failure of the Customer and/or the Building Owner to supply these plans before commencement of the Services.

11. Pest Control

    1. PestX offers no guarantee against pest infestation in areas that are unexposed or inaccessible to visual inspection. Further, PestX shall not be liable for any loss or damage or costs incurred as a result of infestations that existed in areas or in structural members which were not accessible for visual inspection at the time of delivery of the Services.
    2. PestX cannot and does not offer to make judgements on or report on the extent of any structural damage, it the Customer’s responsibility to seek information of this type from a qualified licensed builder.
    3. Where the Services are preventative/remedial subterranean termite or borer work, it is specifically acknowledged by the Customer that no inspection or report is made on damage or activity to the building unless expressly stated otherwise in writing by PestX.
    4. In the event a mister is used on internal pest control, then it is the Customer’s responsibility to ensure any fish/reptile tank is covered and any power connection to it is switched off.
    5. PestX shall not be held liable for any loss, damages or costs howsoever arising from the Customer’s failure to comply with this clause; it shall be the Customer’s responsibility to (where applicable) prior to the commencement of the Services:
        1. for internal Services:
          1. take internal bird cages and pet rodents outside; and
          2. empty and remove all pet bowls from the Treated Areas;
          3. cover all food items and utensils;
          4. ensure all dogs, cats and any other pets are moved to a safe place, and away from the Treated Areas; and
        2. for external Services:
          1. close all doors and windows until the odour has cleared or the technician advises it is safe to re-open;
          2. cover all bird aviaries with plastic sheets prior to external Services commending; and
          3. cover external fish ponds with plastic.
    6. While every care will be taken, PestX will not be held liable should staining of timbers, fabrics, wall coverings, floor coverings or any other articles occur.
    7. The Customer acknowledges and accept that pest control can be rendered ineffective if the Customer fails to implement PestX’s recommended hygiene procedures, by making building and/or landscaping alterations, by the introduction of conductive or infested materials, or by environmental conditionals beyond the control of PestX.

12. Important Health and Safety Information

    1. Both parties agree that they shall at all times comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services, including any work health and safety (WHS) laws relating to the worksite and any other relevant safety standards or legislation.
    2. If the Customer or other occupants of the property or adjacent buildings/properties believe they are particularly sensitive, or 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 fully ventilated. PestX also recommend that the Customer leave any air-conditioners on ‘vent mode’ (so they circulate outside air into the building) for a period of at least four (4) hours after the treatment or after re-occupying.
    3. It shall be the Customer’s responsibility to avoid any skin contract with the Treated Areas until the insecticides have dried, should the Customer suspect anyone has come into contact with a treated area and has been affected in anyway, they shall contact the Poisons Information Centre on 13 11 26 and have this notice with you.
    4. When requested by PestX the Building Owner, Customer, tenant, agent, or occupier must protect or remove any people, animals, birds, fish, household goods or possessions during the treatment period.
    5. The Building Owner, tenant, agent, Customer or occupier must at all times strictly follow any signage, written or oral advice, recommendation or information given/posted by PestX or their agents.

13. Carpet Cleaning

    1. Colour variations or spotting may occur due to the type of flooring (e.g. hard floors and carpet fibres), cleaning products, methods used and/or any act of nature. Grout may be dislodged from surfaces whilst cleaning. Carpet threads may come out, edges may be damaged or loosening and shrinking may occur. PestX shall not be held responsible if the aforementioned instances take place.
    2. PestX will endeavour to remove any existing staining and/or marks on carpet, however PestX does not offer any guarantee, and shall take no liability, in the event staining and/or marks are not completely removed.
    3. PestX shall not be liable for any existing defects revealed by PestX during the provision of the Services. Any existing defects revealed shall be reported to the Customer by PestX on completion of the Services.
    4. PestX shall not be held responsible for any damage to the site caused by any third party (including, but not limited to, pets or tradesmen).

