Service Specific Terms and Best Practices
Service Commitment for Mosquito Management
Waynes Pest Control agrees to provide the most effective pest management services and products to help reduce mosquito populations in accordance with the Terms and
Conditions of this Service Agreement. This program is designed to help reduce the mosquito populations by treating the nesting and breeding sites around your property.
Waynes does NOT guarantee mosquitoes will not be found on your property during the service period. Purchaser must take additional precautions for protection when outside to prevent contracting mosquito-borne illness or disease.
Termite Retreatment Commitment
During the term of this Agreement, and subject to the graph and Terms and Conditions, Waynes will provide treatment to areas of the structure in which live ground-borne native eastern subterranean termites (Reticulitermes flavipes spp.) and ground-borne Formosan termites (Coptotermes Formosanus spp.) are discovered provided:
a. the termites are discovered after the date of this Agreement and during the Agreement term,
b. all fees have been paid on a timely basis, and Purchaser has met all other Obligations as stated below. Waynes cannot guarantee termites will not appear or return. During the term of this Agreement, any further Bait Station treatment or targeted conventional product application found necessary by Waynes to control termites will be performed free of charge, except as noted below.
Termite Repair Commitment
a. During the term of this Agreement, and subject to the graph and Terms and Conditions, Waynes will repair, replace, pay for or reimburse Purchaser for new actual termite damage to the structure, as described on the graph drawn at the time of the date of this Agreement, including structural components, floor/wall coverings, and contents, provided:
b. Waynes sees live ground-borne native eastern subterranean termites (Reticulitermes flavipes spp.) and ground-borne Formosan termites (Coptotermes Formosanus spp.) and new* actual termite damage after the Agreement date, and during the term of this Agreement,
c. all fees have been paid on a timely basis,
d. Waynes verifies the damage before alteration, removal or destruction and authorizes the repair and cost thereof, and Purchaser has met all other Obligations as stated below. Subject to the Terms and Conditions of this Agreement, Waynes offers full replacement and repair of actual termite damage only, up to $1,000,000. Cost of replacement or repair of exterior coverings removed for exploratory purposes by customer without Waynes prior consent is not included in this warranty unless said exterior material also sustained actual termite damage. *“New damage” is defined as actual termite damage caused by ground-borne native eastern subterranean termites (Reticulitermes flavipes spp.) and ground-borne Formosan termites (Coptotermes Formosanus spp.) after the date of this Agreement. If live termites are not discovered, the damage will not be considered “new” and will not be covered. Therefore, visible or hidden damage existing prior to or at the time of the Agreement will not be covered. Because such damage may be present in areas inaccessible to visual inspection, other damage may exist beyond that indicated on the graph. However, if the structure has been under a continuous Agreement with Waynes from the date of the original construction, covered termite damage will be considered “new” damage.
Purchaser’s Understanding of the Performance of Bait Stations
Purchaser understands the following: The Manufacturers bait station involves an initial inspection (as well as annual recurring inspections), installation of the stations, monitoring for termite activity, colony reduction or elimination with bait (which prevents worker termites from molting) and subsequent monitoring and baiting. Several months or more should be expected between installation and colony reduction or elimination. During that time, termite feeding within the structure should be expected to occur, causing additional structural damage. Additional services such as targeted termiticide and above-ground bait stations are available to combat termite activity on a localized, short-term basis.
Ownership of Bait Station Components
All bait station components are and will remain property of the manufacturer. Purchaser has no rights to the components, other than the right to their use as installed under this Agreement. Upon termination of this Agreement, Purchaser shall allow Waynes to retrieve the components for appropriate disposition. NOTE: The bait stations have NO residual effect and infestation is possible after the removal of the bait or the stations. If Waynes ceases to use the baiting systems, Waynes will offer Purchaser the alternatives of using a different system of termite protection (if available) or discontinuing this Agreement without further responsibility, obligation or liability. Purchaser agrees to grant Waynes reasonable access to the premises for retrieval of the components. Inspections of the stations by Waynes is a necessary part of the system’s defense against termites. Your home will not be adequately protected by bait stations only without inspections and replenishment of bait as needed.
