Terms & Conditions for Order-cum-Contract (OCC)

 

1. Customer gone through the service details and FAQs mentioned for respective service being availed and understands that the services to be offered by Pest Control M. Walshe LLP (hereinafter referred as PCMW) as per the order-cum-contract (OCC) is in respect of premises to be treated and mentioned in this order-cum-contract only, which is neither transferable in respect of any other premises nor applicable to any extensions /additions or alternations in the original premises.
2. The instruction to be given to PCMW in due time and in any event not later than 48 hours of commencement of service. Upon receipt of confirmed order from customer, PCMW shall indicate the timeline for commencement or completion of services.
3. The customer should inform PCMW, immediately if any change is desired, otherwise if the service technician are not allowed to carry out the treatment on the proposed date, the service shall be considered as rendered, and no extension in the period of contract will be given.
4. The customer is advised to regularly avail of the services as per the OCC during its validity period, failing which, the PCMW is not responsible for services not taken, and no extension will be granted. NO REFUND is given back for services not taken.
5. Customer shall assign or nominate coordinating representative to communicate regarding service initiation or follow ups. Written confirmation by customer shall be preferred communication, however services initiated due to exigency without written communication shall also be covered under these terms & conditions.
6. The household/nominated office staff of customer must extend necessary co-operations to PCMW service technician. PCMW service technician will focus on desired treatment and shall not assist in chores like emptying drawers, cupboards, cabinets etc. nor in putting back the same.
7. Customer shall make payments to PCMW as agreed. Timely payment is a condition for the services under the agreed arrangement and OCC shall be considered valid only if payment is made to PCMW as per agreed terms.
8. Taxes / Other statutory levies if applicable are not included in the service charges and would be charged separately and payable by the customer.
9. Customer understands that responsibility to pay all taxes, levies duties, assessments & deduction of every nature as prescribed in law with the provisions of the services under scope of this arrangement will be theirs.
10. PCMW does not give or express guarantee or warranty to eradicate or eliminate the pests temporarily or permanently through its services. Pests may regenerate due to several factors within structure or commodity treated. Pests may also immigrate to structure or commodity from outside or from vicinity. The Customer understands and agrees that insects sometimes become resistant and are not affected by the fumigation or other operations. PCMW shall be obliged to carry out the necessary pest management operation as per the terms and condition herein, without incurring liability or obligation for any inconvenience, loss, injury or damage that may be caused to the customer or any occupant of or visitor to the premises or to any property of any such persons.
11. The customer has understood his /her obligation to ensure that shelter, entry and food are denied to pests as far as possible and to maintain hygiene conditions in the premises.
12. PCMW shall not be liable for any loss, injury or damage to the customer or any occupant or visitors to the premises or to any property of any such persons by reason of or as consequences of the pest management operations and treatment carried out by PCMW pursuant to this order-cum-contract. Ensuring the safety of all valuables in the customer premises is solely the customer responsibility.
13. PCMW does not undertake any contingent liabilities arising out of pest management operations i.e. spraying, misting, fogging, baiting, trapping or other operations.
14. PCMW along with its directors, employees, officers, agents shall not be liable to customer and/or any third party for any liabilities, losses, business losses, commodity losses, damages, costs, claims, charges & expenses whatsoever based upon special, direct, indirect, incidental, consequential, special or punitive damages of any kind or nature.
15. PCMW shall not be liable for any delayed, partial or total non-performance of the Services arising directly or indirectly from any event outside the PCMW’s control including failure by the Customer to comply with any of its obligations.
16. The liability of PCMW in respect of any claim for loss, damage or expense of any nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to the fee/charges paid by the customer.
17. Prior revelation about concealed electric wiring, water ducts, plumbing, gas connections, water proofing layers etc. and necessary arrangement of electrician and/or plumber shall be the responsibility of customer.

 

18. Customer will ensure that persons allergic to pesticides/chemicals or respiratory problems, infants, children and/or pets are kept away from the premises during and immediately after the treatment.

 

19. PCMW may deploy use of battery operated or electrical equipment like sprayers, Drill machine at the premises of the customer for pest management treatments. PCMW shall not be liable for any damage caused to electrical lines or other concealed structures during such operations.
20. Electricity and water supply needed for treatment shall be provided by the customer at their end to PCMW.
21. All Material (s) and equipment kept by PCMW in customer’s premises for carrying out /during service, remains the sole property of PCMW and customer has no right over it. In case of misuse or damage of PCMW’s property, customer shall be liable to compensate the losses occurred.
22. In the event order–cum-contract is cancelled by customer before the agreed term, refund; if any, would be made at the sole discretion of PCMW. A minimum of Rs.1000/- plus full GST amount paid, shall be payable by customer as order cancellation charges.
23. Pesticides used for pest management are hazardous to humans or animals. PCMW shall take reasonable precaution to ensure that the persons in vicinity of the area under treatment are protected. However, PCMW shall not be responsible for any liability arising out of forced or unauthorized entry into a treated area or non-compliance to safety rules by persons at customer premises.
24. It shall be customer’s responsibility to provide required support in relation to pre-informed arrangements needed for effective performance of treatment. Interim recommendations by PCMW for any amendment or betterment for scope of services shall be provided and it shall be in interest of customer to follow the same.
25. The customer understands that PCMW service technician have instructions not to handle the customer’s property to avoid any inadvertent damage. A representative of the customer should be present during the pest management treatment to reorganize, remove & shift articles, as necessary.
26. Cleaning and removal of dead insect debris post pest management treatment shall lie with the customer.
27. PCMW shall not be under any liability for any failure to perform any of it’s obligations hereunder due to Force Majeure. For the purpose of this clause, “Force Majeure” means fire, explosion, flood, Act of God, act of terrorism, war, rebellion, riots, strikes or sabotage, boycotts, strikes and lock-outs of all kinds, go-slows, or events or circumstances which are wholly outside the control of the party affected thereby. Where, such event continues to exist for a continuous period of 3 months or more, the services herein shall stand terminated.
28. Indemnification: The Customer shall guarantee, hold harmless and indemnify PCMW and its officers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any services.
29. PCMW shall be entitled to immediately and without liability either terminate provision of the services in the event of: (a) failure by the Customer to comply with any of its obligations and such failure is not remedied within 10 days that notice of such failure has been notified to the Customer; or (b) any suspension of payment, arrangement with creditors, bankruptcy, insolvency, or cessation of business by the Customer. All rights and obligations accrued during the period of this agreement shall continue to bind the parties till such rights and obligations are completely discharged.
30. Any dispute, controversy or claims arising out of or relating to the terms and conditions hereof shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai and any award whether interim or final shall be binding on the parties. The arbitral procedure shall be conducted in the English language.
31. The terms and conditions herein shall be governed by and construed in accordance with Indian law. Only the courts at Mumbai shall have exclusive jurisdiction in all matters arising herein.
32. If any one or more provisions of these Conditions are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
33. Customer understands & agrees that he/she/it has read, understood & verified the present terms & conditions of services offered by PCMW & thereafter accepted the same. No dispute, complaint, differences in respect of these terms & conditions shall be entertained by PCMW.