These Terms and Conditions govern the provision of chemical termite barrier services by Rayco Pest Control, a registered pesticide business 2773 with the WA Department of Health (A.C.N. 662 869 616 PTY LTD “the Company”) to you (“the Customer”). By engaging our services, you agree to be bound by these terms.
Whole agreement: these terms and conditions of service shall form a binding agreement. There shall be no other terms or conditions of service unless agreed by both parties, in writing.
1. Scope of Service
1.1 The Company will install a chemical termite barrier using [e.g., Fipronil, Bifenthrin, or other registered termiticide] around the perimeter of the property.
1.2 This service is intended to deter subterranean termite entry into the treated area. It does not include treatment of existing termite infestations, aerial nests, or other pest control unless explicitly stated in writing.
1.3 The Customer will be provided with a Certificate of Treatment upon completion, as required under Australian Standard AS 3660.1-2014.
2. Warranty
2.1 The chemical termite barrier is warranted against termite penetration for a period of 5 years from the date of installation, subject to the conditions below.
2.2 If termites breach the barrier within the warranty period, the Company will provide re-treatment of the affected area at no additional cost, provided all conditions are met.
2.3 The warranty is valid only if:
- The Customer arranges annual inspections by the Company (see Section 7);
- No alterations, excavations, or landscaping disrupt the treated soil; and
The property remains compliant with the original site conditions at the time of installation.
3. Exclusions from Warranty
3.1 The warranty does not cover:
- Termite damage to the property, including structural or cosmetic repairs.
- Pre-existing termite infestations not disclosed or identified prior to treatment;
- Breaches caused by flooding, heavy rainfall, or soil erosion beyond the Company’s control;
- Alterations to the treated area, including but not limited to landscaping, construction, or irrigation installation.
- Termite entry via untreated areas (e.g., above-ground entry points or untreated slabs).
3.2 The Company is not liable for consequential losses arising from termite activity.
4. Payment Terms
4.1 A deposit of [e.g., 50%] of the total quoted amount may be required prior to the start of installation, with the balance payable upon completion of the installation.
4.2 Payment must be made via [e.g., bank transfer, credit card] within [e.g., 7 days] of invoicing. Late payments may incur a fee of [e.g., 2%] per month.
4.3 The Company reserves the right to suspend services or void the warranty if payment is not received as agreed.
5. Customer Responsibilities
5.1 The Customer must:
- Provide unobstructed access to the treatment area, including removing debris, plants, or structures as advised.
- Notify the Company of any underground utilities (e.g., pipes, cables) or irrigation systems prior to work commencing.
- Ensure pets, children, and occupants are kept away from the treated area during and immediately after application, as per safety guidelines provided.
5.2 Failure to comply may result in delays or additional costs, for which the Customer will be responsible.
6. Effectiveness Disclaimer
6.1 The chemical termite barrier is designed to deter subterranean termites from entering the treated zone. However, no barrier can guarantee 100% prevention due to termite behaviour, environmental factors, or untreated entry points.
6.2 The Customer acknowledges that regular monitoring and maintenance are essential for ongoing protection.
7. Annual Inspections
7.1 To maintain warranty validity, the Customer must arrange an annual inspection by the Company within 30 days of each anniversary of the installation date.
7.2 The inspection fee is payable at the time of service and includes a written report on the barrier’s condition.
7.3 If an inspection identifies issues (e.g., soil disturbance), the Customer must rectify them at their expense to preserve warranty coverage.
8. Safety and Environmental Compliance
8.1 The Company will apply termiticides in accordance with the Health (Pesticides) Regulations 2011 (WA) and the product label instructions, using only products registered with the Australian Pesticides and Veterinary Medicines Authority (APVMA).
8.2 The Customer will be provided with a Safety Data Sheet (SDS) and post-treatment care instructions. The Customer assumes responsibility for ensuring occupants follow these guidelines.
8.3 The Company is not liable for environmental impacts (e.g., runoff) caused by weather events or improper site conditions beyond its control.
9. Cancellation and Refunds
9.1 Cancellations made within 48 hours of signing incur no charge, provided work has not commenced.
9.2 If work has started, no refunds will be issued for completed portions of the service. Deposits are non-refundable once materials are ordered, or work begins.
9.3 The Company may cancel or reschedule due to unsafe conditions (e.g., extreme weather), with no liability for delays.
10. Limitation of Liability
10.1 The Company’s liability is limited to the cost of the service provided. We are not responsible for:
- Termite damage occurring before, during, or after installation.
- Losses arising from failure to follow maintenance recommendations.
- Indirect or consequential damages (e.g., loss of property value).
10.2 This clause complies with the Australian Consumer Law but does not exclude rights that cannot be waived under statute.
11. Force Majeure
11.1 The Company is not liable for delays or failure to perform due to events beyond its control, including but not limited to severe weather, natural disasters, or government restrictions.
12. Dispute Resolution
12.1 Any disputes will be addressed through mediation in Western Australia before legal action is pursued, with mediation costs shared equally unless otherwise agreed.
13. Governing Law
13.1 This agreement is governed by the laws of Western Australia. Any legal proceedings will be conducted in WA courts.