TERMS OF BUSINESS – PEST MANAGEMENT & FUMIGATION

A   OUR CONTRACT 

• A1  Services Covered. Pest Control M Walshe Llp offers fumigation, pestmanagement, termite treatment, rodent control, insecticide application, inspection, advisory, & audit services. (the “Services”).
• A2  How Offers Are Accepted. Our quotation for the relevant service/s requested by the Customer remains open for 30 calendar days unless withdrawn earlier. Your acceptance may be written, verbal, electronic or inferred from letting us start work. All services and quotations and agreement to provide the services are subject to these terms, conditions and exceptions only. These Terms & Conditions override any purchase order or customer terms unless expressly agreed otherwise in writing by us. 
• A3  Information Warranty. You confirm that all data and documents you provide are accurate, complete and not misleading. Pest Control M Walshe Llp will rely on them without independent verification unless agreed otherwise.
• A4  No Contractual Authority – No employee, agent or subcontractor of Pest Control M Walshe LLP is authorized to vary these terms or make binding promises unless confirmed in writing by an authorized signatory of Pest Control M Walshe LLP.

B   HOW THE SERVICES ARE PERFORMED

• B1  Standard of Care. Pest Control M Walshe Llp will use reasonable skill and care, following its internal methods, industry standards as are consistent with the relevant service/s required by the Customer and any specific instructions of the Customer agreed in writing by us. Deadlines indicated for completion of work are estimates only unless the quotation states “timecritical” and thus agreed in writing by us with the Customer. The Customer understands, agrees and accepts that our services are risk-mitigation services and not guarantees of pest elimination. No warranty is given that pests will not recur or reinfestation will not occur. 
• B2  Subcontracting. We may delegate any part of the work to qualified affiliates or independent specialists; all contract protections granted to Pest Control M Walshe Llp also applies to such affiliates, sub-contractors, independent specialists. 
• B3  Suspension / Termination. We may suspend or stop work—and charge for costs incurred—if (i) your instructions are unclear or unsafe, (ii) you / vessel delays access, payment or information, (iii) forcemajeure event, or (iv) you breach this agreement.
• B4  Delay and Idle Time. If the Company is required to wait due to delay by the Customer or their representatives, idle time charges shall apply at prevailing rates.
• B5  Emergency Suspension. The Company reserves the right to cease operations and evacuate personnel immediately if safety is compromised, and all costs incurred shall be recoverable from the Customer.

C   DELIVERABLES & THEIR USE

• C1  Nature of Reports. Any certificate or report we issue (“Deliverable”) only records the findings at the place, date and what had been inspected. It is not a guarantee of the ongoing condition of goods or premises. Deliverable deemed accepted unless written objection is received by us within 7 days of issue.
• C2  Permitted Disclosure. You may share a complete, unaltered Deliverable with regulators, port or flag authorities, insurers, P&I Clubs or direct customers strictly for compliance or cargorelease purposes. Any other use, edit or extract requires our prior written approval.
• C3  No Third-Party Reliance. No third party may rely on any Deliverable unless agreed in writing by Pest Control M Walshe LLP. Unauthorized reliance is at such third party’s risk.

D   YOUR FINANCIAL OBLIGATIONS

• D1  Fees & Taxes. Prices in the quotation exclude VAT, GST, duties and outofpocket expenses, all of which shall be additional on Customer’s account.
• D2  Payment Terms. Invoices fall due within 45 calendar days from date of issue. Overdue sums bear interest at 12 % p.a. or the highest lawful rate, whichever is greater. No set-off or deductions by Customer is permitted.
• D3  Extra Costs. Where unforeseen circumstances demand extra time, revisits, waiting, special equipment or consumables, Pest Control M Walshe Llp shall invoice such reasonable additions to Customer, and Customer shall pay these additional costs. Pest Control M Walshe Llp’s assessment of what is “reasonable” is final.
• D4  Advance Payment. For high-risk services (e.g., vessel, silo, or port fumigations), full advance payment may be required prior to commencement of the services / work.

