Terms and Conditions by service :
General Pest Control
Definitions:
“The company”, “we”, “us” or “our” in this Agreement refers to Expert Pest Control and its employees and subcontractors. “You”, “your”, “the client” or “customer” refers to whoever is identified as the customer.
A reference to ‘writing’ or ‘written’ includes electronic mail.
By using Expert Pest Control Service, you agree to and are subject to the following terms and conditions as detailed below.
Terms and Conditions :
By ordering Expert Pest Control Services via telephone, e-mail, or website the client is agreeing to be bound by Expert Pest Control’s Terms and Conditions of Service. Although the greatest care is taken when performing our service, Expert Pest Control will not be held liable for damage to property. By placing this order you authorize Expert Pest control and their technicians to proceed with the prescribed treatment.
For our full terms and conditions pertaining to specified services visit :
https://www.expertpest.co.za/terms-and-conditions
Inspections and Access:
Before quoting on specified treatments, our technicians will request to view the premises for a visual inspection. The client must provide full and safe access (free of any health and safety hazards and risks) for the company surveyors and technicians to carry out its services at the agreed time and date. The Customer must advise Expert Pest Control or our technician before the commencement of the Service of any health and safety risks including the presence of asbestos. The Customer must also provide us with all necessary information, instructions, documentation and co-operation required by our representative. We will comply with all reasonable security and safety instructions of the Customer while present at the Customer’s premises.
A visual inspection is 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 the quote / agreement that was visible to the technician on the inspection date. All other pests are excluded unless agreed by Expert Pest Control or its technicians in writing.
The client agrees to :
provide access for our employees to carry out the Services at any reasonable time.
provide all facilities at the premises that we may reasonably require to carry out the services.
fully follow and comply with any recommendations that may be made by our employees particularly in relation to maintenance of good levels of food and waste hygiene, building hygiene and proofing of building;
pay us an additional charge at its normal hourly rate for any journeys we may make where you do not allow us access to carry out the treatment;
pay us at our normal hourly rate for any visits or call outs which are required because you have failed to implement any recommendations we have made.
Duration and Termination:
This agreement shall begin on the date identified as the Commencement Date on contract. This agreement shall continue for the period set out in our contract as the Minimum Period starting on the Commencement Date. After the Minimum Period, clients are requested to advice on continuation and or cancelation of the contract in writing at least 3 weeks before the expiration of date.
Without communication from client, the contract will automatically renew and continue for another 12 months.
No change, cancellation or termination of this Agreement shall be binding until we have both agreed to it in writing. Either we or you shall have the right to terminate this Agreement if the other:
fail to comply with their obligations under this agreement within 10 days of a written request to comply; or
is declared bankrupt, becomes insolvent or is unable to pay our debts.
Where you terminate this Agreement before the end of the Minimum Period and you do not have any right to terminate early, you shall pay us compensation for breaching your agreement with us. You agree that this compensation will be calculated as follows:
Where you terminate during the first year of this agreement, a sum which is equivalent to the full charges for the 1st year and 80% of the charges for the remainder of the contract.
Where you terminate at any time after the end of the first year of this agreement, an amount which is equivalent to the full charges for three months and 80% of the charges for the remainder of the contract.
Where we terminate this agreement because you have not complied with your obligations or because you have not paid us for the Services we have provided to you we shall be entitled to invoice you for compensation in respect of the date from which we terminate this agreement to the date upon which you could have terminated this agreement by giving notice. This compensation shall be calculated on the same basis as is set out in the paragraph above
If this agreement is for a Job and you terminate it before that Job has been completed you will pay us upon our written request 100% of the charges for the work completed when the agreement is terminated plus any other irrecoverable costs we have incurred in relation to the Job e.g. hire costs for access equipment. However in no circumstances shall you be liable to pay us any more than the charges you would have paid had you not terminated this agreement.
General:
Every visit by an Expert Pest Control Technician will be made within reasonable time from receipt of an enquiry. Visits / treatments required after hours, on weekends or on Holidays could incur additional charges.
If at any time during the contract period the "Pest" against which the service is provided reappears subject to compliances and observations of the conditions and instructions thereto in the contracted premises the company shall carry out necessary service at no additional cost.
The contract is for providing services in the premises covered under the contract. In the event of change of address a fresh contract needs to be entered into for providing the service as the case may be with payment of additional fees.
Customer undertakes to keep a representative and/or the person present at all times while the treatment is being carried out as a matter of safety and/or the security to avoid any allegations of what so ever nature and such a representative / person shall be treated as the signing authority for service contract form in whose presence the treatment is carried out.
Guarantees:
Each treatment and pest control measure (excluding once off treatments) carries a limited guarantee, on the condition that:
A general treatment consists of 2 – 3 stages and charged accordingly, with an (1) initial treatment, (2) first follow up treatment, (3) final treatment.
