Terms and Conditions

“Company” refers to CU Pest Control Pty Ltd, ABN 14 619 203 977 or The People Power Group trading as CU Pest Control ABN 93 344 616 541.

“Client”, or “you” refers to the person or persons requesting Pest Control services by The Company.

“Technician” refers to an employee or contractor working under The Company.

Please note: a different set of Terms and Conditions apply to Commercial Clients. For Commercial clients please scroll through below.

Residential Clients:

Section One: Scope of Services

  • The Company will examine the contracted property and locate areas of critical pest activity. The Company will treat areas of pest infestation and surrounding common areas that show signs of a potential threat.

  • The Company will perform the service specified as follows:

                                 i.     General Pest Control

                               ii.     Specific treatment for the species ticked in this report

  • In the event of re-infestation within the warranty period (3 months), the Company will book for additional treatment as necessary, a $50 top up fee may apply for medium and high infestation properties. Re-servicing does not reset the warranty period.

  • In order for any service to take place, services must be paid for in full on the day of service. No further services will be carried out until the payment has been received in full. Failure to pay may result in debt collection activity.

  • The Company holds the rights to refuse services in accordance with the anti-discrimination law. Example, services may be refused for clients who are aggressive or intoxicated.

Section Two: Environmental, Health & Safety Clauses

  • The Company shall endeavour to minimise the negative impact of the pest control services on the environment.

  • The Company shall make every endeavour to safeguard health and safety of people and animals in the property against any perils of using pesticides and nationally recognised methods of treatment appropriate to the severity of infestation or threat of infestation. 

  • The Company shall provide the Client with a list of pesticides which will be used in the course of carrying out the pest control services. 

  • All pesticides that will be used by the Company in the property must be stored in a container(s) that is impervious to that pesticide and sufficiently strong to prevent leakage arising from the ordinary risks of handling and transport. Any containers brought into the property under treatment must have a label on the container(s) setting forth, clearly and distinctly the following particulars in English.

                               i.          the word “Poison”,

                             ii.          the expression “Keep out of reach of children”

 

 

Section Three: The Company’s responsibilities

  • The Company shall perform the required service(s).

  • The Company shall ensure that Technicians who apply pesticides in the property, must be sufficiently trained to carry out the pest control services correctly and safely.

  • The Company shall provide all necessary tools, applicators, device, equipment and supplies for the performance of its services. Such tools, applicators, device, equipment and supplies must be at all times kept in good working order.

  • The Company shall take reasonable care to avoid damage to the property during quotation and service. If damage does occur, the Client cannot hold the Company liable for any injury, damages or death as a result of the service.

 

Section Four: The Client’s responsibilities

  • The Client will organise adequate and safe access to the property before the service arrives. This is to ensure the service is completed in a timely manner. Failure to provide adequate access may also result in the warranty being voided.

  • The Client will ensure they advise the Company and its technicians of any relevant medical conditions that can be triggered by the treatment. Failure to provide this information will result in the Company assuming the Client accepts the risk and waives the right to any claims against the Company.

  • The Client agrees to indemnify the Company against any loss, claim or proceeding whatsoever, arising out of any statutory regulations, legislation or at common law in respect of injury to or death of any person or animal resulting from application of pesticides by the Company, its employees, servants or workers whether or not due to negligence.

  • The Client will indemnify the Company from and against any liabilities suffered by the Client arising out of the performance of the service.

  • The Client will ensure that it follows all steps as instructed by the Company as noted in their service report (clients prior to 15/07/2019 were given verbal instructions). Failure to do so can result in re-infestation leading to a top up or re-service being needed.

  • The Client agrees that they are personally liable for any debts owing.

Commercial Clients:

Section One: Scope of Services

  • The Company will examine the contracted property and locate areas of critical pest activity. The Company will treat areas of pest infestation and surrounding common areas that show signs of a potential threat.

  • The Client is eligible for the number of services listed in the contract. If the client requests more services than contracted they will need to pay the service excess which is the cost of each single service.