E   CUSTOMER RESPONSIBILITIES

• Provide Pest Control M Walshe Llp with accurate information, timely & safe access, safe working conditions, regulatory approvals and compliance with safety instructions as applicable, utilities, samples and accurate cargo/vessel/warehouse/ other applicable data as maybe relavnt in relation to the relevant service/s procured from us.
• Obtain and maintain at your own cost every permit, licence or clearance needed for the Services, including crew/stevedore training in the case of shipboard fumigation.
• Provide and maintain suitable breathing apparatus, gas detectors and PPE for any onsite persons.
• Indemnify and hold harmless Pest Control M Walshe Llp (and its group, officers, staff, insurers and subcontractors) from any claim, fine, penalty, cost or loss arising out of your breach of law or this agreement.
• The Customer shall be responsible for all injuries, fatalities, or incidents resulting from non-compliance with safety measures including SCBA use, safety zones, PPE, or signage.
• The Customer shall declare in writing any flammable substances, pressurized containers, or incompatible materials stored in treatment areas. Failure to do so constitutes gross negligence on the part of the Customer.
• The Customer shall secure all valuables prior to the agreed relevant service/s. Pest Control M Walsh LLP are not responsible and/or liable for any loss of any valuables and/or any damage that may arise during or in the course of provision of the relevant service/s. 
• Shall properly cover and protect all furnitures, fixtures, paintings, displays, etc. to prevent any damage, discolouration, etc. 
• Customer shall maintain adequate insurance and procure waiver of subrogation against Pest Control M Walsh and its affiliates / Sub-Contractors, from insurers.

F WARRANTY, DISCLAIMERS & LIABILITY

G GOVERNING LAW & DISPUTE RESOLUTION

• G1  Governing Law. Indian law exclusively governs these terms.
• G2  Escalation. The parties will attempt in good faith to settle disputes within 15 days after written notice.
• G3  Arbitration. Failing settlement, it is agreed that any and all disputes shall be referred to and resolved finally by arbitration in Mumbai, India, under the applicable Indian law, and the language of such arbitration shall be in English. The losing party shall pay reasonable costs of arbitration, including the fees of prevailing party’s lawyers, experts and an internal management charge. Courts in Mumbai shall have exclusive jurisdiction for all disputes in relation to the services provides by us.

H   MISCELLANEOUS

• H1  Changes. No variation to these terms, conditions and exceptions, which are binding upon the Customer, is effective, unless agreed in writing and signed by Pest Control M Walshe Llp.
• H2  Severability. If a clause is invalid, the remainder stays in force.
• H3  Communication. All formal notices must be emailed to the addresses stated in the quotation. Verbal or messagingapp instructions are ineffective unless confirmed by email within 6 hours.
• H4 No assignment without consent.

APPENDIX 1 – FUMIGATIONSPECIFIC TERMS

• Discretion on Method. Pest Control M Walshe Llp alone chooses fumigant type, dosage and exposure time based on the operational information you provide.
• Customer Data Duty. You must disclose, in writing and in advance, cargo characteristics (including moisture), prior treatments, known infestation, ventilation plans and laytime.
• Safety Zone. You will keep all unauthorised persons outside the restricted area for the entire exposure and ventilation period.
• Residue & Clearance. All residue disposal and “gasfree” certification at discharge ports are your responsibility and cost.
• Additional Indemnity. You shall indemnify Pest Control M Walshe Llp for any liability arising from failure to follow our safety instructions regarding SCBA use, gas monitoring or recirculation.

SECTOR-SPECIFIC PROVISIONS:

• Fumigation & Vessel Operations – No liability for demurrage, delay, corrosion, port charges or gas-free certification unless caused by proven gross negligence.
• Food & Hotel Premises – No liability for food recall, business interruption, regulatory penalties or reputation loss.
• Termite Treatment – Remedy limited to retreatment or refund of treatment fee.
• Rodent Control – Total eradication not guaranteed. Treatment reduces risk but is not a structural warranty. Re-infestation may occur due to environmental or other factors.
• Chemical Application – No liability for staining, corrosion or interaction with concealed utilities unless caused by gross negligence.
• Office & Residential Fumigations / Pest Control Service – No liability for any fading / damage to any paint / polish works, upholstery, furniture / fixtures, and/or any moveables/immoveables.

EMPLOYEE CONDUCT & THEFT PROTECTION

• 7.1 The Company undertakes reasonable background verification and supervision.
• 7.2 Customer must secure valuables before service.
• 7.3 Liability for theft arises only if reported within 24 hours, FIR lodged, credible evidence provided and technician proven responsible.
• 7.4 No liability for shared-access premises or unsecured valuables.
• 7.5 Any liability subject to contractual cap.