Pest Control Terms and Conditions
TERMS AND CONDITIONS
- Payment is due on receipt of invoice.
- Pricing quoted will remain static for the first 12 months provided there is no change to the area/s serviced and the service frequencies thereof. Thereafter an annual inflationary increase will be applied.
- Prices quoted are based on services being provided from Monday to Friday between the hours of 08h00 and 17h00 (public holidays excluded). CCM FM reserves the right to charge overtime for services outside these times.
- Broken appointments will be charged for.
- Should we be unable to perform a service due to circumstances relating to the client, an additional call-out fee will be charged at a rate of 25% of 1 (one) treatment as per section 3 of page 1 hereof.
- CCM FM reserves 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.
- CCM FM shall: Service all equipment on rental at agreed intervals (see overleaf) and make any calls necessary to attend to mechanical breakdown of the units.
- Units on Rental: Remain the property of CCM FM and may not be sold or disposed of in any way. CCM FM will be entitled to charge for the loss or damage to any units after they have been installed to the client’s satisfaction, and shall not be held liable for any consequential damage. Upon termination of this agreement CCM FM will at its own expense remove all units and installation attachments from the client’s premises. CCM FM will not be responsible to make good any damage caused when units are removed.
- The Hirer shall:
- Provide suitable supplies of electricity and / or services as may be required within the building and / or premises in which the equipment is to be installed.
- Keep the equipment at all times in his possession or control and shall on demand inform CCM FM of the whereabouts of the equipment.
- Be responsible for any loss or damage to the equipment.
- Not use the equipment for any unlawful purpose or otherwise contrary to law.
- Give immediate notice in writing to CCM FM of any damage to the equipment or of any theft, seizure or loss of possession of the equipment, or of any change to the hirer’s address.
- Not make any material alteration or addition or modification to the equipment.
- Not cede any of its rights or delegate any of its obligations under this agreement without the prior written consent of CCM FM, nor shall the hirer be entitled to relinquish possession of, or sublet the equipment.
- Indemnify CCM FM against all claims, damages, loss, costs and expenses arising out of possession or use of the equipment.
- Notify the landlord or owner of the property in writing that the equipment being installed shall remain the property of CCM FM at all times.
- Ownership of the equipment shall remain vested in CCM FM and the hirer shall at no time acquire ownership of the equipment. The hirer shall at the termination of this agreement return the equipment to CCM FM in good repair, condition and working order, fair wear and tear excepted.
- Should the hirer breach any of the conditions herein, or fail to pay any amount payable in terms hereof on the due date thereof, or do or cause to be done anything which may prejudice CCM FM’s rights under this agreement, or should the equipment be seized under legal process issued against the hirer, CCM FM shall have the right to terminate this agreement and to repossess the equipment and each action will not prejudice any other rights they may have against the hirer.
- The client agrees that should an account / invoice be overdue and handed over for collection then the client shall be liable for costs on the attourney and own client scale, all legal charges, collection, commission and interest at the rate prescribed by law.
- This agreement is the sole rental agreement between the parties hereto.
RISK AND INSURANCE
- Subject to the provisions of clauses 2.2 and 2.6 below, CCM FM shall not be liable to the client or any third party for any loss or damage of whatsoever nature howsoever caused whether direct or consequential unless such loss or damage is directly attributable to CCM FM willful act or any employee acting within the course and scope of their employment with CCM FM.
- CCM FM discloses that it has public liability insurance and stated that it will submit any public liability claims resulting from any negligent act or omission committed by it or its employees acting within the course and scope of their employment with the said company provided that:
- The act or omission must be subject to indemnity under the policy of insurance aforesaid and CCM FM gives no warranty or guarantee in regard thereto.
- At the time of the occurrence the client shall not be more than 30 days in arrears with any monies which it may owe CCM FM for its services.
- It is agreed that the insurer’s liability shall be limited to R2 000 000 (two million rand) inclusive of any legal costs recoverable by the claimant or any number of claimants and all other costs and expenses incurred with the insurer’s consent for any one event or series of events with one original cause or source.
- Should payment of such public liability claim not be made by the insurer for any reason whatsoever, CCM FM shall not in any way be held liable for such claim.
- The customer shall notify CCM FM in writing within two working days after the occurrence of the event giving rise to a claim and shall provide all the relevant facts pertaining to such claim.
- It is recorded and agreed by the parties hereto that the services provided in terms of this agreement are supplementary to and not alternative to insurance cover held by the client and it is incumbent upon the client to ensure that alt their property is adequately insured. Any rental insect light traps are to be insured by the client.
FORCE MAJEURE AND STRIKES
It is hereby recorded that CCM FM’s obligations would be suspended in the event of an act of god, force majeure strikes, riots, interference by civil or military authorities and compliance with any applicable law or regulations or any circumstances beyond the control of CCM FM and which the client will not be obliged to make payment to CCM FM of the relevant part of the contract fee.
The parties consent to the jurisdiction of the magistrate’s court for any legal action arising out of this agreement. The applicant confirms that it would be liable for all costs, which will include all attourney and own client cost incurred to recover all amounts due and outstanding in terms of this agreement.
PRODUCT AND MECHANISM SAFETY
Product labels and MSDS (material safety data sheet) are available upon request. Products and mechanisms should never be tampered with. Avoid contact with the products and ensure that humans and pets do not tamper with or make contact with the products and mechanisms. CCM FM takes no responsibility for any illness or harm which may be caused due to exposure to our products and mechanisms. Areas which have been sprayed, fogged for treated with any other bait or product should not be entered into for at least 60 minutes after such treatment. The client agrees to notify all users in the building and / or premises that pest prevention treatments will be carried out at the agreed intervals, and such persons who may be pregnant or be allergic to chemicals are advised to contact their medical doctors to advise them of suitable avoidance periods.