For a detailed list ()
Once off Treatments
Once off treatments carry no Guarantees or Warrantees of any kind. Due to the breeding cycle, habits and movement of insects, for any treatment to be effective, a prescribed follow up or pest management programmed must be purchased, as advised by our technicians.
Unless otherwise stated in writing all follow up or inspections booked after a once treatment will be charged accordingly.
Contracts and Pest Management Programs
No Guarantees or Warrantees will be offered beyond 5 days of treatment. Any and all problems, complaints, concerns need to be submitted in writing to the relevant technician within Five (5) days after the treatment for it to be valid. Once the Five (5) days have lapsed the period of notification will have expired, any and all warrantees / guarantees will be nonbinding and any subsequent complaints will be deemed null in void.
Any warrantee / guarantee will be deemed valid only if all the advice and care procedures suggested by the technician have been followed. This advice is to assist clients to control and minimize pests and their habitat and eliminate factors that contribute to Pests and re-infestation by Pests. These include but are not limited to:
Follow-up and regular treatments, recommended by our technicians
Implementing of Integrated Pest Management System
Housekeeping and Cleaning
Hygiene recommendations
Property maintenance
Clearance of storage areas
Removal of any and all debris in and around the building including garden rubble, building materials, any and all infected materials, carton boxes, general waste.
The customer acknowledges that pest treatment may be rendered ineffective if our recommendations are not be adhered to. In this case these warrantee / guarantee will be deemed null and void. Other processes that disrupt the effectiveness of treatment include but are not limited to:
The use of over the counter products and or home remedies
Washing or Painting the area
Disturbing treated areas
Building alternations
Renovations and introducing untreated or infested materials to the property
Breaking any of the conditions above and requesting further treatments will result in extra charges.
Complaints:
In the event of any complaint, customers are requested to email the relevant office they booked with (within 5 days of treatment) and provide their name, address and contact number. Copy of contract / invoice & receipt will have to be retained and produced to enable Expert Pest Technicians to verify & provide service. The contract supersedes all prior agreements, undertakings or arrangements, oral or written between parties on subject matter.
Refund Policy:
Treatments cannot be ‘un-done’ so - Once a treatment has been carried out there are no grounds for a refund.
In the event of issues that may arise before delivery of service, giving at least 48 hours’ notice, a customer can contact Expert Pest Control for full refund.
Cancellations - Treatment:
The Client may cancel / reschedule a treatment or site visit by giving at least 48 hours’ notice. If the customer cancels within 48 hours or fails to be present at the premises, we reserve the right to charge, both travel cost and hourly rates, for any wasted journeys due to failure to observe appointments, delays in carrying out the work or cancellations as a result of the clients failure to allow access, facilitate the workers or provide proper instruction.
Payments:
Subscription payments will be charged on a pre-pay basis, the first payment will be due on the day you sign up for a contract. Subsequent payments will be set out in the contract. The standard method of payment is by direct debit. We reserve the right to charge an administration fee if you do not pay your invoices by direct debit.
Fixed Contract charges are valid for one year (1 year). Expert Pest Control reserves the right to adjust or increase it’s pricing after the first year of the contract expired, at any time and at our sole discretion.
The charges for the Services are set out in the contract. We may also claim additional charges as set out in this document for :
costs incurred
Or where our operating costs have increased due to reasons outside our control such as:
increases to cost of fuel, utilities, services, the cost of necessary capital equipment or any other materials we use to provide the Services;
any change to or the introduction of any tax or levy imposed on us by any government agency or other similar group (but not any tax on our profits);
any statutory increase to our labour costs, for example a statutory increase to our employees entitlement to paid leave; and
the addition of, or any increase to, the costs or charges of any other person we have to pay in connection with the service.
Payments are not refundable.
All of our charges and fees are subject to the addition of VAT at the prevailing rate
Credit Application:
Trading with us on a credit account will be taken into consider after at least 6 months of trading as a cash client and is subject to a full credit check for which your companies financials will also be requested. Accounts are allocated at our franchise’s discretion.
On credit accounts, we reserve the right to charge interest at a rate of 2.24% per month for overdue accounts. Interest will be compounded. Should be necessary, the client will be responsible for all costs of collection of overdue accounts, specifically including, but not limited to, court costs, expenses and reasonable attorney fees.
Moving Furniture / stock :
The company quotation is based on the working area being clear of all personal effects, furniture, fixtures, fittings, floor coverings, debris / waste etc. No furniture / stock or items will be moved before, during or after our treatment. Upon finding any areas where the company operatives have to remove such items to perform their work, we reserve the right not to treat the areas until such a time as the client has prepared the area for our technicians. Further call out and services will apply.
Price Quotes:
All FREE no obligation phone & online price quotes are only estimates, and pricing may change upon further inspection by technicians. Pricing is subject to change at any time and without notice. All written quotes are valid for 7 business days.
