Pale Horse Pest Control Ltd
Terms and Conditions
Pale Horse Pest Control Ltd - Terms & Conditions
Pale Horse Pest Control Ltd - Terms and Conditions
These Terms and Conditions ("Agreement") govern the provision of pest control services by Pale Horse Pest Control Ltd ("Pale Horse", "we", "us", or "our") to the Customer ("you" or "Customer"). By engaging our services, you agree to be bound by these terms, which comply with current UK contract law, including the Consumer Rights Act 2015, Unfair Contract Terms Act 1977, and other relevant legislation.
1. Definitions
1.1. "Services" means the pest control, inspection, and related services provided by Pale Horse as specified in the contract or service agreement.
1.2. "Equipment" means any equipment, including rented equipment, traps, baits, or other materials provided by Pale Horse as part of the Services.
1.3. "Premises" means the location where the Services are to be performed.
1.4. "Contract" means the agreement between Pale Horse and the Customer, incorporating these Terms and Conditions and any written service agreement or order confirmation.
2. General Obligations
2.1. Customer Obligations:
2.1.1. You shall provide Pale Horse’s representatives with reasonable access to the Premises at agreed times to perform the Services. If access is denied at the agreed time and place, you may be charged a standard inspection fee of £85.00 plus VAT.
2.1.2. You shall ensure all necessary facilities (e.g., power, water, or lighting) are available at the Premises for Pale Horse to carry out the Services.
2.1.3. You shall provide accurate and complete information reasonably requested by Pale Horse to perform the Services.
2.1.4. You shall promptly act on Pale Horse’s reasonable recommendations or non-conformance reports to prevent or mitigate pest activity.
2.1.5. You shall comply with any access limitations or safety instructions provided by Pale Horse’s technicians, including keeping children, vulnerable adults, and animals away from treated areas until Pale Horse confirms it is safe.
2.1.6. Failure to follow Pale Horse’s recommendations or safety instructions may limit our liability for pest infestations or any damage, provided such recommendations are reasonable and clearly communicated.
2.2. If you fail to provide access or cause delays (e.g., missed appointments or cancellations without at least 24 hours’ notice), Pale Horse may charge reasonable costs at our standard hourly rate or a cancellation fee of 50% of the service cost, provided we have given you reasonable notice of the appointment.
2.3. You shall maintain the Premises in a clean and hygienic condition, manage waste effectively, and promptly report any signs of pest activity to Pale Horse. Failure to do so may limit our liability for pest infestations.
3. Obligations Relating to Rented Equipment
3.1. This clause applies only to Equipment rented from Pale Horse and does not apply to maintenance-only agreements for Customer-owned equipment.
3.2. Pale Horse’s Obligations:
3.2.1. We will maintain and repair rented Equipment with reasonable care and skill to keep it in good working order, provided:
(a) You are not in breach of this Agreement; and
(b) The need for repairs does not arise from your wilful damage, negligence, mishandling, tampering, or unauthorised repairs.
3.3. Customer Obligations:
3.3.1. You shall not sell, pledge, dispose of, or part with possession of rented Equipment, which remains the property of Pale Horse.
3.3.2. You shall notify any third party claiming possession of the Equipment that it belongs to Pale Horse.
3.3.3. You shall comply with all statutory and safety requirements relating to the use of the Equipment.
3.3.4. You shall immediately notify Pale Horse of any damage, loss, or destruction of the Equipment.
3.3.5. You shall not permit the Equipment to be removed or undergo repairs or modifications that could affect its functionality or safety without Pale Horse's prior written consent. However, you may perform routine cleaning and minor maintenance as per the manufacturer's guidelines.
3.3.6. You shall maintain adequate insurance to cover your liability for any loss, damage, or injury caused by your use of the Equipment.
3.4. Inspection and Removal:
3.4.1. You shall allow Pale Horse’s authorised representatives to enter the Premises at reasonable times and with reasonable notice (except in emergencies) to inspect or recover rented Equipment.
3.4.2. If Pale Horse is unable to recover its Equipment upon termination of this Agreement due to your actions, you shall be liable for the reasonable cost of replacing the Equipment with a similar item of the same age and condition, payable immediately upon demand.
3.4.3. Pale Horse will exercise reasonable care when removing Equipment, but is not liable for restoring the Premises to their original condition unless damage results from our negligence.
