Terms and Conditions

1.Parties

The parties to the contract are the Customer and EPM.

2. Definitions

Business Day means a day that is not a Sunday, public holiday or bank holiday in Perth, Western Australia.
Commencement Date means the date in item 3 of the Schedule.
Customer means the person or other legal entity identified in item 1 of the Schedule.
EPM means Leon Enterprises Pty Ltd ACN 059 951 281, trading as Envirotechnics Pest Management and includes its employees and agents.
GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Initial Term means the length of time provided for in item 3 of the Schedule.
Pests means any pests listed in item 4 of the Schedule.
Premises means the property at the address identified in item 2 of the Schedule.
Price means the amount listed in item 6 of the Schedule.
Public Authorities means every governmental or semi-governmental body, municipal council and any other board person or authority now or in the future exercising under any Act any control or jurisdiction over or power in connection with the Premises or with any business at any time conducted on or from the Premises.
Schedule means the schedule to the Terms and Conditions.
Service means the service or services listed in item 4 of the Schedule.
Term means the Initial Term plus any subsequent month to month terms pursuant to clause 12(b) of these Terms and Conditions.
Terms and Conditions means these terms and conditions and this agreement.

3. Interpretation

In these Terms and Conditions, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a clause or paragraph is to a clause or paragraph of this agreement;
(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(e) a reference to time is to Perth time;
(f) a reference to a party is to a party to this agreement, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
(g) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(h) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re enactments or replacements of any of them;
(i) a word or expression defined in the Corporations Act 2001 (Cth) has the meaning given to it in the Corporations Act 2001 (Cth);
(j) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and
(k) if a day on or by which an obligation must be performed or an event must occur is not a Busines Day, the obligation must be performed or the event must occur on or by the next Business Day.

4. Entire agreement

(a) These Terms and Conditions and the Schedule contain the entire agreement and understanding between EPM and the Customer on everything connected with the provision of the Service.
(b) No representative or agent of EPM has the authority to amend, change or delete any part of these Terms and Conditions.

5. Access

(a) The Customer must provide access to the Premises for all employees and agents of EPM in order for EPM to provide the Service.
(b) Where the Customer consents either verbally or in writing, EPM and its employees and agents may access the Premises or parts of the Premises as required. This includes accessing concealed areas through the removal of floorboards, ceiling panels and any other necessary actions required to access concealed areas.
(c) The Customer must ensure that all persons and animals leave or are removed from the vicinity where the Service is being conducted.
(d) If the Customer fails to give EPM, its employees or agents, access to the Premises then EPM will be entitled to keep the benefit of any payment or amount owing which is attributable to the provision of that Service.
(e) The limitation of liability in clause 7 of these Terms and Conditions apply to this clause 5.

6. Service

EPM agrees to provide the Service from the Commencement Date and for the Term, for payment by the Customer of the Price.

7. Limitation of liability

(a) EPM bears no liability for any loss or damage or cost of repairs to the Premises or any other property or for any personal injury to the Customer or any third party caused by:
(i) the actions or omissions of any third party or contractor;
(ii) actions or omissions of the employees or agents of EPM;
(iii) the introduction of infested timbers or other articles following provision of the Service;
(iv) any alterations or construction to the Premises following provision of the Service;
(v) any disturbances to the treated areas whether caused or done by the Customer or a third party;
(vi) any treatments or other services provided other than by EPM;
(vii) existing damage to the Premises;
(viii) chemicals, equipment or negligence of the employees or agents of EPM, particularly any damage to hidden structures (such as electrical conduits), or floorboards, walls and paintwork, caused by drilling, digging or coring;
or
(ix) failure to completely eradicate pests.
(b) EPM excludes any condition or warranty as to the quality or fitness for purpose of the Service to the extent permitted by law.
(c) EPM’s liability to the Customer under these Terms and Conditions whether in contract, tort or otherwise, is to the extent permitted by law limited to the Price.
(d) EPM is not liable where it is not possible to inspect an area or establish effective chemical barriers and treatment (such as water tanks, outdoor steps, air-conditioning units or any external fixtures), or where infestations are concealed or hidden.
(e) EPM will not be responsible for any third party or contractor fees.
(f) EPM bears no liability for the following types of loss or damage irrespective of their cause:
(i) loss of amenity; loss of profits;
(ii) loss of opportunity;
(ii) damage to reputation; and
(iii) liability to Public Authorities for any fines, rates, charges, levies or other costs that may be incurred.

