Residential Terms and Conditions
For Commercial, Strata and Pre-Construction Terms and Conditions please contact us at firstname.lastname@example.org
1. Entire Agreement
1.1 These terms and conditions between Superior Pest Management (SPM) and you, THE CLIENT covers everything connected with provision of the Services and the Equipment. To the extent permitted by law, we, SPM expressly exclude all warranties, guarantees, representations and conditions except as may be made by us to you in writing.
2. Delivery of Services
2.1 The Client shall make all arrangements necessary to take delivery of the Services whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Services as arranged then SPM shall be entitled to charge a reasonable fee for redelivery.
2.2 The failure of SPM to deliver shall not entitle either party to treat this contract as repudiated.
2.3 SPM shall not be liable for any loss or damage whatsoever due to failure by SPM to deliver the Services (or any of them) promptly or at all where due to circumstances beyond the control of SPM or due to any act of the Client.
2.4 There may be further works required so that we can carry out our works, including (but not limited to) removal, repairs, alternations or rectifications to the property. If this is required we will inform you and it will be your responsibility to see that these works are carried out by qualified persons. These works will be at your expense and your risk. You agree to release us and not to hold us liable for any loss or damage suffered by you or any third party as a result of work that was not carried out by us (notwithstanding the work may have been at our request).
3.1 Acceptance of these terms can be by:
a) Signing the quote or a copy of these terms; or
b) A written communication on behalf of the client that the terms are accepted;
c) Any instructions received by SPM from the Client for the supply of Services and/or the Client’s acceptance of Services supplied by SPM shall constitute acceptance of the terms and conditions contained herein.
3.2 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of SPM.
3.3 The Terms shall apply to further supplies by SPM to even though they may not be expressly disclosed prior to supply.
4. Risks Of Service Delivery
4.1 If SPM retains ownership of the Services nonetheless, all risk for the Services passes to the Client on delivery.
4.2 Whilst all care shall be taken, SPM will not be held liable should staining of timbers, fabrics, wall coverings, floor covering or any other articles occur.
4.3 The Client acknowledges and accepts that the Services can be rendered ineffective if the Client fails to follow SPM’s instructions, makes any building alterations or introduces conducive or infested materials or otherwise fails to follows the manufacturers recommendations..
5. Inspection of Works and Claims
5.1 The Client shall inspect the Services on delivery and shall within seven (7) days of delivery (time being of the essence) notify SPM of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Client shall afford SPM an opportunity to inspect the Services within a reasonable time following delivery if the Client believes the Services are defective in any way. If the Client shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
5.2 For defective Services, which SPM has agreed in writing that the Client is entitled to reject, SPM’s liability is limited to either (at SPM’s discretion) replacing the Services or rectifying the Services, except where the Client has acquired Services as a consumer within the meaning of the Competition and Consumer Act 2010 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Services, or rectification of the Services, or replacement of the Services.
6. Price and Payment
6.1 At SPM’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by SPM to the Client in respect of Services supplied; or
(b) SPM’s current price as at the date of the delivery of the Services according to SPM’s current Price list; or
(c) SPM’s quoted Price which shall be binding upon SPM provided that the Client shall accept SPM’s quotation in writing within thirty (30) days.
6.2 SPM reserves the right to change the Price in the event of a variation to SPM’s quotation. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties such as structural or environmental conditions preventing SPM from performing any part of the Services or as a result of increases to SPM in the cost of materials and labour) will be charged for on the basis of SPM’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
6.3 At SPM’s sole discretion a deposit may be required before work is commenced. We may deduct from the deposit the cost of materials and labour expended in the event the works are not proceeding. Any unused portion of the deposit shall be refunded
6.4 At SPM’s sole discretion:
(a) payment shall be due on delivery of the Services; or
(b) payment for approved Clients shall be made by instalments in accordance with SPM’s payment schedule; and
(c) In some circumstances SPM may require the client to pay for the whole or part of the Services in advance.
6.5 SPM may submit detailed progress payment claims in accordance with SPM’s specified payment schedule. Such payment claims may include the reasonable value of authorised variations and the value of any materials delivered to the site but not yet installed.
6.6 Time for payment for the Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.
6.7 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by direct credit, or by any other method as agreed to between the Client and SPM.
