1. GENERAL OBLIGATIONS
1.1 PB Pest Control & Management shall carry out the Services or Works as specified.
1.2 The Client shall:
- provide access for PB Pest Control & Management representatives to carry out its Services at any reasonable time or as specified;
- provide all facilities at the premises that PB Pest Control & Management may reasonably require to carry out the Services; and
- permit PB Pest Control & Management 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 resulting from the failure of the Client to allow access or provide proper and adequate instruction.
1.3 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.
- PB Pest Control & Management shall have the right, without prejudice to any other right or action, to terminate this agreement forthwith:
- if the Client fails to observe and perform any of the terms of this Agreement; or
- if the Client is adjudged bankrupt or if the Client 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 Client 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 Client 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 Client or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction); or
- in the circumstances set out in Clause 5; or
- if credit references relating to the Client are obtained which are unsatisfactory to PB Pest Control & Management.
- If the Client purports to terminate the Agreement before expiry of the minimum term or other than by giving the required period of notice as specified below or if PB Pest Control & Management terminates this Agreement in the circumstances set out in Clauses 5, then the Client shall pay to PB Pest Control & Management upon receipt of invoice by way of liquidated and agreed damages a sum equal to the fees due at the applicable price per quarter for either:
a. the balance of the minimum term, or if this is less than the Required period of notice;
b. the period from the date of the said notice of termination until expiry of the required period of notice.
- Nothing in this Agreement affects the statutory rights of a consumer. Subject thereto all representations, warrants, guarantees and conditions express or implied, statutory or otherwise are expressly excluded and PB Pest Control & Management does not accept liability for loss, damage or injury howsoever arising save as specified in this clause below:
- Personal injury or death which is a direct result of PB Pest Control & Management negligence during the carrying out of the Services; and
- Physical damage to property which is a direct result of PB Pest Control & Management negligence in carrying out the Services up to a limit of £5,000 for any one occurrence or series of occurrences arising out of one event, and
- The Client shall not be entitled to make any claim against PB Pest Control & Management or its employees unless it gives PB Pest Control & Management written notice of the event giving rise to such claim, containing sufficient information for it to be identified and investigated by PB Pest Control & Management within 28 days of the date on which the Client becomes or ought reasonably to have become aware of the occurrence of such event. PB Pest Control & Management 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.
- FORCE MAJEURE
If PB Pest Control & Management is prevented or delayed in the performance of any of its obligations under the Agreement by circumstances beyond its control, then PB Pest Control & Management shall be excused the performance or the punctual performance of the Services, as the case may be, for so long as such cause of prevention or delay shall continue.
If any payment to be paid by the Client to PB Pest Control & Management under the Agreement is unpaid for a period of 30 days after it has become due PB Pest Control & Management may at any time thereafter give to the Client 7 days written notice to terminate this agreement and unless such overdue sum has been paid before the expiration of such notice PB Pest Control & Management shall, without need for the giving of any further notice, have the absolute right at any time thereafter to cease to provide Services whereupon this Agreement shall then terminate absolutely and PB Pest Control & Management obligations hereunder shall cease but without prejudice to the liabilities of the Client to PB Pest Control & Management.
The Client may not assign this Agreement without the prior written consent of PB Pest Control & Management.
- HEALTH AND SAFETY
The Client will take all reasonable steps to ensure that the advice and instructions given by PB Pest Control & Management to protect the health and safety of persons using the premises during and after the provision of the Services are followed.
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 PB Pest Control & Management.
- Any notice to be given to the Client 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 this Agreement (or such other address as shall be notified in writing, for the purpose of, this Clause).
- Any notice to be given under this Agreement shall be in writing and shall be sent by hand or by first class mail to 11 Park Drive, Romford Essex RM1 4LJ.
9.3 Any notice given by mail, shall be deemed to have been given on the second day (excluding Saturdays, Sundays, and statutory holidays) after despatch.
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.
11. SET OFF
The Client 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 PB Pest Control & Management or otherwise which is not related to the Service.
- ENTIRE AGREEMENT
12.1 This agreement constitutes the entire agreement between the Client and PB Pest Control & Management.
12.2 The Client shall not be entitled to rely on or to seek to rely on any statement warranty or representation made by or on behalf of PB Pest Control & Management to the extent that such representation is inconsistent with these Conditions nor any advice or recommendation given by or on behalf of PB Pest Control & Management as to the supply of the Services unless confirmed in writing by PB Pest Control & Management.
12.3 These Terms and Conditions (and such other terms and conditions as PB Pest Control & Management may stipulate or agree in writing) shall prevail over any inconsistent terms which may appear on the Clients enquiry order or other documents received by PB Pest Control & Management from the Client or which may be implied by law or trade custom or practice or a course of dealing between parties, all of which are hereby expressly excluded. All orders are accepted and executed on the understanding that the Client is bound by these Conditions.