These terms (together with the documents referred to on it) lays out the terms and conditions on which we supply pest treatments (the Services) as listed on the CONFIRMATION to you. The CONFIRMATION is issued per piece of work or within a contract of works.
Please read these terms and conditions carefully before requesting our Services. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Agreement to these terms and conditions must be made by you prior to requesting any Services from us.
We are City Pest Care:
City Pest Care Ltd. Registered in Delhi and Wales under Gst number 07ATUPN2613F1ZK. Throughout these terms and conditions “we”, “us” and “our” or “City Pest Care” shall refer to City Pest Care Ltd, and, where appropriate, its employees, agents and consultants.
a) Our pest control services are carried out in a professional manner at the visit or visits as specified in the CONFIRMATION. Our Pest Specialist will use and apply pesticides/rodenticides and monitoring devices, as they deem appropriate on each visit. Any infestation covered by the agreement and discovered during a visit will be treated immediately.
b) Our pest specialist will report to the site contact on each visit and provide a post visit report on the findings, treatments and recommendations made during the inspection.
c) Additional visits/treatments to control the pests specified on the service agreement will be carried out as per the agreed schedule and pricing.
d) Residential services usually are case by case where commercial clients will require a contract of works, usually over an annual period to ensure suitable ongoing pest control services preventative work for the CLIENTS place of business.
THE CLIENT will make payments to City Pest Care as agreed in the CONFIRMATION. As a small business, we appreciate prompt payment.
City Pest Care does not accept any liability for loss, damage or injury to any domestic animals, livestock, birds, goods or equipment unless the loss, damage or injury was occasioned by negligence of us or our staff. Notice of such loss, damage or injury must be notified in writing to City Pest Care within 7 (seven) days of occurrence.
This contract may be terminated by City Pest Care forthwith if THE CLIENT is in breach of any of their obligations under this contract or (being a Company) goes into liquidation or if THE CLIENT shall commit an Act of Bankruptcy or have any receiving order made against them or shall make any arrangement with their creditors or any assignment for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of THE CLIENTS property or any judgement against THE CLIENT shall remain unsatisfied for more than 14 (fourteen) days. THE CLIENT may only assign the burden of this contract with the written consent of City Pest Care.
A commercial contract for ongoing works is binding for 1 (one) year from the start date and shall continue unless terminated at the end of the first year or any subsequent invoicing quarter subject to 1 (one) quarter’s prior notice in writing. THE CLIENT will be liable to half (50%) of the premiums that would become due up to the end of the contract period plus any premiums overdue up to the date of cancellation.
a) After contacting us by either phone, email or via our website to request our services, we will discuss your requirements and discuss pricing. If you require a one off visit and treatment, we will provide you with a CONFIRMATION by email of our work and you will be required to agree it by reply of email.
If you require ongoing pest services, we will arrange a free, no obligation site assessment and provide a quotation for ongoing pest services and you will be required to agree t by reply of email. You will then receive a CONFIRMATION.
The contract between us (the Contract) will be formed when we send you the CONFIRMATION.
b) The Contract will relate only to those Services that we have confirmed in the CONFIRMATION. We will not be obliged to supply any other Services which may have been part of your order until it has been confirmed in a separate CONFIRMATION.
c) For the purpose of these conditions, the Relevant Pests shall be whichever pests are referred to in the CONFIRMATION. The General Terms together with the terms set out in the relevant schedule hereto shall apply to the Contract:
d) the terms in Schedule 1 apply to insect spray treatments;
e) the terms in Schedule 2 apply to fly treatments;
f) the terms in Schedule 3 apply to cockroach treatments;
g) the terms in Schedule 4 apply to rodent treatments;
h) the terms in Schedule 5 apply to wasp nest treatments
a) Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a CONFIRMATION.
b) Our prices may vary on a geographical basis and may be subject to change, but shall be agreed at the time of booking, subject to any adjustment in accordance with these terms due to circumstances that we were unaware of at the time of booking.
c) Payment for all Services may be made by credit or debit card when the booking is made or in cash or by debit or credit card when our pest specialist arrives on site before treatment commences unless you are on agreed commercial payment terms. Unfortunately, we only accept payment by cheque if guaranteed. BACS payments can also be made.
a) Providing you give us at least 24 hours’ notice that you wish to change or cancel your appointment, we will refund you in full. If you give us less than 24 hours’ notice that you wish to change or cancel your appointment, you will be charged £35.00 (whether you have paid in advance or not) to cover our costs of the booking plus a reasonable administrative fee.
b) Please note that you may cancel the services at any time before the work is finished but if you notify us of the cancellation after we have arrived on site but before we start work, we will charge you 75% of the price and if you notify us after we start work, we will charge you the full price. This is to reflect the costs we will have incurred by that time.
c) Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the CONFIRMATION. This provision does not affect your other statutory rights as a consumer. We will use reasonable endeavours to meet all agreed appointments, but in the rare circumstances where this is not possible, we will contact you as soon as possible to agree an alternative appointment. Examples of reasons where a cancellation may be necessary include (without limitation):
d) If we fail to turn up for your appointment slot and do not contact you on the contact number(s) provided before the expiry of this slot, we will treat this as our service delivery fault and you will be able to choose whether to:
If you are not present when we arrive on site, provided that this is within the agreed appointment slot, we shall treat the Contract as cancelled by you under this clause b, unless we have agreed in advance that you do not need to be present at that time.
