Terms & Conditions

1. FUTURE DAMAGE. Grace & Mercy is not responsible for and does not guarantee present or future damage to the building or contents or provide for the repair or replacement thereof. This agreement does not provide for the control of termites, fungus, beetles, or any other pests not indicated herein. This plan does not guarantee, and Grace & Mercy does not represent, that covered insects will not return to the Property.

 

1. PURCHASER’S RESPONSIBILITY.  Your cooperation is important to ensure the most effective results from Grace & Mercy’s service. Whenever conditions conducive to the breeding and harborage of pests are reported in writing by Grace & Mercy, and not corrected by you, Grace & Mercy cannot assure satisfactory service. If the conditions noted by Grace & Mercy are not corrected as required, all guarantees in this agreement shall automatically terminate and be canceled. Further, additional treatments in areas of such conditions that are not corrected as required shall be paid for by the customer as an extra service charge.

 

1. NOTICE OF CLAIMS/ACCESS TO PROPERTY. Any claim arising out of this Agreement must be made in writing by Purchaser to Grace & Mercy during the term of this Agreement. Purchaser must allow Grace & Mercy access to the identified property for any purpose contemplated by this Agreement. The failure to promptly allow Grace & Mercy such access will terminate this Plan without further notice.

 

1. NON-PAYMENT/DEFAULT. The obligation of Grace & Mercy hereunder is conditioned upon payment in full of the Initial charge and all regular service charges, and failure to pay such charges shall cancel this Plan in its entirety and discharge Grace & Mercy of any liability, and any amount paid shall become the property of Grace & Mercy.

 

1. DISCLAIMER.

   1. FORCE MAJEURE. The liability of Grace & Mercy under this Agreement will be terminated if Grace & Mercy is prevented from fulfilling its responsibilities under the terms of this Agreement by reason of delays in transportation, shortages of fuel and/or materials, strikes, embargoes, fires, floods, quarantine restrictions, earthquakes, hurricanes, or any other act of God or circumstances or cause beyond the control of  Grace &Mercy. Grace & Mercy reserves the right to adjust the service charge in the event of any such occurrence or happenings.

   2. OTHER INSECTS/ORGANISMS. This Agreement provides for treatment and re-treatment for pests indicated herein. This Agreement does not provide for treatment of subterranean (ground) termites (Reticulitermes spp., Heterotermes spp., Coptotermes spp.) drywood termites. (Kalotermes spp., Incisitermes spp., Cryptotermes spp.), carpenter ants, beetles, fungi or any other wood destroying organisms.

   3. CHANGE IN LAW. Grace & Mercy performs its services in accordance with the requirements of federal, state and local law. In the event of a change in existing law as it pertains to the services herein. Your Company Name reserves the right to revise the service charge or terminate this Agreement. EXCEPT AS OTHERWISE PROHIBITED BY STATUTE OR PUBLIC POLICY, YOUR COMPANY NAME DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY PUNITIVE AND/OR LOSS OF ENJOYMENT DAMAGES. THE OBLIGATIONS OF YOUR COMPANY NAME SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION OR RESPONSIBILITY. EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

1. ENTIRE AGREEMENT. This Agreement, these Terms and Conditions and the Inspection Graph constitute the entire Agreement between the parties and no other representations or statements, whether oral or written, shall be binding upon the parties.

 

1. MANDATORY ARBITRATION. Purchaser and Grace & Mercy agree that any claim, dispute or controversy between them or against the other or the employees, agents or assigns of the other, and any claim arising from or relating to this Agreement or the relationships which result from this agreement, no matter against whom made, including the applicability of this arbitration clause and the validity of the entire agreement, shall be resolved by neutral binding arbitration by the National Arbitration Forum or any otherwise mutually agreeable arbitrator, under the Code of Procedure of the National Arbitration Forum in effect at the time the claim is filed. Any arbitration hearing at which you appear will take place at a location near your residence. Rules and forms of the National Arbitration Forum may be obtained, and all claims shall be filed at any National Arbitration office, www.arb-forum.com or by calling 1-800-474-2371. Each party shall be responsible for paying its own fees, costs and expenses and the arbitration fees as designated by the Code of Procedure. The decision of the arbitrator shall be a final and binding resolution of the disagreement that may be entered as a judgment by a court of competent jurisdiction. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Each party consents to the personal jurisdiction and venue of the courts in which the property is located. Judgement upon the award may be entered in any court having jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration provision or of the arbitrator’s decision and a party violating this provision shall pay the other party’s costs, including but not limited to attorney’s fees, with respect to such suit and the arbitration award shall so provide. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.

 

If TENANTS or other occupants of the structure(s), or adjacent buildings, believe they are or may be sensitive to pesticides or their odors, or if TENANTS or

other occupants) have consulted with a medical doctor, or other healthcare provider, regarding such sensitivity. The customer must notify Grace & Mercy in writing, in advance of treatment of the structure(s).

Grace & Mercy reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide such notification represents the customer's assumption of risk and waiver of any claims against Grace & Mercy about such sensitivity. By signing below, you enter into this agreement for a pest control service or cleaning service and waives all claims for damages to the property of people which may result indirectly from work performed by Grace & Mercy, except for gross negligence on the part of Grace & Mercy. Payment is due on the same day, upon receipt of the invoice and completion of service.

 

 

KEEP OUT OF REACH OF CHILDREN ANO PETS. MAY CAUSE EYE, NOSE, THROAT OR SKIN IRRITATION.  AVOID BREATHING VAPOR, MISTS, OR DUSTS. STAY OUT OF UNIT AS RECOMMENDED BY SERVICE PROVIDER. DO NOT TAMPER WITH Rodenticides PLACEMENTS. BAIT BOXES, GLUE BOARDS, SNAP TRAPS ETC... DO NOT TOUCH TREATED AREAS UNTIL DRY. FOR FLEA & BED BUGS TREATMENTS REMAIN OFF TREATED AREAS FOR A MINIMUM OF 4 HOURS OR UNTIL DRY. By signing you agree to have pictures taken for documentation & educational