1.1 “Smash”, “Smash’d Em” means Smash’d Em Pest Control 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 Smash’d Em.
1.3 “Services” shall mean all services, documentation, data and advice provided by Smash’d Em to the Customer.
1.4 “Price” shall mean the cost of the Services as agreed between Smash’d Em and the Customer and includes all disbursements.
2.1 Any instructions received by Smash’d Em Pest Control Ltd 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 Smash’d Em 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 Smash’d Em reasonable prior notice of such unavailability, then the Customer may be liable to pay the cancellation fee.
3.1 Cancellation of a booking on the day of the appointment will incur a $100.00 + GST booking fee.
3.2 Cancellation of a booking made the day prior to appointment but within 24 hours will incur a $50.00 + GST booking fee.
3.3 No fees are charged for booking cancellations made with more than 24 hours’ notice.
4. COLLECTION AND USE OF INFORMATION
4.1 The Customer authorises Smash’d Em to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s creditworthiness, enforcing any rights under this contract, or marketing any Services provided by Smash’d Em to any other party.
4.2 The Customer authorises Smash’d Em 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 which Services are supplied by Smash’d Em. This includes the deduction of any standing discounted prices at the time of the contract within the specifications of the discount offered.
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 Smash’d Em between the date of the contract and supply of the Services incl use of access equipment if required.
6.1 Payment for Services shall be made in full on the date of invoice (“the due date”) unless otherwise agreed.
6.2 Interest may be charged on any amount owing after the due date at the rate of 7.5% per annum above Smash’d Em Pest Control Ltds’ 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 Smash’d Em 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 instruments payment is seen in Smash’d Em Pest Control Ltds’ bank account.
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 Smash’d Em to the Customer (if any) until all amounts owing to Smash’d Em by the Customer are paid in full.
7.1 Where a quotation is given by Smash’d Em for Services:
7.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) 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 Smash’d Em 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 Smash’d Em 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 Smash’d Em, Smash’d Em’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 Smash’d Em shall not be liable for:
9.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Service by Smash’d Em 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 Smash’d Em to the Customer; and
9.2.2 The Customer shall indemnify Smash’d Em 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 Smash’d Em or otherwise, brought by any person in connection with any matter, act, omission, or error by Smash’d Em 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 Smash’d Em is deemed liable to the Customer, following and arising from the supply of Services by Smash’d Em to the Customer, then such liability is limited in its aggregate to $500.
10. COPYRIGHT AND INTELLECTUAL PROPERTY
10.1 Smash’d Em, owns and has copyright in all work, software, systems, solutions and documents produced by Smash’d Em 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 Smash’d Em.
11. CONSUMER GUARANTEES ACT
11.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Services from Smash’d Em 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 Smash’d Em 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 Smash’d Em the payment of any and all monies now or hereafter owed by the Customer to Smash’d Em and indemnify Smash’d Em 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 hereunder.
13.1 Smash’d Em 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 Smash’d Em 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 Smash’d Em has under this contract.
13.3 If any provision of this contract shall be invalid, void or illegal or unenforceable then the validity existence, legality and enforceability of all other provisions still stand.