I. PESTS TO BE CONTROLLED: See front of CROACH® Service Agreement
II. PROPOSED PESTICIDES (For Poison Control call 1-800-222-1222)
Insect Control Chemicals are proposed to include, but not limited to:
Bifenthrin Permethrin Lambda- Cyhalothrin Suspend SC, DeltaDust
Talstar Pro, Wisdon G, Bifen L/P Demand CS, CY-Kick CS, Cyxmic CS Ultracide
Dinotefuran Alpine Chlorfenapyr Phantom Thiamethoxam Optigard Flex
PT Wasp Freeze
Orthoboric Acid Fipronil
Microcare, PT 565 XLO, Pyrocide 100
Cyfluthrin Tempo Ultra
Dichlorvos Nuvan Prostrips
Pyriproxyfen Nygard IGR
Rodent Control Chemicals are proposed to include, but are not limited to:
Bromadiolone Brodifacoum Contrac Cholcalciferol
T-1 Pre-Baited Mouse/Rat Stations, Talprid
III. TERMS AND CONDITIONS
1 FUTURE DAMAGE, LIMITATION OF LIABILITY: This agreement does not provide for the control or prevention of termites, powderpost beetles, wood- borers, carpenter ants, carpenter bees, wood wasps, wood decay fungus, or any other pest not indicated herein. I expressly waive and release CROACH® from liability for any claim for personal injury or damages to the structure or its contents caused by wood infesting organisms, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees, birds, rats, mice or other pests listed on this contract.
CROACH®’s liability under this agreement will be terminated if CROACH® 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, fire, floods, quarantine restrictions, earthquakes, hurricanes or any other act of God or circumstances or cause beyond the control of CROACH®.
ASIDE FROM THE WARRANTIES NOTED ELSEWHERE IN THIS AGREEMENT, CROACH® DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING HEREIN, REGARDLESS OF THE TYPE OF CLAIMS, CROACH® SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE SERVICES PERFORMED PURSUANT THERETO, EVEN IF INFORMED THAT THEY MAY OCCUR. ANY LIABILITY OF CROACH® FOR ANY AND ALL CAUSES OF ACTION WITH RESPECT TO THIS AGREEMENT AND THE SERVICES PERFORMED PURSUANT TO THIS AGREEMENT AND THE RIGHTS GRANTED HEREIN SHALL BE LIMITED TO THE AMOUNTS PAID BY CUSTOMER TO CROACH®HERE-UNDER.
ARBITRATION: The purchaser and CROACH® agree that any controversy or claim between them arising out of relating to this agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules then in force of the American Arbitration Association. The decision of the arbitrator shall be final and the binding resolution of the disagreement, which may be entered as a judgment of the arbitrat’osrdecision. Neither party shall sue the other where the basis of the suit is this agreement other than for enforcement of the judgment of the arbitrator’s decision. In no event shall either party be liable to the other for indirect, special, or consequential damages or loss of anticipated profits.
CUSTOMER OBLIGATIONS: Customer understands that the result of service is relative to and dependent upon the cooperation of the Customer as to housekeeping, sanitation, maintenance, and accessibility to the area to be serviced. The customer agrees to cooperate with CROACH®as reasonably necessary to facilitate treatment and control.
SERVICE: CROACH® will provide Pest Control under the terms and conditions of this agreement, consisting of two services back to back in the first two consecutive months followed by service as outlined in the calendar schedule on the front page and additional treatments as deemed necessary by CROACH® or requested by the Customer. A scheduled service day will be established between CROACH® and the Customer for the service and the customer agrees to
make the premises available for the service. If premises are not available for treatment at the appointed time on the scheduled service day, CROACH® will service the residence and leave a record on the Customer’s door. The customer agrees to pay the normal service charge for this outside service. CROACH® will
service the inside of the residence at no additional charge if requested by the Customer. Although CROACH® agrees to return and retreat affected areas,
CROACH® cannot guarantee against the re-infestation of pests from neighboring areas nor does CROACH® guarantee complete elimination of pests.
LATE PAYMENT: If a customer fails, for any reason, to make the scheduled payment within thirty (30) days from the due date, CROACH® has the right to discontinue service and begin collection proceedings. Upon failure to make such payments, the customer agrees to pay all collection costs and attorney fees, if applicable. In addition, interest at the highest legal rate will be assessed for the period of delinquency. pay all collection costs and attorney’s
UPON REQUEST CROACH® WILL PROVIDE THE PURCHASER WITH A COPY OF THE MANUFACTURER’S SPECIMEN LABEL OF PESTICIDES WHICH WILL BE USED TO TREAT THE PREMISES.