AGREEMENT TERMS AND CONDITIONS
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001713.37, FLORIDA STATUTES), THOSE
WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A
CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB
SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR
PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY
YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS
FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF,
YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS
PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
ENTIRE AGREEMENT:
1.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement (the “Agreement”) between Company and Customer (the “Party” or “Parties”) and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between the Parties relating to the subject matter and/or the service provided (the “Service”)as it relates to the Agreement.
2. SEVERABILITY AND ASSIGNMENT
2.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement (the “Agreement”) between Company and Customer (the “Party” or “Parties”) and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between the Parties relating to the subject matter and/or the service provided (the “Service”)as it relates to the Agreement.
2.2 Neither Party shall have the right to assign this Agreement without the written authority.
3. LIMITATIONS
3.1 The effectiveness of pest control treatments are limited by conditions, which are limited to environmental, structural and site, which are beyond the control of the Company.. Such conditions include, but are not limited to, inaccessible structural cavities, leaking roofs, faulty grade levels, inadequate clearance, earth to wood contact, structurevegetation contact, cellulose debris, insufficient ventilation, faulty gutters or downspouts, and other conditions conducive to reinfestation or recurring infestation. Unless the Company has specifically included the repair or correction of such condition(s) within the Agreement, the Customer accepts sole responsibility for such repair, correction, or mitigation, and holds the Company harmless from any liability for same, including any responsibility for retreatment. The Company is not responsible for insect or rodent damage to products or contents at the premises. This Agreement does not provide for control of pests not specified in the Agreement. If, in the Company’s opinion, a service requested is unsafe for the technician and/or the Customer, or is impractical or unnecessary, the Company reserves the right to refuse requested service without incurring any liability.
3.2 The Customer agrees to hold the Company harmless from any and all liability for damage not caused by the Company’s negligence, and from any and all liability for structural damage regardless of cause. The Company disclaims any liability for special, incidental or consequential damages. The warranties stated in this Agreement are given in lieu of any other warranty, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. The Company will incur no liability should it be prevented from fulfilling its responsibilities per this Agreement by reasons of an act of God, fire, flood, storms, explosions, acts of war, whether declared or undeclared, seizure, riots, civil commotion, strikes, or other labor disputes, shortages of fuel and/or materials, quarantine restrictions, or any other circumstances or causes beyond the control of the Company. Should structural changes or additions be made to the jobsite which would add to or delete from the area treated at each service, the renewal charge will be reviewed and adjusted accordingly by the
Company.
3.3 Structural or mechanical defects which may result in water leakage on treated areas, including leakage in interior areas or through the roof or exterior walls of the identified property, may destroy the effectiveness of treatment. Such leakage can further produce unusual situations abnormally conducive to new infestation. If such conditions are discovered, it is agreed that the purchaser will be responsible for making such repairs as are necessary to correct said defects and for repairing any damage which was caused by said water leakage and/or termite infestation allowed to continue as a consequence of such leakage. The Company will, upon completion of repairs necessary to correct said defects, provide additional treatment to control infestation in the area. The cost of said additional treatment will be paid by the Customer. 3.4 The Customer understands that loose insulation, dirt and other debris may be tracked into and out of attic spaces, crawl spaces, garages and/or from the outdoors. The Company will make reasonable efforts to prevent this from occurring but will not be held responsible for incidental tracking.
3.5 This Agreement does not provide for or include the control or prevention of any and all types of mold. 3.6 Unless the Parties have executed a Termite Control Agreement, this Agreement does not provide for or include the control or prevention of wood infestation organisms including, but not limited to termites, powder post beetles, wood borers, carpenter ants or wood decay fungus.
3.7 If we fail to comply with these Terms and Conditions, we shall only be liable to you for the price paid (if any) for the Service.