Excluded Coverage:
This agreement neither guarantees against present or future insect damage to buildings or contents nor provides for repair or compensation.
No claims, representations or warranties, whether express or implied, are made by Expert Pest Control as to the safety, reliability, durability and performance of any products or services including pest and weed control services.
Liability:
Unless specifically agreed in writing by the Company, the Company does not make any representation or warranty that the cargo or premises treated will be free from live insects or infestation after the provision of the Services. The Client understands and agrees that insects sometimes become resistant and are not affected by the fumigation.
The Company is neither an insurer nor a guarantor and disclaims all liability in such capacity. The Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
The company shall not be responsible for the repair or replacement of any part of the property as result of further infestation by pests. The company shall not be responsible for any damages or loss of whatsoever nature or however caused suffered by the client as a result of the products used, activities of the company, and/or its representatives and/or its employees in the execution of this order.
Although greatest care is taken when applying all treatments, there exist variations in all fabrics and building materials. Expert Pest Control will not be held liable for damage to property or staining of fabrics, building materials or other items. By placing this order you authorize our technicians to proceed with the prescribed treatment.
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. We 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.
The client shall insure that all pets, children, pregnant woman, vulnerable adults, the elderly or persons with allergies, respiratory or heart complaints and other contractors are excluded, when necessary, from the treatment area until deemed safe to return. All valuable or delicate items or items that may be sensitive to exposure to moisture or dust should also be removed from the treatment area by the client before work commence.
The client must ensure that the structure and all services and installations within the treatment area are stable, safe, earthed and in good working order before commencement of work. The company can accept no responsibility for any pre-existing damage, condition or weakness of a structure or system that is exposed by our work.
Installation
While EXPERT PEST CONTROL will make reasonable endeavours to meet all times or dates for delivery or performance quoted by it, such times
or dates are business estimates only and do not constitute contractual obligations. Accordingly, EXPERT PEST CONTROL will not be liable for
any loss or damage of whatsoever nature and howsoever arising occasioned by delays in deliveries or completion of orders. The cost of
installation will be for The Customer.
Risk and ownership
The risk in the dispenser shall pass to the customer on installation thereof.
Ownership of the dispenser shall remain vested in EXPERT PEST CONTROL and neither the customer nor any person shall at any stage, whether before or after the termination hereof, become the owner of the dispenser or be entitled to retain the possession, use or enjoyment thereof, until the purchase consideration is paid in full.
The customer shall keep the dispenser free from any lien, charge or encumbrance and shall not permit any other person to acquire any right in or to the dispenser.
If this agreement is terminated, the customer shall return the dispenser to EXPERT PEST CONTROL in the same condition as at the date of installation, fair wear and tear excepted.
The customer Obligations
The dispenser is rented to the customer only for the purpose of dispensing products supplied by EXPERT PEST CONTROL specifically for such dispenser and for no other purpose whatsoever. The customer undertakes for the duration of this agreement only to place product supplied by EXPERT PEST CONTROL in the dispenser.
The customer undertakes that:
It will ensure that the dispenser is used only for the purpose stipulated in clause 7.1 and that it is not vandalized.
It will not part with possession of the dispenser at any time other than to EXPERT PEST CONTROL, whilst ownership is still vested with EXPERT PEST CONTROL;
It will notify EXPERT PEST CONTROL immediately, in writing, if the dispenser is damaged or is for any reason whatsoever not operational.
It will permit the authorized representatives of EXPERT PEST CONTROL at all reasonable times to enter the customer’s premises in order to inspect the dispenser and/or to carry out, without hindrance or interference, any repairs which may be required to the dispenser.
It will not permit any person, other than an authorized representative of EXPERT PEST CONTROL, to affect any repairs or modifications to the dispenser.
The customer shall not be entitled to withhold any instalment it the dispenser is for any reason whatsoever non-operational during the currency of this agreement.
Rights and obligations Pest Control
EXPERT PEST CONTROL undertakes to use its best endeavours to timeously repair the dispenser within 7 (seven) days of receipt by it of written notice from the customer.
EXPERT PEST CONTROL shall be entitled to charge the customer for any such repair or replacement, save in respect of any repair or replacement occasioned as a result of fair wear and tear to the dispenser.
EXPERT PEST CONTROL shall be entitled to replace the dispenser with a similar dispenser at any time during the currency of this agreement.
Indemnity
The customer indemnifies EXPERT PEST CONTROL, its officers, servants, agents or any other person for whom it may be liable in law against any loss or damage (direct
, indirect or consequential) or any expense, including legal costs on the scale as between an attorney and his client, which may be sustained by any third party arising out of the
use of the dispenser, whether occasioned by EXPERT PEST CONTROL negligence (gross or otherwise) or any act or omission on its part.
