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Fumigation Terms and Conditions Propse
1.1 The following terms are described as such throughout this Contract:
a. "Customer" means either the person, company or other entity identified in the Customer Information, or it means the party with which Rentokil contracts to perform the Services requested.
b. "Customer Information" means the information that is filled in to provide the Rentokil with the requisite information to carry out the Services.
c. "Fumigant" means the chemical(s) that are named in the Customer Information, or it means the chemical(s) that are used or to be used to perform the Services which are specified by the Customer or identified by Rentokil.
d. "Rentokil" means Rentokil Initial (M) Sdn Bhd.
e. "Subject" means the property referred to in the Customer Information.
1.2 Rentokil will provide the fumigation services (the “Services”) described in the attached customer services Contract (the “Customer Services Contract”) to the company, firm or individual named in the Customer Services Contract (the "Customer") in accordance with these General Terms and Conditions.
1.3 All quotations, orders and requests for and relating to the Services are subject to these General Terms and Conditions and are accepted and executed by Rentokil on the understanding that the Customer is bound by these General Terms and Conditions.
1.4 References to "this Contract" means the Customer Services Contract, these General Terms and Conditions and if applicable the Special Terms and Conditions. "Terms" unless otherwise defined shall mean the General Terms and Conditions, Special Terms and Conditions and all other terms and conditions contained in the Customer Services Contract.
2.1 Where the Services are to be performed at the Customer's premises or a third parties premises, the Customer shall ensure that;
a. access is granted for Rentokil’s representatives to perform the Services at any reasonable time, or at a time specified in the Customer Services Contract; and
b. all utilities that Rentokil may reasonably require to perform the Services are provided at the relevant location.
2.2 Rentokil reserves the right to make a charge at the normal hourly rate for any wasted journey due to the Customer’s failure to observe an appointment or due to the Customer’s failure to enable or allow access to Rentokil so that it can perform the Services.
2.3 Where the Services are to be performed at Rentokil’s premises, the Customer is responsible for and bears all risk associated with the transport of the Subject and any associated goods and/or artefacts to Rentokil’s premises.
2.4 The Customer acknowledges that the Services performed by Rentokil target the mortality of all stages of the targeted pest, but that factors beyond the control of Rentokil could cause less than 100% eradication. Furthermore the customer recognises that the eradication of a pest does not mean that there will be no further infestations in the future.
2.5 Rentokil will endeavour to provide the Services at the time agreed with the Customer, but will not be liable for its failure to do so.
2.6 The Customer is responsible for providing sufficient information to Rentokil regarding the Subject to enable Rentokil to determine whether fumigation is suitable or appropriate for the Subject and the Customer’s particular set of circumstances.
2.7 The Customer must notify Rentokil if the Subject exceeds RM1.25million in value.
3. PRICE FOR SERVICES
3.1 The price payable by the Customer for the Services is as specified in the Customer Services Contract (the “Price”).
3.2 The Price is based on the level of service to be provided. If Rentokil agrees to accept a reduction or cancellation of any part of the Services to be provided, Rentokil reserves the right to make an appropriate adjustment to the Price upon notice to the Customer.
3.3 The Price, unless otherwise stated, excludes any amount payable in respect of Value Added Tax or any applicable goods and services tax which will be paid by the Customer in addition to the Price.
3.4 All charges payable by the Customer pursuant to this Contract, unless otherwise stated, excludes any amount payable in respect of Goods and Services Tax (GST) and other applicable taxes, which is payable by the Customer in addition to the charges payable hereunder.
4.1 Unless, otherwise agreed between Rentokil and the Customer, the Price for the Services is to be paid in full no later than 30 days following the date of the invoice issued by Rentokil in respect of the Services.
4.2 If full payment for the Services is not received by the due date for payment, default interest on any amount outstanding may be charged by Rentokil at a rate equal to 1% above Rentokil’s bankers commercial overdraft rate for the period from the due date for payment until the date when all monies, including default interest have been paid in full. All payments shall be applied first in payment of any arrears and/default interest (if any).
4.3. Rentokil reserves the right to require payment for the Services in cash before the Services are provided. If payment is made by cheque or by any type of bank transfer, then payment will not be considered to have been made until such time as the relevant amount has been fully cleared through the banking system into Rentokil’s bank account.
4.4 The Customer may not deduct or withhold any payment (whether by way of set off, counterclaim or otherwise) from any money owing to Rentokil.
5.1 Rentokil shall have the right without prejudice to any other right or action, to terminate this Contract immediately if:
(a) the Customer fails to observe and perform any of the terms of this Contract;
(b) the Customer fails to correct any notified breach of this Contract within a period 12 days from the date of such notification;
(c) the Customer is adjudged insolvent or bankrupt or is unable to pay its debts as they fall due, or if the Customer takes any step to enter into any arrangement with its creditors or to appoint a receiver, manager, trustee in bankruptcy, liquidator, administrator or any other such person with regard to the Customer’s business and/or assets;
(d) if the Customer ceases to carry on business or any step is taken by a mortgagee to enter into possession or dispose of the whole or any part of the Customer’s assets or business; or
(e) if credit references relating to the Customer are obtained which are unsatisfactory to Rentokil.
