1 Contract Ref.# ( ) Page 1 of 18 NATIONAL PEST CONTROL Post Box No 31592, Dubai, U.A.E FORM OF AGREEMENT CONTRACT NO.: PROPERTY: CONTRACT TITLE: Public Insect and Rodent Public Health Pest INQUIRY REF # & DATE: This contract is made by and between NATIONAL PEST CONTROL, a sole proprietary concern established as per the professional license issued by the Department of Economic Development, Dubai, UAE and having its registered office in Dubai, UAE, P O Box (hereinafter refer to as Company ) AND M/S.CLIENT NAME. Established under the laws of United Arab Emirates having its main office at EMIRATE, UAE, P O Box (hereinafter called Client ) Company and Client agree as follows: 1. This CONTRACT, comprises this Form of Agreement, the attached General Conditions of Contract and the Appendices thereto, and embodies the entire agreement between the PARTIES. 2. In consideration of COMPANY performing the services in accordance with the CONTRACT, CLIENT shall pay COMPANY the CONTRACT PRICE, viz., ARAB EMIRATES DIRHAM (CONTRACT PRICE IN WORDS (AED <FIGURES>)) per annum, subject to final measurement as specified in the appendices. 3. The CONTRACT shall be deemed to have come into force on (EFFECTIVITY DATE), which date shall be the EFFECTIVE DATE of the CONTRACT. 4. The SCHEDULED COMPLETION DATE is (COMPLETION DATE). Auto renewal will be applied 30 days prior to the completion date of the contract unless client submits written registered notice of non-renewal. IN WITNESS WHEREOF, the PARTIES have executed this CONTRACT in duplicate on the dates stated below. FOR THE COMPANY Signature: Name: SEAN BAKER Title: MANAGING DIRECTOR Date: Seal: FOR THE CLIENT Signature: Name: Title: Date: Seal: E&OE
2 Contract Ref.# ( ) Page 2 of 18 APPENDIX TO CONTRACT # ( ) INDEX 1. Form of Agreement (page 1) 2. Appendix (page 2) 3. General Terms and Conditions (pages 3-6) 4. Pests Covered (page 7) 5. Preliminary Inspection Report (page 8) 6. Pest Control Plan (page 9) 7. Quality Control Plan (page 10) 8. Property Covered (page 11) 9. Frequency of Scheduled Visits (page 12) 10. Company Standard Response time (page 13) 11. Contract Price Schedule (page 14) 12. Terms of Payment (page 15) 13. Contact Details of Customer and Company focal personnel (page 16) 14. Summary of Exceptions to Standard contract (applicable for Non-Standard Contracts) (page 17) 15. Standard Formats (page 18)
3 Contract Ref.# ( ) Page 3 of 18 General Terms & Conditions of Form of Agreement 1. GENERAL a. Description of Service This contract is part of a comprehensive Integrated Pest Management (IPM) program for the Property and other areas specified in the appendix. The goal of IPM is to deliver effective pest control while at the same time reducing the volume and toxicity of pesticides used and human and environmental exposure to pesticides. IPM is a process for achieving long term, environmentally sound pest control through the use of a wide variety of technological and management practices. Control techniques in an IPM program include a combination of pest monitoring, good sanitation practices, education, appropriate solid waste management, Property maintenance, alternative physical, mechanical, and biological pest control, and the use of pesticides when warranted according to a predetermined hierarchy of pest management choices, formulations, and application techniques, which will minimize the exposure and potential risk to people and the environment. COMPANY shall furnish all supervision, labor, materials and equipment necessary to accomplish the surveillance, trapping, and pesticide application components of the IPM program as specified within this contract. COMPANY shall also provide detailed, site-specific recommendations for structural and procedural modifications necessary to achieve pest prevention. b. Pests Included and Excluded COMPANY shall adequately suppress indoor populations of pests covered in the appendix of the contract on page 7. Any other pest encountered will be considered as additional service to this agreement such as: Birds and snakes; Termites, ants nesting within structures and other wood-destroying organisms; Free flying insects originating out of doors and mold related insects; Wild cats and dogs; Pests that primarily feed on outdoor vegetation; Plants and animals within an agreed Building. c. Preliminary Inspection COMPANY has conducted a preliminary inspection of the property prior to submission of this agreement and given details of pest