Mole Mountie Contract and Terms of Service

Mole Mountie Inc. Service Contract

This contact provides service of trapping and treating areas and property for nuisance pest damage. Mole Mountie Inc. Is not responsible for any injury, disease or illness caused, or allegedly caused by any nuisance species. This Service Contract for Pest and Nuisance Wildlife ( hereinafter referred to as the "Contract"), entered into by and between the customer and Mole Mountie Inc.,provides for treatment of pest by Mole Mountie Inc. as defined and under the terms set forth below. This Contract does not provide protection against pest not listed. This contract may be renewed after the expiration date of the original period for a renewal fee, unless either party provides written notice of non-renewal thirty days prior to the expiration of the Contract period. The renewal fee may be adjusted at the sole discretion of Mole Mountie Inc. Customer understands that Mole Mountie Inc.'s liability under this Contract is limited to providing a treatment only and is in no way, implied or otherwise, is Mole Mountie Inc. responsible for the repair or replacement of the structure or property.

1. DESCRIPTION OF SERVICE. Mole Mountie Inc. will provide services for the control of nuisance wildlife herein referred to as pest) on property.

2. SERVICES PROVIDED: Mole Mountie Inc. will conduct a thorough visible inspection of premises for evidence of pest infestation and will provide treatment for the control of the pest as determined by Mole Mountie Inc. Mole Mountie Inc. will apply pest control products in accordance with the directions of the manufactures of the products, U.S. EPA approved labels, and the requirements of federal and state laws and regulations. For purposes of this Contract "control" is defined as the periodic eradication of infestations within practical limits.

3. AREAS SERVICED: Mole Mountie Inc. will apply treatment, as it deems appropriate, to all potential areas within the property. Customer agrees to provide access to the structure at the scheduled time of the service. In the event Mole Mountie Inc. is denied access to the interior of the structure, Mole Mountie Inc. will not provide treatment and Customer agrees to pay a service charge for a return visit to provide treatment of the structure.

4. CUSTOMER'S OBLIGATIONS: Customer agrees to maintain the premises subject to this contract in a condition, which does not promote future infestations. Specifically, Customer agrees, to maintain the premises in a reasonably clean and sanitary condition, and to keep the structure in such a state of repair so as to avoid providing easily accessible means of access to pest. Customer agrees to not tamper with traps. Customer is responsible for any damage to trap while on property(s). Customer is responsible for keeping children and pets away from traps and treated areas.

5. PERFORMING THE WORK: Mole Mountie Inc. Will perform the work in a work-man like manner. Mole Mountie Inc. Will exercise reasonable care while performing any work hereunder to try to avoid damaging any part of the property, plants or animals. Under no circumstances or conditions shall Mole Mountie Inc. be responsible for damage caused by Mole Mountie Inc. at the time the work is performed except those damages resulting from gross negligence on the part of Mole Mountie Inc.

6. CHANGE IN LAW: This Contract shall be interpreted, regulated and adjudicated in accordance with applicable federal, state and local laws and regulations as they exist at the time this Contract is executed. Should any federal, state or local law or regulation be changed regarding services or treatment, Mole Mountie Inc. may take whatever steps are necessary to comply with said laws.

7. LIMITS OF LIABILITY: Although Mole Mountie Inc. will exercise reasonable care in performing services under this Contract, Mole Mountie Inc. will not be liable for injuries or damage to persons, property, birds, animals or vegetation, except those damages resulting from gross negligence by Mole Mountie Inc. Further, under no circumstances will Mole Mountie Inc. be responsible for any injury, disease or illness caused, by bites, stings or contamination of insects, spiders, rodents, or beetles. Mole Mountie Inc.'s representatives are not medically trained to diagnose illnesses or diseases. Please consult your physician for any medical diagnosis. To the fullest extent permitted by law, Mole Mountie Inc. 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. Mole Mountie Inc.'s liability is specifically limited to the labor and products necessary to help reduce pest populations.