8. Customer warranties

The Customer warrants and agrees:
(a) to maintain any treated areas by preventing the storage of timber, redirecting reticulation away from the home or dwelling, removing pot plants that are adjacent to the dwelling, elevating stored goods in yard, garage or shed, redirecting hot water system and air conditioning overflow away from dwelling, preventing vegetation growing on the dwelling and all other matters that might allow Pests to breach or bridge barriers and treated areas; and
(b) that the Premises is at all times a safe working environment and the Customer must indemnify EPM for any loss or damage that EPM may suffer as a result of the Premises being unsafe.

9. Customer agreement and acknowledgements

(a) The Customer agrees to comply with all instructions given by EPM concerning the use and operation of any equipment,
chemicals or other materials and will advise EPM as soon as possible if any equipment, chemicals or other materials are damaged or in need of repair.
(b) The Customer agrees that they will not attempt to relocate, move, dismantle, modify or repair any equipment, chemicals or other materials or allow any person other than EPM to do so.
(c) The Customer agrees to take care of any equipment, chemicals or other materials left in the Customer’s control (including prevention from misuse and theft) and indemnifies EPM for all loss of or damage to any equipment, chemicals or other materials from any cause whatsoever on a replacement cost basis.
(d) The Customer must immediately inform EPM if:
(i) for any reason any equipment, chemicals or other materials become a health or safety hazard; or
(ii) the Customer believes that termite barriers have been bridged or breached.
(e) The Customer agrees and acknowledges that:
(i) it may not be possible to totally eradicate Pests and EPM is only required to manage Pests under these Terms and Conditions;
(ii) further treatment may be required and damage from future infestation may occur. EPM is not liable for the cost of any future treatment under these Terms and Conditions;
(iii) some Pests are able to breach or bridge treated areas and that visual inspections should be conducted by at intervals not exceeding 12 months;
(iv) the Service only covers treatment of subterranean termites and does not cover eradication of drywood or dampwood termites; and
(v) the Service is not a warranty as to the absence of Pest activity and Pest damage or a guarantee that Pest infestation has been eradicated.

10. Payment

(a) The Customer agrees to pay the Price for the Services within 30 days of the date of the invoice. The Customer may not set off against any payment under this agreement with any money that EPM owes to the Customer.
(b) The Price may be increased by EPM once in each 12 month period by notice in writing to the Customer. The customer hereby agrees and consents to any such Price increase. EPM will not make any increases within 12 months of the Commencement Date.
(c) If the Customer fails to make payment in accordance with this agreement. The Customer agrees to reimburse EPM for all costs that EPM may incur in recovering the overdue amount. EPM may withhold the provision of Services where any amount is overdue under this agreement.

11. Goods and Services Tax

Where any supply under these Terms and Conditions is or becomes subject to GST an amount equal to the GST paid or payable for that supply will be added to the amount exclusive of GST paid or payable for that supply.

12. Term and termination

(a) These Terms and Conditions commence on the Commencement Date and continue for the Term.
(b) Upon expiration of the Initial Term, these Terms and Conditions, unless terminated by the customer in accordance with clause 12(c), will automatically revert to a month to month contract, on the same Terms and Conditions as the Initial Term. The month to month contract may be terminated in accordance with clause 12(c) of these Terms and Conditions.
(c) The Customer may terminate these Terms and Conditions by giving 20 Business Days written notice to EPM. Notice must be sent by email to info@envirotechnics.com.au. The period of one month’s notice begins and is calculated from the time of receipt of the email by EPM.
(d) If the Customer terminates these Terms and Conditions prior to the end of the Initial Term, EPM will be entitled to payment of:
(i) the Price; or
(ii) an amount equivalent to that which EPM has expended in providing the Service, including the cost of purchasing chemicals and equipment, whichever is the larger amount.
(e) EPM may terminate these Terms and Conditions at any time, with immediate effect, by giving written notice to the Customer, or the Customer’s employee or agent.
(f) Upon termination of these Terms and Conditions by either party for any reason, EPM is entitled to immediate possession of any equipment owned by EPM, and the Customer will allow EPM to enter the Premises to remove said equipment.

13. Personal information

EPM collects personal information for the purpose of providing the Service and may disclose this information to organisations which assist with the provision of the Service.

14. Force majeure

EPM shall not be responsible for failure to meet its contractual obligations if the failure results directly or indirectly from a cause beyond its control.

15. Jurisdiction

These Terms and Conditions are governed by the law of Western Australia and each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts of Western Australia.

Terms and Conditions