6.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
7. Payment Default and Consequences
7.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SPM’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
7.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by SPM.
7.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify SPM from and against all costs and disbursements incurred by SPM in pursuing the debt or otherwise enforcing these terms including legal costs on a solicitor and own Client basis and SPM’s collection agency costs.
7.4 Without prejudice to any other remedies SPM may have, if at any time the Client is in breach of any obligation (including those relating to payment), SPM may suspend or terminate the supply of Services to the Client and any of its other obligations under the terms and conditions. SPM will not be liable to the Client for any loss or damage the Client suffers because SPM has exercised its rights under this clause.
7.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
8.1 Subject to the conditions of warranty set out in clause 8.2 SPM warrants that if any defect in any workmanship of SPM becomes apparent and is reported to SPM within three (3) months of the date of delivery (time being of the essence) then SPM will either (at SPM’s sole discretion) replace or remedy the workmanship.
8.2 The conditions applicable to the warranty given by clause 8.1 are:
(a) Any warranty given by SPM shall be subject to the terms of any applicable warranty given by the manufacturer.
(b) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through failure on the part of the Client to follow any instructions or guidelines provided by SPM or the manufacturer; and
(c) the warranty shall cease and SPM shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without SPM’s consent.
(d) in respect of all claims SPM shall not be liable to compensate the Client for any delay in remedying the workmanship or in properly assessing the Client’s claim
8.3 If you identify a problem with our services or believe you may have a services warranty claim in relation to our services please contact us by email at email@example.com or Phone: 02 4968 9810. We will arrange a convenient time for the services to be inspected and if we determine in our absolute discretion to be appropriate in the circumstances, a convenient time for the service to be resupplied.
9. Security and Charge
9.1 Despite anything to the contrary contained herein or any other rights which SPM may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to SPM or SPM’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that SPM (or SPM’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should SPM elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify SPM from and against all SPM’s costs and disbursements including legal costs on a solicitor and own Client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint SPM or SPM’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 9.1.
10. Cancellation By Either Party
10.1 SPM may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Client. On giving such notice SPM shall repay to the Client any sums paid in respect of the Price. SPM shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.2 In the event that the Client cancels delivery of Services the Client shall be liable for any loss incurred by SPM (including, but not limited to, any loss of profits) up to the time of cancellation. If the Client cancels delivery of the Service within twenty four (24) hours of the scheduled delivery time then a minimum cancellation fee of one hundred and fifty dollars ($150.00) shall apply.
11.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
11.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the exclusive jurisdiction of the courts of New South Wales.
11.3 SPM shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by SPM of these terms and conditions. SPM’s liability shall be limited to the lesser of, the price charged for the Services or the reasonable cost of rectification.
11.4 In the event of any breach of this contract by SPM the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Services or the reasonable cost of rectification.
11.5 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by SPM nor to withhold payment of any invoice because part of that invoice is in dispute.
11.6 SPM may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
11.7 SPM reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which SPM notifies the Client of such change. The Client shall be under no obligation to accept such changes except where SPM supplies further Services to the Client and the Client accepts such Services.
11.8 Neither party shall be liable for any default due to any act constituting a force majeure such as , war, terrorism, riot, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
11.9 The failure by SPM to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect SPM’s right to subsequently enforce that provision.
12. Governing Law
12.1 This agreement is subject to the laws of the State of New South Wales and the parties submit to the jurisdiction of the State of New South Wales.
13.1 “SPM” shall mean Lyntir Holdings Pty Ltd T/A Superior Pest Management its successors and assigns or any person acting on behalf of and with the authority of Lyntir Holdings Pty Ltd T/A Superior Pest Management.
13.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client, including any agent, builder or tradesperson) or as described on any quotation, work authorisation or other form as provided by SPM to the Client.
13.3 “Guarantor” means that person (or persons) who agrees to be liable for the debts of the Client on a principal debtor basis.
13.4 “Services” or “works” shall mean all Services (including the supply of goods) supplied by SPM to the Client and includes any advice or recommendations.
13.5 “Price” shall mean the price payable for the Services as agreed between SPM and the Client in accordance with clause 6 of this contract.