activity found, possible causes and recommended appropriate pest control plan. Should excessive pest infestation be encountered on initial familiarization of the property that was not found or brought to our attention within our preliminary inspection additional chargeable program work maybe required. This contract was based on the preliminary inspection as per the level of infestation. d. Pest Control Plan On the initial service, COMPANY shall submit to the CR an appropriate Pest Control Plan for each Property or site for concurrence. The COMPANY shall be on site to initiate service as per the response matrix specified in the appendix. If aspects of the Pest Control Plan are incomplete or disapproved, COMPANY shall have an agreed upon number of working days to submit revisions. The Pest Control Plan shall consist of four parts: (1) Proposed methods for control, including labels and Material Data Sheets for all pesticides to be used.; (2) A proposed pest population level referred to as a predetermined tolerance threshold, if thresholds exist for the targeted pest; (3) A service schedule for each Building or site; (4) A copy of the Pest Control Authority Certificate for every Company s representative who will be performing unsupervised service under contract. It shall be Company s responsibility to carry out work according to the approved Pest Control Plan for each Property or site. Company shall receive the concurrence of the CR prior to implementing any subsequent changes to the approved Pest Control Plan. e. Pesticide Application Pesticide application shall be according to need and not by schedule. As a general rule, application of pesticides in any area inside or outside the premises shall not occur unless visual inspections or monitoring devices indicate the presence of pests in that specific area. Preventive pesticide treatments of areas determined to be at high risk for infestation by insects or rodents, through inspection at the onset of the program or as part of a maintenance program, are acceptable. These applications must be conducted in accordance with the pesticide use hierarchy found in section 2b INSECT CONTROL of this document. f. Structural / Procedural Recommendations Structural modifications for pest control, including the application of caulk and other sealing materials will not be the responsibility of COMPANY. However, throughout the life of this contract, COMPANY shall be responsible for notifying the CR in writing about any structural, sanitary, or procedural modifications deemed necessary to eliminate pest food, water, harborage, or access. Company shall not be responsible for Infestation or increase of pest population beyond the pre-determined tolerance threshold, if threshold exists for the targeted pest due to non implementation of the recommendations. Call-outs or additional follow-up treatments attributable to non implementation of Company s recommendations will be chargeable and to be agreed prior to commencement of treatment. g. Record Keeping COMPANY shall be responsible for maintaining a pest control file for each property or site specified in this contract which remains COMPANY property. These records shall be kept on the Property of the client and updated for each visit by COMPANY representative. Each pest control file shall contain at least the following items: (1) A copy of the Initial Inspection Report and Pest Control Plan for the Property or site, including labels and Material Safety Data Sheets for all pesticides used in the Building;
4 Contract Ref.# ( ) Page 4 of 18 General Terms & Conditions of Form of Agreement (2) A copy of Service Record Sheet for each visit by the pest control operator scheduled, follow up, call-out and emergency signed and dated by both Company and Client representative. (3) A copy of the Inspection Report and Recommendation Report, if required, for each visit by the Technical Inspector signed and dated by both Company and Client representative. h. Qualified Personnel Throughout the life of this contract, COMPANY ensures that personnel providing on-site pest control service meet Pest Control Authority requirements for training and certification as Commercial Pesticide Operators. i. Manner and Time to Conduct Service COMPANY shall perform routine pest control services that do not adversely affect occupant health or productivity during the regular hours of operation in the Property. No sprays or dusts may be applied when the immediate area to be