Pest Solutions Limited (CN 4578865) (“PS” or “us” or “we”) will provide the services to you (being “the Customer” or “you”) (“Services”) at the Customer’s premises (“Premises”) recorded in the proposal provided to the Customer (“Proposal”).

Unless otherwise stated, all Services will be carried out between the hours of 8.00am and 5.00pm, Monday to Friday (both inclusive) but excluding public holidays and the period between 23 December in one year and 15 January in the following year (both dates inclusive).

Term: The duration of this contract is for an initial period of 24 months from the date of this agreement, unless earlier terminated under these terms and conditions. After that initial period, 3 months’ written notice must be provided by one party to the other party to terminate this contract.

Customer’s right to terminate early: If the Customer considers (acting reasonably) that PS has failed to provide the Services to an acceptable standard, the Customer can provide PS with written notice stating the alleged failings by PS and requiring PS to remedy those failings within 30 days. If PS does not remedy those failings to the Customer’s reasonable satisfaction within that period of time, the Customer may cancel this contract.

PS’ right to terminate early: Without prejudice to its other rights and remedies, PS may immediately terminate the contract between PS and the Customer if the Customer becomes insolvent, or unable to pay its due debts, or fails to pay 2 or more invoices to PS.

Consumer Guarantees Act: The Customer acknowledges that where the Services are supplied by PS for trade or business purposes, that the provisions under the Consumer Guarantees Act 1993 (“CGA”) will not apply. However, if the Customer is a Consumer as defined in the CGA, then the provisions of the CGA will apply.

Equipment: Any pest management equipment (“Equipment”) provided by or used by PS in performing the Services remains the sole property of PS. PS will maintain the Equipment but the Customer must promptly and fully indemnify PS for all costs charges suffered or incurred by PS arising from or connected with any damage to the Equipment caused by the Customer or any other person. On termination of this contract the Equipment must be delivered up to PS and the Customer irrevocably grants PS a licence to enter the Premises at any time to remove the Equipment.

Acknowledgements, Limitations and Exclusions: The Customer acknowledges that:

1. PS will attend the Premises, inspect the relevant areas and endeavour to treat the relevant areas with the intention of controlling the identified pests;

2. If it requires services to be provided outside the scope of the Services, PS will charge a call-out fee or supply a quotation for the additional services. Charges for any additional services will be separately invoiced to the Customer and will be payable in accordance with these terms and conditions.

3. PS cannot guarantee full and on-going eradication of pests. The success of the Services is dependent upon a number of factors including some outside PS’s control, including but not limited to, the location of the Premises, the location and nature of adjoining premises, the actions or omissions of the Customer and/or occupants of adjoining properties, and general environmental considerations;

4. PS will provide the Services in accordance with industry standards and protocols and use reasonable endeavours to comply with applicable HSNO regulations;

5. It must follow all of PS’ directions, provide full and accurate information to PS in relation to the areas of pest infestation and manifestation, and PS will be relying upon that information;

6. PS will provide consulting services to identify and report housekeeping, hygiene and structural deficiencies which may contribute to pest infestation. The Customer must correct noted deficiencies and must comply with all instructions PS provides (whether in writing or not) including those in relation to tidying the Premises and maintaining it in a clean and tidy condition;

7. It must provide PS with free and full access to all parts of the Premises for the purposes of inspection, treatment or surveillance, it must provide all utilities necessary for PS to perform the Services at no cost to PS, and agrees to ensure all safety and treatment instructions are followed during and post treatment.

By engaging PS to undertake the Services the Customer permits PS to apply approved treatments and/or deploy Equipment as PS deems necessary in its absolute discretion, subject to compliance with all legal requirements. The Customer must advise PS on arrival and before any treatment is commenced, whether there is any reason whatsoever why treatments and/or Equipment cannot be used.

The Customer will not request or permit PS to access any part of the Premises which the Customer knows or suspects to be hazardous, or in which a potentially hazardous process is carried out, without first briefing PS on the nature of the hazard and precautions to be observed.

The Customer’s nominated representative must be available at the Premises during the agreed date and time, unless prior arrangements have been made in advance.

PS reserves the right to decline to carry out, without liability or penalty, any treatment if PS believes that it may be unsafe to access or treat the Premises, and/or that the Premises have not been sufficiently prepared in accordance with any of PS’s prior instructions, and/or or where PS believes its safety rules may not be adhered to.

If re-infestation does occur between regular scheduled service calls, PS will provide additional service treatments to endeavour to eliminate that re-infestation in accordance with the Proposal.

PS does not accept any liability whatsoever and howsoever arising (whether in negligence or otherwise) (including but not limited to consequential, indirect or special losses or damages) for any illness, injury, death, loss, damage, liability, charge, expense suffered or incurred by the Customer or any person present or attending at the Premises as a result of, arising from, or connected with the Services. Should, despite these exclusions, PS be liable then the maximum aggregate liability of PS to any and all persons is limited in aggregate to the lesser of $750 or the sum actually paid by the Customer to PS for the Services in respect of which the liability arises.

Where there is evidence of infestations emanating from private or public sewers or from breaches of soil drains we may require you to obtain specialised inspections or work. We cannot inspect or treat drains, sewers or other utilities placed on other property or public utility drains or installations.

The Customer must make payment for goods and/or Services by the 20th day of the month following the date of invoice. Payment must be made in cleared funds free of any deduction or withholding whatsoever (whether by set-off, counterclaim or otherwise). Charges under this agreement exclude GST which is payable by the Customer in addition to the charges and at the time of supply of goods and/or the Services to the Customer.

The Customer will pay interest at the default rate of 1.5% per month (calculated on a daily basis) on any amounts unpaid to PS from the due date of payment until the date of payment and despite any intervening judgement.

Should PS incur or suffer any charges expenses and/or costs in connection with obtaining payment of overdue monies owing by the Customer (including debt collection and legal fees), the Customer shall also be liable to PS for those charges expenses and/or costs on a full indemnity basis.

Even though PS is providing the Equipment incidental to the provision of the Services, the Customer acknowledges that this may constitute a bailment for more than one year in certain circumstances, and create a deemed security interest in the Equipment. Accordingly the Customer agrees that PS may register a financing statement in respect of the Equipment on the Personal Property Securities Register, it will provide all information and assistance PS requires to register and maintain the financing statement, and to the maximum extent permitted, the Customer waives any and all rights under the Personal Property Securities Act 1999 (“PPSA”), including but not limited to receive a copy of any verification statement(s) and also its rights under sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 126, 127, 129, 131, 132, 133 and 134 of the PPSA.