Terms and Conditions
1. FUTURE DAMAGE. Marvelous Pest Control is not responsible for and does not guarantee against 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 Marvelous Pest Control does not represent, that covered insects will not return to the Property.
2. PURCHASER’S RESPONSIBILITY. Your cooperation is important to ensure the most effective results from Marvelous Pest Control’s service. Whenever conditions conducive to the breeding and harborage of pests are reported in writing by Marvelous Pest Control, and not corrected by you, Marvelous Pest Control cannot assure satisfactory service. If the conditions noted by Marvelous Pest Control 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. Customer is responsible for collections fees.
3. NOTICE OF CLAIMS/ACCESS TO PROPERTY. Any claim arising out of this Agreement must be made in writing by Purchaser to Marvelous Pest Control during the term of this Agreement. Purchaser must allow Marvelous Pest Control access to the identified property for any purpose contemplated by this Agreement. The failure to promptly allow Marvelous Pest Control such access will terminate this Plan without further notice.
4. NON-PAYMENT/DEFAULT. The obligation of Marvelous Pest Control 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 Marvelous Pest Control of any liability, and any amount paid shall become the property of Marvelous Pest Control.
A. FORCE MAJEURE. The liability of Marvelous Pest Control under this Agreement will be terminated if Marvelous Pest Control 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 Marvelous Pest Control. Marvelous Pest Control reserves the right to adjust the service charge in the event of any such occurrences or happenings.
B. 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, drywood termites. wood destroying beetles, fungi or any other wood destroying organisms, Bedbugs, German Roaches, Flying insects.
C. CHANGE IN LAW. Marvelous Pest Control 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. Marvelous Pest Control reserves the right to revise the service charge or terminate this Agreement. EXCEPT AS OTHERWISE PROHIBITED BY STATUTE OR PUBLIC POLICY, Marvelous Pest Control 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 MARVELOUS PEST CONTROL 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
6. ENTIRE AGREEMENT. This Agreement, these Terms and Conditions constitute the entire Agreement between the parties and no other representations or statements, whether oral or written, shall be binding upon the parties.
The structural pest control industry is regulated by the Texas Department of Agriculture (TDA), Structural Pest Control Service (SPCS), P.O. Box 12847, Austin, TX 78711-2847. TDA licenses the businesses, certified applicators technicians, and registers apprentices who perform structural pest control work. Certified applicators and technicians must pass a written examination in order to receive their licenses.
Pesticides must be registered with the United States Environmental Protection Agency (EPA) and TDA before they may be used in Texas. EPA registration is not a finding of product safety. Pesticides are designed to kill or control pests.
Your risk of harm depends upon the degree of your exposure and your individual susceptibility.
Specific health and safety information varies between pesticides and types of exposures and is available on the label information or SDS sheet, which can be supplied to you upon request from the licensed applicator. Take precautions when a treatment has been performed to avoid exposure to vulnerable individuals. Pesticides may be harmful if swallowed, inhaled, or absorbed through the skin. Avoid breathing dust or spray mist and any unnecessary contact with treated surfaces. If you desire specific information on precautions, refer to the pesticide label. The law requires that the application procedures specified on the label be followed.
If you have questions about the application, contact the business or person making the application. If you suspect a violation of the law regarding structural pest control, contact the SPCS. In case of a health emergency, seek immediate medical attention.
Pest Control signs must be posted prior to treatment in many instances. The signs should be posted in an area of common access at least 48 hours prior to treatment. The information sign will allow you to contact someone who can tell you what pesticide is being used.
If you are contracting for pest control services due to a home solicitation, you have the right to cancel the contract within 72 hours. You may exercise this right by notifying the pest control company that you do not wish to receive their service.
For general information on pesticides, contact the National Pesticide Information Center 1-800-858-7378
For information concerning structural pest control laws, contact the Structural Pest Control Service at: 866-918-4481.
For information concerning the formulation and registration of pesticides, contact the TDA pesticide registration at (512) 463-7407 or 800-835-5832.
For non-emergency health information relating to pesticides, contact Texas Department of State Health Services (512) 458-7111.
REQUIRED BY THE TDA STRUCTURAL PEST CONTROL SERVICE
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