Terms and Conditions
These Terms and Conditions apply to all Services provided by us, RCA Pest Services Ltd t/a Pest Solutions (“Pest Solutions”), a company registered in Scotland under number SC504612, whose registered address is at Upper Floor, Unit 1, 82 Muir Street, Hamilton, Lanarkshire, Scotland, ML3 6BJ (“we/us/our”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Client/you/your” means the Consumer purchasing the Services;
“Consumer” is as defined by the Consumer Rights Act 2015;
“Contract” means the contract formed as set out in clause 2;
“Property” means any premises at which our Services are to be provided;
“Quotation” means our written or verbal price given to you for the Services to be provided, which unless otherwise specified, remains open for acceptance for a period of 30 days and sets out our entire scope of works; and
“Services” means the pest control services to be provided by us to you.
1.2 Each reference to “writing” and “written” includes e-mail.
2. The Contract
2.1 We will provide you with a Quotation for the Services. Your acceptance (including by e-mail) of our Quotation will form a legally binding Contract between you and us, which includes the acceptance of these Terms and Conditions.
2.2 Our Quotation is based on the information provided to us at the time we prepare it. If we attend the Property and find additional works are required other than those for which have quoted, we will contact you to obtain your permission to carry out the additional Services and will agree a price for these.
3. The Services
3.1 We will carry out our Services with reasonable care and skill, in accordance with our accepted Quotation and in accordance with best trade practice.
3.2 Any programme dates we agree are to be treated as an estimate only and unless otherwise agreed in writing, we will have no obligation to complete our Services by a specified date.
3.3 Treated areas must be left to dry completely before being accessed.
3.4 We will issue you with any relevant health and safety information and COSHH or other data sheets relating to any chemicals we have used. You must read this information and comply with any procedures contained in them. Should any person come into contact with any chemical(s) we have used, we recommend they follow the instructions given and seek medical attention where necessary.
3.5 We will endeavour to remove any pests that have been treated but we cannot be held responsible for unwanted effects from those in inaccessible areas.
3.6 Any equipment (such as bait stations) we may place or leave at the Property will at all times (unless specifically itemised and paid for by you) belong to us. If any of our equipment is removed, damaged, lost or stolen, you will be responsible for paying the cost of its replacement.
3.7 We will do what we reasonably can to obtain your signature to confirm that we have visited your premises, however where this is not possible we will mark the service record “not available to sign”. You must tell us about any complaint you may have in connection with a service visit no later than 30 days after that visit otherwise we will be entitled to assume that you are satisfied with what we have done during that visit.
4. Your Responsibilities
4.1 You are responsible for ensuring:
4.1.1 the Property is suitable for our Services to be carried out (for example, if flooring is to be treated, it must be in reasonable condition or it may suffer minor damage as a result);
4.1.2 we can access the Property (and neighbouring land, where necessary) to provide the Services on the agreed dates and at the agreed times. We need a minimum of 3 working days’ notice if we will not be required to provide our Services on the agreed day and in this event, we will not charge for the cancelled visit;
4.1.3 you comply with our recommendations and advice, including regarding prevention, where applicable; and
4.1.4 that if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, you have obtained these before we begin the Services.
4.2 If you fail to comply with any of your responsibilities outlined in clause 4.1 above, we will not be held liable for any delays as a result and we reserve the right to recover any costs we incur, such as for wasted visits to the Property.
5.1 All invoices are payable in full, within 30 days from the date of invoice, without set-off, withholding, deduction or retention. We accept payment by direct debit, bacs transfer, credit/debit card, cheque, or cash. All fees are expressed exclusive of VAT where applicable.5.2 You also agree that we shall be entitled to increase the charges on 28 days prior written notice to you:
5.2.1 at any time after the end of the first year provided we do not increase the charges more than once in any year under this paragraph 5.2.1; and
5.2.2 where our operating costs have increased due to reasons outside our control such as:
5.2.3 increases to the cost of fuel, utility services, the cost of necessary capital equipment or any other materials we use to provide the Services;
5.2.4 any change to or the introduction of any tax or levy imposed on us by any government agency or other similar group (but not any tax on our profits);
5.2.5 any statutory increase to our labour costs, for example, a statutory increase to our employee’s entitlement to paid leave; and
5.2.6 the addition of, or any increase to, the costs or charges of any other person we have to pay in connection with the Service.
5.3 We reserve the right to request payment in full or in part upfront before the Services commence. We will notify you of this within our Quotation.
5.4 Payment of invoices shall not be conditional on purchase order numbers or similar having been allocated or provided.
5.5 Interest is payable on all overdue sums from the date payment was due until it is actually made, at the rate of 4% per annum above the Bank of England base rate from time to time. We also reserve the right to suspend any further Services and charge for costs associated with recovering late payments.
5.6 Any variation in the Services to be carried out must be agreed in writing before we can proceed. Any fee or price variation will become due for payment to us in accordance with the terms for payment above.
6. Cooling Off Period
6.1 As a Consumer, you have a statutory right to a cooling off period. This period begins once the Contract is formed and ends at the end of 14 calendar days after that date.