treated is occupied. COMPANY shall observe all safety precautions throughout the performance of this contract. Certain areas within some property may require special instructions for persons entering the Property. Any restrictions associated with these special areas will be explained by the CR. COMPANY shall adhere to these restrictions. All COMPANY personnel working in or around Property designated under this contract shall wear distinctive uniform clothing. COMPANY shall determine and provide additional personal protection equipment required for the safe performance of work. Protective clothing, equipment, and devices shall, as a minimum, conform to Occupational Health and Safety standards for the products being used. j. Special Requests and Emergency Service On occasion, the CR may request that COMPANY to perform Corrective, special, or emergency service (s) that are beyond routine service requests. COMPANY shall respond to these exceptional circumstances and complete the necessary work within Company Standard Response Time (page 13) attached to the contract after receipt of the request. In the event that such services cannot be completed within Company standard response time, COMPANY shall immediately notify the CR and indicate an anticipated completion date. 2. INSECT CONTROL a. Non-pesticide Products and Use COMPANY shall use non-pesticide methods of control wherever possible. For example: sticky traps are used to guide and evaluate indoor pest control efforts wherever necessary. b. Pesticide Products and Use The goal of IPM is to deliver effective pest control while at the same time reducing the volume and toxicity of pesticides used and human and environmental exposure to pesticides. When it is determined that a pesticide must be used in order to obtain adequate control, COMPANY shall employ the use of formulations and treatment techniques which minimize the amount of pesticides used and the potential exposure of people and the environment. COMPANY shall be responsible for application of pesticides according to the product label. All pesticides used by COMPANY will be registered with the Pest Control Authority. COMPANY shall take all necessary precautions to ensure occupant and employee safety, and all necessary steps to ensure the containment of the pesticide to the site of application. No liquid, aerosol or dust applications shall be made while occupants are present in the immediate vicinity. 3. RODENT CONTROL a. Non-pesticide Products and Use If possible, initial rodent control inside occupied Building shall be accomplished with non-toxic trapping devices. All such devices shall be concealed, whenever possible, out of the general view and in protected areas so as not to be affected by routine cleaning and other operations. Trapping devices shall be checked on a schedule as per Pest Control Plan consistent with good pest control practice. During regular service, COMPANY shall be responsible for disposing of all trapped rodents and all rodent carcasses in an appropriate manner. b. Pesticide Products and Use In circumstances when rodenticides are deemed essential for adequate rodent control COMPANY shall specify it in the Pest Control Plan. All rodenticides, regardless of packaging, shall be placed either in locations not accessible to children, pets, wildlife, and domestic animals, or in Pest Control Authority approved tamper-resistant bait boxes. COMPANY shall record in the map plan about the placement location of permanent bait boxes. Frequency of servicing bait boxes shall be as per the plan. All bait boxes shall be maintained in accordance with Pest Control Authority regulations. COMPANY shall adhere to the following five points: (1) Permanent bait boxes, whenever possible, shall be placed out of the general view and in locations where they will not be disturbed by routine operations; (2) The lids of all bait boxes shall be securely locked or fastened shut; (3) Permanent bait boxes shall be securely attached or anchored to the floor, ground, wall or other surface, to discourage movement by non-authorized personnel; (4) Bait shall always be placed in the baffle-protected feeding chamber of the box and never in the runway of the box; (5) All bait boxes shall be labeled with Company s business name and address, and dated at the time of installation and each servicing. As a general rule, rodenticide application outside Property shall emphasize the direct treatment of rodent burrows wherever feasible.
