Awarded Small Company of the Year 2017
1. General Obligations
1.1 The Customer shall:
1.1.1 Provide access to AttackPests’s representatives to carry out its services at any reasonable time or as specified.
1.1.2 Provide all facilities at the premises that AttackPests representatives may reasonably require to carry out the services.
1.1.3 Permit AttackPests LTD to make a charge at the normal hourly rate for any wasted journeys due to failure to observe an appointment, delays in carrying out the work or cancellations as a result of the Customer’s failure to allow access, or provide proper instruction.
1.1.4 Provide AttackPests with all information that we reasonably ask for.
1.1.5 Act promptly on raised non-conformances and recommendations by Attackpests LTD.
1.1.6 Follow advise on access limitations if specified by the technician
Attackpests LTD cannot be held responsible for pest infestations on the customers site if the customer does not follow the recommendations. The technicians’ recommendations are designed to discourage pest activity on the site and should not be ignored.
1.2 Obligations Relating to Rented Equipment
1.2.1 The following condition does not apply to maintenance-only agreements for client-owned equipment. Any references in this Condition (Removal of the Rented Equipment) shall mean equipment rented by AttackPests Ltd to the Customer.
1.2.2 AttackPests’s Obligations as part of its Service, AttackPests will conduct any repairs necessary to keep the equipment in good working order provided that:
126.96.36.199 the Customer is not in default of any of its obligations under these Terms and Conditions; and such repairs are not necessitated as a result of wilful damage, negligence, mishandling, tampering or any unauthorised repairs by or on the part of the Customer, its employees, licensees or agents.
1.2.3 The Customer’s Obligations:
188.8.131.52 Shall not sell, part with possession of, pledge or otherwise dispose of any equipment owned by AttackPests LTD. The Customer will have no interest in the equipment supplied as part of these services and shall take no action inconsistent with AttackPests’s ownership of the equipment.
184.108.40.206 shall insure against injury (including death) to any persons or for loss of or damage to property as a result of the Customer’s default or negligence.
220.127.116.11 shall immediately notify anyone claiming possession of the equipment that it belongs to AttakPests LTD.
18.104.22.168 shall comply with all statutory and safety requirements relating to the use of the equipment.
22.214.171.124 shall notify AttackPests LTD immediately of any damage, destruction or loss to or of any equipment.
126.96.36.199 shall not at any time permit any equipment to be removed, cleaned or repaired.
188.8.131.52 Removal of Rented Equipment- The Customer will allow any person authorised by AttackPests LTD to enter any premises owned or occupied by the Customer at all reasonable times to inspect the equipment. If in the event of termination of this Agreement AttackPests is not allowed or able to repossess its property, it will be entitled to charge the Customer with the full replacement cost of the equipment which has not been recovered, such charges being payable immediately.
AttackPests LTD will exercise all reasonable care in removing the equipment from the Customer’s premises but will not be responsible for restoring walls and services of those premises to their original state.
184.108.40.206 Damage to Rented Equipment- The Customer is responsible for any damage to the equipment (other than that which is a direct result of AttackPests’s negligence) whilst it is on the Customer’s premises. AttackPests LTD will be entitled to charge the Customer with the full repair or replacement cost of any damaged equipment, such charges being payable immediately.
1.3 Attackpests LTD obligations and method statement:
1.3.1 All site inspections are carried out by appropriately trained personnel. There may be more than one operative during a visit for training purposes.
1.3.2 The inspection personnel shall wear the correct PPE and observe the clients site visit protocol for contractors if applicable.
1.3.3 The inspection personnel shall respect the premises in accordance with our schedule and procedure. Emphasis on high risk areas vulnerable to infestation, including raw materials, machinery and process equipment.
1.3.4 The findings from the inspection are reported in our service report showing findings, remedial actions and pests status.
1.3.5 Where contracted an annual basis, any evidence of active infestations will be treated as urgent and an action plan installed. Otherwise, the routine, remedial and preventive measures are carried out as planned. Results of inspections are assessed and analysed for trends.
1.3.6 Where a pest control treatment is required, the appropriate protocols would be observed by our staff. These include among others, an assessment of the area, appropriate pesticide, risks to non-target species; and/or surfaces, post treated condition of the treated area, record of quantities and names of pesticides used, including any accidental spillages.
1.3.7 Follow up procedures are adopted on finding an infestation. The procedure varies depending on the type of pest. The client is fully briefed about the state of affairs during and on conclusion of the follow action.
1.3.8 Finally, on completion of the inspection, the operative shall depart from the site and sign off the relevant documentation. All our waste products shall be removed from the site.
1.3.9 To supply relevant risk assessment data to the client as required
1.3.10 To ensure the company holds Employers Public and Products Liability Insurance.
1.3.11 To comply with the industries standards and legislations, and to inform the customer where possible if the changes affects their business protocols
1.3.12 To ensure that technicians hold the appropriate qualifications for the level of service required
1.4 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
2.1 Nothing in this Agreement affects the statutory rights of a consumer. Subject thereto all representations, warranties, guarantees and conditions express or implied, statutory or otherwise are expressly excluded and AttackPests LTD does not accept liability for loss, damage, or injury howsoever arising save as specified in this clause below:
2.1.1 Personal injury or death which is a direct result of AttackPests’s negligence in the course of carrying out the services; and
2.1.2 Physical damage to property which is the direct result of Attackpests’ negligence in carrying out the services up to a limit of £25,000 for any one occurrence or series of occurrences arising out of one event; and
2.1.3 replacement or (at AttackPests’s option) repair of any equipment or components comprised therein, which are defective or unsuitable for the purpose due to faulty workmanship, design or materials.
