Terms & Conditions
1. Contrac2Kill Ltd agrees to provide the pest management services at the price and frequency specified in the Service Schedule.
2. The price specified is for the control of the pest species shown in the schedule only. Any work that is required outside the parameters of this agreement will performed separately and charged at an agreed rate.
3. The term of this agreement shall be 24 months from the start date above. After this 2 year term it will automatically continue unless three months notice of termination is received in writing.
4. Service equipment shall remain the property of Contrac2Kill Ltd. The client shall take all reasonable care of and insure the equipment against all risk. If any equipment is vandalized or damaged and require replacement the client may be liable for replacement costs.
5. In signing this agreement the signatory acknowledge their acceptance of the Agreement and Terms of Trade on the back of this agreement and that they have the authority to sign this agreement on behalf of the client.
6. The signatory to this agreement do hereby jointly and severally guarantee payment of the clients account to Contrac2Kill Ltd.
8. This agreement contains the terms of the agreement between the parties hereto and, except for liability for laws which cannot be excluded all other terms, conditions, warranties and liabilities (including liability for negligence) which might have been implied or have any application are hereby expressively excluded.
The guarantees implied by the Consumer Guarantees Act 1993 are expressly excluded where the Client is or holds itself out to be acquiring equipment or services for the purposes of a business.
Terms of Trade
All goods and services are given subject to the Terms of Trade endorsed hereafter.
If any instruction is received by Contrac2Kill from the Client for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Client, the terms and conditions are definitive and binding.
The Price shall be as indicated on invoices provided by Contrac2Kill Ltd to the Client in respect of products and/ or services supplied.
Payment, Late Payment, Default of Payment and Consequences of Default of Payment
Subject to any provision to the contrary in the Agreement, payment shall be received within seven days following the date of Contrac2Kill Ltd’s invoice to the Client, which shall be issued promptly on or after delivery of the goods.
Late payment shall incur interest at the rate of 15% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Agreement from the date payment was due until the date payment is received by Contrac2Kill Ltd, but without prejudice to Contrac2Kill Ltd’s other rights or remedies in respect of the Client’s default in failing to make payment on the due date.
Without prejudice to any other remedies Contrac2Kill Ltd may have, if at any time the Client is in breach of any obligation (including those relating to payment), Contrac2Kill Ltd may suspend or terminate the supply of Services to the Client and any of its other obligations under the terms and conditions. Contrac2Kill Ltd will not be liable to the Client for any loss or damage the Client suffers because Contrac2Kill Ltd exercised its rights under this clause.
In the event that any money payable to Contrac2Kill Ltd becomes overdue, or in Contrac2Kill Ltd’s opinion the Client will be unable to meet its payments as they fall due; or
the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client; then without prejudice to Contrac2Kill Ltd’s other remedies at law
Contrac2Kill Ltd shall be entitled to cancel all or any part of any order of the Client that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to Contrac2Kill Ltd shall, whether or not due for payment, immediately become payable.
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade. Where services are supplied to business customers the parties agree that the provisions of the Consumer Guarantees Act 1993 shall not apply.
Dispute Resolution: Contrac2Kill Ltd will endeavor to resolve any dispute between the Client and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
Contrac2Kill Ltd warrants that it will make good any defects in goods and services, if written notice of the claim is received by Contrac2Kill Ltd within the stated service warranty period. No claim shall be accepted under such warranty if the claim is in relation to services not specified in this agreement or for defects that occur outside of the control and reasonable care of Contrac2Kill.