5 Contract Ref.# ( ) Page 5 of 18 General Terms & Conditions of Form of Agreement 4. PROGRAM EVALUATION COMPANY reserves the right, unless specified for Account Management Review Audit, to evaluate the progress of this contract in terms of effectiveness and safety or environmental factors that are or could impact the effectiveness and safety of the service. The COMPANY shall take prompt action to correct all identified deficiencies, and when necessary propose additional remedial services as required. 5. QUALITY CONTROL PROGRAM COMPANY had established a complete quality control program to assure the requirements of the contract are provided as specified. A copy of certification will be made available upon request. 6. PERFORMANCE Any treatment area receiving more than 3 (three) consecutive "unsatisfactory" ratings of the same nature may result in the filing of a formal complaint from the CR to the Company with intent to terminate the contract. Company will not be terminated if the "less than satisfactory" rating is a result of circumstances outside of the Company s control, such as failure of the CR to follow recommendations, make structural or operational changes that would facilitate the pest control effort. 7. SAFETY AND HEALTH a. All work shall comply with all applicable Pest Control Authority safety and health requirements. Where there is a conflict between applicable regulations, the most stringent will apply. b. Company shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work. 8. CONDITIONS CONDUCIVE TO INFESTATION Client warrants full co-operation with the Company during the term of this contract, and agrees to maintain the property(s) free from any factors contributing to infestation. Company reserves the right to propose alternative remedial treatment programs should such contributing factors are not rectified by the client. Client also agrees to notify Company of and to eliminate faulty plumbing, leaks and dampness from the drains, condensation or leaks from the roof, renovation works or otherwise into, onto, or specified in the attached appendix treated area(s) within 30 days. Company reserves right to terminate this contract if Client fails to correct any condition, including, but not limited to conditions listed above, which contribute or may contribute to infestation. 9. ADDITIONS AND ALTERATIONS This contract covers the area(s) identified in the attached appendix. Additional services because of any addition or alteration to the properties and/or all surrounding environment shall be provided by Company at Client s expense, and may require an adjustment in the annual renewal fee at the option of the Company. 10. CHANGE IN LAW This contract shall be interpreted, regulated and adjudicated in accordance with the applicable local laws as they exist at the time this contract is executed. Should any local law change regarding Company s service, HSE (Health & Safety Environment) requirements and treatment as well as any changes in ministry, commercial and any future taxation requirements, Company is authorized to take whatever steps necessary to be in compliance with the said laws and fees adjusted as required. 11. FEES COMPANY will carry out the services as specified in the contract and the attached appendix for an annual fees payable as per terms of payment. 12. TERMS OF PAYMENT As specified in the attached appendix. 13. NON-PAYMENT If payment is not received in accordance with the agreed terms of payment, Company reserves right to carry on the services or to hold any services until the outstanding amount is paid. 14. ENTIRE CONTRACT Attachment(s), together with this contract signed by Company and Client at the time the contract is entered into, constitutes the entire contract between parties and no other representations or statements, whether oral or written, will be binding upon the parties. By signing this contract, I, the Client, certify that I have read and fully understand the provisions on all the pages of this contract, and the attached appendix, with all the terms and conditions without limitations and it being specifically understood that the Company and the undersigned are bound only by the terms of this contract and not by any other representation(s) oral or otherwise. 15. DISCLAIMER Company s liability under this contract will be terminated if Company is prevented from fulfilling its responsibility under the terms of this contract by circumstances or causes beyond the control of Company. This contract covers only the pests agreed as per the appendix. Company disclaims any liability for special, incidental or consequential damage. THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT THOSE SPECIFICALLY STATED HEREIN. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 16. TRANSFERABILITY This contract shall terminate upon transfer of ownership of the specified properties in the appendix. A new contract may be issued by Company to new purchaser provided the new purchaser signs a contract.