3.5. Damage to Equipment:
3.5.1. You are responsible for any loss or damage to rented Equipment beyond normal wear and tear (except where caused by Pale Horse's negligence) and shall pay the reasonable cost of repair or, if the Equipment is beyond repair, the reasonable replacement cost, payable immediately upon demand.
4. Pale Horse’s Obligations and Method Statement
4.1. We shall perform the Services with reasonable skill and care, in accordance with industry standards and applicable UK legislation, including the Control of Pesticides Regulations 1986, Control of Substances Hazardous to Health Regulations (COSHH), Health and Safety at Work etc. Act 1974, Environmental Protection Act 1990, and Food Safety Act 1990.
4.2. All site inspections and treatments will be conducted by appropriately trained and qualified personnel, who may be accompanied by trainees for training purposes. Pale Horse is a member of the British Pest Control Association (BPCA) and ensures all technicians hold relevant certifications.
4.3. Our personnel will wear appropriate personal protective equipment (PPE) and comply with your site visit protocols, if applicable.
4.4. Inspections will focus on high-risk areas vulnerable to pest infestation, with findings reported in a service report detailing remedial actions and pest status. You shall retain these reports for a minimum of 3 years as required by law or for your records.
4.5. Where contracted on an annual basis, active infestations will be treated urgently with an action plan. Routine, remedial, and preventive measures will be carried out as planned.
4.6. Pest control treatments will follow appropriate protocols, including specific hazard/risk assessments before pesticide use, use of approved pesticides, and measures to protect non-target species and surfaces. We will use Integrated Pest Management (IPM) techniques, prioritising non-chemical methods where possible, to minimise environmental impact.
4.7. Follow-up procedures will be implemented for infestations, with full communication to you during and after the process.
4.8. Upon completion, our personnel will remove waste products, sign off relevant documentation, and depart the Premises. We will dispose of all waste, including pesticide containers and residues, in accordance with the Environmental Protection Act 1990.
4.9. We will provide relevant risk assessment data and pesticide use records upon request and maintain Employers’ Liability, Public Liability, and Product Liability Insurance.
4.10. We will comply with industry standards, including BPCA best practices, and inform you of legislative changes that may affect your business protocols, where reasonably practicable.
4.11. In the event of an emergency pest situation, you shall immediately notify Pale Horse, and we will respond promptly, subject to availability, prioritising such requests where possible.
5. Pesticide Use and Safety
5.1. All pesticides used by Pale Horse are approved by government ministers following independent assessment by expert scientists, in compliance with the Control of Pesticides Regulations 1986. Our operators are adequately trained and conduct specific hazard/risk assessments before using any pesticide.
5.2. You shall:
5.2.1. Keep children, vulnerable adults, and animals away from treated areas where traps, baits, or pesticides are in use until Pale Horse confirms it is safe.
5.2.2. Remain out of areas treated with sprays or fumigants for at least 2 hours or until completely dry, as advised by Pale Horse.
5.2.3. Avoid walking on or touching treated surfaces until completely dry.
5.2.4. Cover all foodstuffs in sealed containers and remove plants, fish tanks, ponds, or animals from treated areas. Covering items does not guarantee their safety, and you accept full liability for any losses.
5.2.5. Do not clean or vacuum areas treated with spray treatments for at least 14 days to avoid removing the pesticide.
5.2.6. Prevent access to, and avoid touching, pesticides, delivery measures, or traps, which could cause injury to non-target animals, pets, or humans.
5.3. In case of accidental contamination with a pesticide, contact your doctor, local hospital, or a veterinary surgeon (for animals) immediately, and provide the pesticide data document supplied by Pale Horse, detailing
chemicals used and quantities where applicable. Our contact details are: Pale Horse Pest Control Ltd, B1 Vantage Park, Old Gloucester Road, Hambrook, Bristol, BS16 1GW, enquiries@palehorsepestcontrol.uk.
5.4. Failure to adhere to the above safety instructions may result in Pale Horse accepting no liability for any damage, loss, or injury caused.
6. Specific Treatments
6.1. Treatments for Rats, Mice, Moles, and Squirrels:
6.1.1. A few weeks may elapse after application of treatments, baits, or traps before controls become effective. In rare cases, pest activity may persist without disturbing control measures.
6.1.2. Treatments are not guaranteed unless the guarantee is provided in writing by Pale Horse.
6.1.3. Dead rodents may release a powerful odour lasting weeks, potentially disrupting activities, and may lead to insect infestations requiring additional chargeable treatments.
