Terms of Trade

1. DEFINITIONS

1.1 “Blast Pest Control and Heat Pump Cleaning Service” means Blast Pest Control and Heat Pump Cleaning Service and shall include its agents and partners

1.2 “Customer” means the Customer, any person acting on behalf of and with the authority of the Customer, or any person being supplied with Services by Blast Pest Control and Heat Pump Cleaning Service.

1.3 “Services” shall mean all services, documentation, data and advice provided by Blast Pest Control and Heat Pump Cleaning Service to the Customer.

1.4 “Price” shall mean the cost of the Services as agreed between Blast Pest Control and Heat Pump Cleaning Service and the Customer and shall includes all disbursements.

2. ACCEPTANCE

2.1 Any instructions received by Blast Pest Control and Heat Pump Cleaning Service from the Customer for the supply of Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

2.2 If Blast Pest Control and Heat Pump Cleaning Service is unable to provide the Services to the Customer on the agreed date due to the Customer not being ready or available and the Customer has failed to give Blast Pest Control and Heat Pump Cleaning Service reasonable prior notice of such unavailability, then the Customer will pay Blast Pest Control and Heat Pump Cleaning Service a call out fee of $48.50 incl GST.

3. COLLECTION AND USE OF INFORMATION

3.1 The Customer authorises Blast Pest Control and Heat Pump Cleaning Service to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Services provided by Blast Pest Control and Heat Pump Cleaning Service to any other party.

3.2 The Customer authorises Blast Pest Control and Heat Pump Cleaning Service to disclose any information obtained to any person for the purposes set out in clause 3.1.

3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

4. PRICE

4.1 Where no price is stated in writing or agreed to orally the Services shall be deemed to be supplied at the current amount as such Services are supplied by Blast Pest Control and Heat Pump Cleaning Service at the time of the contract.

4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Services that is beyond the control of Blast Pest Control and Heat Pump Cleaning Service between the date of the contract and supply of the Services.

5. PAYMENT

5.1 Payment for Services shall be made in full on the date of invoice (“the due date”) unless otherwise agreed

5.2 Interest may be charged on any amount owing after the due date at the rate of 17% per annum until fully paid.

5.3 Any expenses (including debt collection agency fees), disbursements and legal costs (including legal costs on a solicitor-client basis) incurred by Blast Pest Control and Heat Pump Cleaning Service in the enforcement of any rights contained in this contract shall be paid by the Customer. Letters reminders and phone calls (except the first call) for the purpose of collecting outstanding money will attract a fee of $10.00 incl GST per instance.

5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.

5.5 A deposit may be required.

5.6 The Customer shall not be entitled to the benefit of any express guarantee or warranty provided by Blast Pest Control and Heat Pump Cleaning Service to the Customer (if any) until all amounts owing to Blast Pest Control and Heat Pump Cleaning Service by the Customer are paid in full.

6. QUOTATION

6.1 Where a quotation is given by Blast Pest Control and Heat Pump Cleaning Service for Services:

6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue;

and

6.1.2 The quotation shall be inclusive of goods and services tax unless specifically stated to the contrary;

6.1.3 Blast Pest Control and Heat Pump Cleaning Service reserve the right to alter the quotation because of circumstances beyond its control

6.2 Where Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Services.

7. DISPUTES

7.1 Any claim relating to Services must be made within fourteen (14) days of completion of the service

8. LIABILITY

8.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Blast Pest Control and Heat Pump Cleaning Service which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Blast Pest Control and Heat Pump Cleaning Service, Blast Pest Control and Heat Pump Cleaning Service‘s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

8.2 Except as otherwise provided by clause 8.1 Blast Pest Control and Heat Pump Cleaning Service shall not be liable for:

8.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Services by Blast Pest Control and Heat Pump Cleaning Service to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by Blast Pest Control and Heat Pump Cleaning Service to the Customer; and

8.2.2 The Customer shall indemnify Blast Pest Control and Heat Pump Cleaning Service against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Blast Pest Control and Heat Pump Cleaning Service or otherwise, brought by any person in connection with any matter, act, omission, or error by Blast Pest Control and Heat Pump Cleaning Service its agents or employees in connection with the Services.

8.2.3 If contrary to the disclaimer or liability contained in these terms and conditions of trade Blast Pest Control and Heat Pump Cleaning Service is deemed liable to the Customer, following and arising from the supply of Services by Blast Pest Control and Heat Pump Cleaning Service to the Customer, then such liability is limited in its aggregate to $500.

9. COPYRIGHT AND INTELLECTUAL PROPERTY

9.1 Blast Pest Control and Heat Pump Cleaning Service, owns and has copyright in all work, software, systems, solutions and documents produced by Blast Pest Control and Heat Pump Cleaning Service in connection with the Services provided pursuant to this contract and the Customer may use the Services only if paid for in full and for the purpose for which they were intended and supplied by Blast Pest Control and Heat Pump Cleaning Service.

10. CONSUMER GUARANTEES ACT

10.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Services from Blast Pest Control and Heat Pump Cleaning Service for the purposes of a business in terms of section 2 and 43 of that Act.

11. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES

11.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Blast Pest Control and Heat Pump Cleaning Service agreeing to supply Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Blast Pest Control and Heat Pump Cleaning Service the payment of any and all monies now or hereafter owed by the Customer to Blast Pest Control and Heat Pump Cleaning Service and indemnify Blast Pest Control and Heat Pump Cleaning Service against nonpayment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.

12. MISCELLANEOUS

12.1 Blast Pest Control and Heat Pump Cleaning Service shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

12.2 Failure by Blast Pest Control and Heat Pump Cleaning Service to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Blast Pest Control and Heat Pump Cleaning Service has under this contract 

12.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability.

12.4 The Customer has read and understood the terms and conditions, the FAQ sheets and understands the preparation required pre service and the requirements post service to maximize the effectiveness of the treatment and agrees that Blast Pest Control and Heat Pump Cleaning Service has notified the Customer of these.

Unnecessary call backs will attract a $60.00 incl GST call out fee.