  • The Company will perform the service specified as follows:

                                 i.     General Pest Control

                               ii.     Regular Inspections on a quarterly basis

                              iii.     Service reports in accordance with council requirements

                              iv.     Other: (will be specified in contract)

  • The following exclusions apply to the service unless included in the agreed services:

                                 i.     Maggots

                               ii.     Fruit flies

                              iii.     House flies

                              iv.     Mosquitoes

                               v.     Wasps

                              vi.     Bees

                            vii.     Rodents

                           viii.     Possums

                              ix.     Termites

  • In the event of re-infestation within the service period, the Company will book for additional treatment as necessary at no extra cost (within reason, at the discretion of the Company).

  • In order for any service to be taken place, services must be paid for in full prior to the second scheduled service.

 

Section Two: Environmental, Health & Safety Clauses

  • The Company shall endeavour to minimise the negative impact of the pest control services on the environment.

  • The Company shall make every endeavour to safeguard health and safety of people and animals in the Property against any perils of using pesticides and nationally recognised methods of treatment appropriate to the severity of infestation or threat of infestation. 

  • The Contractor shall make every endeavour to minimise using pesticides when carrying out pest control services under this Contract.

  • The Company shall provide the Owner/Manager with a list of pesticides which will be used in the course of carrying out the pest control services. 

  • The Company shall provide the Owner/Manager with “material safety data sheets” in respect to all pesticides which will be used. The data sheets must clearly specify the material data including:

                               i.          “Identification of the supplier / manufacturer”,

                             ii.          “Composition / information of ingredients”,

                            iii.          “Identification of hazards”,

                            iv.          “First-aid instruction”,

                             v.          “Fire fighting measures”,

                            vi.          “Accident release measures”,

                          vii.          “Handling and storage procedures”,

                         viii.          “Exposure control / personal protection measures”,

                            ix.          “Physical and chemical properties”,

                             x.          “Stability and reactivity”,

                            xi.          “Toxicological data”,

                          xii.          “Ecological information”,

                         xiii.          “Disposal considerations”,

                         xiv.          “Regulatory information”

 

  • All pesticides that will be used by the Company must have been registered in accordance with APVMA- (Australian Pesticide and Veterinary Medicines Authority).

  • All pesticides that will be used by the Company in the Property must be stored in a container(s) that is impervious to that pesticide and sufficiently strong to prevent leakage arising from the ordinary risks of handling and transport. There must be a label on the container(s) setting forth, clearly and distinctly the following particulars in English.

                               i.          the word “Poison”,

                             ii.          the expression “Keep out of reach of children”

  • The Contractor shall ensure that Technicians who apply pesticides in the Property, must be sufficiently trained to carry out the pest control services correctly and safely.

 

Section Three: Other Terms

  • The Company shall be fully responsible for arranging adequate insurance cover for all risks arising out of performance of its services under this Contract. Such insurance cover shall include:

                                 i.        Public Liability

                               ii.        Work cover

  • In the event of any Technician suffering personal injury or death and whether there is a claim for compensation or not, the Company shall without delay notify the Owner/Manager in writing of such personal injury or death.

  • The Company shall provide all necessary tools, applicators, device, equipment and supplies for the performance of its services under this Contract. Such tools, applicators, device, equipment and supplies must be at all times kept in good working order.

  • The Client agrees to indemnify the Company against any loss, claim or proceeding whatsoever, arising out of any statutory regulations, legislation or at common law in respect of injury to or death of any person or animal resulting from application of pesticides by the Company, its employees, servants or workers whether or not due to negligence.

  • The Client will indemnify the Company from and against any liabilities suffered by the Client arising out of the performance of the contract.

  • With respect to any fines or financial penalties, the Client agrees not to hold the Company liable for any fine or financial penalty imposed by any government agency.

Section Four: Conditions

  • The Client will ensure that it follows all steps as instructed by the Company as noted in the Service Report. Failure to do so can result in additional costs e.g. maintaining cleanliness in the premises.

  • Both parties reserve the right during the Contract period to terminate the Contract by giving each other at least one month’s written notice.

  • The contract will not be seen as terminated until all debts are cleared.

  • The Client (and Business owner) agrees that they are personally liable for any debts owing, irrespective of whether the business becomes insolvent, sold, transferred, change of management or ceased operation.