6.1.4. You shall report dead rodents to Pale Horse immediately. Pale Horse does not remove carcasses, as we are not licensed waste carriers.
6.1.5. Standard treatments include up to 4 visits or 30 days’ cover, whichever comes first.
6.1.6. We aim to attend activated traps promptly, but visits requested outside normal hours (as listed on https://palehorsepestcontrol.uk/about) are chargeable in advance, and immediate assistance may not be available. Charges for alternative service providers will not be reimbursed unless pre-agreed in writing.
6.1.7. Tracking dust may leave residues, and Pale Horse accepts no liability for remediation if you agree to its use.
6.2. Limitations of Services:
6.2.1. If control is not achieved after the first treatment, further treatments may be required at additional cost.
6.2.2. Drains, unmapped or known, and neighbouring or adjoining properties may be sources of reinfestation, potentially making control difficult or impossible.
7. Liability
7.1. Nothing in this Agreement limits or excludes liability for: (a) Death or personal injury caused by our negligence; (b) Fraud or fraudulent misrepresentation; or (c) Any other liability that cannot be excluded or limited under UK law.
7.2. Subject to clause 7.1, Pale Horse’s liability is limited as follows:
7.2.1. Pale Horse’s liability for physical damage to property caused by our negligence is limited to £100,000 per occurrence or series of occurrences arising from one event. This limit applies to all claims for property damage under this Agreement, whether arising from negligence or otherwise, except where such liability cannot be limited under UK law.
7.2.2. We will replace or repair (at our discretion) any Equipment defective due to faulty workmanship, design, or materials.
7.2.3. Any advice, recommendations, or guidance provided by Pale Horse as part of the Services is offered in good faith based on the information available to Pale Horse at the time. The Customer acknowledges that such advice may be given without full or accurate facts, as it may depend on information provided by the Customer or other circumstances beyond Pale Horse’s control.
7.2.4. The Customer agrees that any advice provided by Pale Horse forms only one part of the overall Services and should not be relied upon as the sole basis for decision-making. The Customer is responsible for verifying the suitability of any advice in the context of their specific circumstances and for seeking additional professional advice where necessary.
7.2.5. Pale Horse shall not be liable for any loss, damage, or expense (whether direct, indirect, or consequential) arising from the Customer’s reliance on advice provided, where such advice was based on incomplete, inaccurate, or unavailable information.
7.2.6. The Customer shall promptly provide Pale Horse with all relevant and accurate information requested to enable the provision of informed advice. Pale Horse shall not be liable for any consequences arising from the Customer’s failure to provide such information.
7.3. We are not liable for: (a) Loss of profit, use, business interruption, or other indirect, economic, or consequential losses; (b) Losses arising from your failure to follow our reasonable recommendations, safety instructions, or this Agreement; or (c) Damage or loss caused by non-compliance with clauses 5 or 6.
7.4. You must notify us in writing of any claim within 28 days of becoming aware (or when you ought reasonably to have become aware) of the event giving rise to the claim, providing sufficient details for investigation.
7.5. If you are a consumer, your statutory rights under the Consumer Rights Act 2015 are not affected.
8. Charges and Payment
8.1. This clause applies to both:
(a) Contracted Services: Services provided under an annual contract; and
(b) Non-Contracted Services: One-off jobs and emergency works not covered by an annual contract.
8.2. Payment Terms:
(a) For Contracted Services, you shall pay all charges as set out in the Contract, inclusive of VAT, within 30 days of invoice issue, unless otherwise agreed in writing.
(b) For Non-Contracted Services, including emergency works, you shall pay all charges immediately upon completion of the work or as otherwise agreed in writing.
8.3. We may adjust charges to comply with new legislation, statutory instruments, government regulations, or taxes. We will provide at least 30 days' written notice of such adjustments. If the changes materially affect you, you may terminate the Agreement without penalty by notifying us in writing before the changes take effect. This applies to both Contracted and Non-Contracted Services.
8.4. Late payments for both Contracted and Non-Contracted Services may incur statutory interest and debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
8.5. You may not withhold payment due to any claim or counterclaim unrelated to the Services, whether for Contracted or Non-Contracted Services.
8.6. For Contracted Services, end users authorised by you may incur charges without your prior permission, as specified in the Contract.
8.7. No refunds will be provided once control measures, including baits or traps, have been installed, whether for Contracted or Non-Contracted Services.
