Terms and Conditions

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Terms and Conditions

1. GENERAL OBLIGATIONS

1.1 “We”, “us” or “our” in this Agreement refers to Rentokil Initial Limited and its employees and subcontractors. “You” or “your” refers to whoever is identified above as the customer. “Services” means those services that we agree to carry out for you  and to which these terms and conditions will apply. These Services are set out above.

1.2 You agree that you will:

  1. provide access for our employees to carry out the Services at any reasonable time.
  2. provide all facilities at the premises that we may reasonably require to carry out the services.
  3. fully follow and comply with any recommendations that may be made by our employees particularly in relation to maintenance of good levels of food and waste hygiene, building hygiene and proofing of building;
  4. pay us an additional charge at its normal hourly rate for any journeys we may make where you do not allow us access to carry out the treatment;
  5. pay us at our normal hourly rate for any visits or call outs which are required  because you have failed to implement any recommendations we have made.

1.3 Provided you pay our charges we will visit your premises at often as we say that we will in the e-mail or letter. 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 “no one 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.

1.4 Unless  a third party is specifically identified  as having any entitlement under this agreement, nobody apart from you and us shall have any rights under it.

2. DURATION AND TERMINATION

2.1 This agreement shall begin on the date identified as the Commencement Date above. 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 this agreement shall continue for the period set out above as the Minimum Period starting on the Commencement Date. After the Minimum Period it will continue on a yearly basis unless terminated (a) at any time by one of us for one of the reasons set out in paragraph 2.2, 2.6  or paragraph 7 below; or (b) at the end of the Minimum Period or any anniversary of that date where we or you (as applicable) have given the other at least 3 months written notice of termination.  We may also 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 3.5.   

2.2 Either we or you shall have the right to terminate this Agreement immediately if the other:

  1. fails to comply with their obligations under this agreement within 7 days of a written request to comply; or
  2. is declared bankrupt, becomes insolvent or is unable to pay their debts.

2.3 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 breaching your agreement with us. You agree that this compensation will be calculated as follows:

Where you terminate during the first year of this agreement, a sum which is equivalent to

  1. the full charges for three months and 80% of the charges for the remainder of the first year less whatever you have paid during any notice you gave to us; and
  2. 30% of the charges for the remainder of the Minimum Period (if any)..

Where you terminate at any time after the end of the first year of this agreement, an amount which is equivalent to

  1. the full charges for three months less whatever you have paid during any notice you gave; and
  2. 30% of the aggregate you would have paid us for each month remaining from the date three months after you gave notice of termination until the date you would have been entitled to terminate this Agreement.

2.4 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 2.3.

2.5 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 when 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.

3. PAYMENTS

3.1 The charges you are to pay us for the Services are set out above.  However we may also claim additional charges from you for the reasons set out in paragraphs 1.2(d) and (e).  You also agree that we shall be entitled to increase the Services Charges (other than for a Job)  on 28 days prior written notice to you:-

  1. at any time after the end of the first year provided we do not increase the charges more than once in any calendar year under this paragraph 3.1(i); and
  2. where our operating costs have increased due to reasons outside our control such as:-
  1. increases to the cost of fuel, utility services, the cost of necessary capital equipment or any other materials we use to provide the Services;
  2. 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);
  3. any statutory increase to our labour costs, for example a statutory increase to our employees entitlement to paid leave; and
  4. the addition of, or any increase to, the costs or charges of any other person we have to pay in connection with the service.

3.2 Electrical Installation Fee: Where the Services require electrical installation works, these works shall be subject to a single fee for such works which is set out above and which is additional to the Services Charge.

3.3 All of our charges and fees are subject to the addition of VAT at the prevailing rate

3.4 Our charges are based on the Services we agree to provide to you and also take into account our initial set up costs, the cost of materials and equipment, the support and training we provide to our employees and our administration costs. This means that where we agree with you to reduce the Services or to cancel a particular Service we provide to you, the reduction to our charges may not be pro rata to the reduction in or cancellation of our Services.

3.5 Where we have failed to provide the Services at the frequency set out above and provided you have complied with your obligations under this agreement, including, in particular your obligations under clause 1.2, you may be entitled to a credit calculated on a pro rata basis after appropriate deductions in respect of set up costs, materials and equipment costs, service support and administration costs and also taking into account the number of non-routine visits such as call out and follow up visits we have made to your premises.

3.6 You will pay us in advance. The first payment will be due on signature of this agreement. The frequency of any subsequent payments is specified above. Any change to payment frequency or timing must be agreed with us in writing.

3.7 The standard method of payment is by direct debit.  We reserve the right to charge an administration fee if you do not pay your invoices by direct debit. 

