Terms and Conditions
Standard Terms and Conditions; Residential Pest Control
- The Service: Peace of Mind Termite & Pest Management (POMTPM) ABN 38 897 276 788 agrees to provide a Pest Control Inspection and Treatment (the “Service”) at the premises described above for the Fee set out above in relation to only those Pests and in the areas described in the Inspection/ Treatment Report and subject to these terms. Furniture is excluded unless specifically referred to in the Inspection/Treatment Report. All Reports will be delivered to the customer at the time of Service or forward to the Customer at the email address specified above.
- Payment: Our Fee (plus GST) is payable in full on the day our Service is rendered. Any Re-Treatment Guarantee shall not apply unless POMTPM has received all monies owing to it by the Customer. Where the Customer authorizes charges to a credit card or by direct debit to a bank account, a charge for the Fee will be processed on the day the Service is rendered. Interest will be charged on amounts overdue for payment at the rate of 2% above the rate charged by POMTPM’s Bank for overdrafts under $100,000 from the due date until paid calculated daily. Should POMTPM incur costs to a collection agency or legal fees in recovering any unpaid monies, these fees will be payable by the Customer.
2a. Peace of Mind Pest Plans (PMPP): Are inspection and treatment plans, paid in advance through Ezidebit on a monthly debit arrangement from the clients account. Inspection and treatments will be carried out at frequency provided by the selected PMPP.
Credit card charges will be paid by POMTPM except for American Express were the customer will bear the charges.
Refunds: Should a customer decided to no longer participate in the PMPP an office administration fee, 20% to a maximum of $50 off monies held will be retained by POMTPM after services already rendered have been debited against pre-paid funds.
- Access: The Customer will provide access to those areas of the premises required by POMTPM at times agreed with POMTPM to perform the Service including the interior of the Premises. The Customer will provide access to any water or electricity that POMTPM may require to perform the Services. POMTPM personnel will show identification to the Customer upon requests and comply with all reasonable requests while at the premises.
- Pest Inspection: The pest inspection will comprise a visual inspection only limited to those areas and sections of the property fully accessible and visible to the technician on the day of the inspection. Customers should note that in occupied premises, furnishings and household items may conceal evidence of timber pests that are only be revealed when items are removed.
- Pests Covered: The treatment will cover only those Pests marked as included in the Pest Treatment invoice. All references to termites mean subterranean termites species only. The treatment does not provide for the control of damp wood termites, dry wood termites, fungus, wood decay, and wood boring beetles or any other pest not included in the Pest Treatment invoice.
- Re-treatment Guarantee: The Service is subject to a Re Treatment Guarantee in accordance with these terms and conditions for the period advised by POMTPM’s technician in the Inspection/ Treatment invoice. More information concerning this Guarantee is set out in clause 15.
- Safety Instructions: It is important that the Customer follows the safety instructions provided by POMTPM’s technician concerning pesticides particularly those directed to the safety of children, the intellectually impaired and pets.
- Treatment effectiveness: POMTPM will deliver the Service in a competent and professional manner considering these terms. The ongoing effectiveness of the pest control treatment also depends on the Customer maintaining good housekeeping practices around the property including implementing POMTPM’s recommended hygiene and property maintenance procedures. Pest treatment will also be rendered ineffective by disturbing garden areas adjacent to the treated structures, building alterations, renovations and introducing materials to the property that encourage pest activity.
- Damage to Utilities: If delivery of the Services requires drilling or cutting any materials, the Customer will be responsible for identifying the location of all utility services to the property including water and drainage pipes, electrical and telephone cables, gas pipes etc. POMTPM will exercise due care in performing any drilling or cutting but the Customer will be liable for any damage caused by penetration to any such services unless caused by the negligence of POMTPM.
- Reliance on Service and Report: The Service and Pest Treatment report is provided solely for the benefit of the Customer named in the report. The Customer may not assign this agreement to another person without the prior written approval of POMTPM that may be given conditionally or withheld.
- Entire Agreement: This Agreement contains the entire understanding of the parties and (except for the the Competition and Consumer Act 2010 or other laws which cannot be excluded or modified by agreement “consumer laws”) all other terms representations, conditions, guarantees, undertakings, warranties including liability for negligence which might have been implied by law or have any application are expressly excluded to the fullest extent permitted by law.
Standard Terms and Conditions Australian Residential Pest Control
- Liability: The Service is provided for the benefit of the Customer only. POMTPM accepts no responsibility whether in contract, tort or otherwise, including in relation to negligence, to any third party as a result of the provision of the Services or the Pest Treatment Report. If the Customer is a ‘consumer” under consumer law, the Services provided by POMTPM come with guarantees and remedies which cannot be excluded by law and POMTPM’s liability to the Customer shall be limited to remedies provided under consumer laws.
- Governing Law: This Agreement is governing by the laws of the State or Territory where the Service is being provided to the Customer and the parties submit to the jurisdiction of the courts of that State or Territory.
- Retreatment Guarantee POMTPM guarantees to promptly re treat any area of the premises during the Retreatment Guarantee period without charge if the Customer has complied with these terms, particularly Clause 8, and in the unlikely event of any pest activity covered by the treatment at the premises during that period. The period shall be the 3, 6, or 12 month period specified in the Customer’s Inspection/ Treatment Invoice. If no period is specified the period shall be 3 months for commercial service and 6 months for residential service. The period operates from the date of the Service. Customers should contact POMTPM on the free call number set out below immediately they notice any sign of pest activity and advise POMTPM of all relevant information. Customers may also contact us via the website below. The benefits to the Customer given by the Retreatment Guarantee are in addition to other rights and remedies of the Customer under Australian Consumer Law. The Guarantee is given by Peace of Mind Termite & Pest Management (POMTPM) ABN 38 897 276 788 of 1aa, 24-28 Corporation Circuit, Tweed Heads South. Free call number 1800 24 5550. Our Services come with guarantees that cannot be excluded under the Australian Consumer law. You are entitled remedies for a major failure and for compensation for any other reasonably foreseeable loss or damage. If it is minor failure, you are entitled at POMTPM’s option to have the service re supplied or the cost of re supply of the service.
Please call Peace of Mind Termite & Pest Control Customer Service on 1800 24 5550 from 9.00 am to 5.00 pm (local time) Monday to Friday.