e) If we have legitimate concerns over the safety of the treatment, or we believe the treatment could be compromised or where we believe our safety rules may not be adhered to (decisions shall be at our absolute discretion), then we shall treat the Contract as cancelled by us. There will be no charge for our visit and if any amount has been paid in advance, we shall refund it in full. Reasons for non-treatment include (without limitation):
f) We reserve the right to withdraw from any treatment we have started where we have concerns that continuing any treatment may not be safe, that CLIENTS have not adhered to our conditions or requirements or where CLIENTS have interfered with or moved our poisons or bait. In such cases no refund will be provided.
a) You agree to undertake all pre visit tasks and compliance herein and any additional information in the CONFIRMATION or to ensure the premises are suitable for our pest specialist too undertake the work.
b) You hereby permit us to apply approved pesticides and or deploy equipment as we deem necessary, to deliver an effective treatment, subject to our compliance with all legal requirements.
c) You agree to provide us with free access to all parts of the premises for the purpose of inspection, treatment or surveillance and agree to ensure that all safety and treatment instructions are followed during and post treatment.
d) You hereby covenant not to request or permit us to access any part of the site or premises which you know or suspect to be hazardous, or in which a potentially hazardous process is carried out, without first briefing us or our pest specialist on the nature of the hazard and the precautions to be observed.
e) You or your nominated representative must be available at the site during the agreed date and time slot, unless prior arrangements have been made in advance for us to carry out the Service in your absence. If no one is present when we call at the agreed time, there is no entitlement to a refund and you will still be liable for our contracted fee.
f) To minimise pest incidence by carrying out in reasonable time any recommendations made by our Pest Specialist prior to or following a visit.
g) To make payment within the agreed timeframe and or as stipulated in the commercial payment terms as stated within the CONFIRMATION.
a) Subject to paragraph 1 of the relevant Schedule, our Service is to attend your site or property, inspect the relevant area and treat the active habitat of the Relevant Pests you have identified. We will aim to either eradicate the pests or control them, depending on the type of pest, location and safety issues.
b) On arrival at your premises, we will identify ourselves to you, and will not commence any work without your consent. Where the premises consist of land or buildings which are unoccupied but are owned by you or under your stewardship, and which have free access, you hereby give us permission to enter onto the premises on arrival and to carry out the Service.
c) Critical safety data information advising of the materials used and any precautions that are required will be left with you or can be obtained from our website www.betterpestcontrol.co.uk. It is a requirement of the Health and Safety at Work etc. Act 1974 and the Control of Pesticides Regulations 1986 that the CLIENT undertakes to read this information, to comply with it, and to keep the information on their premises for ready reference in case of any accident or emergency.
We warrant to you that our treatment aims to eradicate / control the Relevant Pests subject to critical safety and access factors, all the products we use conform to all Statutory Requirements, Codes of Practice, and accepted Good Practice for pest control work, and the Service will be provided using reasonable care and skill.
a) Subject to clause 9, if we fail to comply with these terms and conditions, we shall only be liable to you for the price paid (if any) for the Service.
b) Subject to clause 9, we will not be liable for consequential or indirect loss or damage caused from the treatment (or omission to treat the habitat), damage caused by the Relevant Pests, or losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue, loss of business, loss of opportunity, loss of profits, loss of anticipated savings loss of data or waste of management or office time. However, this clause 9 will not prevent claims for loss of or damage to your tangible property that is foreseeable and due to our negligence.
c) If we believe that it would be unsafe to carry out the treatment, in accordance with clause 8 and 9, we shall not be liable for any consequential loss, whether direct or indirect, including the costs of paying an alternative contractor.
d) Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982 or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
a) We aim to provide an excellent service to everyone, but we understand that we do not always get things right. If you have a concern or complaint, please raise this with us by calling us in the first instance.
b) If you are unsatisfied with the response or do not feel that an adequate solution has been obtained, please firstname.lastname@example.org. It would be useful if you set out full details of how you feel we have failed to deliver the services to a satisfactory standard or failed to meet your expectations. Your concerns will then be investigated and the outcome of the investigation will be explained to you by telephone, where feasible within 14 working days of receipt of the complaint.
c) In the event that you do not believe that the outcome is satisfactory, please ask for it to be referred to a director.
d) Whilst we appreciate that you may also refer a complaint to Trading Standards, the British Pest Control Association or the relevant local authority, we recommend that this is only done once you have exhausted the above process with us first.
e) A full copy of our Complaints Procedure is available on request.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our services, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with links to the appropriate pages on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be sent to City Pest Care .
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
a) These terms and conditions and any document expressly referred to constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
b) We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this Agreement will be for breach of contract.
c) Nothing in this clause limits or excludes any liability for fraud.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms and conditions before we send you the CONFIRMATION (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
Contracts for the purchase of the Service through us and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Delhi and Wales.