GENERAL TERMS AND CONDITIONS
-
Service Commitment; Compliance:
Economy Exterminators, Inc. (the Company) will conduct all services included in the foregoing Pest Control Agreement in compliance with all applicable federal, state, and local laws, rules, and regulations, and all applicable recommendations contained in the label provided by the manufacturers of the chemicals and treatment products used by the Company. The Pest Control Agreement and these General Terms and Conditions shall be collectively referred to hereafter as the Agreement. As used herein, the Property shall mean the treatment location referenced in the Pest Control Agreement and on the applicable Property Diagram/Site Plan. -
Chemical Sensitivity:
At Customer’s request, the Company will provide information about the chemicals to be used during treatment. If any member of Customer’s household is or may be sensitive to chemicals or chemical odors, Customer should consult with a doctor before chemicals are applied in, on, or under Customer’s structure. -
Interest/Fees:
Unless otherwise expressly provided in this Agreement, all amounts due from Customer shall be paid within thirty (30) days after Customer’s receipt of an invoice issued by the Company. Interest will be charged at 18% per annum on all payments more than 30 days past due. Fees for returned checks will be charged as permitted under state law. Upon default in the payment of any installment due under this Agreement for more than thirty (30) days, the Company may declare the entire balance due and payable with interest to be calculated at eighteen (18) percent per annum from the date of the Agreement. In addition, the Customer, upon such default, will be liable for any and all costs of collection, including (when permitted by law) reasonable attorney’s fees if this Agreement is referred to an attorney for collection. Default in the payment of any installment due under this Agreement for more than sixty (60) days will automatically terminate this Agreement and the Company shall have no further liability whatsoever hereunder, but the Company shall nevertheless retain all of its rights and remedies arising from Customer’s default.Customer hereby acknowledges that, upon performance by the Company, its successors or assigns under this Agreement, Customer is indebted to the Company according to the terms set forth herein for work performed on the Property by the Company. Customer is notified hereby that the Company may claim a lien upon said Property for the materials furnished and work performed by the Company for any unpaid balance due under this Agreement.
-
Cancellation; Rescheduling:
Either party may terminate this Agreement (including, without limitation, the Warranty) as of the next renewal date of the Agreement. The Customer may cancel by providing written notice to the Company or by failing to pay the applicable renewal fee by the due date. The Company may cancel by written notice to the Customer. Any applicable warranty is transferable to subsequent property owners only with the express consent of Company and may require a transfer fee and new agreement. Customer understands that more time and treatments are required during first months of the treatment cycle and these higher costs are spread over the initial term. For this reason, Customer agrees to pay 60% of the remaining balance owed at the time of cancellation if this Agreement is cancelled prior to expiration of initial term. If Customer reschedules the service less than 48 hours before the scheduled treatment, Customer will be charged a $100.00 rescheduling fee.For one-time treatment: Cancellation Fee: If Customer cancels less than 48 hours before the scheduled treatment, Customer will be charged a $300.00 cancellation fee, which would be payable immediately.
-
Service Exclusions and Limitations:
Except as otherwise stated in this Agreement, Customer understands that this Agreement does not include the treatment of entire yards or prevention of wood infesting insects and organisms, termites, wood decay fungus, honeybees, flies, lady bugs, fabric pests, stink bugs, kudzu bugs or bed bugs. NC Wood Destroying Insect Information Reports are available by request at an additional charge.- If included, fire ants will be treated within a 30-foot diameter around the designated structure(s). Any additional coverage in the surrounding area will require an additional charge.
- Carpenter Bees, Yellow Jackets, Hornets: Nests at a height of up to 6 feet from the ground will be included under this Agreement. Nests higher than 6 feet will require an additional charge due to the fact that 2 service technicians will be required for ladder safety.
- The Company shall not be responsible for the repair of any damage which existed in areas or in structural members which were not accessible to visual inspection as of the date of this Agreement.
- If treatment includes fungi control (moisture control) it is limited to the substructure of the Property. The Company shall not be responsible for infestations resulting from mechanical defects or inadequate soil drainage of the Property which allow direct water contact with wood members or standing water near or beneath the Property.
- If treatment includes powder post beetles, treatment applies only to foundation and substructure areas. The Company shall not be responsible for damage above these areas.