6.2 If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email using the contact details provided with the Quotation. You will meet the cancellation deadline as long as you have sent your cancellation notice before the 14 days have expired.
6.3 If you cancel within this period, you will receive a full refund of any amount paid to us under the Contract, using the same payment method you used unless you request otherwise. In any case, you will not incur any fees as a result of the refund.
6.4 If the start date for the works falls within the cooling off period, you must make an express request for the Services to begin within the 14 day cooling off period. By making such a request, you acknowledge and agree that:
6.4.1 If the Services are completed within the 14 day cooling off period, you will lose the right to cancel once the works are completed;
6.4.2 If you cancel the Contract after the Services have begun, you will be required to pay for the Services supplied up until the point at which you inform us of your wish to cancel.
6.5 All requests to cancel the Contract must be made by post to Pest Solutions, 10 Seaward Place, Centurion Business Park, Glasgow, G41 1HH or by email to firstname.lastname@example.org.
6.6 Clause 7 applies to termination of the Contract after the 14 calendar day cooling off period has elapsed.
7. Termination and Duration
7.1 The Contract shall begin on the date you accept our quotation as set out in the details of the quotation (the “Start Date”). If we are only carrying out a specific task for you (a “Job”) this agreement shall end once that Job has been completed and we have been paid. However, if we are performing regular periodic service visits (“Periodic Services”) then unless otherwise stated, this agreement shall continue for a minimum period of one year (the “Minimum Period”) starting on the Start Date.
7.2 After the Minimum Period, the agreement will continue on a yearly basis unless terminated:
7.2.1 at any time by either you or us for one of the reasons set out in paragraph 7.3 or
7.2.2 at the end of the Minimum Period or any anniversary of that date where you or we (as applicable) have given the other at least 3 months written notice of termination.
7.3 Either you or we shall have the right to terminate this agreement immediately if the other:
7.3.1 breach the Contract in a material way and fail to remedy the breach within 14 days of being asked to do so in writing (a breach is considered material if it is not minimal or trivial in its consequences to the cancelling party, regardless of whether it was caused by any accident, mishap, mistake or misunderstanding); or
7.3.2 go into bankruptcy, liquidation or administration, if a receiver is appointed, or if we cease, or threaten to cease, to carry on business.
7.4 We may terminate for non-payment of our charges but not unless we have reminded you that you are late paying your invoice as set out in paragraph 5.5.
7.5 Where you terminate this agreement before the end of the Minimum Period and you do not have any right to terminate early, you shall pay us compensation for not complying with your agreement with us. You agree that this compensation will be calculated as follows:
7.5.1 Where you terminate during the Minimum Period: 80% of the aggregate charges due until the end of the Minimum Period.
7.5.2 Where you terminate at any time after the end of the Minimum Period: 30% of the aggregate charges you would have paid us until the time when you would have been entitled to terminate this agreement.
7.6 Where we terminate this agreement because you have not complied with your obligations or because you have not paid us for the Services we have provided to you we shall be entitled to invoice you for compensation in respect of the date from which we terminate this agreement to the date upon which you could have terminated this agreement by giving notice. This compensation shall be calculated on the same basis as is set out in paragraph 7.5.
7.7 If this agreement is for a Job and you terminate it before that Job has been completed you will pay us upon our written request 100% of the charges for the work completed at the date the agreement is terminated plus any other irrecoverable costs we have incurred in relation to the Job e.g. hire costs for access equipment. However, in no circumstances shall you be liable to pay us any more than the charges you would have paid had you not terminated this agreement.
7.8 All requests to cancel the Contract must be made by post to Pest Solutions, 10 Seaward Place, Centurion Business Park, Glasgow, G41 1HH or by email to email@example.com.
8. General Liability
8.1 Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
8.2 Subject to this clause 8, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
8.3 We accept no liability in respect of delays or damage due to causes beyond our reasonable control including, but not limited to, staff illness, power failure, industrial action, mechanical breakdown, civil unrest, fire, flood, adverse weather, earthquakes, acts of terrorism or war or governmental action.
8.4 We will not be liable to you for any indirect or consequential loss, loss of profit, loss of business or business opportunity or interruption to business.
8.5 Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation, where applicable. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
9. Data Protection
10. Other Important Terms
10.1 We may transfer (“assign”) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
10.2 You may not transfer (“assign”) your obligations and rights under these Terms and Conditions (or the Contract) without our express written permission.
10.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
10.4 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. This will not affect the validity and enforceability of the remaining parts of the Contract.
10.5 If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.
10.6 Where you want to write to us for any reason (including where you have any complaint about the Services provided to you) you should email us at firstname.lastname@example.org or send any letter or notice by hand or by first-class mail to Pest Solutions, 10 Seaward Place, Centurion Business Park, Glasgow, G41 1HH.
10.7 If you have any complaint you should email us or write to the address above and mark your letter for the attention of the Services Manager. Please read our Customer Complaints Procedure, which explains how to inform us of any issues with services delivery or products.
11. Governing Law and Jurisdiction
These Terms and Conditions and any Contract between us will be in accordance with the laws of Scotland and any dispute will fall within the jurisdiction of the courts of Scotland.