TERMS OF TRADE
Terms and conditions
Last update October 2024
1. DEFINITIONS
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 pest control.
1.3 “Services” shall mean relating to all pest control services, documentation, data and advice provided by ACES pest control to the Customer.
1.4 “Price” shall mean the cost of the Services as agreed between ACES pest control and the Customer and shall include all disbursements.
2. ACCEPTANCE
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. This includes verbal acceptance of a quote and or SMS text messages.
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 (example 24 hours) of such unavailability, then the Customer will pay ACES pest control a call out fee of $175.00 plus GST.
3. CANCELLATIONS
3.1 Cancellation of a booking on the day of appointment will incur a $175.00 + GST booking fee.
3.2 Cancellation of a booking made the day prior to appointment but within 24 hours will incur a $100.00 + 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 pest control 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 pest control 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 pest control to any other party.
4.2 The Customer authorises ACES pest control 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 2020. ACES pest control is committed to keeping customer data private and secure.
5. PRICE
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 pest control 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 pest control between the date of the contract and supply of the Services.
6. PAYMENT
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, monthly, above ACES pest control 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 pest control 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 pest control by the Customer are paid in full.
7. QUOTATION
7.1 Where a quotation is given by ACES pest control 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 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. DISPUTES
8.1 Any claim relating to Services must be made within fourteen (14) days of completion of the Services.
9. LIABILITY
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 pest control 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 pest control, ACES pest control 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 pest control shall not be liable for:
9.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Services by ACES pest control 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 pest control or otherwise, brought by any person in connection with any matter, act, omission, or error by ACES pest control 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 pest control 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 pest control, owns and has copyright in all work, software, systems, solutions and documents produced by ACES pest control 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 pest control for the purposes of a business in terms of section 2 and 43 of that Act. The consumer guarantees act 1993 applies services provided for residential customers.
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 of ACES Pest Control agreeing to supply Services and extend credit to the Customer at their request, hereby agree to be personally liable for the obligations of the Customer. The signatory(s) personally and unconditionally guarantee the payment of any and all amounts that are now or in the future owing by the Customer to ACES Pest Control. This personal guarantee is joint and several, meaning each signatory is fully responsible for the total debt if the Customer defaults.
The personal liability of any signatory does not absolve the Customer of its obligations under this contract. Both the signatory(s) and the Customer are jointly and severally liable for all sums due to ACES Pest Control under this contract. The signatory(s) also indemnify ACES Pest Control against any losses, costs, or expenses incurred as a result of the Customer’s failure to fulfill its obligations, including but not limited to non-payment of amounts due
13. MISCELLANEOUS
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, example acts of God natural disasters.
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 pest control 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 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 minimum restocking fee charge $60 + GST per item. When the customer returns stock courier fees/postage and packaging are at their cost.
14. MEDIA RECORDINGS
14.1. Media recordings include video and/or sound. Any party making a media recording of ACES pest control needs to seek ACES pest control's prior permission before making any recordings. ACES pest control expressly forbids the use of any recordings their staff working on a job on any type of sharing platform. Further, any recordings that a customer has of ACES pest control and/or their staff should immediately be deleted. Should unauthorized media recordings of ACES pest control be used without our permission then ACES reserves the right to seek remedies through legal action.
15. Governing Law and Jurisdiction:
15.1 This contract shall be governed by and construed in accordance with the laws of New Zealand. The parties agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter.
16.Severability:
16.1 If any provision of this contract is found to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. The remaining provisions of this contract shall remain in full force and effect.
17.Force Majeure:
17. 1 Neither party shall be liable for any failure or delay in performing its obligations under this contract if such failure or delay results from events, circumstances, or causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil commotion, compliance with any law or governmental order, fire, flood, or any other similar event. In such circumstances, the affected party shall be entitled to a reasonable extension of time for performing such obligations. If the period of delay or non-performance continues for [a specified period, e.g., 60 days], the party not affected may terminate this contract by giving [a specified period, e.g., 30 days] written notice to the affected party.