The following terms are described as such throughout this Contract:
"Contract" means this Contract and any schedules or appendix annexed herein.
"Customer" means either the person, company or other entity identified in the Customer Information, or it means the party with which RI contracts to complete the services requested.
"Customer Information" means the appendix annexed herein containing information of the Customer (required for RI to carry out the Services), the type of Services, the term of this Contract and other relevant information.
"RI" means Rentokil Initial (M) Sdn Bhd.
"Services" means the type of services provided by RI to the Customer pursuant to this Contract.
"Subject" means the property referred to in the Customer Information.
RI shall carry out the Services as specified. The Customer shall:
provide access for RI's representatives to carry out its services at on working hours (8.30am to 6p.m) excluding weekend and public holiday. Any services required during weekend or public holiday, RI allows to make a charge.
provide all facilities at the premises that RI may reasonably require to carry out the services.
in the event of service schedule is made unless specifically mention on reschedule service within 24hours prior to service schedule due, RI does not charge for the reschedule.
any reschedule received or any waste journeys due to failure to observe an appointment, unreasonable delays in carrying out the work or cancellations as a result of the Customer’s failure to allow access, or provide proper instruction will be treated as rendered, unless otherwise specified mention.
agree if the Service is to be carried out on Rl’s property, customer is responsible for any risks associated with the transport of the Subject and any associated goods and/or artefacts to and from RI’s property. Whilst the Subject is on Rentokil’s property reasonable endeavours will be taken by Rl to protect the Subject, but Rl shall not be liable for any loss, damage, theft or other action arising from the actions of a third party.
The Customer shall acknowledge that the Services performed by RI target the mortality of the targeted pest , but that factors beyond the control of RI 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. RI provides warranty limited to retreatment to the infested part of the premise effective from the date of commencement of Service subject to the terms and conditions appearing herein and provided that full payment for the Services had been made to RI.
All charges (i.e. the Contract Price) shall be paid by the Customer in advance on execution of this Contract unless otherwise agreed in writing by RI. Full payments are due on or before the first (1st) day of each contract term and shall be paid by the Customer within thirty (30) days from the date of RI’s invoice. If default shall be made by the Customer in the payment of any of the fees or charges agreed to be paid by him, this Contract shall thereupon absolutely cease and determine but such determination of this Contract shall not affect the right of RI to recover from the Customer any moneys due to RI at the date of such determination or to recover damages in respect of any breach by the Customer of the terms of this Contract. Further, RI shall be entitled to charge the Customer interest on all overdue payments at the rate of one per centum (1%) per month.
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.
In the event that the installed units are dismantled from the Customer’s premises without the prior written consent of RI or is/are lost or damaged during the period of the Contract, RI reserves the right to charge the Customer for the missing or damaged units at a cost in accordance with the retail price of good units as may be determined by RI.
The Contract will not apply to timbers concealed or inaccessible to visual examination.
Should reinfestation occur, damage may be caused but it is acknowledged by the Customer that under this Contract, RI shall not be held responsible for reporting on existing damage or any replacement which may be or become necessary as a result of the activity of the pest concerned but that such responsibility is limited strictly to carrying out the treatment for control of the pest concerned by the approved methods.
The Customer may not assign this Contract without the prior written consent of RI. No variation, extension, exclusion or cancellation of this Contract shall be binding (unless terminated in accordance with these terms) unless it is confirmed in writing by an authorised officer of RI.
No special arrangements or conditions shall be acceptable unless confirmation is given in writing by RI.
RI’s personnel shall exercise all reasonable skill, care and diligence in the discharge of the duties hereby covenanted to be performed but shall not be liable for any injury, loss or damage caused to the Customer’s premises or the contents thereof unless such claims for injury, loss or damage is shown to have been caused directly by the sole negligence of RI or any of its servants or agents.
The Customer will take all reasonable steps to ensure that advice and instructions given by RI to protect the health and safety of persons using the premises during and after the provision of the services are followed.