4. PAYMENT/CANCELLATION
4.1 Work will not commence until payment is made in accordance with terms herein stated. Payment is due upon execution of the Agreement (the “Effective Date”) unless arrangements have been made with the Company in writing. Balances more than 30 days old will bear interest at the rate of 18% per annum or 1.5% per month from the date of service. In the event of nonpayment or default by the Customer, the Company may suspend or terminate the services as described in this Agreement, and costs of collection, including administrative and attorney’s fees and costs, shall be paid by Customer, whether suit is filed or not.
4.2 If the Customer that executes Agreement is not the owner of the property, the Customer agrees that they will ultimately be responsible for payment of services rendered as well as attorneys’ fees and costs spent in any and all collection efforts against the Customer that executed this Agreement.
4.3 Should the Customer choose to cancel the Agreement after any service has been provided, Customer will be charged a minimum of 25% of the total Agreement price. . Should the Company have performed more than 25% of the job, the Customer will be responsible for all work completed.
5. DISPUTES
5.1 The Customer and the Company agree that any controversy or claim between them arising out of or relating to the interpretation, performance or breach of any provision of this Agreement, including any action taken by the Company to collect for services provided to the Customer, shall be settled exclusively by a court of competent jurisdiction located in the venue where the treatment was provided. Should Company prevail in a claim brought by the Customer, Company shall be entitled to all attorney’s fees and costs associated with the defense of the claim.
6. RETREATMENT WARRANTY
6.1 If the Customer is not satisfied with the results of any service, the Company will, during the ReTreatment Warranty Period, return to treat the area again at no extra charge. The ReTreatment Warranty Period is that period of time after the final treatment is provided by the Company. A ReTreatment Warranty is granted subject to timely payment in full for the services provided, and the Company’s liability under any ReTreatment Warranty under this Agreement is limited to retreatment and/or a partial refund at the Company’s discretion.
6.2 The Customer’s cooperation is important to ensure the most effective results from the Company services. Whenever conditions conducive to pests are reported in writing to the Customer by the Company, and such conditions are not corrected by the Customer, any and all ReTreatment Warranties provided by the Company may be waived.
6.3 AnimalRelated Guarantee. This Agreement carries a one year guarantee unless otherwise specified on repairs only covering reinfestation, workmanship, and materials within original scope of work unless otherwise noted. If the initial exclusion effort fails, then the Company will reinspect and repair or replace damaged materials at no additional charge. If structure is reinfested, the Company will render services needed to control the infestation (e.g., trapping, etc.) at no additional charge. Guarantee excludes any property or contents damage sustained due to a rodent infestation. This
Guarantee does not cover additional trapping and/or exclusion work beyond the original scope of work. Should the
Customer replace the roof, repair, and/or construct a home addition, replace plumbing, etc. the warranty will be voided. The Company’s Animal Entry Warranty does not cover the removal of rodentrelated debris, such as feces and nesting materials, whether deposited previously or subsequent to the exclusion work unless rodent debris removal was specifically contracted for or by the Customer at an additional fee. If debris removal was contracted for, the Company will be responsible for cleanup of the previously accessible deposited debris and/or any deposited debris subsequent to the initial work only.
7. MATERIALS/LABELS
7.1 Upon request, Company will provide Customer with a copy of the manufacturer’s specimen label of the pesticide(s) which will be used to treat the premises. The materials used in pest control services comply with the federal, state and local laws.
8. FORCE MAJEURE
8.1 Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, labor strikes, other than those of Company or its suppliers, that prevent the Company from furnishing the materials or equipment, and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party’s failure to perform its obligations under this Agreement.
9. NONWAIVER
9.1 The failure or delay of either Party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either Party, whether written or oral, express or implied, of any rights under or arising from this Agreement shall be binding on any subsequent occasion; and no concession by either Party shall be treated as an implied modification of the Agreement unless specifically agreed in writing.
10. PROPERTY OWNER/CUSTOMER RESPONSIBILITY
10.1 Owner will provide timely access to the property at the agreed upon appointment time in order for
Company to perform necessary inspections and treatments.
10.2 Owner will make necessary recommended corrections to the serviced property to prevent new and also correct conditions conducive to termite infestation.