3.8 If you are more than 30 days late in making any payment to us we may write to you giving you a further 7 days to pay and informing you that if you do not pay you risk termination or suspension of the Services at our discretion. If you do not pay what you owe before that 7 days runs out then we shall be entitled to terminate this agreement or suspend the Services without being obliged to write to you again. Where we decide to suspend the Services we shall not be obliged to recommence them until you have paid in full what you owe us.

3.9 Where payment of any invoice is not made by the due date we shall also be entitled to recover from you interest on the overdue amount at the rate of 3 percent greater than the Bank of Ireland base rate applicable from time to time on a daily basis from the due date for payment until payment is made whether before or after any court judgment.

3.10 Payment of invoices shall not be conditional on purchase order numbers or similar having been allocated or provided.

3.11 Waste Management Fee: Where the Services we agree to provide to you include Feminine Hygiene and/or Nappy Disposal services you agree to pay the annual waste management fee set out above for each premises to which such services are to be provided. The waste management fee is subject to review by us in the same way as we review our Services charges as set out in clause 3.1 above.

4. EQUIPMENT OBLIGATIONS

“Rental Equipment” means that any equipment that is identified as such above and does not include any goods we may sell to you.
“Replacement Value” means the full cost of replacing any item of Rental Equipment at the time it is lost or damaged.

4.1 Our obligations as part of the Services, we will repair any Rental Equipment so that it is kept in good working order provided that :

  1. you have complied with all of your obligations under this agreement, including in particular prompt payment of our invoices; and
  2. the repairs have not been caused by 
  1. wilful or careless damage, negligence, mishandling, tampering or any unauthorised repairs by you or on your behalf; or
  2. vandalism

4.2 You Shall

  1. be responsible for any damage to or loss of any Rental Equipment. This shall not apply to damage that we are obliged to repair as set out in paragraph 4.1 above;
  2. not sell the Rental Equipment of give it to anybody else for any reason. You acknowledge that we own the Rental Equipment.
  3. insure the Rental Equipment for its Replacement Value against all risk of loss or damage (other than damage occurring during its normal operation and/or use);
  4. insure against injury (including death) to any persons or for loss of or damage to property as a result of the any misuse of the Rental Equipment or your negligence.
  5. immediately notify anyone claiming possession of the Rental Equipment that it belongs to us.
  6. comply with all statutory and safety requirement relating to the use of the Rental Equipment.
  7. notify us immediately if the Rental Equipment is damaged or lost.
  8. not permit anybody other than use to remove, repair or maintain the Rental Equipment.
  9. not remove any labels or signs indicating that the Rental Equipment  belongs to us.
  10. not use in any dispensing machine supplied by us materials that we have not supplied to be dispensed by that machine.

4.3 Removal of Rental Equipment:You will allow us at any reasonable time  to enter any premises where the Rental Equipment is sited so that we may inspect it. You will also allow us access to any premises on termination of this agreement where this is necessary for the removal of the Rental Equipment no matter what the reason for termination is. If upon termination of this Agreement, we are unable for any reason to recover the Rental Equipment (unless this is due to our fault) you will pay us upon receipt of our invoice the Replacement Value of the Rental Equipment which has not been recovered. While we will exercise reasonable care when removing Rental Equipment from your premises we do not accept any responsibility for restoring that part of the premises (including any services such as electrical supply) where the Rental Equipment was installed to its original state.

4.4 We shall be entitled to replace any Rental Equipment at any time when we believe it is appropriate to do so. Any replacement Rental Equipment shall be of at least an equivalent standard to that which we have removed. Items which replace Rental Equipment shall, upon replacement, be subject to these terms and conditions.

5. OWNERSHIP AND RISKING GOODS SOLD

5.1 Risk of damage to or loss of any goods sold to you (“Goods”) shall pass to you once we have delivered and installed them at your premises. However you will not own any Goods until we have received payment in full for them in cleared funds. Rental Equipment shall remain our property.

5.2 Until such time as you own the Goods you will keep them separate from any other goods you may own or have in your possession so that they can be readily identified as belonging to us.  You shall also ensure that they are properly stored, protected and insured.

5.3 Unless you own the Goods you shall promptly return them to us if we ask you to do so. If you refuse to return any Goods when we have asked you to do so you agree that we may enter your premises and remove them.

6. LIABILITY - YOU MUST PAY CAREFUL ATTENTION TO THIS PARAGRAPH

6.1 We only accept liability that arises as a result of our performance of the Services and which is for:

  1. personal injury or death caused by our negligence or fault; and/or
  2. physical damage to property because of our negligence or fault up to a maximum amount of €20,000 for any claim or series of claims which arise from a similar cause; and/or
  3. replacement or (at our option) repair of Goods or their components where these are defective or unsuitable for the purpose due to faulty workmanship, design or materials.

6.2 If you want to make a claim against us you must do so in writing to us within 28 days of first becoming aware of the circumstances which give rise to the potential claim. You must provide us with sufficient detail of the circumstances so that we may investigate it. If you do not notify us of a claim within this 28 day period we shall not be liable for any loss or damage you may suffer in connection with it.

