1.1 “ACES” means ACES pest control trading as Stobart products ltd and shall include its agents, directors and employees.
1.2 “Customer” means the Customer, any person acting on behalf of and with the authority of the Customer, or any person being supplied with Services by ACES.
1.3 “Services” shall mean all services, documentation, data and advice provided by ACES to the Customer.
1.4 “Price” shall mean the cost of the Services as agreed between ACES and the Customer and shall include all disbursements.
2.1 Any instructions received by ACES from the Customer for the supply of Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
2.2 If ACES is unable to provide the Services to the Customer on the agreed date due to the Customer not being ready or available and the Customer has failed to give ACES reasonable prior notice of such unavailability, then the Customer will pay ACES a call out fee of $80.00 plus GST.
3.1 Cancellation of a booking on the day of appointment will incur a $80.00 + GST booking fee.
3.2 Cancellation of a booking made the day prior to appointment but within 24 hours will incur a $40.00 + GST booking fee.
3.3 No fees are charged for booking cancellations made with more than 24 hours notice.
3.4 Any expenses additional to the booking fees, (including debt collection agency fees), disbursements and legal costs (including legal costs on a solicitor-client basis) incurred by ACES in the enforcement of any rights contained in this contract shall be paid by the Customer.
4. COLLECTION AND USE OF INFORMATION
4.1 The Customer authorises ACES to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Services provided by ACES to any other party.
4.2 The Customer authorises ACES to disclose any information obtained to any person for the purposes set out in clause 3.1.
4.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
5.1 Where no price is stated in writing or agreed to orally the Services shall be deemed to be supplied at the current amount as such services are supplied by ACES at the time of the contract.
5.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Services that is beyond the control of ACES between the date of the contract and supply of the Services.
6.1 Payment for Services shall be made in full on the date of invoice (“the due date”) at the point of sale, unless otherwise agreed.
6.2 Interest may be charged on any amount owing after the due date at the rate of 5% per annum above ACES bank’s commercial overdraft interest rate.
6.3 Any expenses (including debt collection agency fees), disbursements and legal costs (including legal costs on a solicitor-client basis) incurred by ACES in the enforcement of any rights contained in this contract shall be paid by the Customer.
6.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
6.5 A deposit may be required.
6.6 The Customer shall not be entitled to the benefit of any express guarantee or warranty provided by ACES to the Customer (if any) until all amounts owing to ACES by the Customer are paid in full.
7.1 Where a quotation is given by ACES for Services:
7.1.1 Unless otherwise agreed the quotation shall be valid for thirty (60) days from the date of issue; and
7.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
7.1.3 ACES reserve the right to alter the quotation because of circumstances beyond its control.
7.2 Where Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Services.
8.1 Any claim relating to Services must be made within fourteen (14) days of completion of the Services.
9.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon ACES which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on ACES, ACES ‘s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
9.2 Except as otherwise provided by clause 8.1 ACES shall not be liable for:
9.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Services by ACES to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by ACES to the Customer; and
9.2.2 The Customer shall indemnify ACES against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of ACES or otherwise, brought by any person in connection with any matter, act, omission, or error by ACES its agents or employees in connection with the Services.
9.2.3 If contrary to the disclaimer or liability contained in these terms and conditions of trade ACES is deemed liable to the Customer, following and arising from the supply of Services by ACES to the Customer, then such liability is limited in its aggregate to $500.
10. COPYRIGHT AND INTELLECTUAL PROPERTY
10.1 ACES, owns and has copyright in all work, software, systems, solutions and documents produced by ACES in connection with the Services provided pursuant to this contract and the Customer may use the Services only if paid for in full and for the purpose for which they were intended and supplied by ACES.
11. CONSUMER GUARANTEES ACT
11.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Services from ACES for the purposes of a business in terms of section 2 and 43 of that Act.
12. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
12.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for ACES agreeing to supply Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to ACES the payment of any and all monies now or hereafter owed by the Customer to ACES and indemnify ACES against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due here under.
13.1 ACES shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
13.2 Failure by ACES to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations ACES has under this contract.
13.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability.
13.4 ACES silver bullet warranty is not applicable to apartments with adjoining corridors. These types of apartments are quoted on work and or services provided as quoted with no warranty. If further work is required a quote will be provided.
13.5 Stock returns. Customers may return purchased stock for a refund if the stock is un-opened and the packaging undamaged and the stock is in a condition that it can be re-sold. When stock is returned in an acceptable condition there is a restocking fee charge $60 + GST. When the customer returns stock courier fees/postage and packaging are at their cost.