Remedy Pest Control
Terms and Conditions of Service
The following Terms and Conditions of Service (“Terms”) shall apply to and exclusively govern the provision of pest control and other work and services (“Services”) by LFB Home Services, LLC dba Remedy Pest Control (“Company”) and the buyer of such Services as identified on a job order form (“Client”). These Terms, and Company’s accompanying job order constitute the entire agreement between the parties (“Agreement”) , and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. ANY WORK BY COMPANY IS LIMITED TO AND EXPRESSLY MADE CONDITIONAL ON CLIENT’S AGREEMENT TO THESE TERMS.
(a) Cooperate with Company in all matters relating to the Services and provide access to Client’s premises and other accommodation, such as appropriate sanitation and proper preparation, as necessary to ensure effective results from the performance of the Services.
(b) Provide such materials or information as Company may reasonably request so that Company may carry out the Services in a timely manner (including, but not limited to, information about the quantity, origin, and nature of known infestations, and the history of previous treatments). Client represents and warrants to Company that all information given to Company is correct, complete and accurate.
If Company’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Client, Company shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Client, arising directly or indirectly from such prevention or delay.
3. TERM. The term of the Agreement is set forth in the order (“Term”).
4. FEES AND PAYMENT.
(a) In consideration of the provision of the
Services by Company and the rights granted to Client under this Agreement, Client shall pay the fees set forth in the order. If fees are not established between Company and Client at the time the order is placed, Company’s standard rates (which are subject to change) shall apply and be payable by Client. Client shall be responsible for payment of all applicable taxes.
(b) Unless a shorter period is established in the order, Client shall pay all invoiced amounts due to Company not later than 30 days from the relevant invoice (the “Due Date”). In the event payment is not received by the Due Date, Company may charge interest on any unpaid amounts at the rate of 1.5% per month, or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid. If Client has not paid amounts due within 30 days of the Due Date, Company reserves the right to employ the services of a collection agency and/or attorney to collect amounts due, and Client agrees to pay to Company, in addition to other amounts due, all reasonable agency and attorney’s fees that Company incurs, including, without limitation, court costs.
5. TERMINATION & CANCELLATION. In addition to any remedies that may be provided under applicable law, Company may terminate this Agreement for cause with immediate effect upon written notice to Client, if Client (a) fails to pay any amount when due under this Agreement; or (b) has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part. Either party may terminate this Agreement for convenience or any reason upon thirty (30) day’s written notice to the other party, provided, however, that Client acknowledges that more time and treatments are required during the first months of the Term to bring pest problems under control than during the later months, and that these high initial costs are spread over the Term of this Agreement. For this reason, if Client terminates this Agreement prior the end of the Term, Client agrees to pay 50% of the remaining balance of fees that would otherwise be due for the remainder of the original Term within thirty (30) days of receipt of invoice. Termination of this Agreement for any reason shall not discharge either party’s liability for obligations incurred hereunder and amounts unpaid at the time of such termination.
1. PROVISION OF SERVICES. Company will provide the Services to Client as described in the order in accordance with these Terms.
2. CLIENT’S OBLIGATIONS. Client shall:
(c) Inform Company in advance of any known hazards or dangers, actual or potential, associated with the premises where Services are to be performed.
6. WARRANTY; DISCLAIMER. Company will exercise reasonable care and skill in the performance of the Services on the basis of the information provided by Client. UNLESS SPECIFICALLY AGREED IN WRITING BY COMPANY, COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE PREMISES TREATED WILL BE FREE FROM LIVE INSECTS OR INFESTATION AFTER THE PROVISION OF THE SERVICES AND COMPANY MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES FURNISHED HEREUNDER.
7. LIMITATION OF LIABILITY. COMPANY SHALL NOT BE LIABLE TO THE CLIENT FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY ACTS OR OMISSION ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY SUBCONTRACTORS OF COMPANY, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. COMPANY’S ENTIRE LIABILITY AND THE CLIENT’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES, OR ANY BREACH BY COMPANY OF ANY OBLIGATION COMPANY MAY HAVE UNDER THIS AGREEMENT, SHALL BE CLIENT’S ABILITY TO TERMINATE THE SERVICES OR TO OBTAIN THE REPLACEMENT OR REPAIR BY COMPANY OF ANY DEFECTIVE SERVICES. IN NO EVENT SHALL THE LIABILITY OF COMPANY IN RESPECT OF ANY CLAIM FOR LOSS, DAMAGE OR EXPENSE OF ANY NATURE EXCEED A TOTAL AGGREGATE SUM EQUAL TO THE AMOUNT OF THE FEES PAID IN RESPECT OF THE SPECIFIC SERVICE WHICH GIVES RISE TO SUCH CLAIM OR $1,000.00, WHICHEVER IS LESS. IN THE EVENT OF ANY CLAIM, CLIENT MUST GIVE WRITTEN NOTICE TO COMPANY NO LATER THAN 30 DAYS AFTER THE SERVICES HAVE BEEN RENDERED AND, IN ANY CASE, COMPANY SHALL BE DISCHARGED FROM ALL LIABILITY FOR ALL CLAIMS FOR LOSS, DAMAGE OR EXPENSE UNLESS SUIT IS BROUGHT WITHIN ONE YEAR FROM: (I) THE DATE OF PERFORMANCE BY COMPANY OF THE SERVICES WHICH GIVE RISE TO THE CLAIM; OR (II) THE DATE WHEN THE SERVICE SHOULD HAVE BEEN COMPLETED IN THE EVENT OF ANY ALLEGED NON-PERFORMANCE OF THE SERVICES.
8. SPECIAL TERMS APPLICABLE TO PEST CONTROL SERVICES. The following specific terms are
applicable to the Company’s provisions of pest control services:
(a) Company applies all products according to manufacturer’s specifications; however, if anyone (including pets) entering the premises is sensitive or has allergies to product(s) applied or product(s) odors, Company shall have no liability for damages or side effects caused by product(s).
(b) Company shall have no liability if anyone (including pets) entering the premises experiences sensitivity to pests, rodents, pest droppings, or rodent droppings.
(c) Pest control Services do not include treatment for, and Company shall in no event be responsible for: German roaches, bed bugs, fire ants, or hornets.
9. TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Services shall only be provided to the Client at the address set forth on the applicable order. Client may not transfer Client’s rights or obligations to the Services to any successor tenant or occupant or to any other address without Company’s prior written consent.
10. EXCLUSIVE REMEDIES. The remedies available and set forth herein are the sole and exclusive remedies available to the parties for a breach of these terms and conditions and of the Agreement and are in lieu of all other remedies available at law or in equity.
11. GOVERNING LAW; VENUE. This Agreement, and all claims arising under or relating to this Agreement or the Services, shall be governed by and construed solely and exclusively in accordance with the laws of the State of North Carolina. The parties agree that any dispute, claim, or action relating to or arising from this Agreement shall be brought solely and exclusively in the state or federal courts sitting in and for Mecklenburg County, North Carolina. Client waives all defenses of lack of personal jurisdiction and forum non conveniens. CLIENT WAIVES ALL RIGHTS TO A JURY TRIAL.
12. GENERAL. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. No waiver by either party of any default or breach by the other party will operate as or be deemed a waiver of any subsequent default or breach. This Agreement shall not be modified in any way except by a writing signed by an authorized representative of the parties.