MOSQUITO BROTHERS OF NASSUA AND SUFFOLK COUNTIES
Mosquito Brothers reserves the right to change the products used, in whole or in part, when weather, species of pest, property attributes, or product label dictates a change is needed to stay within the rules and regulations of the NYSDEC, EPA, or other parties governing a licensed pesticide business. The work order left at the property will list what was used.
CLIENT SATISFACTION GUARANTEE
Our service comes with a 100% customer satisfaction guarantee. If for any reason that you feel that our treatment was not effective, simply contact our office to let us know so that we can take corrective action.
Labels for any product that Mosquito Brothers may choose to use for treatment during any of its services will be found on our product page in their entirety.
Modifications to the Services or this Service Agreement will be made only when an addendum describing such modifications has been agreed upon by both by Client and Service Provider. There may be additional charges for any changes.
Licenses and Insurance
Service Provider shall maintain all applicable local, state or federal licenses required to perform the Services. Service Provider shall maintain no less than one million dollars ($1,000,000.00) in Comprehensive General Liability insurance with an insurance company licensed to do business in this state.
Disclaimer and Indemnity
In consideration of the services performed under this Service Agreement, the undersigned agrees to indemnify and forever hold Mosquito Brothers and its agents harmless for any damages or claims resulting from or arising out of the delivery of such Services.
Service Delays and Force Majeure
Service Provider is not responsible or liable for delays in the commencement or completion of the Services that are result of conditions beyond Service Provider’s control (including for example weather, strikes, or a supplier’s inability to provide materials). If Client fails to make a scheduled payment, Service Provider may elect to postpone its performance of the Services under this Service Agreement and schedule continuation of the Services at its discretion after receipt of all amounts due and payable. Delays caused by such events do not constitute abandonment.
If any provision, sentence, phrase or word of this Service Agreement or the application thereof to any person or circumstance shall be held invalid, the remainder of the Service Agreement, or the application of such provision, sentence, phrase or word to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
This Service Agreement is made and shall be construed under the laws of the State set forth in the Service Provider’s address above. Except as set forth below, if any controversy or claim arises out of or relates to this Service Provider, or the breach thereof, and if said controversy or claim cannot be settled through direct discussions, the parties agree to first endeavor to settle the controversy or claim in an amicable manner by mediation administered by the American Arbitration Association under its Construction Industry Mediation Rules, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this Service Agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties may agree to mediation and arbitration by the Better Business Bureau (if applicable) in lieu of the foregoing. It is further agreed that any efforts by Service Provider to collect the amounts due or any part thereof will not be subject to the mediation and arbitration provisions set forth above. Client will pay any collection expense, court costs, and reasonable attorney’s fees which may be incurred in such collection efforts. CLIENT HEREBY WAIVES ANY AND ALL RIGHTS CLIENT MAY HAVE TO A JURY IN ANYSUIT HEREUNDER.
Should Client fail to fulfill its obligations under this Service Agreement in addition to any other remedy at law or in equity that Service Provider may have or otherwise provided herein, Service Provider may retain as liquidated damages and not as a penalty, all consideration paid by Client to Service Provider, including, but not limited to the payments referenced above.
No Waiver of Rights
Service Provider’s failure to exercise a right or remedy, or Service Provider’s acceptance of a partial or delinquent payment, will not operate as a waiver of any of Service Provider’s rights, or Client’s obligations, under this Service Agreement and will not constitute a waiver of Service Provider’s right to declare an immediate or a subsequent default of this Service Agreement.
This Service Agreement contains the entire understanding and agreement between the parties with respect to the Services and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. NO ORAL PROMISES OR AGREEMENTS ARE A PART OF THIS SERVICE AGREEMENT.