9. Termination
9.1. Either party may terminate this Agreement by giving the notice period specified in the Contract or, if none is specified, 30 days written notice.
9.2. Pale Horse may terminate this Agreement immediately by written notice if:
(a) You fail to comply with any material term of this Agreement and (if remediable) fail to remedy the breach within 14 days of notice;
(b) You become insolvent, are adjudged bankrupt, enter into a voluntary arrangement, or have a receiver or administrator appointed over your assets;
(c) Your credit references become unsatisfactory to Pale Horse; or
(d) You fail to pay any amount due within 10 days, and such amount remains unpaid 7 days after written notice.
9.3. If you terminate the Agreement before the minimum term expires (if applicable) or Pale Horse terminates due to your breach, you shall pay: (a) Fees for the remaining minimum term; or (b) Fees for the notice period, whichever is shorter.
9.4. Upon termination, you shall return all rented Equipment to Pale Horse in good condition, subject to fair wear and tear.
10. Health and Safety
10.1. You shall follow Pale Horses’ reasonable advice and instructions to protect the health and safety of persons at the Premises during and after the Services, as detailed in clause 5.
10.2. You shall inform Pale Horse of any hazards our personnel may encounter at the Premises.
10.3. All pesticides used are approved under the Control of Pesticides Regulations 1986 and assessed under COSHH. Information on pesticides used is available on request.
11. Variations
11.1. No variation to this Agreement is binding unless agreed in writing by an authorised representative of Pale Horse.
12. Notices
12.1. Notices under this Agreement must be in writing and sent by hand or first-class mail to:
(a) For the Customer: The address specified in the Contract or as notified in writing.
(b) For Pale Horse: B1 Vantage Park, Old Gloucester Road, Hambrook, Bristol, BS16 1GW.
12.2. Notices sent by mail are deemed received on the second business day after posting (excluding weekends and public holidays).
13. Third Party Rights
13.1. No person who is not a party to this Agreement has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce its terms.
14. Severance
14.1. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15. Entire Agreement
15.1. This Agreement, together with any written Contract or service agreement, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, or understandings.
15.2. You acknowledge that you have not relied on any statement, warranty, or representation not expressly included in this Agreement.
15.3. Any terms in your enquiry, order, or other documents that conflict with this Agreement are excluded unless expressly agreed in writing by Pale Horse.
16. Data Protection
16.1. Pale Horse will process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
16.2. We will collect, store, and process only the personal data necessary to provide the Services (e.g., contact details, premises information) and will not share it with third parties except as required by law or with your consent.
16.3. You have the right to access, rectify, or request deletion of your personal data by contacting us at the address in clause 12.1(b). Further details are available in our Privacy Policy, provided upon request or at https://www.palehorsepestcontrol.uk.
17. Force Majeure
17.1. Neither party shall be liable for failure to perform its obligations under this Agreement if such failure results from events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, or government restrictions ("Force Majeure Event").
17.2. The affected party shall notify the other promptly of any Force Majeure Event and take reasonable steps to mitigate its impact.
17.3. If a Force Majeure Event continues for more than 30 days, either party may terminate this Agreement by giving 7 days’ written notice without liability for additional fees beyond services already rendered.
18. Dispute Resolution and Complaints
18.1. If a dispute arises under this Agreement, the parties shall first attempt to resolve it through good-faith negotiations within 14 days of written notice of the dispute.
18.2. If the dispute remains unresolved, the parties may agree to mediation by a mutually appointed mediator, with costs shared equally unless otherwise agreed.
18.3. Any complaints or suggestions should be submitted to enquiries@palehorsepestcontrol.uk or via our complaints procedure on https://www.palehorsepestcontrol.uk in the Contact Menu.
18.4. If you are a consumer, you may use an Alternative Dispute Resolution (ADR) scheme approved by the Chartered Trading Standards Institute, details of which we will provide upon request.
18.5. This clause does not prevent either party from seeking urgent legal remedies or affect your statutory rights as a consumer.
19. Governing Law and Jurisdiction
19.1. This Agreement is governed by the laws of England and Wales.
19.2. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where consumer rights allow otherwise.
20. Consumer Rights
20.1. If you are a consumer, you have additional rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including a 14-day cancellation period for off-premises or distance contracts. We will provide a model cancellation form and details of these rights with the Contract.
20.2. If the Services are performed at your Premises before the 14-day period expires at your request, you may be liable for costs proportional to the Services provided up to the point of cancellation.
