1. SERVICE GUARANTEE- We agree to apply products to control the pests named above, in accordance with the terms and conditions of this Service Agreement. All labor and materials will be furnished to provide the most efficient pest control and maximum safety required by Federal, State, and City regulations.
2. SERVICE RENEWAL- This agreement shall renew itself annually unless either party cancels this agreement by giving 30 day written notice before any expiration date. At the option of HUT PEST CONTROL LLC. and the customer, we will extend the agreement annually for quoted price per month/bi-month, and quarterly services, payable on or before the end of the previous plan. After the initial plan period, the agreement will renew annually, and all contract conditions and terms will be for the one-year renewal period.
3. TERMS AND CONDITIONS- The initial service will occur within 30 days of the date of the agreement and be completed therein.
4. SERVICES PROVIDED- HUT PEST CONTROL LLC. will conduct a thorough visual inspection of the premises for evidence of the infestation and provide treatment for the control of the pest(s) as determined appropriate by HUT PEST CONTROL LLC. HUT PEST CONTROL LLC. will apply pest control products in accordance with the directions of the manufacturers of the product; U.S. EPA approved labels; and the requirements of federal and state laws and regulations. For purposes of this Agreement “control” is defined as the periodic
eradication of existing infestations within practical limits.
5. AREAS SERVICED- At each service HUT PEST CONTROL LLC. will apply treatment as it deems appropriate to all potential harborage areas around the exterior of the structure. Customer agrees to provide access to the exterior of the structure at the scheduled time of service. In the event HUT PEST CONTROL LLC. is denied access to the exterior of the structure, HUT PEST CONTROL LLC. will provide treatment to all accessible areas. The customer agrees to pay the full-service charge in this event and will be responsible for scheduling a return service visit with a $55.00 trip fee to complete the remaining exterior areas.
6. LIMITS OF LIABILITY- Although HUT PEST CONTROL LLC. will exercise reasonable care in performing services under this Agreement HUT PEST CONTROL LLC. will not be liable for injuries/damage to persons, property, birds, animals, or vegetation, except those damages resulting from gross negligence by HUT PEST CONTROL LLC. Further, under no circumstances will HUT PEST CONTROL LLC. be responsible for any injury, disease or illness caused, or allegedly caused, by bites, stings, or contamination of bed bugs or any other insects, spiders, rodents, or beetles. HUT PEST CONTROL LLC. representatives are not medically trained to diagnose borne illnesses or diseases. Please consult your physician for any medical diagnosis. To the fullest extent permitted by law, HUT PEST CONTROL LLC. will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages whatsoever, including consequential and incidental damages arising from this service. HUT PEST CONTROL LLC. liability is specifically limited to the labor and products necessary to help reduce pests.
7. EXISTING DAMAGE- HUT PEST CONTROL LLC. is not responsible for repairs to damages disclosed in its inspection. In addition, hidden damage may exist in concealed, obstructed, or inaccessible areas. No attempt to remove siding, plastic, sheet rock, insulation, carpeting, paneling, etc, to search for hidden infestation /damage is made. HUT PEST CONTROL LLC. cannot guarantee that the infestation/damage disclosed by the floor-level visual inspection of the premises shown above represents the entirety of the infestation/damages which may exist as of the date of the initial control application. HUT PEST CONTROL LLC. shall not be responsible for the repair or any existing damage, including without limitation, any damage that existed in the areas or in the structural members, which were not accessible for visual inspection as of the date of this inspection. It is advisable that a qualified building expert inspect the property to determine what effect, if any, the infestation/damage has upon the structural integrity of the property.
8. FUTURE DAMAGE- Customer understands that HUT PEST CONTROL LLC. is not responsible for and does not guarantee against present or future damage to the building or contents or provide for the repair or replacement thereof. This Agreement and HUT PEST CONTROL LLC. do not guarantee that covered insects will not return to the property.
9. NON-PAYMENT- Customer will pay HUT PEST CONTROL LLC. invoice upon receipt. HUT PEST CONTROL LLC. may terminate this Agreement if payment is not received within 30 days of the date on the Invoice. In the event legal action is necessary to collect any amount due HUT PEST CONTROL LLC., HUT PEST CONTROL LLC. shall be entitled to recover from Customer all reasonable costs of collections, including reasonable attorney’s fees and expenses, in addition to any outstanding amount due HUT PEST CONTROL LLC. In addition, interest at the rate of 1.5% per month, being 18% annually or the highest rate allowed by applicable law will be accessed on any past due amount owed by Customer until paid. This Agreement and any extension of its term will be effective only upon payment of charges as provided herein.
10. TERMINATION - HUT PEST CONTROL LLC. liability under this Agreement will terminate and HUT PEST CONTROL LLC. will be excused from the performance of any obligations under this Agreement should 1). Customers allow another company and or operator to treat the subject structure(s) during any term hereof. 2). HUT PEST CONTROL LLC. be prevented or delayed from fulfilling its responsibilities under the terms of this Agreement by reasons or circumstances reasonably beyond HUT PEST CONTROL LLC. control, including, but not limited to, acts of any duly constituted government authority, strikes, acts of God, or refusal of Customer to allow HUT PEST CONTROL LLC. access to the structure(s) for the purpose of treatment or carrying out the terms and conditions of this Agreement.
11. SEVERABILITY- If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement will remain in full force and effect. HUT PEST CONTROL LLC. guarantees to deliver the quality of service. Any complaints about quality of which have not been resolved in the normal of business must be sent by registered letter to HUT PEST CONTROL LLC.’s main office listed on the Agreement. If the HUT PEST CONTROL LLC. fails to resolve any material complaint in a reasonable amount of time, Customer may terminate this Agreement provided prorated payment of Agreement is up to date on services rendered.
12. CANCELLATION- The terms of this Agreement are indefinite, and service will continue until cancellation as provided herein. Unless Customer notifies us that you wish to cancel it, we will automatically continue your services on an annual basis. (A) Your cancellation- You may cancel this Agreement by notifying us. Your notice is effective on the day we receive it. You will still be responsible for payment of all outstanding balances accrued through that effective date, in addition to any fees and charges incurred under this Agreement. (B) Our Cancellation- HUT PEST CONTROL LLC. can cancel your Agreement at any time if you fail to pay the amount owed to us when due, subject to any grace periods, breach, any other material provision of this Agreement, or act abusively toward our staff. In such case, you will be responsible for all outstanding balances accrued through that effective date.
13. ENTIRE AGREEMENT- This Agreement signed by HUT PEST CONTROL LLC. and Customer constitutes the entire Agreement between the two parties and no other representation or statement, neither oral nor written, will be binding upon parties.