General Terms and Conditions
1. GENERAL OBLIGATIONS
a. MIDS Pest Control Ltd shall carry out the Services or Works as specified.
b. The Customer Shall:
i. provide access for MIDS Pest Control Ltd. representatives to carry out its Services at any reasonable time or as specified.
ii. provide all facilities at the premises that MIDS Pest Control Ltd. may reasonably require to carry out the Services.
iii. Pay MIDS Pest Control ltd promptly
2. CANCELLATION RIGHTS
a. Where we enter into a contract either by telephone or at the customer premises for non-urgent work the customer has 14 days from the commencement of the contract in which to cancel.
b. During that period if the customer chooses to cancel the contract any money paid by them will be refunded. However, if the customer has already paid and agreed for the work to begin before the end of the cancellation period they may be required to pay for goods or services already provided.
c. If the customer wishes to cancel the contract they must do so in writing and deliver personally or send (which may be by electronic mail or post) this to the person.
a. MIDS Pest Control Ltd. shall have the right, without prejudice to any other right or action, to terminate this agreement forthwith:
i. if the Customer fails to observe and perform any of the terms of this Agreement or:
ii. if the Customer is adjudged bankrupt or if the Customer shall convene a meeting of its creditors or if a proposal shall be made for a voluntary arrangement within Part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors or if the Customer shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the Customer or if a petition is presented for a bankruptcy order or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the Customer or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction) or:
iii. If the Customer purports to terminate the Agreement before expiry of the minimum term or other than by giving the required period of notice as specified below or if MIDS Pest Control Ltd. terminates this Agreement in the circumstances set out in Clauses 5, then the Customer shall pay to MIDS Pest Control Ltd. upon receipt of invoice by way of liquidated and agreed damages a sum equal to the fees due at the applicable price per quarter for either:
1. the balance of the minimum term, or if this is less than the Required period of notice.
2. the period from the date of the said notice of termination until expiry of the required period of notice.’
a. Nothing in this Agreement affects the statutory rights of a consumer. MIDS Pest Control Ltd. does not accept liability for loss, damage or injury howsoever arising save as specified in this clause below:
i. Personal injury or death, and
ii. Physical damage to property which is a direct result of MIDS Pest Control Ltd. negligence in carrying out the Services, and
iii. The Customer shall not be entitled to make any claim against MIDS Pest Control Ltd unless it gives MIDS Pest Control Ltd. written notice of the event giving rise to such claim, containing sufficient information for it to be identified and investigated by MIDS Pest Control Ltd. As soon as reasonably practical of the date on which the Customer becomes or ought reasonably to have become aware of the occurrence of such event. MIDS Pest Control Ltd. shall in no circumstances have any liability for any loss of profit, use or business interruption or other indirect, economic or unforeseeable consequential loss or damage.
5. FORCE MAJEURE
a. If MIDS Pest Control Ltd. is prevented or delayed in the performance of any of its obligations under the Agreement by circumstances beyond its control, then MIDS Pest Control Ltd. shall be excused the performance or the punctual performance of the Services as the case may be for so long as such cause of prevention or delay shall continue.
a. If any payment to be paid by the Customer to MIDS Pest Control Ltd. under the Agreement is unpaid for a period of 30 days after it has become due MIDS Pest Control Ltd. may at any time thereafter give to the Customer 7 days written notice to terminate this agreement and unless such overdue sum has been paid before the expiration of such notice MIDS Pest Control Ltd. shall, without need for the giving of any further notice, have the absolute right at any time thereafter to cease to provide Services where upon this Agreement shall then terminate absolutely and MIDS Pest Control Ltd. obligations hereunder shall cease but without prejudice to the liabilities of the Customer to MIDS Pest Control Ltd.
a. If any term or provision in this agreement is or shall become in whole or in part illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Agreement shall not be affected or impaired thereby.
8. SET OFF
a. The Customer shall be entitled to withhold a reasonable part of the payment due to an dispute related to the Service, unless treatment has been carried out already.
9. ENTIRE AGREEMENT
a. This agreement constitutes the entire agreement between the Customer and MIDS Pest Control Ltd.
b. These Terms and Conditions (and such other terms and conditions as MIDS Pest Control Ltd. may stipulate or agree in writing) shall prevail over any inconsistent terms which may appear on the Customers enquiry order or other documents received by MIDS Pest Control