Buckinghamshire Pest Control - Terms and Conditions These Terms and Conditions apply to all Services provided by Andrew Collier trading as Buckinghamshire Pest Control, c/o Brooks Precision Engineering, Unit 6 Chamberlain Road, Aylesbury HP19 9DY (referred to as "we/us/our").
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: "Client/you/your" means the Consumer or business purchasing the Services. Where any individual enters into the Contract on behalf of a business, that person confirms they have the authority to contractually bind and enter into the Contract on behalf of that business and the business will be our Client in the context of the Contract; "Consumer" is as defined in the Consumer Rights Act 2015; "Contract" means the contract formed as set out in clause 2; "Property" means any premises at which our Services are to be provided; "Quotation" means our written or verbal price given to you for the Services to be provided, which unless otherwise specified, remains open for acceptance for a period of 30 days and sets out our entire scope of works; and "Services" means the pest control services to be provided by us to you.
1.2 Each reference to "writing" and "written" includes any correspondence either physically written or sent electronically.
2. The Contract
2.1 We will provide you with a Quotation for the Services. Your acceptance of our Quotation will form a legally binding Contract between you and us, which includes the acceptance of these Terms and Conditions.
2.2 Our Quotation is based on the information provided to us at the time we prepare it. If we attend the Property and find additional works are required other than those for which we have quoted, we will contact you to obtain your permission to carry out the additional Services and will agree a price for these.
3. The Services
3.1 We will carry out our Services with reasonable care and skill, in accordance with the accepted Quotation and in accordance with best trade practice.
3.2 If we agree to carry out a site survey, we may request payment for this up front in accordance with clause 6.
3.3 Any programme dates we agree are to be treated as an estimate only and unless otherwise agreed in writing, we will have no obligation to complete our Services by a specified date.
3.4 We will issue you with any relevant health and safety information and COSHH or other data sheets relating to any chemicals, (if any), that we have used. You must read this information and comply with any procedures contained in them. Should any person come into contact with any chemical(s) we may have used, we recommend they follow the instructions given and seek medical attention where necessary.
3.5 Treated areas must be left to dry completely before being accessed.
3.6 We will endeavour to remove any pests/carcasses that have been treated but cannot be held responsible for unwanted effects from those in inaccessible areas. If we need to gain access to any areas to remove pests/carcasses, it will be your responsibility to arrange this, including where walls, floors etc. need to be physically altered or removed, and to make good once our Services are complete. We cannot be held responsible for any damage to the Property, except where we have actually caused this.
3.7 It is your responsibility to ensure that children and pets are kept away from any treated areas, traps and bait stations, and that they are appropriately supervised at all times whilst we are providing the Services.
4.1 Any equipment (such as traps and bait stations) we may place or leave at the Property will at all times (unless specifically itemised and paid for by you) belong to us. You may be asked to pay a damage waiver for each piece of equipment prior to it being placed or used on your Property.
4.2 If any of our equipment is removed, damaged, lost, stolen or tampered with, we will retain any damage waiver or where this has not been paid or is not sufficient to cover our losses, you will be responsible for paying the cost of replacing the equipment.
4.3 We reserve the right to enter upon any Property at which our equipment is being kept to recover it, if payment is not made in accordance with clause 6.
4.4 You may purchase equipment from us and we will provide a separate Quotation for this on request.
5. Your Responsibilities
5.1 You are responsible for ensuring that: 5.1.1 the Property is suitable for our Services to be carried out (for example, if flooring is to be treated, it must be in reasonable condition or it may suffer minor damage as a result); 5.1.2 the Property and any and all parts of it that we may need to access are safe and sound to do so, and any dangers present, (e.g. broken glass, loose paving slabs, rotten decking), are made known to us before any Services commence. If we deem access to be unsafe, we reserve the right to cancel the Contract in accordance with clause 8; 5.1.3 we can access the Property (and neighbouring land, where necessary) to provide the Services on the agreed dates and at the agreed times. We need a minimum of 3 working daysâ€™ notice if we will not be required to provide our Services on the agreed day and in this event, we will not charge for the cancelled visit;
5.1.4 you comply with our recommendations and advice, including regarding prevention, where applicable; and 5.1.5 if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, you have obtained these before we begin the Services. 5.2 If you fail to comply with any of your responsibilities outlined in clause 5.1 above, we will not be held liable for any delays as a result and we reserve the right to recover any costs we incur, such as for wasted visits to the Property.
6.1 We may require payment in advance for any initial site survey, before it can be arranged. Subject to clause 7, this is non-refundable, but will be deducted once full treatment is completed.
