Terms & Conditions
1. Definitions1.1 “KO PEST” means KO PEST Limited and includes its agents, directors and employees.
1.2 “Customer” means the person engaging the Services of KO PEST or any person acting on their behalf and with their authority.
1.3 “Services” means all Services supplied by KO PEST to the Customer and includes any advice or recommendations and any incidental supply of goods.
1.4 “Price” means the cost of the Services as provided by KO PEST on an invoice to the customer at the conclusion of the Services.
1.5 “Warranty” means a period of time after the Services for which KO PEST will remain liable to the Customer for the re-emergence of the targeted pests.
2. Acceptance2.1 Any instructions received by KO PEST from the Customer for the supply of Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
2.2 If KO PEST is unable to provide the Services to the Customer on the agreed date due to the Customer not being ready or available and the Customer has failed to give KO PEST reasonable prior notice of such unavailability, then the Customer will pay KO PEST a call out fee of $75.00 plus GST.
3. CANCELLATIONS3.1 KO PEST may cancel this contract at anytime before the services are carried out by giving notice verbally or written to the customer.
3.2 The customer may cancel this contract at anytime before these services are carried out by giving no less than 24-hours’notice to KO PEST. Where less than 24-hours’notices is given, the customer is liable for a $75.00 plus GST late cancellation fee.
4. QUOTATION4.1. Where a quotation is given by KO PEST for services the quotation shall be valid for 14 days from the date of issue unless otherwise stipulated in writing.
4.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary.
4.3 KO PEST may alter the quotation because of circumstances beyond its control and/or additional information gathered by KO PEST at the time of arrival at the customer’s property and during pre-inspection prior to treatment and post treatment.
4.4 Where services are required in addition to the quotation the customer agrees to pay the additional costs.
5. PRICE5.1 Where no price is stated in writing or agreed to verbally the services shall be deemed to be supplied at the current price set by KO PEST as such services are supplied by KO PEST at the time of the treatment completion.
5.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the services that is beyond the control of KO PEST between the date of the contract and delivery of the services.
5.3 Where Services in addition to the quoted Services are required the customer agrees to pay the Price of such additional Services as directed by KO PEST.
6. Payment6.1 The payment for all RESIDENTIAL Services will be paid by the Customer to KO PEST on the day of treatment being completed, unless prior written arrangement has been made with KO PEST.
6.2 The Price for all COMMERCIAL Services will be paid by the Customer to KO PEST on the 20th of the following month of the treatment being completed, unless prior written arrangement has been made with KO PEST.
6.3 Any expenses (including debt collection agency fees), disbursements and legal costs (including legal costs on a solicitor-client basis) incurred by KO PEST in the enforcement of any rights contained in this contract shall be paid by the Customer.
6.4 The Customer shall not be entitled to the benefit of any warranty provided by KO PEST until all amounts owing to KO PEST are paid in full.
7. DISPUTES7.1 Any claim relating to services must be made within forty eight (48) hours of completion of the services
8. Limitation of Liability8.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon KO PEST which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed KO PEST, KO PEST liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
8.2 Except as otherwise provided by clause 7.1 KO PEST shall not be liable for:
8.3 Any loss or damage of any kind whatsoever, arising from the supply of Services by KO PEST to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by KO PEST to the Customer; and
8.4 The Customer shall indemnify KO PEST against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of KO PEST or otherwise, brought by any person in connection with any matter, act, omission, or error by KO PEST its agents or employees in connection with the Services.
8.5 If contrary to the disclaimer or liability contained in these terms and conditions of trade KO PEST is deemed liable to the Customer, following and arising from the supply of Services by KO PEST to the Customer, then such liability is limited in its aggregate to $500.00.
9. Warranty9.1 KO PEST guarantees that all services will be provided with professionalism and required expertise.
9.2 The active life of products used in pest services is guaranteed by KO PEST for most treatments and covers a specific period of warranty specified to the specific treatment type which is confirmed verbally and in writing by KO PEST.
9.3 If the targeted species of pest re-emerge within warranty Period the Customer must immediately notify KO PEST. KO PEST will then arrange to re-perform the Services at no additional cost to the Customer. KO PEST will return to the Customer at the earliest available time taking into account KO PEST work load at the time. The warranty Period does not include any refund on the Price for any Services provided.
10. Default and Consequences of Default10.1 Interest on overdue invoices shall accrue from the date when payment becomes due to the date of payment at a rate of 15% per annum.
11. Disparaging Statements11.1 The Customer shall not make any disparaging statement directed at KO PEST or the Services provided by KO PEST publicly, including but not limited to social media, public forums, online forums and blogs.
12. Consumer Guarantees Act12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Services from KO PEST for the purposes of a business in terms of section 2 and 43 of that Act.
13. Copyright and Intellectual Property13.1 KO PEST, owns and has copyright in all work, software, systems, solutions and documents produced by KO PEST in connection with the Services provided pursuant to this contract and the Customer may use the Services only if paid for in full and for the purpose for which they were intended and supplied by KO PEST.
14. Personal Guarantee of Company Directors or Trustees14.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for KO PEST agreeing to supply Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to KO PEST the payment of any and all monies now or hereafter owed by the Customer to KO PEST and indemnify KO PEST against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
15. Collection and Use of Information15.1The Customer authorises KO PEST to collect, retain and use any information about the customer, or for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any services provided by KO PEST to any other party.
16. Miscellaneous16.1 The customer shall not assign all or any of its rights or obligations under these terms and conditions without the written consent of KO PEST.
16.2 Failure by KO PEST to enforce any of these terms and conditions shall not be deemed to be a waiver of any of the rights or obligations KO PEST has under this contract. Where these terms and conditions are at variance with the order or instruction from the customer, this contract shall prevail.