Casey Pest Management Terms and Conditions
These terms and conditions (“Agreement”) sets forth the general terms and conditions of your use of the caseypestmanagement.com.au website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Casey Pest Management (“Casey Pest Management”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Casey Pest Management, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
1. Customer Responsibilities
a) The client must advise us of any pets or any personal or family/staff allergies or health concerns
b) Any persons who are particularly sensitive, or who suffer from allergic reactions, should as a matter of precaution, remain out of the premises for a period of 24 hours and must not return until the premises have been fully ventilated
c) The client must remove or protect any people, animals, birds, or fish during the treatment period
d) The client must cover all food items and all food utensils
e) The client must avoid contact with the treated surfaces until the control agent has dried
f) The client must observe any verbal advice provided by Casey Pest Management or a licensed technician of Casey Pest Management at the time of treatment
g) The client must ensure your premises are properly ventilated after treatment. Leave air conditioners on vent mode so they circulate only outside air into the building for a period of no less than 4 hours
h) No treatment can be carried out around water tanks that are not fully sealed or to water collection areas. The client must advise us of water tank installations
i) If during the course of the program, it is found that structural or environmental conditions prevent us from performing any sections of the management program, the free service period may be reviewed
j) No responsibility is accepted, or warranty implied, for any damage or consequential losses that may occur as the result of past, current, or future pest activity
k) All chemicals and reagents being used in treatments by Casey Pest Management are approved by the Australian Department of Primary Industry and Energy and the Veterinary Medicines Authority (AVMA) and are registered for use by the relevant state or territory authority
l) While every care is taken, Casey Pest Management will not be held liable should any staining of timbers, fabrics, wall coverings, floor coverings, or any other articles occur.
2. Fee and Payment
a) Unless specific written arrangements have been provided, the full contract price shall be due and recoverable by Casey Pest Management on completion of the treatment
b) Any free service period and/or warranties shall be deemed null and void unless all monies due and payable to Casey Pest Management have been paid in full within the standard terms of business stated above
c) If an outstanding invoice is referred to a debt collection agency and or law firm – you; the defaulted payer will be liable for all collection and legal costs involved in the collection of the debt amount
3. Treatment effectiveness: Casey Pest Management will deliver the Service in a competent and professional manner taking into account these terms. The ongoing effectiveness of the pest control provided depends on the Customer implementing Casey Pest Management’s recommended hygiene, housekeeping, and property maintenance procedures. The Customer acknowledges that pest treatment may also be rendered ineffective by disturbing treated areas, building alterations, renovations and introducing untreated or infested materials to the property that encourage pest activity.
4. Warranty
a) Where a free service period has been provided, upon notification by the client, we agree to provide the client with any remedial treatment as may be required at the nominated property at no cost to the client. Any free service period is conditional upon the client notifying us of signs of pest infestation
b) The proposed treatment only applies to the pest species named in the pest management treatment proposal/quote. This treatment program does not provide protection against any other pests
c) The Client accepts that this pest management program can be rendered ineffective if you fail to implement our recommended hygiene procedures or by making building alterations or by the introduction of conductive or infested materials
d) Compensation will only be payable for losses arising in contract or tort sustained by the client named in the pest management treatment proposal/quote. Any third party acting or relying on this pest management proposal/quote, in whole or in part, does so entirely at their own risk
5. General Pest Control Condition
a) Rodent control treatments are guaranteed until the problem is resolved. The warranty period is 6 months from the initial treatment
b) Bee & wasp treatments are guaranteed until infestation removed. The warranty period is 6 months in treated areas
c) Insect treatment warranty is provided for 3 months inside premises if treated, no guarantee is given outside the premises
d) Warranty applies to accessible areas only
e) Warranty will not be given if we are unable to fully treat areas such as sub-floors, roof voids, attached structures, etc.
f) Warranty will not be given if access is denied to any internal areas of the property
g) If re-treatment is required it will only apply to the affected area
h) If re-treatment is deemed unjustified due to conditions outside our control, a service-call fee may apply
i) No responsibility will be taken if the Casey Pest Management technician has to move or remove furniture/appliances for the treatment
j) A general pest control program does not cover treatment or inspection for termites or any other timber pests
6. Termite Management Condition
a) Termite protection is only valid if the treatment barrier created is not broken or disturbed in any way. Termite re-entry will be possible if the barrier has been disturbed
b) The termite barrier will be rendered ineffective if there are alterations, extensions, earthworks, or landscaping that affect the barrier
c) No liability is accepted for treatment failure unless a certificate of completion is provided by Casey Pest Management
d) Concrete slabs should never have soil levels above the concrete edge or weep holes as this allows for termite entry
e) Warranties on termite treatments only apply to dwellings in accordance with the Australian Building Standards
f) Warranty applies to affected areas for re-treatment only
g) All termite warranties are void if the recommended inspections are not carried out
h) We strongly recommend that you should have your property inspected for termites at least every 12 months and preferably every 3 to 6 months as recommended in the Australian Standards AS3660 “Protection of Buildings from Subterranean Termites” and as AS4349.3 “Inspection of Buildings: Timber Pest Inspections”. A termite or timber pest inspection can be arranged and is recommended.
7. Pest Inspection and Treatment: The pest inspections undertaken as part of the Service will be based upon a visual inspection only limited to those areas and sections of the premises fully accessible and visible to the technician at the time and on the day of the inspection. Furniture, equipment, fittings and stock may conceal evidence of some pests that can only be revealed when these items are removed. The treatment will cover only those pests and areas described in this agreement. All other pests are excluded unless agreed by Casey Pest Management in writing.