20.3. Your statutory rights under the Consumer Rights Act 2015 are not affected, including the right to Services performed with reasonable skill and care.
21. Ownership and Removal of Devices
21.1. Definition of Devices
For the purposes of this Agreement, "Devices" shall mean any equipment, tools, traps, monitoring systems, or other items made or designed for a specific purpose that are provided or used by Pale Horse in connection with the Services.
21.2. Ownership of Devices
All Devices provided or used by Pale Horse in connection with the Services shall remain the exclusive property of Pale Horse unless a written agreement explicitly transfers ownership to the Customer.
21.3. Right to Remove Devices
Pale Horse reserves the right to remove any Devices at its sole discretion:
(a) During the provision of the Services, if Pale Horse determines that removal is necessary for operational, safety, or maintenance reasons; or
(b) Upon completion or termination of the Services, whether by expiration of the Agreement or otherwise.
21.4. Conditions for Removal
(a) Pale Horse shall provide the Customer with reasonable notice of its intention to remove any Devices, except in cases of emergency or where immediate removal is necessary to prevent damage or ensure safety.
(b) The Customer shall allow Pale Horse’s authorised representatives to enter the Premises at reasonable times to remove the Devices.
(c) Pale Horse will exercise reasonable care during the removal of Devices but shall not be liable for any damage to the Premises unless caused by our negligence.
21.5. Exceptions for Documented Transfers
If ownership of any Device is transferred to the Customer through a written agreement, such Device shall no longer be subject to this clause, and the Customer shall be responsible for its maintenance, repair, and compliance with any applicable laws or regulations.
22. Safe Removal of Accessible Rodenticides
22.1. Definition
For the purposes of this clause, "Accessible Rodenticides" means any rodenticide products placed in locations where they can be safely retrieved upon completion or termination of the Services.
22.2. Responsibility
Pale Horse shall be responsible for the safe removal of all Accessible Rodenticides from the Premises.
22.3. Timing
The removal shall be conducted upon completion of the Services or as soon as reasonably practicable thereafter, or at such other times as deemed necessary by Pale Horse for safety or operational reasons.
22.4. Safety Measures
The removal shall be carried out using appropriate safety measures, in accordance with COSHH-compliant procedures, to prevent exposure to humans and non-target animals.
22.5. Compliance
All removal and disposal of rodenticides shall comply with applicable UK laws and regulations, including but not limited to the Control of Substances Hazardous to Health Regulations (COSHH) and the Health and Safety at Work etc. Act 1974.
22.6. Disposal
Removed rodenticides shall be disposed of in accordance with the Environmental Protection Act 1990 and any other relevant environmental regulations and best practices.
22.7. Customer Cooperation
The Customer shall:
(a) Provide reasonable access to the Premises to enable Pale Horse to carry out the removal of Accessible Rodenticides; and
(b) Notify Pale Horse at least 7 days in advance of the Premises or location becoming inaccessible for any reason, or if the rodenticide might become more accessible due to changes in the environment, including but not limited to the presence of children, pets, vulnerable adults, or events such as flooding, vandalism, or accidental damage. Where such notification is not reasonably practicable, the Customer shall inform Pale Horse as soon as possible.
22.8. Notification
Pale Horse shall notify the Customer in advance of any planned removal, except in cases of emergency where immediate removal is necessary to ensure safety.
22.9. Liability
Where the Customer or their representative fails to comply with this clause, they may be liable for any direct losses or damages arising from such failure, to the extent permitted by law.
22.10. Record-Keeping
Pale Horse shall maintain records of rodenticide placement, removal, and disposal in accordance with COSHH requirements.
Pale Horse Pest Control Ltd – BPCA Accredited
Registered In England - Registered Office: B1 Vantage Park, Old Gloucester Road, Hambrook, Bristol, BS16 1GW
Company Number 14147847 - Tel: +44 (0)7427 626686 - +44 (0)117 369 9909 - https://palehorsepestcontrol.uk
Why Choose Pale Horse Pest Control?
Highly Qualified Team
Our highly qualified team have experience in all aspects of pest management.
Pest Control Specialists
We cover all biting, stinging and nuisance pests for a complete service with lasting results.
Accredited & Insured
We are accredited members of the BPCA (British Pest Control Association).
Competitive Prices
You’ll receive the highest quality service at competitive prices for complete peace of mind.