14. Customer’s Responsibilities

    1. The Customer acknowledges and agrees that it is their responsibility to:
      1. report any existing damage to PestX prior to the commencement of the Services. PestX cannot be held responsible for any existing damage, wear and tear or stains that cannot be removed using PestX’s cleaning methods; and
      2. ensure that PestX has clear and free access to the site at all times to enable them to provide the Services. PestX shall not be liable for any loss or damage to the site, unless due to the negligence of PestX. In the event of a lock-out, or where PestX is turned away or otherwise unable to enter the site due to any action, or inaction of the Customer, the Customer will be required to pay the full Price for the Services; and
      3. ensure that the site is reasonably ready for PestX to commence the Services, with minimal tradespersons and works in progress; and
      4. have all areas clean and clear to enable the Services to be provided in accordance with any specified schedule; and
      5. secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art or antiques from those areas that require the Services. PestX is unable to accept liability for items of this type that have not been reasonably secured by the Customer; and
      6. fulfil any special conditions / requirements that may affect PestX providing the Services at the site (including, but not limited to, health and safety equipment and/or worksite inductions); and
      7. provide PestX with an adequate free source of water and power at all times to enable PestX to provide the Services.
    2. In the event provision of the Services is delayed due to inadequate access to the site, or water and power facilities, then PestX reserves the right to charge a reasonable fee for re-providing the Services at a later time and date in accordance with clause 5.
    3. PestX shall not be responsible for the relocation of furniture or equipment heavier than fifteen kilograms (15kgs), as these types of activities pose a danger of injury, or could damage property and fittings. Any lifting and movement of furniture, appliances or equipment in excess of fifteen kilograms (15kgs) must be arranged and conducted by the Customer prior to the commencement of the Services.

15. Title

    1. PestX and the Customer agree that where it is intended that the ownership of Incidental Items is to pass to the Customer that such ownership shall not pass until:
      1. the Customer has paid PestX all amounts owing for the Services; and
      2. the Customer has met all other obligations due by the Customer to PestX in respect of all contracts between PestX and the Customer.
    2. Receipt by PestX of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then PestX’s ownership or rights in respect of the Incidental Items shall continue.
    3. It is further agreed that, until ownership of the Incidental Items passes to the Customer in accordance with clause 1, the Customer irrevocably authorises PestX to enter any premises where PestX believes the Incidental Items are kept and recover possession of the Incidental Items.

16. Personal Property Securities Act 2009 (“PPSA”)

    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
    2. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in:
      1. all Incidental Items previously supplied by PestX to the Customer;
      2. all Incidental Items will be supplied in the future by PestX to the Customer; and
      3. all the Customer’s present and after acquired property being a charge, including anything in respect of which the Customer has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Customer to PestX for Services – that have previously been provided and that will be provided in the future by PestX to the Customer.
    3. The Customer undertakes to:
      1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which PestX may reasonably require to;
        1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        2. register any other document required to be registered by the PPSA; or
        3. correct a defect in a statement referred to in clause 3(a)(i) or 16.3(a)(ii);
      2. indemnify, and upon demand reimburse, PestX for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Incidental Items charged thereby;
      3. not register a financing change statement in respect of a security interest without the prior written consent of PestX;
      4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Incidental Items in favour of a third party without the prior written consent of PestX.
    4. PestX and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    5. The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    6. The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed to in writing by PestX, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Customer must unconditionally ratify any actions taken by PestX under clauses 3 to 16.5.
    9. Subject to any express provisions to the contrary (including those contained in this clause 16) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

17. Security and Charge

    1. In consideration of PestX agreeing to supply Services, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    2. The Customer indemnifies PestX from and against all PestX’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising PestX’s rights under this clause.
    3. The Customer irrevocably appoints PestX and each director of PestX as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 17 including, but not limited to, signing any document on the Customer’s behalf.