6 Contract Ref.# ( ) Page 6 of 18 General Terms & Conditions of Form of Agreement 17. SURVIVAL OF CONTRACT Clause 18 will survive the termination or expiry of this Contract. 18. NON-DISCLOSURE AND USE OF INFORMATION Extent of Obligation (a) Except to the extent necessary to comply with any government policy relating to the public disclosure of confidential information (which policy is in place at the commencement of this Contract and stipulated in the Contract Details), neither the Contractor nor the Client will make public, disclose or use for purposes other than for the purposes of this Contract the confidential information of the other, unless the other gives its written approval. Confidential information includes: (i) information marked as confidential, unless such information is of the nature described in clause 20.1(b); and (ii) information which by its nature is confidential. (b) A party is not obliged by this clause to keep information confidential if that information: (i) is trivial or obvious; (ii) was already in the receiving party's possession at the time of receipt from the other party; (iii) has become public knowledge (other than through a breach of an obligation of confidence imposed under this Contract); (iv) was published or otherwise becomes part of the public domain other than through a breach of this Contract by the disclosing party; (v) has been held by the receiving party for a period in excess of the time limit (if any) specified in the Contract Details for the retention of confidential information; (vi) was independently developed by the receiving party without reference to the confidential information of the furnishing party; or (vii) Was disclosed as a result of a legal obligation or by order of a stock exchange or government agency, provided that the receiving party must to the extent practicable give the disclosing party prompt notice of the existence of such an obligation and must, at the disclosing party's cost, make a reasonable effort to otherwise protect the confidentiality of such information. (c) Nothing contained in this Contract will restrict a party from the use of any ideas, concepts, know how or techniques which it independently develops or acquires under this Contract, except to the extent such use infringes the other party's Intellectual Property Rights. Obligations of Personnel Each party will take all reasonable steps to ensure its Personnel engaged to perform work under this Contract do not disclose confidential information of the other party obtained during the course of performing such work. Disclosure to Media and Others Neither party will disclose to the media any information regarding this Contract or work performed under this Contract without the written consent of the other party. Unless expressly prohibited in the Contract Details, however, the Contractor may include the Client's name and a factual description of the work performed under this Contract: (a) in a list of references; (b) in proposal to third parties; and (c) in its annual report 19. TERMINATION Company s liability under this contract shall be terminated and Company will be excused from the performance any obligations under this contract should Company be prevented or delayed from fulfilling its responsibilities under the terms of this contract by reasons or circumstances reasonably beyond its control, including, but not limited to, acts of war whether declared or undeclared, acts of any duly constituted government authority, strikes, acts of God or refusal of Client to allow Company access to the area(s) for the purpose of reinspection or carrying out the terms and conditions of this contract. Both parties must provide a 30 days notice period should they wish the contract to be terminated. 20. RENEWAL This contract is deemed to be auto renewed every year unless specifically terminated by providing 30 days acknowledged notice in writing by either party. 21. SEVERABILITY If any part of this contract is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this contract shall remain in full force and effect. 22. CHEMICAL SENSITIVITY If Client or other occupants of the properties or adjacent Property believe they are or may be sensitive to pesticides or their odors, Client must notify Company is writing, in advance of treatment, including whether Client or other occupants have consulted with a medical doctor or healthcare provider regarding such sensitivity. Failure to provide notification represents Client assumption of risk and waiver of any claims against Company in connection with sensitivity. ADMN/CONTR Rev. Lev. 2 Rev. Dt. 10/12/2009
7 Contract Ref.# ( ) Page 7 of Pests Covered No. Pest Code Covered 4.1 German Cockroaches PI 01 Yes 4.2 American Cockroaches PI 29 Yes 4.3 Turkistan Cockroaches PI 30 Yes 4.4 Brown Banded Cockroaches PI 32 Yes 4.5 Garden Ants PI 02 Yes 4.6 Samsoon Ants PI 33 Yes 4.7 Fire Ants PI 37 Yes 4.8 Fly Breeding Sites PI 04 Yes 4.9 Mosquito Breeding Sites PI 06 Yes 4.10 Brown Rat PI 44 Yes 4.11 Black Rat PI 07 Yes 4.12 House Mouse PI 08 Yes 4.13 Bed Bugs PI 09 Yes 4.14 Red Back Spiders PI 13 Yes 4.15 Scorpions PI 14 Yes 4.16 Wasps / Bee Nests PI 25 Yes
8 Contract Ref.# ( ) Page 8 of Preliminary Inspection Report TO BE PROVIDED UPON THE SURVEY
9 Contract Ref.# ( ) Page 9 of Pest Control Plan REFER TO NEXT PAGE
10 Contract Ref.# ( ) Page 10 of Quality Control Plan -Not applicable- Or (if applicable based on the contract scope) Our QA Audits are designed to help achieve higher standards of hygiene and pest control within the property. This includes a detailed inspection by a qualified Entomologist, which is then followed by a report, with recommendations, on matters such as pest activity, pest proofing, waste management systems, housekeeping practices, pest habitat modification, storing practices and Electronic Fly Killers (EFK s).