8. NON-PAYMENT: Customer will pay invoices upon receipt. Mole Mountie Inc. May terminate this Contract if payment is not received within thirty days of the date of invoice. In the event legal action is necessary to collect any amount due, Mole Mountie Inc. Shall be entitled to recover from Customer all reasonable cost of collection, including reasonable attorney's fees and expenses, in addition to any outstanding amount due Mole Mountie Inc. In addition, interest at 1.5% per month, being 18% annually or the highest rate allowed by applicable law will be assessed on any past due amounts owed by Customer until paid. This contract and any extension of it's term will be effective only upon payment of the charges as provided herein.

9. TERMINATION: Mole Mountie Inc.'s liability under this Contract will terminate and Mole Mountie Inc. Will be excused from the performance of any obligations under this Contract should 1) Customer allow another pest control company and/or operator to treat the subject property(s) during any term hereof, 2) Customer utilize any home remedy products, "do-it-yourself" products, over the counter products or any chemicals to eradicate insects, spiders, beetles, rodents or other wildlife that could cause a negative resolution or chemical reaction, or 3) Mole Mountie Inc. is prevented or delayed from fulfilling its responsibilities under the terms of this Contract by reasons or circumstances reasonably beyond Mole Mountie Inc.'s control, including, but not limited to, acts of war, whether declared or undeclared, acts of any duly constituted government authority, strikes, acts of God, or refusal of Customer to allow Mole Mountie Inc. access to the property(s) for the purpose of treatment or carrying out the terms and conditions of this Contract.

10. ENTIRE CONTRACT: This Contract together with any attachment(s), if any, signed by Mole Mountie Inc. and Customer constitutes the entire Contract between the parties and no other representation or statements, whether oral or written, will be binding upon the parties.
11. NOTICE OF CLAIMS, ACCESS TO PROPERTY: Any claim under the terms of this Contract must be made immediately in writing to Mole Mountie Inc. Mole Mountie Inc. is only obligated to perform under this Contract if Customer allows Mole Mountie Inc. access to the identified property for any purpose contemplated by the Contract, including but not limited to re-inspection, whether the inspection was requested or considered necessary by Customer or required by the Contract and requested or considered necessary by Mole Mountie Inc.

12. SEVERABILITY: If any part of this Contract is held to br invalid or unenforceable for any reason, the remaining terms and conditions of this Contract will remain in full force and effect.

13. TRANSFERABILITY: this Contract will terminate upon transfer of ownership of the described property(s). However, Mole Mountie Inc., at its discretion, may transfer the Contract to a new purchaser provided the new customer signs a transfer addendum, pays a fee to cover administrative cost of the transfer, and pays the renewal as established by Mole Mountie Inc. Upon transfer of this Contract to a new owner at the discretion of Mole Mountie Inc. this Contract shall thereafter provide for the retreatment of the covered property only.

14. SPECIFIC EXCLUSIONS: this Contract does not cover and Mole Mountie Inc will not be responsible for:
1) Damage resulting from moisture conditions, including but not limited to fungus or mold, whether visible or not.
2) Damage resulting from any wood destroying organisms;
3) Expenses related to the replacement of linen, upholstery, furniture, mattress, soiling or related cost;
4) Expenses related to medical evaluation or treatment for bites associated with pest.
5) Damages or expenses for any claim of personal injury related to an infestation of pest.
6) Loss of income claimed to be related to pest bites or associated illnesses;

These specific exclusions are in addition to the other exclusions contained in this Contract.
15) CHEMICAL SENSITIVITY: If Customer or other occupants of the property(s) believe they are or may be sensitive to pesticides or their odors, or if Customer or other occupants have consulted with a medical doctor , or other healthcare provider, regarding the sensitivity, Customer must notify Mole Mountie Inc. In writing, in advance of treatment of the property(s). Mole Mountie Inc. Reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide such notification represents Customers assumption of risk and waiver of any claims against Mole Mountie Inc. in connection with such sensitivity.

16. CHOICE OF LAW: This Contract shall be constructed and enforced in accordance with the laws of the State which the property is located.

Agree To The Service Contract