RI shall be relieved of all obligations whatsoever in the event of force majeure or Act of God or other events that are unforeseeable and/or beyond its control preventing prompt or part or total fulfilment of such obligations. RI shall not be liable for any indirect, incidental or consequential damages arising out of or in connection with the services under this Contract. In any event, the total extent of RI's liability (if any) hereunder shall not, regardless of the form of action, whether in contract, tort or negligence, exceed the amount of the charges actually paid by the Customer for the current year.
Upon expiry or termination of this Contract, the Customer shall allow RI to enter its premises to remove all units and the installation attachments from the Customer's premises and the Customer shall make good at its own expense any resultant damage and RI shall henceforth have no further liability whatsoever to the Customer or any other party.
RI shall have the right without prejudice to any other right or action, to terminate this Contract immediately if the Customer:
fails to observe and perform any of the terms of this Contract;
fails to correct any notified breach of this Contract within a period 12 days from the date of such notification;
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;
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
credit references relating to the Customer are obtained which are unsatisfactory to Rentokil.
The Customer may terminate this Contract by delivering to RI 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 7 days written notice in advance will be charged in full unless otherwise agreed to in writing by Rl.
Each party undertakes that:
neither it nor any party acting on its behalf has offered, given, requested or accepted any undue financial or other advantage of any kind in any way connected with the entering of this Contract;
it shall throughout the course of this Contract comply with, and take reasonable measures to ensure that any other parties acting on its behalf comply with, all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption (‘Relevant Requirements’);
it has and shall maintain in place throughout the term of this Contract its own policies and procedures to ensure compliance with Relevant Requirements and will enforce them where appropriate;
it shall immediately report to the other party any offer, request or demand for any undue financial or other advantage of any kind received from the other party or any party acting on its behalf in connection with the performance of this Contract; and
unless apparent at the commencement of this Contract (for example where the Customer is a public organisation), it shall immediately notify the other party (in writing) if a public official becomes its officer or employee or acquires a direct or indirect interest in that party.
RI shall be entitled to terminate this Contract forthwith upon written notice to the Customer without any liability to the Customer in the event that RI has any reasonable grounds to believe that the Customer has breached any of the provisions of the above clause.
RI has the right to amend the terms and conditions and it needs to refer to the updated and revised version on RI website (www.rentokil.com.my/terms-and-conditions).
Any termite related job undertaken by RI is subject to clause 20 in addition to the General Terms and Conditions and RI performs such termite Service on the understanding that the Customer agrees to and is bound by clause 20.
The Contract shall be valid for the fixed term specified in the Schedule herein. This Contract shall not be terminated by the Customer before the expiry of the fixed term. All scheduled services are valid within the service warranty period and any incomplete inspections/ maintenance visit will be deemed forfeited upon expiry of the Service Warranty. Where the service warranty is extended by way of a renewal, the incomplete visits from the previous period will not be carried forward to the new period.
The Contract is a limited contract and shall not be interpreted as a guarantee against current or future termite activity in or surrounding the Service Area. RI is not responsible for any repairs of either visible damage or hidden damage existing as of the date of this Contract because damage might be present in areas which are inaccessible to visual inspection, Rl does not guarantee that damage disclosed on the Termite Site Evaluation and Service Proposal represents all the existing damage as of the date of this Contract. Unless specified on the front of this Contract, RI assumes no responsibility for any past, present or future damage to structures or other contents associated with the Service Area, nor does it provide for costs or expenses incurred by the Customer as a result of any such activity and/or damage.
It is understood that all components of the monitoring & baiting program remain under the stewardship of Rl and the Customer has no rights to any of the components other than the right to their use as installed by RI at the Service Area described. Upon expiration or termination of this Agreement by Rl/Customer, Rl or its representatives are irrevocably authorized by the Customer to retrieve any and all components from the Customer’s property. RI assumes no responsibility or compensation for soil replacement filling of holes or other aesthetic or landscaping disruptions caused by removal of components should termination of services occur.