Terms and Conditions of Agreement

1. Definitions

In these Terms and Conditions:

• Company refers to Essential Pest Solutions PTY LTD and, where applicable, includes its employees, contractors, and agents.
• Client refers to the person for whom a quotation is made or any person entering into a contract with the Company under these terms, incorporating the attached “Quotation.”

2. Quotation

• The Quotation is not an offer or obligation to perform services but an invitation for the Client to engage the Company.
• Acceptance of the Quotation by the Client creates a binding contract between both parties.
• The contract consists solely of these Terms and Conditions and the content of the Quotation. It excludes all other terms, conditions, or warranties, whether expressed or implied.

3. Warranty Period

• During the warranty period specified in the Quotation, the Company will provide any additional treatment deemed necessary, free of charge, to control the specified pests in the designated property area, provided all conditions of this agreement are met.

4. Company’s Obligations

The Company is not obligated to provide services unless:

• 4.1 Full payment for the initial treatment and scheduled treatments outlined in the Quotation is received.
• 4.2 The Client notifies the Company within seven (7) days of any further infestation occurring after the specified control time on the Quotation, both from the initial treatment and during the warranty period.
• 4.3 The Company receives written notice fourteen (14) days before any additions or alterations are made to the property after the initial treatment, including any third-party interference, detailing the specific nature of the work to be done.

5. Client’s Pre-treatment Obligations

Before any treatment, the Client must:

• 5.1 Notify the Company and ensure the safety and removal of all living things, including animals, birds, fish, cats, and dogs.
• 5.2 Protect animals from treated areas and any rodenticide or bait material used by the Company.
• 5.3 Accurately mark the locations on the structure where drilling is required, including cables, conduits, ducting, and fire detection/prevention equipment. The Company is not responsible if exact information is not provided, and plans or drawings alone are not sufficient for drilling.

6. Access

• The Client must allow access to all necessary property areas. If access is impeded, the Company may impose additional charges.

7. Gassing Treatments

The Client acknowledges the biological potency of gassing treatments and agrees to:

Before Treatment:

• 7.1 Remove all living things, including plants, birds, cats, dogs, fish, and humans, from the premises.
• 7.2 Cover benchtops and utensils with towels.
• 7.3 Close windows and turn off air conditioners and heaters.
• 7.4 Notify the Company of anyone with asthma, respiratory conditions, or allergies who may come into contact with treated areas, and take necessary precautions as advised by medical practitioners. Pregnant women should avoid the premises for 24 hours.
• 7.5 Return birds to the property at least 24 hours after treatment.
• 7.6 Remove and protect exposed food and packaged food containers from the treated area.
• 7.7 Notify the Company in writing of any smoke-sensitive fire detection systems.

After Treatment:

• 7.8 Prevent anyone from entering for 8-24 hours.
• 7.9 Open all doors and windows and ensure everyone remains outside for 30 minutes until the premises are aired.

8. Exclusions

• 8.1 The Company is not responsible for staining or damage resulting from using a liquid intended to dry without staining.
• 8.2 The Company is not liable for repairs or replacements due to infestations occurring before, during, or after the initial treatment and warranty period, unless agreed upon in writing.
• 8.3 Treatments and extended maintenance do not apply to timber objects, structures, or objects concealed or inaccessible for visual inspection.
• 8.4 The Company is not responsible for removing carcasses or odors in accessible or inaccessible areas.
• 8.5 The Company is not liable for damage to fire detection/prevention systems or water/other damage from system activation unless prior written notification is provided when the Quotation is made.
• 8.6 The Company is not liable for damage to air conditioners, heating, or cooling systems, including gas pilot lights, unless prior written notification is provided when the Quotation is made.
• 8.7 The Company is not responsible for any loss or damage to persons or property resulting directly or indirectly from any treatment, including gassing.
• 8.8 The Company is not liable for any injury or loss sustained by anyone using, entering, or coming into contact with treated areas.

9. Warranty

• 9.1 Except as expressly stated, the Company is not bound by any conditions, warranties, obligations, or liabilities related to this contract or services, whether implied or imposed by law, including negligence. The Company is not liable for any loss or damage, and the Client indemnifies the Company against such claims.
• 9.2 This does not exclude liabilities implied or imposed by applicable statutes, rules, or regulations to the extent they cannot be lawfully excluded.
• 9.3 If any condition or warranty is implied under Division 2 of Part V of the Trade Practices Act 1974 or similar provisions of the Fair Trading Act 1985 (Vic), the Company’s liability is limited to replacing goods, supplying similar goods, repairing goods, or re-supplying services and associated costs, as determined by the Company.
• 9.4 The Company is not liable for failure to perform obligations due to acts, omissions, or circumstances beyond its reasonable control.

10. Termination

The Company may terminate the contract or suspend services without liability or notice if:

• 10.1 The Client breaches this or any other contract with the Company, including failure to make payments.
• 10.2 The Client (individual) dies or has a receiver appointed over their assets.
• 10.3 The Client (company) calls a creditors’ meeting, has a receiver appointed, enters liquidation, or becomes subject to a winding-up order.
• 10.4 The Client compounds with or negotiates with creditors or allows any judgment to remain unsatisfied for seven (7) days.
• 10.5 The Company believes the Client is unable to make payments.
• 10.6 The Client irrevocably appoints the Company and its representatives to execute documents to recover goods or monies owed.

11. Miscellaneous

• 11.1 This contract is the entire agreement between the Client and the Company, superseding all prior agreements.
• 11.2 No waiver by the Company of any default constitutes a future waiver, and no delay or omission in exercising rights impairs those rights.
• 11.3 This contract is governed by Victorian law, and both parties submit to the jurisdiction of Victorian courts.
• 11.4 Contract terms are construed to comply with all laws. If any term infringes a law, it’s read down to the extent necessary for validity or deemed void and severable.
• 11.5 If any term is deemed illegal or invalid, the rest of the contract remains in effect.
• 11.6 Headings are for convenience only. The contract binds multiple Clients jointly and severally. Singular terms include plural and vice versa. Gender terms are inclusive. “Person” includes entities. “Month” and “year” are calendar-based. “In writing” includes electronic communication.
• 11.7 Notices are sent by certified/registered mail, hand delivery, telex, or fax to the addresses specified and are deemed given upon receipt or the next working day.
• 11.8 The Company may assign or subcontract without the Client’s consent.
• 11.9 The Company does not claim to completely eradicate pests but provides recommended preventative and pest control treatments.