This means we will automatically begin your services listed at the appropriate time next season. If you prefer to change any services or have any questions about your automatically renewing account, please don’t hesitate to call or email us at any time. Otherwise, the services will be automatically scheduled.
Pest Control: L&PCX will service under the terms and conditions specified in this agreement, additional treatments as deemed necessary by L&PCX or requested by the customer. A scheduled service day will be established between L&PCX and the customer for the service and customer agrees to make the premises available for service. If the premises are not available for treatment at the appointed time on the regular service day, L&PCX will service the outside of the residence and leave a record of service on customer’s door. Customer agrees to pay the normal charge for this outside service. L&PCX will service the inside of the residence at no additional charge if requested by the customer. Although L&PCX agrees to return and retreat affected areas, L&PCX cannot guarantee against reinfestation of pests from neighboring areas nor does L&PCX guarantee complete elimination of pests.
TERM: After the initial one year period this agreement is automatically renewable on a month to month basis, and can be cancelled any time after the first 12 months by either party giving 30 days written notice. Customer understands that more time and treatments are required during the first months to bring pest problems under control and that these higher initial costs are spread over the 12 month term of this agreement. L&PCX reserves the right, after the first year, to increase service charge. If pests return in between visits, an Xpert technician will return with no charge. 30 day warranty for one time customers (will return one time).
CUSTOMER OBLIGATIONS: Customer understands that the results of service are relative to and dependent upon the cooperation of the customer as to housekeeping, sanitation, maintenance, and accessibility of areas to be serviced. Customer agrees to cooperate with L&PCX as reasonably necessary to facilitate treatment and control. Accessibility of areas to be services, and customer agrees to cooperate with L&PCX as reasonably necessary to facilitate treatment and control.
WAIVERS: Customer expressly waives and releases L&PCX from any claim for personal injury (including stings, bites, or illnesses) caused by fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees, bed bugs, other pests or property damage (to structure or contents) caused by wood destroying organisms. Customer waives any claim for damage or injury unless made in writing within one year of treatment or incident. In no event will L&PCX be responsible for consequential damages or loss of use of property.
MEDIATION/ARBITRATION: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE SERVICES PERFORMED BY L&PCX UNER THIS AGREEMENT OR ANY OTHER AGREEMENT, REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR AFTER THE EXECUTION, TRANSFER OR ACCEPTANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITIED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR PERSONAL BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND SHALL BE CONDUCTED BY THE AAA. IF ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES IN CASES WHERE SUCH PROCEDURES ARE APPLICABLE. DETERMINED UNDRED THE AAA SUPPLIEMENTARY PROCEDURES FOR CONSUCTED BY AAA. IF ADMININISTRADED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPLEMLTERY PROCEDURES FOR CONSUMER-RELATED DISPUTES IN CASES WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE AAA COMMERCIAL ARBITRATION RULES. THE CUSOMTER AND L&PCX AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANSIVE LAW, INCLUDING THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE ARBITRATOR’S POWERS TO CONDUCT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES, AND WILL NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRATORS, BUT IN THE ABSENCE OF THE PARTIES’ AGREEMENT, THE REQUESTING PARTY SHALL BE REPSONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENERED BY THE ARBITRATORS SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN ARBITRAL APPEAL TO AN APPEAL TRIBUNAL, CONSTITUTED IN THE SAME NUMBER AND BY THE SAME PROCESS AS THE INITIAL ARBITRATOR(S). THE APPEALING PARTY SHALL BE RESPONSIBLE FOR THE FILING FEE AND OTHER ARBITRATION FEES AND COSTS SUBJECT TO AWARD BY THE APPEAL TRIBUNAL UNDER APPLICABLE LAW. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERNED ON THE AWARD IN ANY COURT HAVING JURISDICTION THEROF. CUSTOMTER AND PEST CONTROL XPERTS ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING RECOURSE TO ARBITRATION, CUSTOMER AND L&PCX EACH AGREES TO TRY TO IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AAA COMMERCIAL MEDIATION RULES WITH L&PCX AGREEING TO PAY COSTS OF MEDIATION. CHEMICAL INFORMATION WARNING: Virtually all pesticides have some type of odor which may be present for a period of time after application. If you or any member of your house household believes that you have a sensitivity to chemicals or chemical odors, L&PCX recommends that you have an initial or subsequent service performed at your premises until you have consulted with your family physician. At your request, L&PCX will provide information about the chemicals to be used in your premises.
ENTIRE AGREEMENT: Customer acknowledges that the only terms and conditions of this agreement are those stated within this document and that they are no other terms or provisions which apply other than those printed herein. If any provision or portion thereof, this agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part of this agreement. Provided, however, that as to the paragraph on MEDIATION/ARBITRATION, if the sentence precluding the arbitrator from conducting an arbitration proceeding as a class , representative or private attorney general action is found to be invalid or unenforceable then the entirety of the MEDIATION/ARBITRATION paragraph shall be deemed to be deleted from this agreement.
CANCELLATION: CUSTOMER MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION