For the fees indicated, Waynes agrees to provide pest prevention services within 10 feet of the structure for common household insects such as ants, rodents, roaches, spiders, and occasional invaders. Treatments beyond 10 feet may be added at an additional price. This Agreement does not include protection for specialty service insects such as wood-destroying organisms, bed bugs, fleas and ticks or fall invading insects.
Term and Renewal
Subject to its Terms and Conditions, this Agreement will be in effect for 12 months from the date of execution, subject to Purchaser’s obligations, and continue on a month-to-month basis by mutual consent thereafter by timely payment of the fees. On that basis, the Agreement will be renewed automatically and continuously unless the structure fails to qualify for this warranty, Purchaser fails to fulfill the obligations herein or either party gives notice of non-renewal at least 30 days prior to the next renewal date. Prior to termination, both parties shall be entitled to cure any deficiency of performance or payment within 30 days of being notified of deficiency. Fees will not be prorated should the Service Agreement be canceled. Waynes reserves the right to adjust the service fee after the first year. Entering into this Service Agreement does not obligate Waynes to agree to requests for other services.
For the commitments of Waynes to become effective and Waynes obligated and liable therefore, the Supervisor Approval box must be checked and Purchaser must fulfill each Obligation stated below. If Purchaser fails to fulfill these Obligations, Waynes reserves the right to terminate this Agreement in its entirety without further notice, obligation or liability on its part.
(a) Payment for Services. Payment is due upon receipt of invoice. Waynes Obligations herein are conditioned upon the timely payment of all fees. Waynes may terminate this Agreement if payment is not received within thirty (30) days of the due date. After 60 days, service will be suspended until delinquent invoices have been paid. A surcharge in the maximum amount allowed by state law will be added to returned checks and ACH withdrawals and the highest amount allowed by law will be charged for reversed credit/debit card charges and late payments. Should nonpayment require Waynes to take action to collect the debt, Purchaser agrees to pay all collection costs, including but not limited to, collection and attorneys’ fees and court costs, along with an interest rate on the unpaid balance at the highest legal percentage. Any amount paid shall become the Waynes property as liquidated damages hereunder.
(b) Access to Property. Purchaser is exclusively responsible for making the property and structure accessible for services, inspections, and treatments, as Waynes deems necessary, and free from any concealed, unforeseen materials or conditions, and making access safe from pet interference and escape. If Purchaser’s failure to cooperate with Waynes prevents Waynes from timely service, inspection or treatment, Waynes reserves the right to terminate this Agreement in its entirety without further notice, obligation or liability on its part.
(c) Concealed Conditions. Purchaser shall be responsible for locating and flagging all onsite irrigation, water, gas, electric, communication lines and all other lines. Damage to such lines will be the responsibility of Purchaser. If undisclosed, improperly marked, unseen or unforeseeable conditions, including but not limited to buried rock, are discovered below the surface or otherwise which result in an increase of cost or time to Waynes, Purchaser shall be responsible for payment to Waynes for those incurred costs. Conditions which require excavation and excavation equipment to remove will be paid by Purchaser.
Waynes shall maintain general liability insurance, automobile liability insurance, and Worker’s Compensation insurance. Purchaser shall maintain all risk extended property damage coverage for Purchaser’s personal and real property, including materials for performance of this Agreement. Purchaser’s policy shall include coverage for fire, natural disaster, Acts of God, and other casualty, physical loss or damage, theft, vandalism. Purchaser shall not make a claim against Waynes for a loss, damage, liability, or cost which is covered by said insurance. Certificates of insurance will be provided upon request.
Waynes reserves the right to adjust the Fee or terminate this Agreement and its responsibilities and liabilities hereunder, should Waynes be hindered or prevented from fulfilling its obligations by circumstances reasonably beyond its control, including, but not limited to, Acts of God, war, terrorism, civil unrest, changes in laws or regulations, strikes, embargoes, shortages or increased costs of fuel or materials or Purchaser’s failure to cooperate with the services Waynes deems appropriate. Waynes shall be excused for any delay beyond its reasonable control.
Limits of Liability
Waynes will take every effort while performing its work to avoid damaging Purchaser’s property, plants and animals. Purchaser should understand utility pipes and lines (water, gas, irrigation, sewer, heating, electrical, etc.) may interfere with Waynes obligations hereunder. If a pipe or line is damaged, the total expense will be the responsibility of Purchaser. Waynes shall have no responsibility or liability for side effects, injury or illness caused by the Manufacturer’s product or products’ odor, or bites or stings from insects, spiders, rodents, beetles or any other wildlife. Upon request, Waynes will provide Purchaser a copy of the applicable product label. Waynes is not responsible or liable for fire ant activity beyond 10 feet of the structure unless Purchaser enters into a Fire Ant Management Service Agreement.
TO THE FULLEST EXTENT PERMITTED BY LAW, WAYNES WILL NOT BE LIABLE FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS OF USE, LOSS OF INCOME OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES, ARISING FROM THIS SERVICE AGREEMENT OR OTHERWISE. WAYNES SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. WAYNES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LABOR COSTS AND WILL NOT BE LIABLE FOR NON-ECONOMIC DAMAGES, DIMINUTION OF GOODWILL OR LOSS TO REPUTATION ARISING FROM THE PERFORMANCE OF THIS AGREEMENT, FROM ANY BREACH OF THIS AGREEMENT, OR FROM ANY OTHER CAUSE WHATSOEVER. THE EXCLUSIVE REMEDY OF THE BUYER FOR ANY AND ALL LOSSES, INJURIES OR DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY PURCHASER. THE LIMITATIONS SET FORTH IN THIS AGREEMENT REGARDING THE LIABILITY OF WAYNES SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED
No agents of Waynes are authorized to make any warranties beyond those contained herein or to modify the warranties contained herein. Except as to those limitations of liability, no persons other than the contracting party shall be deemed to be third party beneficiaries of this Agreement. Liability of Waynes is limited to the term of the agreement and any renewal thereof. Any claims pertaining to the services provided by Waynes pursuant to this Service Agreement shall be made in writing to Waynes during the term of this Agreement. Should you have concerns related to your service, please call us at 866.WAYNES.1 so we may help.
Entire Agreement and Alteration
This Agreement and any attached graph constitute the parties’ complete Agreement and it may not be altered, oral or otherwise, without prior written and signed authorized consent of both parties. However, if a signed Proposal is submitted with this Service Agreement, it shall become an integral part of this Service Agreement. If any part of this Agreement is held to be invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect.
Choice of Law
This Agreement shall be constructed and enforced in accordance with the laws and regulations of the State in which the structure is located as they exist at the time this Agreement is executed. Should any law or regulation change regarding the services or treatment provided by Waynes hereunder, Waynes may take the necessary steps to comply.