 

18. Defects, Warranties and the Competition and Consumer Act 2010 (CCA)

    1. The Customer must inspect PestX’s Services on completion of the Services and must within forty-eight (48) hours notify PestX in writing of any evident defect in the Services or Incidental Items provided (including PestX’s workmanship) or of any other failure by PestX to comply with the description of, or quote for, the Services which PestX was to supply. The Customer must notify any other alleged defect in PestX’s Services or Incidental Items as soon as is reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow PestX to review the Services or Incidental Items that were provided.
    2. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    3. PestX acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    4. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, PestX makes no warranties or other representations under these terms and conditions including, but not limited to, the quality or suitability of the Services. PestX’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    5. If the Customer is a consumer within the meaning of the CCA, PestX’s liability is limited to the extent permitted by section 64A of Schedule 2.
    6. If PestX is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then PestX may refund any money the Customer has paid for the Services but only to the extent that such refund shall take into account the value of Services and Incidental Items which have been provided to the Customer which were not defective.
    7. If the Customer is not a consumer within the meaning of the CCA, PestX’s liability for any defective Services or Incidental Items is:
      1. limited to the value of any express warranty or warranty card provided to the Customer by PestX at PestX’s sole discretion;
      2. otherwise negated absolutely.
    8. Notwithstanding clauses 1 to 18.7 but subject to the CCA, PestX shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      1. the Customer failing to properly maintain or store any Incidental Items;
      2. the Customer using the Incidental Items for any purpose other than that for which they were designed;
      3. the Customer continuing to use any Incidental Items after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      4. interference with the Services by the Customer or any third party without PestX’s prior approval;
      5. the Customer failing to follow any instructions or guidelines provided by PestX;
      6. fair wear and tear, any accident, or act of God.

19. Limitations

    1. Breach of the following limitations by the Customer may result in the termination of any warranty given or implied:
      1. it is the responsibility of the Customer to ensure that any Treated Areas are not disturbed and this includes any baits, monitoring stations, chemical treatments and traps placed by PestX.  THIS CLAUSE IS NON NEGOTIABLE AND ANY BREACH WILL RESULT IN TERMINATION OF ANY FREE SERVICE PERIOD;
      2. PestX must be notified IMMEDIATELY of any evidence of active (live) Pests covered under any warranty being found;
      3. the Services listed do not include the inspection and assessment of matters outside the scope of the marked Services. Accordingly, this is not an inspection report or management proposal for timber pests such as termites, wood borers, fungal decay and chemical delignification or any other excluded pest not specified;
      4. inspections only cover areas of the property which are normally accessible. Inspections do not cover areas which are inaccessible or not readily accessible or obstructed at the time of inspection. Any infestations due to or as a result of these limitations will void any warranty given or implied;
      5. the Inspection/Treatment report has been produced for the use of the Customer. PestX or their agents are not liable for any reliance placed on this Inspection/Treatment report by any third party other than the disclosed Customer;
      6. the Inspection/Treatment report only applies to the Services provided by PestX. It does not apply to the work of any other pest manager or successor in business of PestX;
      7. any agreed service obligations are strictly between PestX and the Customer. All service obligations terminate on sale or transfer of ownership of the property. Any new owner, tenant, agent or occupier must contact PestX to re-establish any cover.

20. Exclusions

    1. This Inspection/Treatment report expressly excludes the treatment, rectification or repair of damage resulting from past, current or future pest activity.
    2. This Inspection/Treatment report expressly excludes the treatment, rectification or repair of any pest management treatment or system which has been damaged through the actions or inactions of the Building Owner or its servants, agents, tenants or invitees.

21. Intellectual Property

    1. Where PestX has designed, drawn or developed Incidental Items for the Customer, then the copyright in any Incidental Items shall remain the property of PestX. Under no circumstances may such designs, drawings and documents be used without the express written approval of PestX.
    2. The Customer agrees that PestX may (at no cost) use for the purposes of marketing or entry into any competition, any Incidental Items which PestX has created for the Customer.

22. Default and Consequences of Default

    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at PestX’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    2. If the Customer owes PestX any money the Customer shall indemnify PestX from and against all costs and disbursements incurred by PestX in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, PestX’s contract default fee, and bank dishonour fees).
    3. Further to any other rights or remedies PestX may have under this contract, if a Customer has made payment to PestX, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by PestX under this clause 22 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this contract.
    4. Without prejudice to PestX’s other remedies at law PestX shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to PestX shall, whether or not due for payment, become immediately payable if:
      1. any money payable to PestX becomes overdue, or in PestX’s opinion the Customer will be unable to make a payment when it falls due;
      2. the Customer has exceeded any applicable credit limit provided by PestX;
      3. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

23. Cancellation

    1. Without prejudice to any other remedies PestX may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions PestX may suspend or terminate the supply of Services to the Customer. PestX will not be liable to the Customer for any loss or damage the Customer suffers because PestX has exercised its rights under this clause.
    2. PestX may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced by giving written notice to the Customer. On giving such notice PestX shall repay to the Customer any money paid by the Customer for the Services. PestX shall not be liable for any loss or damage whatsoever arising from such cancellation.
    3. In the event that the Customer cancels delivery of the Services the Customer shall be liable for any and all loss incurred (whether direct or indirect) by PestX as a direct result of the cancellation (including, but not limited to, any loss of profits).

24. Privacy Act 1988

    1. The Customer agrees for PestX to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by PestX.
    2. The Customer agrees that PestX may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
      1. to assess an application by the Customer; and/or
      2. to notify other credit providers of a default by the Customer; and/or
      3. to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
      4. to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.
    3. The Customer consents to PestX being given a consumer credit report to collect overdue payment on commercial credit.
    4. The Customer agrees that personal credit information provided may be used and retained by PestX for the following purposes (and for other agreed purposes or required by):
      1. the provision of Services; and/or
      2. analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and/or
      3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
      4. enabling the collection of amounts outstanding in relation to the Services.
    5. PestX may give information about the Customer to a CRB for the following purposes:
      1. to obtain a consumer credit report;
      2. allow the CRB to create or maintain a credit information file about the Customer including credit history.
    6. The information given to the CRB may include:
      1. personal information as outlined in 1 above;
      2. name of the credit provider and that PestX is a current credit provider to the Customer;
      3. whether the credit provider is a licensee;
      4. type of consumer credit;
      5. details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
      6. advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and PestX has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
      7. information that, in the opinion of PestX, the Customer has committed a serious credit infringement;
      8. advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
    7. The Customer shall have the right to request (by e-mail) from PestX:
      1. a copy of the information about the Customer retained by PestX and the right to request that PestX correct any incorrect information; and
      2. that PestX does not disclose any personal information about the Customer for the purpose of direct marketing.
    8. PestX will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
    9. The Customer can make a privacy complaint by contacting PestX via e-mail. PestX will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at oaic.gov.au.

25. Building and Construction Industry Payments Act 2004

    1. At PestX’s sole discretion, if there are any disputes or claims for unpaid Services then the provisions of the Building and Construction Industry Payments Act 2004 may apply.
    2. Nothing in this contract is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Payments Act 2004 of Queensland, except to the extent permitted by the Act where applicable.

26. Trusts

    1. If the Customer at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not PestX may have notice of the Trust, the Customer covenants with PestX as follows:
      1. the contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
      2. the Customer has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
      3. the Customer will not without consent in writing of PestX (PestX will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
        1. the removal, replacement or retirement of the Customer as trustee of the Trust;
        2. any alteration to or variation of the terms of the Trust;
        3. any advancement or distribution of capital of the Trust; or
        4. any resettlement of the trust property.

27. General

    1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    2. These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland, the state in which PestX has its principal place of business, and are subject to the jurisdiction of the Rockhampton Courts in Queensland.
    3. Subject to clause 18, PestX shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by PestX of these terms and conditions (alternatively PestX’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
    4. PestX may licence and/or assign all or any part of its rights and/or obligations under this contract without the Customer’s consent.
    5. The Customer cannot licence or assign without the written approval of PestX.
    6. PestX may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of PestX’s sub-contractors without the authority of PestX.
    7. The Customer agrees that PestX may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for PestX to provide Goods to the Customer.
    8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, geologic event,man-made catastrophes, state of emergency, faulty research or other event beyond the reasonable control of either party.
    9. Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.