Terms and Conditions
TERMS AND CONDITIONS
All bookings made in respect of services provided by Premier Environmental Ltd (PEL) are on the following Conditions which form the Supply of Services Contract between Premier Environmental Ltd and the Customer.
1. Your status
1.1 By placing an order with us (whether through our site, over the telephone or by any other means), you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old and you are resident in, and accessing our site from, the United Kingdom.
1.2 Throughout these terms and conditions "you" and "your" shall refer to the customer named either on the agreement form or invoice
2. The contract
2.1 After placing an order for treatment you will be informed of an appointment date and time. We understand that pest control appointments are urgent in nature so please note that if you want us to start work immediately then you have made a specific request to wave your 14-day cancellation period. You will still have a right to cancel but if you do cancel you will have to pay us an amount to cover work we have already completed see section 4. Your order constitutes a commitment to purchase a Service. We reserve the right not to attend appointments at our discretion.
2.2 The Contract will relate only to those Services that we have confirmed prior to treatment. We will not be obliged to supply any other Services that may have been part of your order until it has been confirmed in writing by us prior to treatment.
2.3 For the purpose of these conditions, the Relevant Pests shall be whichever pests are referred to in prior to treatment as detailed either on your agreement form or invoice
3. Price and payment
3.1 The price of the Service quoted excludes VAT. Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already treated.
3.2 Our prices may vary on a geographical basis and may be subject to change, but shall be agreed at the time of booking, subject to any adjustment in accordance with these terms due to circumstances that we were unaware of at the time of booking.
3.3 Subject to any contrary terms in this agreement, our Service prices include any re-call(s) that are, in our reasonable opinion, necessary and there will be no additional charges for such subsequent visits.
3.4 Payment for all Services must be made at the time of the first treatment.
4. Cancellations and refunds
4.1 If you are contracting as a consumer (as defined in the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended from time to time) and you cancel a booking within fourteen calendar days of making a booking but before we begin work on site you will not be charged. You do not have to give a reason for the cancellation. If we have started the the work and you have agreed to waiver your cancellation rights then the full invoice or contract price will be charged. These cancellation rights do not apply to business to business transactions.
4.2 Please note that you may be able to cancel the services in accordance with clause 4, however if you notify us of the cancellation after the work has started we may charge under clause 4.1, or at our discretion, if we have carried out 1 treatment we will charge you 40% of the total invoice to reflect the work carried out plus an administration charge of £40, after 2 treatments 80% of the total invoice plus £40 administration charge and if you notify us after we have finished the work, we will charge you the full invoice total, all plus vat. This is to reflect the costs we will have incurred by that time.
4.3 This provision does not affect your other statutory rights as a consumer. We will use reasonable endeavours to meet all agreed appointments, but in the rare circumstances where this is not possible, we will contact you as soon as possible to agree an alternative appointment. Examples of reasons where a cancellation may be necessary include (without limitation) (a) if the technician was running late as held up by previous complicated treatments, or (b) adverse weather conditions (as we cannot treat effectively in the rain), or (c) sudden operative sickness or, (d) vehicle accident or local traffic difficulties encountered.
4.4 If you are not present when we arrive on site, provided that this is within the agreed appointment slot, we shall treat the Contract as cancelled by you under clause 4.1, unless we have agreed in advance that you do not need to be there
4.5 If we have legitimate concerns over the safety of the treatment, where the husbandry is such that the treatment could be compromised or where we believe our safety rules may not be adhered to (and such decision shall be at our absolute discretion), then we shall treat the Contract as cancelled by us. There will be no charge for our visit. Reasons for non-treatment include (without limitation): (a) risk to aquatic life from contamination by application of insecticides; (b) un-boarded lofts which are deemed unsafe to negotiate; (c) uncovered water tanks near the habitat; (d) habitat located in chimney; (e) habitat entrance located on high roofs with no loft access that require multi stage ladders; (f) sites which cannot be safely treated by our technician, such as power lines close by or above a conservatory; or (g) any other legitimate relevant health and safety restriction.
4.6 We reserve the right to withdraw from any treatment we have started where we have concerns that continuing any treatment may not be safe, that customers have not adhered to our conditions or requirements or where customers have interfered with or moved our poisons or bait. In such cases full payment will be provided by you.
5.1 This clause sets out the entire financial liability of PEL (including any liability for the acts or omissions of its employees, agents, consultants and sub- contractors) to Customer under or in connection with this Agreement, whether arising in contract, tort, negligence and breach of statutory duty or otherwise.
5.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
5.3 Nothing in this Agreement shall exclude or limit the liability of PEL for death or personal injury resulting from negligence, or for fraud
5.4 Subject to clauses 5.2 and 5.3: (a) PEL shall have no liability for any loss of profits, loss of business, loss of anticipated savings, or for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, consequential or indirect loss or damage caused from the treatment (or omission to treat the habitat), damage caused by the Relevant Pests and (b) PEL’s total liability shall not exceed the Service Fee payable by Customer to PEL.
5.5 If we believe that it would be unsafe to carry out the treatment we shall not be liable for any consequential loss, whether direct or indirect, including the costs of paying an alternative contractor.
5.6 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982 or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
6.1 Rodents - our riddance treatments against rats and mice are guaranteed for 1 month following treatment. Our technicians will initially inspect the premises and advise of any remedial works that may be necessary to either exclude the rodents or further investigate how they may be entering the premises. PEL will not be liable for costs for any additional works or investigations that may be required, and will not be liable or guarantee treatments where remedial work isn't acted upon or where rodents could be entering from adjoining properties and where there is no access to determine this.
7.1 Should you have a reason to complain about our services or products supplied then in the first instance you should contact our office on 01254 386776 or 0161 210 2536 or by e-mail to [email protected]
Once we have received your complaint we will investigate it and contact you to get a resolution. If further visits are needed due to the failure of the treatment then this will be at no extra charge, if we are at fault.
7.2 Should you feel your complaint has not been dealt with effectively, you may also refer your complaint to Trading Standards (www.tradingstandards.gov.uk), the British Pest Control Association (www.bpca.org.uk) or the relevant local authority, but we recommend that this is only done once you have exhausted the above process with us first.
8. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.1 Customer may not assign or transfer this Agreement or any of its rights under this Agreement without PEL’s prior written consent. PEL may assign or transfer this Agreement to any wholly owned subsidiary of PEL and may carry out some or all of its obligations under this Agreement through any third party sub-contractors.
10.2 This Agreement constitutes the entire agreement between the Parties with regard to its subject matter and supersedes and replaces any prior arrangement, understanding or statement between them relating to it. The Customer acknowledges that, in entering this Agreement, it does not rely on any statement, representation, assurance or warranty of any person (whether a Party or not) other than as expressly set out in this Agreement. However nothing in this clause shall limit or exclude any liability for fraud or fraudulent misrepresentation.
10.3 No variation to this Agreement shall be valid unless in writing and signed by or on behalf of both Parties.
10.4 Nothing in this Agreement shall constitute or be deemed to constitute a partnership between the Parties and neither Party shall have any authority to bind the other in any way.
10.5 No failure or delay by PEL to exercise any right under this Agreement shall be deemed to be a waiver of that right, nor preclude the exercise or enforcement of it at any later time.
10.6 If any provision of this Agreement shall be held to be illegal or unenforceable, the enforceability of the remainder of this Agreement shall not be affected.
10.7 A person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
10.8 This Agreement (including without limitation non-contractual disputes or claims relating to this Agreement) shall be governed by and construed in accordance with English law and by entering into this Agreement each Party irrevocably submits to the exclusive jurisdiction of the English Courts.
11. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).