1. LIMITATIONS OF LIABILITY
Averse Pest Control liability under this agreement is limited to treatment.
2. PERFORMANCE OF WORK
Averse Pest Control agrees to perform in a workman-like manner. Averse Pest Control will exercise care while performing any work hereunder to try to avoid damaging any part of the structure(s), plants or animals. Under no circumstances or conditions shall Averse Pest Control be responsible for damage caused by Averse Pest Control at the time the work is performed except those damages resulting from gross negligence on the part of Averse Pest Control .
3. CHANGE IN LAW
This Agreement shall be interpreted, regulated and adjudicated in accordance with applicable federal, state and local laws and regulations as they exist at the time this Agreement is executed. Should any federal, state and local law regulation change regarding Averse Pest Control services, Averse Pest Control is authorized to take whatever steps are necessary to be in compliance with said laws.
4. PAYMENT TERMS
The Customer agrees to pay Averse Pest Control invoices upon receipt. Averse Pest Control reserves the right to terminate this Agreement if payment is not received within thirty (30) days of the date invoiced. In the event legal action is necessary to collect any amount due Averse Pest Control shall be entitled to recover from Customer all reasonable cost of collection, including reasonable attorney’s fees and expenses, in addition to any outstanding amount due Averse Pest Control .
5. ENTIRE AGREEMENT & NOTICE OF CLAIMS
Attachment(s), if any together with this Agreement signed by Averse Pest Control and Customer at the time the Agreement is entered into, constitutes the entire Agreement between the parties and no other representation or statements, whether oral or written, will be binding upon the parties. Any claim under the terms of the Agreement must be made immediately in writing to Averse Pest Control .
6. SEVERABILITY & TRANSFERABILITY
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.
This Agreement shall terminate upon transfer of ownership of the described structure(s). A new Agreement may be issued by Averse Pest Control, to a new Purchaser provided the new Purchaser signs an Agreement as purchaser, and signs a diagram showing the condition of structure(s) at transfer, a fee is paid to cover administrative cost of transfer, the expiration date remains the same as under the original Agreement, and payment of a renewal fee as established by Averse Pest Control .
7. RENEWAL OF THE AGREEMENT
If either parties wish not to renew the agreement, the other party must be notified of this in writing at least thirty (30) days before the end of the agreement period. If such notice has not been given, the Agreement will be renewed according to the renewal terms set forth in the agreement. Averse Pest Control reserves the right to increase the service price, as costs go up or additional services are added, without prior notification. Typically the customer will receive notice of this by mail or by phone.
8. BINDING ARBITRATION
In the event of a dispute between Averse Pest Control and/or its employees and Customer arising out of or relating to this Agreement, including but not limited to the interpretation of the terms and conditions of this Agreement, the making of the Agreement, or breach of any provision of this Agreement, the parties hereby expressly agree to submit their dispute to binding arbitration for resolution in accordance with the rules and requirements of the American Arbitration Association. The parties acknowledge and understand that by agreeing to submit their dispute to binding arbitration they are effectively waiving their right to trial by jury as a means of resolving disputes. Furthermore, the parties acknowledge that they desire to arbitrate any dispute arising from this agreement in an effort to resolve such dispute(s) quickly and avoid the costs of litigation. Judgment upon such arbitration award may be entered in any court having jurisdiction. Each party shall be responsible for paying any attorney’s fees, expert witness’ fees and other expenses it incurs on its behalf in connection with the arbitration, plus one half the arbitrator’s fee and one half of any expenses incurred by the arbitrator, and the award shall assess the arbitrator’s fee and expenses accordingly.