-
Mold Excluded:
Moisture conditions in and around structures can be conducive to household pests and wood destroying insects and may also favor the growth of molds and mildew. Mold is not a wood destroying pest as defined by the National Pest Management Association (NPMA), and the Company is not trained to recognize molds. For mold inspections, contact the applicable Public Health Department or a Certified Industrial Hygienist. -
Customer Commitments:
Customer agrees to:- Provide the Company access to all areas of the Property needed to perform service during regular business hours, Monday–Friday from 8:00–5:00.
- Promptly correct sanitation and structural deficiencies noted by the Company.
- Not move, destroy, or alter any bait stations, fly lights, etc. placed or installed by the Company.
- Authorize use of Customer’s water and electricity for treatment; Customer warrants plumbing and electrical systems are in working order. The Company is not responsible for damage caused by defective or malfunctioning plumbing or electrical systems.
-
Property; Equipment:
All equipment used by the Company and left on the Customer’s Property remains property of the Company and is considered leased to the Customer subject to this Agreement. -
Disclaimer of Warranties; Limitation of Liability:
To the fullest extent allowed by law, the Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer releases the Company and its representatives from liability for any claim for personal injury (including stings or bites and disease or illness caused by pests) or property damage (including the structure or contents) caused by pests, whether past or future, known or unknown. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, STATUTORY, PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES. Any claim by Customer must be made in writing within one year of the incident or it will be deemed waived. -
Force Majeure:
The Company shall not be responsible for any loss, damages, delays, or failures to perform under this Agreement caused by earthquakes, storms, fires, floods, or other acts of God, pandemic, epidemic, or a material change in circumstances, including acts of war, strikes, inaccessibility of the Property, or the unavailability of pesticides or other supplies from ordinary sources, or other causes beyond the Company’s control. -
Indemnification:
Customer agrees to defend, indemnify, and hold harmless the Company and its representatives from any and all claims, losses, penalties, damages, expenses (including reasonable attorney’s fees), settlements, costs, charges and liabilities of every kind and nature arising out of or related to this Agreement or the services provided, except to the extent arising out of the Company’s gross negligence or willful misconduct. -
Mediation/Arbitration:
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE SERVICES PERFORMED BY THE COMPANY UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT, WHETHER ARISING BEFORE OR AFTER EXECUTION, TRANSFER, OR ACCEPTANCE, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, ARBITRATION SHALL BE ADMINISTERED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND CONDUCTED BY A SINGLE AAA ARBITRATOR CHOSEN BY THE PARTIES IN WAKE COUNTY, NORTH CAROLINA, UNLESS THE PARTIES AGREE OTHERWISE. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAW APPLICABLE TO THE CLAIM, INCLUDING THIS AGREEMENT’S TERMS. NO ARBITRATION UNDER THIS AGREEMENT WILL BE CONSOLIDATED OR JOINED WITH ANY OTHER ACTION, NOR PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR SIMILAR REPRESENTATIVE ACTION. THE AWARD SHALL BE FINAL AND BINDING, AND JUDGMENT MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE ARBITRATION, THE PARTIES AGREE TO AT LEAST FOUR (4) HOURS OF MEDIATION UNDER THE AAA COMMERCIAL MEDIATION PROCEDURES. NOTWITHSTANDING THE FOREGOING, DISPUTES WITHIN THE JURISDICTION OF SMALL CLAIMS COURT MAY BE BROUGHT IN WAKE COUNTY SMALL CLAIMS COURT. -
Governing Law:
This Agreement shall be governed by and construed under the laws of the State of North Carolina, without regard to conflicts of laws principles. Litigation, if any, will be conducted in state court in Wake County, North Carolina, and the parties agree and submit to such jurisdiction and venue. -
Entire Agreement; Acknowledgement:
Customer acknowledges that the only terms and conditions of this Agreement are those stated within this document (including any attachments, diagrams, instructions, and other documents provided to Customer related to the services provided under this Agreement) and that there are no other terms or provisions which apply other than those printed herein. If any provision or portion of this Agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part of this Agreement. Provided, however, that as to the paragraph on arbitration and mediation, if the provision precluding the arbitrator from conducting an arbitration proceeding as a class, representative or private attorney general action is found to be invalid or unenforceable then the entirety of the arbitration and mediation paragraph shall be deemed deleted from this Agreement.
