SERVICE AGREEMENT TERMS AND CONDITIONS
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Definitions
1.1 Words in the singular include the plural and vice versa.
1.2 Headings are for convenience and do not affect interpretation.
1.3 "Client" refers to the person or company specified in the Client Details section on page one of this Agreement.
1.4 "RF PEST MANAGEMENT" refers to RF TECH PTY LTD, ABN 33 633 730 533, trading as RF PEST MANAGEMENT.
1.5 "Force Majeure" includes events beyond the control of RF PEST MANAGEMENT, such as:
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Acts of God, epidemics, lightning, earthquakes, fires, storms, floods, washouts, and cyclones.
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Industrial disturbances.
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Riots, war, and civil disturbances.
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Shortages of equipment, materials, or labour.
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Accidents involving or breakdown of, or damage to, necessary equipment, materials, or facilities.
Collisions or accidents.
1.6 "Service Address" refers to the address listed in the Service Schedule on page one of this Agreement.
1.7 "Service Technician" is an employee, agent, or contractor of RF PEST MANAGEMENT trained and authorised to perform the Pest Control Service specified in the Service Schedule.
1.8 "GST" refers to goods and services tax, value-added tax, consumption tax, or any similar tax imposed by the government.
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Regular Service Visits
A Service Technician will thoroughly inspect the Service Address for pests and perform Pest Control Services as necessary, focusing on pests specified in the Service Schedule. A written report of the work performed will be documented in a Report Book left on the premises. Additional areas or pests will require a separate survey and proposal.
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Additional Service Visits
If the Client notices new signs of pests between regular service visits, they must contact RF PEST MANAGEMENT immediately. RF PEST MANAGEMENT will then perform any necessary additional work to resolve the issue at no extra charge. If the Service Technician determines that additional visits are necessary to control a problem, these visits will be provided without additional charge to the Client.
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Advice and Recommendations
The Service Technician will inform the Client about any factors that help control and minimise pest issues at the Service Address, including advice on cleaning, storage, and maintenance. They will specify any remedial work required and, where appropriate, arrange for RF PEST MANAGEMENT to provide further advice. These recommendations will be confirmed in writing in the Report Book.
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Acceptance of Service Agreement
The acceptance of the Service Agreement by the Client signifies their agreement to the terms and conditions outlined herein. This formal acceptance is crucial as it establishes a binding contract between the Client and RF PEST MANAGEMENT, ensuring that both parties are clear about their obligations and responsibilities. The Client's signature serves as a formal acknowledgment of their commitment to adhere to the terms of the Agreement, providing a clear framework for the delivery and management of pest control services.
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Price Policy
The pricing policy is designed to ensure that the charges for pest control services remain fair and reflective of the actual costs incurred by RF PEST MANAGEMENT. Regular reviews of the pricing structure allow for adjustments to be made in response to fluctuations in the costs of materials and services. This approach ensures that the pricing remains competitive and aligned with industry standards, while also providing transparency to the Client regarding any changes in the cost of services.
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Force Majeure
RF PEST MANAGEMENT is not liable for failing to meet contractual obligations if the failure results from causes beyond its control, as defined in clause 1.5 above.
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Loss or Damage to Equipment
The Client agrees to take reasonable care of equipment installed at the Service Address and accepts responsibility for the costs of rectifying damage caused by wilful or malicious acts, including loss, theft or fire damage.
This clause outlines the Client’s responsibility for the care and maintenance of equipment installed at the Service Address. It emphasises the importance of protecting the equipment from damage, loss, or theft. By accepting this responsibility, the Client acknowledges their role in maintaining the integrity of the equipment and ensuring that it remains in good working condition. The provision also highlights the financial implications of any damage or loss, ensuring that the Client is aware of the potential costs associated with such incidents.
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Title to Equipment
The title to equipment clause clarifies that all equipment provided and installed by RF PEST MANAGEMENT remains their property. This provision ensures that the equipment is only used for its intended purpose and that RF PEST MANAGEMENT retains control over its maintenance and operation. By maintaining ownership, RF PEST MANAGEMENT can ensure that the equipment meets its standards and is used in accordance with its protocols.
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Applicable Laws
This clause establishes the legal framework under which the Agreement operates. By specifying that the Agreement is governed by the laws of the State or Territory where it is made, both RF PEST MANAGEMENT and the Client are clear about the legal jurisdiction that applies. This provision provides a clear basis for resolving any disputes that may arise and ensures that the Agreement is enforceable under the relevant legal system.
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Stamp Duty and GST
All amounts payable by the Client to RF PEST MANAGEMENT under this Agreement are net of GST. If any supply under this Agreement is subject to GST, the Client must pay an additional amount equal to the consideration payable multiplied by the prevailing GST rate, provided that RF PEST MANAGEMENT issues a valid tax invoice. The Client is also responsible for any other government taxes and duties (including stamp duty) related to this Agreement.
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Collection Costs
Any expenses, costs, or disbursements incurred by RF PEST MANAGEMENT in recovering outstanding monies, including debt collection agency fees or solicitors’ costs, will be paid by the Client, provided these costs do not exceed the scale charges of the debt collection agency or solicitor.
This clause addresses the costs associated with recovering outstanding payments. By outlining the Client’s responsibility for covering these expenses, the provision ensures that RF PEST MANAGEMENT is not unduly burdened by the costs of debt recovery. This provision provides a clear framework for managing outstanding payments and ensures that both parties understand their financial obligations.