2.2 The Customer shall not be entitled to make any claim against AttackPests or its employees unless it gives AttackPests written notice of the event giving rise to such claim, containing sufficient information for it to be identified and investigated by AttackPests LTD within 28 days of the date on which the Customer becomes or ought reasonably to have become aware of the occurrence of such event.
2.3 AttackPests LTD shall in no circumstances have any liability for any loss of profit, use or business interruption or other indirect, economic or consequential loss or damage.
3. Information about charges:
3.1 Due to the nature of business AttackPests may need to change its contract with you to comply with any new legislation, statutory instrument, government regulation or any new taxation which we need to pass on to you as a matter of law.
3.2 We can amend, suspend, or withdraw your price plan, price plan Services or additional commitment services. We will give you written notice 30 days before we do so. The change will then apply to You once that notice has run out. If we do this, you may be entitled to cancel your contract early without the cancellation charge. This would need to be discussed with the managing director.
3.3 By entering into this agreement you authorise the end users on your account to incur charges without prior permission from you. Please see your price plan and service summary for a list of charges and services which end users can add to your account without prior permission from you.
3.4 You shall pay an amount inclusive of VAT
4.1 AttackPests shall have the right, without prejudice to any other right or action, to terminate this Agreement forthwith;
4.1.1 if the Customer fails to observe and perform any of the terms of this Agreement; or
4.1.2 if the Customer is adjudged bankrupt or if the Customer shall convene a meeting of its creditors or if a proposal shall be made for a voluntary arrangement within Part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme or arrangement with ( or assignment for the benefit of) its creditors or if the Customer shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the Customer or if a petition is presented for a bankruptcy order or a meeting is
convened for the purpose of considering a resolution or other steps are taken for the winding up of the Customer or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction); or
4.1.3 in the circumstances set out in Clause 5 or
4.1.4 if credit references relating to the Customer are obtained which are unsatisfactory to AttackPests LTD.
4.2 If the Customer purports to terminate this Agreement before expiry of the minimum term or other than by giving the required period of notice as shown on individual contract terms or if AttackPests LTD terminates this Agreement in the circumstances set out in Clause 5, then the Customer shall pay to AttackPests LTD upon receipt of invoice by way of liquidation and agreed damages a sum equal to the fees due at the applicable price per quarter for either;
4.2.1 the balance of the minimum term; or if this is less than the required period of notice
4.2.2 he period from the date of the said notice of termination until expiry of the required period of notice.
5.1 All credit account applications must be agreed by AttackPests
5.2 If any payment to be paid by the Customer to AttakPests under this Agreement is unpaid for a period of 30 days after it has become due AttackPests may at any time thereafter give to the customer 7 days written notice to terminate this Agreement and unless such overdue sum has been paid before the expiration of such notice AttakPests shall, without need for the giving of any further notice, have the absolute right at any time thereafter to cease to provide services where upon this Agreement shall then terminate absolutely and AttackPests’s obligations hereunder shall cease but without prejudice to the liabilities of the Customer to AttackPests.
5.3 AttackPests LTD will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if it is not paid in accordance with the terms of this Agreement.
5.4 The Customer shall not be entitled to withhold payment of monies due under this Agreement by reason of any claim or counterclaim it may have or alleges to have against AttackPests or otherwise which is not related to the service.
6. Health and Safety
6.1 The Customer will take all reasonable steps to ensure that the advice and instructions given by AttackPests to protect the health and safety of persons using the premises during and after the provision of the services are followed.
6.2 The Customer agrees to advise AttackPests’ and its employees of any hazards they may encounter whilst working at the Customer’s premises.
6.3 All pesticides used by AttackPests are approved under the Control of Pesticides Regulations 1986 and have been assessed for any hazard under the Control of Substances Hazardous to Health Regulations (COSHH). Information on pesticides used at your premises will either be provided to you or is available on request.
7.1 No variation, extension, exclusion or cancellation of this Agreement shall be binding (unless terminated in accordance with these terms) unless it is confirmed in writing by an authorised officer of Attackpests LTD
8.1 Any notice to be given to the Customer under this Agreement shall be in writing and shall be sent by hand or by first class mail to the address appearing at the head of the Agreement (or such other address as shall be notified in writing for the purpose of this Clause).
8.2 Any notice to be given to AttackPests under this Agreement shall be in writing and shall be sent by hand or by first class mail to 84 Robertson Road, Bristol, BS5 6JW.
8.3 Any notice given by mail, shall be deemed to have been given on the second day (excluding Saturdays, Sundays and statutory holidays) after despatch.
9.1 If any term or provision in this Agreement is or shall become in whole or in part illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Agreement shall not be affected or impaired thereby.
10. Entire Agreement
10.1 This Agreement constitutes the entire agreement between the Customer and AttackPests
10.2 The Customer shall not be entitled to rely on or to seek to rely on any statement, warranty or representation made by or on behalf of AttackPests to the extent that such representation is inconsistent with these Conditions nor any advice or recommendation given by or on behalf of AttackPests as to the supply of the services unless confirmed in writing by Attackpests.
10.3 These Terms and Conditions (and such other terms and conditions as AttackPests may stipulate or agree in writing) shall prevail over any inconsistent terms which may appear on the Customer’s enquiry, order or other documents received by AttackPests from the Customer or which may be implied by law or trade, custom, practice or a course of dealing between the parties, all of which are hereby expressly excluded. All orders are accepted and executed on the understanding that the Customer is bound by these Conditions.