5.2 ;The Customer may terminate this Contract by delivering to Rentokil 7 days written notice in advance prior to the commencement of the Services if they pay 25% of the Price agreed. Termination with less that 7days written notice in advance will be charged in full unless otherwise agreed to in writing by Rentokil.
6. LIMITATION OF LIABILITY
6.1 Nothing in this Contract affects the statutory right of the Customer. Subject thereto, all liability of Rentokil to the Customer or to any other person, whether in contract or tort (including negligence) under statute or otherwise is expressly excluded to the fullest extent permitted by law. Rentokil shall under no circumstances have any liability for loss of profit, business interruption, third party claims, consequential losses or any other direct or
6.2 indirect losses or damage whatsoever arising out of the provision of the Services.
6.3 The Customer is under a duty to mitigate any damage which arises out of any liability attributable to Rentokil, and where the Customer was capable of mitigating any such loss, Rentokil shall not be liable for any value in excess of that which would be payable, subject to the restrictions found in this clause 6, if the Customer had taken steps to mitigate the damage.
6.4 Insofar as Rentokil may be liable, notwithstanding clause 6.1 and 6.2, the total liability of Rentokil for any loss, damage or injury arising directly or indirectly from any breach of Rentokil’s obligations under this Contract or otherwise is limited to:
(a) personal injury or death which is a direct result of Rentokil’s negligence in the course of performing the Services;
(b) physical damage or loss to the Subject or any other property belonging to or in the possession of the Customer which is the direct result of Rentokil’s negligence in performing the Services up to a limit or RM1.25million for any one occurrence or series of occurrences arising out of one event.
6.5 The Customer shall not be entitled to make any claim against Rentokil unless it gives Rentokil written notice containing sufficient information for it to be identified and investigated by Rentokil within 28 days of the date on which the Customer becomes or ought reasonably to have become aware of the occurrence of the event giving rise to such claim and provided further that the Price and all other charges for the Services shall have been paid in full to Rentokil.
6.6 Any offer by Rentokil to remedy any damage caused shall be treated as a goodwill gesture and shall not amount to an admission in law of any liability in relation to any damage caused.
7. HEALTH AND SAFETY
7.1 The Customer will take all steps to ensure that the advice and instructions given by Rentokil to protect the health and safety of persons present at the location where the Services are to be performed are followed both during and after the provision of the Services.
7.2 The Customer agrees to advise Rentokil of any hazards they may encounter whilst working at the Customer’s premises.
8. FORCE MAJEURE
8.1 Rentokil shall not be liable for any delay in performing the Services, nor liable for any failure to provide the Services in circumstances where this is due to any cause beyond Rentokil’s reasonable control.
9.1 If the Service is to be carried out on Rentokil’s property then the Customer is responsible for any risks associated with the transport of the Subject and any associated goods and/or artefacts to and from Rentokil’s property. Whilst the Subject is on Rentokil’s property reasonable endeavours will be taken by Rentokil to protect the Subject, but Rentokil shall not be liable for any loss, damage, theft or other action arising from the actions of a third party.
10.1 No variation, extension, exclusion or cancellation of this Contract shall be binding (unless terminated in accordance with these General Terms and Conditions) unless it is confirmed in writing by Rentokil.
11.1 This Contract shall be subject to and shall be construed in accordance with the laws of Malaysia and Rentokil and the Customer submit to the exclusive jurisdiction of the Courts of Malaysia in relation to any dispute which may arise concerning this Contract.
SPECIAL TERMS AND CONDITIONS APPLICABLE FOR FUMIGATION BY METHYL BROMIDE AND/OR PHOSPHINE
1.1 Any fumigation undertaken by Rentokil using either Methyl Bromide and/or Phosphine is subject to these Special Terms and Conditions in addition to the General Terms and Conditions and Rentokil performs such fumigation on the understanding that the Customer agrees to and is bound by these Special Terms and Conditions.
2. CUSTOMER NOTIFICATION
2.1 umigation by Methyl Bromide and/or Phosphine is not suitable for and may permanently damage certain materials and commodities.
2.2 It is the Customer’s responsibility to notify Rentokil whether the item or object to be fumigated comprises or contains any of the following:
(a) In the case of fumigation by Methyl Bromide:
(i) Foodstuffs of any kind;
(ii) Cigarettes and cigars;
(iii) Woollens, leather goods, natural fur or feathers;
(vi) Cinder or charcoal;
(vii) Sponge or foam;
(ix) Soaps and soap powder;
(xi) Bone meal
(xii) Photographic chemicals;
(xiii) Artificial and synthetic fabrics;
(xiv) Plants, growing bulbs, seeds and nursery stock;
(xv) Oil Paintings;
(xvi) Artefacts, works of art;
(xvii) Animal trophies; and
(a) In the case of Phosphine:
(ii) Copper containing materials such as brass, wires, cables and electrical switches;
(iii) Computers, machinery, electronic systems, motors;
(vi) Any materials, clothing or tapestries with a copper, silver or gold thread.
3. Notwithstanding clause 6 of the General Terms and Conditions, Rentokil does not accept any liability whatsoever for any loss or damage which is caused to any item or object which comprises of or contains the products set out in clause 2.2 of these Special Terms and Conditions.