480.437.4335 Fax: email@example.com www.CimexK9.comAZ OPM Lic# 8991
This contract provides for the inspection for the existence of bed bugs in the areas of the covered Structure designated in this Contract. Cimex Canine is not responsible for any injury, disease or illness caused, or allegedly caused, by bites, stings or contamination of bed bugs.
This Service Contract (herein after referred to as the (“Contract”), entered into by and between the Customer named below (“Customer”) and CIMEX Canine, LLC (“Company”), provides for inspection of Structure specifically described below (“Structure”) for the presence of bed bugs (Cimex lectularius ) by Company as defined and under the terms set forth below. This Contract does not provide protection against any other pests, including, but not limited to household pests, etc.
Visual inspection with the use of trained bed bug detection canines. This Contract does not, under any circumstances, provide inspection, detection or control of any other insect or organism not specifically listed in this Contract, and particularly not household pests.
2. SPECIFIC EXCLUSION: The Contract does not cover and COMPANY WILL NOT BE RESPONSIBLE FOR THE FOLLOWING:
1) Expenses related to the replacement of linen, upholstery, furniture, mattress, soiling or related costs 2) Expenses related to medical evaluation or treatment for bites associated with bed bugs3) Damages or expenses for any claim of personal injury related to an infestation of bed bugs4) Loss of income claimed to be related to any bed bug bites or associated illnesses5) Cost of bed bug extermination for any reason
3. SERVICES PROVIDED. Company will inspect the Structure for the existence of bed bugs. It is expressly understood and agreed that Company has not been contracted to provide chemical services or any other treatment for the control of bed bugs or any other pest, insect or organism. The service to be performed by Company is a one time inspection whereby Company inspects the area agreed upon in this contract.
The customer acknowledges that while the canines receive ongoing training to be efficient and accurate there is a small chance that bed bugs may go undetected during a search.The customer further acknowledges that there is a small chance that a canine will give an alert where no targeted substance is present. This is often referred to as a “false alert,” which can occur for reasons including that the canine detects a “residual odor” still present after the bed bugs have moved from the area. Therefore, in every case where a canine alerts on an odor, a thorough investigation should be conducted of that area.
4. AREAS SERVICED. Company will inspect, as it deems appropriate, the Structure.
5. PERFORMING THE INSPECTION. Company will perform the inspection in a professional manner. Company will exercise reasonable care while performing any inspection hereunder to try to avoid damaging any part of the Structure, plants or animals. Under no circumstances or conditions shall Company be responsible for damage caused by Company at the time the inspection is performed except those damages resulting from gross negligence on the part of Company.
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 Company service or treatment, Company may take whatever steps are necessary to comply with said laws.
7. LIMITS OF LIABILITY, Although Company will exercise reasonable care in performing services under this Contract; Company will not be liable for injuries or damage to persons, property, birds, animals or vegetation, except those damages resulting from gross negligence by Company. Further, under no circumstances will Company be responsible for any injury, disease or illness caused, or allegedly caused, by bites, stings or contamination of bed bugs or any other insects, spiders, rodents, or beetles. Company’s representatives are not medically trained to diagnose bed bug borne illnesses or disease. Please consult your physician for any medical diagnosis. To the fullest extent permitted by law, Company will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages, arising from this service. Customer agrees that Company’s liability shall be limited to the fee paid for the services rendered pursuant to this Contract.
8. NON-PAYMENT. Customer will pay Company’s invoices in full upon receipt at time of the inspection. In the event legal action is necessary to collect any amount due Company shall be entitled to recover from Customer all reasonable costs of collection, including reasonable attorney’s fees and expenses, in addition to any outstanding amount due Company. In addition, interest at the rate of 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 its term will be effective only upon payment of the charges as provided herein.
9. ENTIRE CONTRACT. This Contract, together with any attachments signed by Company and Customer constitutes the entire Contract between the parties pertaining to the subject matter contained in this Contract, and is intended to be the final, complete, and exclusive statement of the terms of the Parties’ agreement regarding these subjects. All prior and contemporaneous agreements, representations and understandings of the Parties, oral and written, are superseded by and merged in this Contract, and this Contract cannot be contradicted by evidence of any prior or contemporaneous statements or agreements.
10. NOTICE OF CLAIMS, ACCESS TO PROPERTY. Any claim under the terms of the Contract must be made immediately in writing to Company. Company has the right to review and/or repair any claims stated.
11. NO WARRANTIES. THE SERVICES PROVIDED BY COMPANY DO NOT CONSTITUTE A WARRANTY, GUARANTY OR INSURANCE POLICY, OR SUBSTITUTE FOR REAL ESTATE TRANSFER DISCLOSURE OF ANY KIND WHICH MAY BE REQUIRED BY LAW. FURTHERMORE, IT IS EXPRESSLY AGREED AND ACKNOWLEDGED THERE ARE NO WARRANTIES, GUARANTIES, OR INSURANCE AVAILABLE, IMPLIED OR PROVIDED BY COMPANY.
12. ASSIGNMENT. This Contract cannot be assigned.
13. INDEMNIFICATION. The Customer hereby agrees to defend, indemnify and hold harmless the Company, its members, managers, employees, officers and agents from and against any and all demands, claims, causes of action, and/or judgments of any kind whatsoever that arise out of or in any way relate to Company’s inspection of the Structure, including without limitation, any demands, claims, causes of action, and/or judgments arising from any failure to detect bed bugs.
14. CHOICE OF LAW. This Contract shall be construed in accordance with, and all actions arising under or in connection therewith shall be governed by the internal laws of the State of Arizona without reference to conflict of law principles.
15. BINDING ARBITRATION. If the Parties are unable to informally resolve any dispute arising out of this Contract either during or after its term, including the question as to whether any particular matter can be arbitrated, the Parties agree that the dispute shall be resolved through binding arbitration conducted through the American Arbitration Association. All proceedings shall be conducted in Maricopa County, Arizona. The decision of the arbitrator shall be final and binding upon the Parties, and a judgment to enforce the decision of the arbitrator whether for legal or equitable relief may be entered in any court having jurisdiction of the Arizona Courts for such purpose.
THIS CONTRACT PROVIDES FOR BINDING ARBITRATION.
16. SEVERABILITY. If any term, provision, covenant or condition of this Contract, or the application thereof to any person, place of circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Contract and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect.
17. AUTHORITY. Each individual executing this Contract on behalf of Customer represents and warrants to Company that he/she is duly authorized to execute and deliver this Contract and that this Contract shall be fully binding upon Customer by reason of such execution and delivery by such signatory and shall be enforceable against Customer in accordance with it terms.The undersigned have read, reviewed, and agreed to the provisions contained herein.