RELATED PARTIES:
By executing this contract, the customer (the “Customer”) acknowledges and understands that they are entering into a contract with Eco Pest Solutions, LLC, dba Environmental Pest Control, (the “Company”) and agrees to abide by the terms and conditions set forth in this agreement and all Master terms.
DEFAULT:
The Customer is in default of this agreement for any of the following: (i) their account is past due for failure to pay any current or past due invoice(s) (ii) failure to allow the Company or the Company’s agents to access the property in a timely fashion to resolve any pest issues (iii) concealing information regarding to the extent of damage on the property. In the event of default, any warranty (if applicable) provided as part of this agreement is null and void and the Company has the right to terminate agreement, and charge customer the early termination fee with the payment information on file. Any reasonable Attorney’s fees and cost of collection shall be paid by the Customer. Interest at the highest legal rate will be assessed for the period of delinquency.
RIGHT OF RESCISSION:
The Customer may cancel this contract, for any reason, before midnight on the 3rd day from execution of this agreement per the Federal Trade Commission “cooling-off period”. However, no contract can be canceled made as part of the customer's request for the seller to do repairs or maintenance on the customer's personal property.
INDEMNIFICATION:
To the extent permitted by law, the Company and Company’s Agents shall not be liable to Customer, Customer’s Agents, Customer’s clients, assignees, subtenants or guests, or to any other person or entity for whom Customer is responsible for any current or future loss or damage to property or business. Customer shall indemnify, save harmless and defend Company and Company’s Agents from and against all present or future claims, damages (including indirect and consequential damage), costs, liabilities, losses and the like (including without limitation reasonable legal fees, court costs and the like) incurred in connection with loss of life, bodily injury and damage to property (including without limitation the property and person of Customer and Customer’s Agents) arising from or relating to the following: (i) present or future pest, rodent, or wood destroying insect damage whether visible or hidden (ii) any occurrence in, on or about the Premises (iii) Customer’s use or occupancy of the Premises, or (iv) any act or omission of Customer, Customer’s Agents, clients, assignees, subtenants or guests, or attributable to property of the Customer.
WAIVER OF SUBROGATION:
The Customer agrees to save and hold Environmental Pest Control, including its managers, owners, officers, and employees harmless for any and all present or future property and/or liability losses, demands, damages, settlements, or awards. Furthermore, the Customer agrees to waive their property and/or liability insurance company’s rights of subrogation against the Company, including its managers, owners, officers, and employees from any and all property claims, demands, damages, payments, settlements, or awards.
TERMITE:The Company’s termite services, including any termite warranty, cover subterranean termites only and specifically excludes dry wood termites from any service, coverage or warranty. The following voids a termite warranty: a) disturbing the soil in anyway within one foot of the foundation(s) of the property, b) any water leaking, for whatever reason, in treatment area. DISCLAIMER: Because damage may be present in areas which are inaccessible to visual inspection, the Company does not guarantee that the damage disclosed on the inspection graph represents all of the existing damage and the Customer holds The Company harmless for any liability relating to unseen termite damage. It is required that every property receive a liquid booster treatment every 7 years in order to continue termite warranty coverage.