Pest Prevention
For the fees indicated, Waynes agrees to provide pest prevention services within 10 feet of the structure for common household insects such as ants, 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.
SMART
SMART is a proactive home system with continuous rodent activity monitoring. Some SMART devices detect activity through a passive infrared response and others eliminate rodents. These devices are not cameras. The SMART system provides additional rodent control through a non-toxic, sustainable approach. The system will remain property of Waynes and Purchaser has rights only to its use as used under this Agreement. Upon this Agreement’s termination, Purchaser shall allow Waynes to retrieve all SMART system components. Children should not be allowed to touch SMART components. Purchaser will be responsible for replacement costs of damaged components. Purchaser will be charged a fee of $199 if SMART devices are not retrieved within 30 days of cancellation.
Fall Invaders
The Fall Invader service helps reduce the number of Boxelder bugs, Kudzu bugs, Lady bugs, and Stink bugs around a structure. The program is available during August through October. This service provides a product application to the exterior of the structure. Interior service may be requested at an additional fee.
Carpenter Bee Management
The Carpenter Bee Management service is a repellent and direct contact treatment for Carpenter Bee’s on wooden surfaces around a structure. This service is available during April through August. This service provides a product application to the exterior of the structure. This service does not prevent free flying insects from flying around a structure.
Lawn Care
(a) Fertilization and Weed Control – Target lawn areas will be fertilized to maintain optimal growth and color. Weed control will primarily be managed through the application of pre-emergent herbicides. Visible weeds will be treated using post-emergent herbicides. All products applied will be legally approved and labeled for use at the service site and target pest.
(b) Insect and Disease Control – Lawns will be visually inspected during scheduled visits for general turf conditions. If pest activity or disease concerns are observed,
recommendations for additional services may be provided.
LIMITATION OF LIABILITY
Treatment of Dallisgrass is a targeted application using a nonselective herbicide which might cause damage to desirable turfgrass adjacent to the treatment site.
Purchaser understands Waynes will not be responsible or liable for any such desirable turfgrass injury resulting from this treatment and Purchaser agrees to waive any claim for such resulting damage.
Tree and Shrub
(a) Fertilization and Insect and Disease Control – All shrubs and groundcover areas will be fertilized to maintain optimal growth and color and will be inspected for insects and diseases which may damage existing plants. If a problem is identified, a fungicide or insecticide will be applied to control the pest. All products to be applied will be legally approved and recommended for use on the site and target pest. Treatment or application of products to fruit-bearing trees is NOT included.
Lawn Aeration
(a) Aeration and Overseed (Fescue) – Fescue lawns will be aerated and overseeded with Fescue seed once per season in early fall. In order to ensure the success of the application several important steps must be taken by Waynes and the Purchaser. Before the seed is applied to the existing grass, Purchaser should mow the grass low to allow the seed to fall down through the grass and make good contact with the soil. Purchaser should water in advance of aeration. Once the area has been aerated and overseeded, it must be immediately watered with continued watering daily for 14 straight days. Then water every other day. The lawn does not need to be mowed for at least 21 days. The new seedlings still need to be watered to prevent them from drying out. Every precaution will be taken by Waynes to ensure a successful seed germination but germination cannot be guaranteed nor is it covered under this warranty.
(b) Aeration (Warm Season Turf) – Warm season grasses like Bermuda and Zoysia respond well to aeration. This helps break up the soil compaction and allows air and water access to the turf’s roots to encourage growth. Aeration works best when the turf is actively growing and is performed in late spring and early summer. To ensure the best success the lawn should be watered 2-3 days prior to the aeration.
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 without prior notification. Entering into this Service Agreement does not obligate Waynes to agree to requests for other services. Any cancelation made less than the 12 month agreement will result in an early cancelation fee of $99. Notwithstanding the foregoing, PROMOTIONAL (“PROMO”) agreements shall be subject to a 24-month initial term. Any cancellation of a PROMO agreement prior to the expiration of the 24-month term will result in an early cancellation fee of $199.
Purchaser’s Obligations
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.
Insurance
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.
Unforeseen Circumstances
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 REMEDIES SPECIFIED ABOVE.
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.