GENERAL TERMS AND CONDITIONS
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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. -
Electronic Transactions:
Customer acknowledges and agrees that the parties may conduct transactions by electronic means. If Customer does not wish to proceed with a transaction by electronic means, Customer must provide prior written notice to Company stating its election not to engage in electronic transactions. Unless and until such notice is received, Customer agrees that the Company may rely on electronic signatures, records, and communications as valid and binding. Company shall provide Customer with non-electronic versions of this Agreement and associated documents. -
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 treated Property for the materials furnished and work performed by the Company for any unpaid balance due under this Agreement.
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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.
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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 in this Agreement, 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: Carpenter bees’ nests, yellow jackets’ nests, and 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 under this Agreement includes the control of fungi (moisture control) it is additionally understood that the control and/or prevention of infestations and damage by fungi shall be limited to the substructure of the treated Property. The parties agree that the Company shall not be responsible for any infestations of fungi resulting from conditions due to mechanical defects or inadequate soil drainage of the treated Property which, now or in the future, allow either direct water contact with wood members or standing water near or beneath the treated Property.
- If treatment under this Agreement includes the control of powder post beetles, it is further understood that infestations and/or damage of powder post beetles may exist now or in the future in areas of the treated Property above the foundation and ground level substructure thereof, and that treatment for this pest by the Company is to be applied only to said foundation and substructure area. Consequently, the parties agree that the Company shall not be responsible for damage caused by, or the control and/or prevention of, powder post beetles that exist at any time above the foundation and substructure area of the treated Property.
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Mold Excluded:
Moisture is a condition found in varying degrees in most structures. Moisture conditions in and around structures can be conducive to a variety of household pests and wood destroying insects. Moisture conditions can also provide an environment favorable to 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 in recognizing the presence of molds. For an inspection for the presence of molds or related conditions at the Property, Customer should contact the applicable Public Health Department or an appropriately trained Certified Industrial Hygienist. -
Customer Commitments:
Customer agrees to:- Provide the Company with 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 notated by the Company.
- Not move, destroy, or alter any bait stations, fly lights, etc. placed or installed by the Company.
- Authorize the Company to use Customer’s water and electricity in connection with the treatment performed under this Agreement. Customer warrants that the plumbing and electrical systems on Customer’s Property are in working order and not defective. The Company shall not be responsible for any damage to the Property, its contents, or otherwise caused by defective or malfunctioning plumbing or electrical systems.
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Property; Equipment:
All equipment used by the Company and left on the Customer’s Property shall remain property of the Company and such equipment shall be 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 expressly releases and discharges the Company, its directors, officers, employees, agents, and representatives from liability for any claim for personal injury (including without limitation stings or bites from any pests and disease or illness caused by or allegedly caused by any pests) or property damage (to include the structure or contents) caused by or allegedly caused by any pests, which has occurred in the past or may occur in the future, and whether known or unknown. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT 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 for damages must be made in writing within one year of the incident at issue or any such claim will be deemed waived. -
Force Majeure:
The Company shall not be responsible for any loss, damages, delays, or failures to perform under this Agreement occasioned by earthquakes, storms, fires, floods, or other acts of God, pandemic, epidemic, or by a material change in circumstances, including but not limited to acts of war, strikes, inaccessibility of the Property, or the unavailability of pesticides or other supplies from ordinary sources, or by any other causes beyond the control of the Company. -
Indemnification:
Customer agrees to defend, indemnify, and hold harmless the Company, its directors, officers, employees, agents and representatives, from and against any and all claims, lawsuits, losses, penalties, damages, expenses (to include reasonable attorney’s fees), settlements, costs, charges and liabilities of every kind and nature arising out of or relating to any and all claims, demands, obligations, actions, proceedings or causes of actions of every kind and character, including injury to person or property of whatsoever kind and nature, arising out of or related to this Agreement or the services provided hereunder, except to the extent arising out of the Company’s gross negligence or willful misconduct. -
Mediation/Arbitration:
THE PARTIES AGREE THAT, IF THEY ARE UNABLE TO RESOLVE A DISPUTE BETWEEN THEMSELVES ARISING OUT OF OR RELATED TO THIS CONTRACT OR THE BREACH OR INTERPRETATION THEREOF, THEN THE PARTIES AGREE TO TRY IN GOOD FAITH TO SETTLE THE DISPUTE BY MEDIATION OVERSEEN BY ONE NEUTRAL MEDIATOR WITHIN 60 DAYS AFTER A PARTY HAS GIVEN NOTICE OF THE DISPUTE TO THE OTHER PARTY. IF MEDIATION IS UNSUCCESSFUL, SUCH DISPUTE SHALL BE SUBMITTED TO BINDING AND CONCLUSIVE ARBITRATION IN WAKE COUNTY, NORTH CAROLINA, IN ACCORDANCE WITH THE NORTH CAROLINA UNIFORM ARBITRATION ACT. IF THE PARTIES CANNOT AGREE ON A SINGLE ARBITRATOR, THEN EACH PARTY SHALL APPOINT AN ARBITRATOR, AND THE TWO APPOINTED ARBITRATORS SHALL SELECT A SINGLE ARBITRATOR TO HANDLE THE DISPUTE. THE ARBITRATOR SHALL FOLLOW THE APPLICABLE FEDERAL OR NORTH CAROLINA LAW REGARDING THE MATTER THAT IS THE SUBJECT OF THE ARBITRATION. ANY DECISION OF THE ARBITRATOR SHALL BE FINAL AND CONCLUSIVE ON ALL PARTIES; THERE SHALL BE NO APPEAL THEREFROM OTHER THAN FOR FRAUD OR MISCONDUCT; AND JUDGMENT UPON SUCH DECISION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE MATTER, OR APPLICATION MAY BE MADE TO ANY SUCH COURT FOR CONFIRMATION OF SUCH DECISION, FOR A JUDICIAL ACCEPTANCE THEREOF, FOR AN ORDER OF ENFORCEMENT, OR FOR ANY OTHER LEGAL REMEDIES WHICH MAY BE NECESSARY TO EFFECTUATE SUCH DECISION. THE PARTY SEEKING ARBITRATION SHALL PAY THE APPLICABLE FILING FEE; THEREAFTER, EXPENSES OF THE ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES TO THE ARBITRATION, PROVIDED THAT EACH PARTY SHALL PAY FOR AND BEAR THE COST OF ITS OWN EXPERTS AND LEGAL COUNSEL. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF A DISPUTE IS WITHIN THE JURISDICTION OF SMALL CLAIMS COURT, EITHER OF THE PARTIES MAY (INSTEAD OF ARBITRATION) CHOOSE TO TAKE THE DISPUTE TO SMALL CLAIMS COURT IN WAKE COUNTY, NORTH CAROLINA. -
Governing Law:
This Agreement shall be governed by and construed under the laws of the State of North Carolina, without regard to its conflicts of laws principles. In the event of any litigation between the parties, such litigation will be conducted in state court in Wake County, North Carolina, and the parties hereby 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 provide 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 to be deleted from this Agreement.
