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12. Indemnity: To the extent allowed by law, the Customer will indemnify RPC and its Personnel against all actions, claims, proceedings or costs (including legal costs on a full indemnity basis) that RPC could incur as a result of any reliance placed on the content of a service or inspection report by any person other than the Client who obtained the report from the Customer without the written approval of RPC, except to the extent any damage or loss results from RPC or its Personnel. .
13. Force Majeure: RPC shall not be responsible for failure to fulfill any obligation if the failure results directly or indirectly by a cause beyond its control.
(a) that they will not (nor let anyone acting on their behalf) to provide, give, request or take any undue financial or other advantage of any kind in any way connected with entry into this agreement; and
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(b) they will each comply with all applicable laws associated with bribery and corruption in connection with this agreement. Any failure to abide by this clause entitles a party to terminate this agreement upon notice to another party.
15. Debt Collection: The Client indemnifies RPC for all expenses incurred in relation to the recovery of debts owed by the Client.
16. Privacy and Credit Reporting: The Client authorises RPC, its Personnel or any related entities of RPC, subject to complying with the Privacy Act 1988, to use and disclose the personal information of the Client for any purpose connected with this agreement or otherwise in accordance with the Rentokil Initial Privacy Policy which can be obtained in www.rentokil.com.au.
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(a) obtain credit reports in regard to the Client and its associated entities out of credit-reporting agencies;
(b) seek and/or disclose information about the Customer and its associated entities (including any information about their credit worthiness, credit history, standing or capacity) which credit suppliers are permitted by the Privacy Act 1988 to provide, obtain or get;
(c) disclose information about the application for credit under this agreement and, if the application is successful, Concerning the charge account and any credit provided to a credit-reporting agency in order to obtain information or credit reports;
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(e) disclose information regarding the Client and its related entities to any person considering acting as a guarantor of the Client.
17. Entire Agreement: This agreement supersedes and replaces all previous agreements between the parties in relation to pest control services and contains the entire agreement between them concerning the subject matter. To the extent permitted by law, RPC expressly excludes all warranties, guarantees, representations and conditions except as may be made by RPC into the Customer in writing. .
(a) RPC will not be responsible for any loss of earnings or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or read more in connection with this agreement, the supply of these solutions, the equipment or the sale of any goods.
(b) in which a claim relates to a guarantee or warranty under the Australian Consumer Law, RPCs total aggregate liability to the Client under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is restricted at RPC option to:
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(I) in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or
(ii) in relation to claims relating to goods, the resupply of the prices or the expense of re distribution of the goods.
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(c) in all other circumstances, the liability of RPC to the Customer (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by RPC from the Customer pursuant to the agreement.
(d) Each indemnity in this agreement is a continuing obligation separate and independent from the other obligations of the party giving the indemnity and survives termination or expiry of the agreement.
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(e) This agreement is governed by the laws of the State or Territory in which the Services are being given to the Customer and the parties submit to the jurisdiction of the courts of that State or Territory.
1. Rentokil Pest Control (QLD) Pty Ltd ABN 38Â 125Â 713Â 108 trading as Rentokil Pest Control (RPC) agrees to provide a Residential Pest Control Inspection and Treatment (the Service) at the specified regions of the premises described above for its Charges (incl GST) in relation to these Pests described in this document in accordance with these terms and conditions.