11 Contract Ref.# ( ) Page 11 of Property Covered No. Property Category Property Area Location Emirate Areas Covered
12 Contract Ref.# ( ) Page 12 of Frequency of Scheduled Visits No Visit Frequency Description of Service 9.1 Technician Visit SP 01 Once every month SF 04 To carryout inspection/treatment 9.2 Technician Visit SP 01 Once every month SF 04 To carryout inspection/treatment to the 9.3 Technician Visit SP 01 Once every 3 months SF 08 To carryout inspection/treatment to. 9.4 Technical Inspection Audit SP 02 Once every three months SF 08 Technical Inspection Audit SP 02 Technician Visit SP 01 Call Out Service SP 04 As Required SF 18 Limited to free visits per year during the normal working hours (N.W.H).
13 Contract Ref.# ( ) Page 13 of Company Standard Response time Emergency / Call out Response Time: ITEM DESCRIPTION RESPONSE TIME THRESHOLD General Insect Incursion Insect Infestation Pest Infestation Pest Infestation Pest Activity (Casual Intruders / External Rodents) Infestation that could contaminate products and / or cause loss of clients goodwill Contaminate products and risk the closure of production / rodent in public areas Infestation that presents a direct threat to health and safety / closure of business Next Routine Visit / 72 Hours Within 24 Hours Within 24 Hours Within 24 Hours * ( as per Pest Control Plan) ** (as per Pest Control Plan) *** ( as per Pest Control Plan) **** ( as per Pest Control Plan) Notes: All response levels based on call being received by 8 am (working hours)
14 11. Contract Price Schedule Contract Ref.# ( ) Page 14 of 18 No. Service Details Particulars Sales Category Unit Price Invoice Frequency Total Price 11.1 Insect & Rodent Public Health Pest Control 11.2 Technicians Visit to SC 01 / SC 03 (AED. Only) Total E&OE
15 12. Terms of Payment Contract Ref.# ( ) Page 15 of 18 Invoiced in advance installments at Dhs.() and payable within 30 days from the date of invoice. Note:- All adhoc specified rate chargeable work invoiced end of month and payable within 30 days from the date of invoice. In order to ensure payment is made on time, it is agreed that invoices will be delivered as follows. ADDRESS DEPARTMENT CONTACT PERSON CONTACT NO. LATEST DELIVERY DATE DELIVERY TIME For client to fill-out, should anything else be required in order to ensure payment is settled on time as per this agreement.
16 Contract Ref.# ( ) Page 16 of Contact Details of Customer and Company focal personnel Company: National Pest Control For any technical inquiries, service scheduling and booking inquiries: Customer Care Agent (Sat thru Thurs 8 am 5 pm) Telephone Ext. 106 / 121 / 119 Fax For any sales related inquiries: Telephone Fax Sales Ext For any complaints, feedback or suggestions: Telephone Fax Quality Assurance Ext. 112 For any invoice / accounts inquiries: Telephone Fax Accounts Ext 110 Client: Focal Person Telephone Fax Mobile Preferred Time (Sat -- Thurs) 8 am 5 pm 8 am 5 pm am pm am pm Accounts Payable / Responsible person for arranging payments am pm
17 Contract Ref.# ( ) Page 17 of Summary of Exceptions to Standard contract (applicable for Non-Standard Contracts) No. Clause Sub-Clause Page No. Standard Terms Exceptions Agreed B 2 Pest Control equipment & consumables supplied Tamper proof rat boxes supplied at an additional costs. Terms & Cond A 2 Terms & Cond Splash proof AF Insect monitors supplied at an additional cost Electronic Fly Killers supplied and serviced at an additional cost External fly traps supplied and serviced at an additional cost Internal fly traps supplied and serviced at an additional cost Additional fly program will be chargeable Bird and cat control will be chargeable unless specified Specialized inspection equipment will be chargeable Access equipment other than standardized step ladder will be chargeable On-site folders documentation (if onsite folder is given at the property) can be updated by accessing the NPC website which will be provided through by QA Separate charges will apply where intensive treatment programs are required for control of rats or mice. This is based on encountering evidence rodent activity in numerous areas during initial familiarization of the property, and/or the need to control rodent infestation due to major contributing factors out of our control.
18 Contract Ref.# ( ) Page 18 of Standard Formats SRS; Visit Confirmation; Customer Feedback Form;
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