6.3 We shall not in any circumstances be liable to compensate you for any

  1. loss, damage or expense caused by any insects, rodents or birds or any other pest;
  2. loss of profit, whether direct or indirect;
  3. loss of use or business interruption;
  4. losses that we could not reasonably be expected to have anticipated;  or
  5. economic or financial loss or damage,
  6. regardless of whether such loss is because of our negligence or our breach of contract.

6.4 You acknowledge that the charges reflect the level of liability we have agreed to accept and that if our liability was to be increased the charges may also have to increase.

7. FORCE MAJEURE

If either of us is prevented or delayed in the performance of any of our respective obligations (other than payment obligations) under this agreement by circumstances beyond our reasonable control, then whichever of  us is prevented or delayed shall be excused the performance or the punctual performance of its obligations (as the case may be) for so long as whatever is preventing or delaying performance shall continue provided that if the reason preventing of delaying performance should continue for more than 30 days the whichever of us is unaffected shall be entitled to terminate this agreement on written notice to the other.

8. ASSIGNMENT 

You may not assign this Agreement without our prior written consent. We may assign the benefit and the burden of this Agreement to another company in the same  group of companies as us.

9. HEALTH AND SAFETY

9.1 You shall ensure that all advice and instructions we give you for the protection of the health and safety of anybody your premises are followed.

9.2 You must inform us of any hazards that we may encounter whilst working at your premises.

9.3 You shall provide us with full details where any item we have supplied to you has become affected or contaminated with dangerous, toxic, adhesive or inflammable substances.  We reserve the right to refuse to provide Services to any such items.

9.4 Any pesticide we use to provide the Services to you is registered under the Biocidal Products Regulations 2012 and has been assessed for any hazard under the Safety Health and Welfare at Work Act 2005 and General Application Regulations (2007). Information on the pesticides we use at your premises is available on request from the Customer Service Centre (Rentokil Pest Control) Hazel House, Millennium Park, Baas, Co Kildare.

10. VARIATIONS

No change to or cancellation of this Agreement shall be binding until we have both agreed to it in writing. This paragraph shall not apply whether either of us is exercising any termination right we may have under the Agreement.

11. NOTICES

11.1 Any notice to be given under this Agreement shall be in writing. We shall send any letter or notice to you by hand or by first class mail to the address appearing overleaf or to such other address as you may tell us in writing from time to time.

11.2 Where you want to write to us  for any reason (including where you have any complaint about the Services provided to you) you should send any letter or notice by post to Customer Service Centre, Rentokil Initial Limited,   Hazel House, Millennium Park, Baas, Co Kildare.  Any legal proceedings should be sent to the Company Secretary at the same address.

11.3 Where a letter or notice is sent by post it will be assumed to have arrived at the address to which it is sent on the second working day after it was posted.

12. SEVERANCE 

If any part of this agreement is found to be illegal, invalid or unenforceable, this shall not affect the remainder of the agreement.

13. SET OFF 

You shall not be entitled to withhold any payment due to us unless you are doing so because of a dispute as to the amount due in which case you may only withhold that amount which is in dispute.

14. DATA PROTECTION

  1. to obtain a credit reference from a credit reference agency for you;
  2. to retain tracing agents to locate you where you have changed your address without telling us and have failed to pay any invoice by the due date; and
  3. to enable other companies in the Rentokil Initial group to contact you about services they provide which may be of interest to you.

15. BRIBERY AND CORRUPTION

You and we both undertake that (i) neither of us nor any party acting on behalf of either of us has offered, given, requested or accepted any undue financial or other advantage of any kind in any way connected with the entering of this agreement; and (ii) you and we shall each comply with all applicable legislation relating to bribery and corruption in connection with this agreement including ensuring

  1. in your case that your employees and representatives shall not; and
  2. in our case that our employees and representatives shall not

directly or indirectly offer, give, request or accept any undue financial or other advantage of any kind.
Any failure by either of us to comply with this paragraph shall entitle the other to terminate this agreement on notice.

16. ENTIRE AGREEMENT 

16.1 This document  and any survey report we may provide to you contains all the terms and conditions  you and we have agreed and sets out the entire agreement between you and us.

16.2 Neither you nor we shall be entitled to rely on any statement or representation made by the other if that statement or representation is inconsistent with what is set out in this agreement.

16.3 This agreement shall prevail over any inconsistent terms which you may include on any  enquiry form, order or other document which you have sent to us or which may be implied by law or trade, custom, practice or a course of dealing between both of, all of which are hereby expressly excluded. 

17. GOVERNING LAW AND JURISDICTION

The Agreement will be governed by and be interpreted according to the laws of Ireland and the parties agree to submit to the exclusive jurisdiction of the Irish courts