6.2 You may also be required to pay a deposit of 15% of the total quoted fee for the Services and/or to pay in advance prior to each visit. We will specify this in the Quotation, where applicable. We cannot schedule a date for the works to commence until any advance payments have been received in full.
6.3 All invoices are payable in full, within 30 days from the date of invoice, without setoff, withholding, deduction or retention.
6.4 We accept payment by bank transfer, debit card or cash. We cannot accept payment by credit card. All fees quoted are expressed inclusive of VAT, unless otherwise stated. In the case of cash, we can provide a written receipt on request.
6.5 Interest is payable on all overdue sums from the date payment was due until it is actually made, at the rate of 4% per annum above the Bank of England base rate from time to time. We also reserve the right to suspend any further Services and charge for costs associated with recovering late payments.
6.6 Any variation in the Services to be carried out must be agreed in writing before we can proceed. Any fee or price variation will become due for payment to us in accordance with the terms for payment above.
6.7 Our prices may change at any time but these changes will not affect valid Quotations or orders that we have already accepted.
7. Cooling Off Period - Consumers Only
7.1 If you are a Consumer, you have a statutory right to a cooling off period. This period begins once the Contract is formed and ends at the end of 14 calendar days after that date.
7.2 If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email using the contact details provided with the Quotation. You will meet the cancellation deadline as long as you have sent your cancellation notice before the 14 days have expired.
7.3 If you cancel within this period, you will receive a full refund of any amount paid to us under the Contract, using the same payment method you used unless you request otherwise. In any case, you will not incur any fees as a result of the refund.
7.4 If the date for the site survey or the start date for the works falls within the cooling off period, you must make an express request for the Services to begin within the 14 day cooling off period. By making such a request, you acknowledge and agree that: 7.4.1 If the site survey or any other Services are completed within the 14 day cooling off period, you will lose the right to cancel once those works are completed;
7.4.2 If you cancel the Contract after the site survey or any other Services have begun, you will remain liable to pay for the survey or any other Services supplied up until the point at which you inform us of your wish to cancel. We will therefore keep any payments made in advance for such works.
7.5 Clause 8 applies to cancellation of the Contract after the 14 calendar day cooling off period has elapsed, and to cancellation rights for business Clients.
8. Other Cancellation Rights
8.1 Either you or we may cancel this Contract at any time without liability by giving written notice, if we or you: 8.1.1 breach the Contract in a material way and fail to remedy the breach within 14 days of being asked to do so in writing (a breach is considered material if it is not minimal or trivial in its consequences to the cancelling party, regardless of whether it was caused by any accident, mishap, mistake or misunderstanding); or 8.1.2 go into bankruptcy, liquidation or administration, if a receiver is appointed, or if we cease, or threaten to cease, to carry on business.
8.2 We reserve the right to cancel the Contract at any time and will confirm this in writing. We also reserve the right to cancel the Contract if: 8.2.1 we or our representatives are subjected to threats of any kind, actual physical harm or any verbal abuse; or 8.2.2 we deem the Property and/or any parts of it that we may need to access to be unsafe for any reason.
8.3 If you or we cancel under this clause 8, you will only be required to pay for Services and equipment we have already provided up until the cancellation date. These sums will be deducted from any refund due to you or invoiced to you, depending on the amount paid at the date of the cancellation.
9. General Liability
9.1 Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
9.2 Subject to this clause 9, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
9.3 We accept no liability in respect of delays or damage due to causes beyond our reasonable control including, but not limited to, illness, power failure, industrial action, mechanical breakdown, civil unrest, fire, flood, adverse weather, earthquakes, pandemic or epidemic, acts of terrorism or war or governmental action.
9.4 We will not be held responsible for any harm, (including poisoning or physical injury), to any person, pets, (whether residing at the property, visiting or on any form of business), plants, vegetation, ponds etc., (this list is not inclusive), to the extent it is found that such harm was as a result of any equipment placed on the Property having been tampered with in any way.
9.5 We will not be liable to you for any indirect or consequential loss, loss of profit, loss of business or business opportunity or interruption to business.
9.6 Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation, where applicable. For more details of your legal rights, please refer to your local Citizensâ€™ Advice Bureau or Trading Standards Office.
10. Data Protection
10.2 Please note we may take photos whilst at the Property but such photos will not contain any personal data as defined in the GDPR.
11. Other Important Terms
11.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
11.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (or the Contract) without our express written permission.
11.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
11.4 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. This will not affect the validity and enforceability of the remaining parts of the Contract.
11.5 If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.
12. Governing Law and Jurisdiction: These Terms and Conditions and any Contract between us will be in accordance with the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.