8. Advice and recommendations: Casey Pest Management's technician will provide a service report after the Service and provide advice and recommendations to the Customer to control and minimize pests and their habitat. These may cover hygiene, housekeeping, stacking, storage and maintenance.
9. Access and Safety: The Customer must ensure that Casey Pest Management’s staff and other authorised personnel (“Personnel”) have full and safe access (free of any health and safety hazards and risks) to the relevant areas of the premises and all facilities such as water and electricity that RPC may reasonably require to provide the Service .The Customer must advise the Casey Pest Management technician before the commencement of the Service of any health and safety risks including the presence of asbestos. The Customer must also provide Casey Pest Management with all necessary information, instructions, documentation and co-operation required by Casey Pest Management. Casey Pest Management will comply with all reasonable security and safety instructions of the Customer while present at the Customer’s premises.
10. Customer Co-operation: The Customer must comply with all advice and instructions provided by Casey Pest Management to the Customer including any relating to pesticides and equipment usage and the health and safety of persons using the premises during and following the completion of the Service.
11. Damage to Utilities: If delivery of the Service 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. Casey Pest Management 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 Casey Pest Management.
12. Reliance on Service and Report: All reports provided by Casey Pest Management in relation to the Service are provided solely for the benefit of the Customer named in the report. Neither this agreement nor any report may be assigned by the Customer to another person or relied upon by any other person without the prior written approval of Casey Pest Management that may be given conditionally or withheld.
13. Indemnity: To the extent permitted by law, the Customer will indemnify Casey Pest Management and its Personnel against all actions, claims, proceedings or costs (including legal costs on a full indemnity basis) which Casey Pest Management may incur as a result of any reliance placed on the content of a service or inspection report by any person other than the Customer who obtained the report from the Customer without the written approval of Casey Pest Management except to the extent any loss or damage is caused by Casey Pest Management or its Personnel.
14. Force Majeure: Casey Pest Management shall not be responsible for failure to meet any obligation if the failure results directly or indirectly from a cause beyond its control.
15. Bribery: The Customer and Casey Pest Management agree:
(a) that they will not (nor allow anyone acting on their behalf) to offer, give, request or accept any undue financial or other advantage of any kind in any way connected with entry into this agreement; and
(b) they will each comply with all applicable laws related to bribery and corruption in connection with this agreement. Any failure to comply with this clause entitles a party to terminate this agreement upon notice to the other party.
16. Debt Collection: The Customer indemnifies Casey Pest Management for all expenses incurred in relation to the recovery of debts owed by the Customer.
17. Privacy and Credit Reporting: The Customer authorises Casey Pest Management, its Personnel or any related entities of Casey Pest Management, subject to complying with the Privacy Act 1988, to use and disclose the personal information of the Customer for any purpose connected with this agreement or otherwise in accordance with the Casey Pest Management Initial Privacy Policy which can be accessed at www.caseypestmanagement.com.au. Where the Customer is provided with credit, the Customer authorises Casey Pest Management to do any of the following to assess the Customer’s application for credit under this agreement and, if the application is successful, to manage the credit account until the credit account is repaid in full and closed:
(a) obtain credit reports in respect of the Customer and its related entities from credit-reporting agencies;
(b) seek and/or disclose information about the Customer and its related entities (including any information about their credit worthiness, credit history, standing or capacity) which credit providers are permitted by the Privacy Act 1988 to supply, obtain or receive;
(c) disclose information about the application for credit under this agreement and, if the application is successful, about the credit account and any credit provided to a credit-reporting agency in order to obtain information or credit reports;
(d) disclose information including identity particulars, the fact that the Customer has applied for credit and details of payments which are overdue more than sixty (60) days to credit-reporting agencies and other credit providers; and
(e) disclose information about the Customer and its related entities to any person considering acting as a guarantor of the Customer.
18. Entire Agreement: This agreement supersedes and replaces all previous agreements between the parties in relation to pest control services and contains the entire agreement between them as to its subject matter. To the extent permitted by law, Casey Pest Management expressly excludes all warranties, guarantees, representations and conditions except as may be made by Casey Pest Management to the Customer in writing.
19. Liability: To the extent permitted by law:-
(a) Casey Pest Management will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or in connection with this agreement, the supply of the services, the equipment or the sale of any goods.
(b) where a claim relates to a guarantee or warranty under the Australian Consumer Law, Casey Pest Management’s total aggregate liability to the Customer under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at Casey Pest Management’ option to:
(i) in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or
(ii) in relation to claims relating to goods, the resupply of the costs or the cost of re supply of the goods.
(c) in all other circumstances, the liability of Casey Pest Management to the Customer (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by Casey Pest Management from the Customer pursuant to this agreement.
20. General:
(a) This agreement may only be amended in writing signed by both parties.
(b) A reference to ‘writing’ or ‘written’ includes electronic mail.
(c) If any provision of this agreement is illegal, invalid or unenforceable it may be severed without affecting the enforceability of the other provisions.
(d) Each indemnity in this agreement is a continuing obligation separate and independent from the other obligations of the party giving the indemnity and survives termination or expiry of this agreement.
(e) This agreement is governed by the laws of the State or Territory where the Services are being provided to the Customer and the parties submit to the jurisdiction of the courts of that State or Territory.