TERMS OF SERVICE
UPDATED TERMS & CONDITIONS, EFFECTIVE 01/01/2022
AGREEMENT
1. This service agreement (or “agreement”) is a commitment of 12 months according to the dates and pricing listed above on your agreement. After the initial one-year period, service will continue until canceled with a 30 day written notice by either party. Mission Pest Control’s service does not include inspections, control or prevention of termites or pests accept as noted. Mission Pest Control shall not be liable for any claim for personal loss, property loss, or structural damage caused by pests. Virtually all pesticides have some odor that may be present for a short time after application. If you or any member of your household is sensitive to chemical odor or chemicals, Mission recommends you consult your family physician prior to treatment. Mission Pest Control may charge a finance charge of 1% per month (12% per year) will be charged on past due accounts (30 days after service date) and a service fee of $ 20.00 on all returned checks. Mission Pest Control may suspend service, or cancel this agreement, for accounts past due 30 days or more.
2. The first service performed on a home under 3,400 square feet has a minimum cost of $249.00. An initial treatment costing less than $249.00 is based on a the 12 month commitment indicated above. If you cancel the service for any reason, or Mission Pest Control cancels this contract for cause, prior to this initial 12 month period you agree to pay the difference between $249.00 and the discounted price of the initial treatment.
3. Mission Pest Control’s sole warranty is treatment resulting in the control of the targeted pests listed above. Generally, Mission Pest Control only services and treats the exterior of a customer’s home. Mission Pest Control will service the interior of your home if you specifically requests that Mission Pest Control do so. If a customer would like an inside treatment, or an additional outside service because of the presence of covered pests, the customer must notify Mission Pest Control of this request, and Mission Pest Control will treat the interior and/or provide the extra service of the home at no extra charge. This commitment is the sole warranty offered by Mission Pest Control under this agreement.
4. Mission Pest Control is not responsible and does not guarantee against present or future damage to the building or contents, or provide for the replacement thereof. This plan does not guarantee, and Mission Pest Control does not represent, that covered insects will not return to the property.
5. Your cooperation is important to ensure the most effective results from Mission Pest Control service. Whenever conditions conductive to the breeding and harborage of pests are reported in writing by Mission Pest Control, and are not corrected by you, Mission Pest Control does not assure satisfactory service. If the conditions noted by Mission Pest Control are not corrected as required, all warranties 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. The obligation of Mission Pest Control hereunder is conditioned upon payment in full of the initial charge and all regular service charges.
6. Any claim arising out of this agreement must be made in writing by the you during the term of this agreement. You must allow Mission Pest Control access to the identified property for any purpose contemplated by this agreement.
7. DISCLAIMERS.
a. The liability of Mission Pest Control under this agreement will be terminated if Mission 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 Mission Pest Control. Mission Pest Control reserves the right to adjust the service charge in the event of such occurrences or happenings.
b. This agreement provides for treatment and re-treatment for pests indicated herein. This agreement does not provide for treatment or control of subterranean (ground) termites (Reticulitermes spp., Heterotermes spp., Coptotermes spp) drywood termites (Kalotermes spp., Incistermes spp., Cryptotermes spp.), carpenter ants, beetles, fungi, or any other wood destroying organisms.
c. Mission Pest Control performs its services in accordance with the requirements of law. In the event of a change in existing law as it pertains to the services herein, Mission Pest Control reserves the right to revise the service charge or terminate this agreement.
d. EXCEPT AS OTHERWISE PROHIBITED BY LAW, MISSION 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 MISSION PEST CONTROL SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED INCLUDING ANY REPRESENTATION OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6. ENTIRE AGREEMENT.
8. 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.
9. You and Mission Pest Control agree that any claim, dispute or controversy between them or against the other or the employees, agents or assigns of the other, and any claim arising from or relating to this agreement or the relationships which result from this agreement, no matter against whom made, including the applicability of this arbitration clause and the validity of the entire agreement, shall be resolved by neutral binding arbitration by the National Arbitration Forum or any otherwise mutually agreeable arbitrator, under the Code of Procedure of the National Arbitration Forum in effect at the time the claim is filed. Any arbitration hearing at which you appear will take place at a location near your residence. Rules and forms of the National Arbitration Forum may be obtained and all claims shall be filed at any National Arbitration office, www.arb-forum.com or by calling 1-800-474-2371. Each party shall be responsible for paying its own fees, costs, and expenses and the arbitration fees as designed by the Code of Procedure. The decision of the arbitrator shall be a final and binding resolution of the disagreement that may be entered as judgement by a court of competent jurisdiction. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Each party consents to the personal jurisdiction and venue of the courts in which the property is located and the courts of the State of California and the U.S. District Court for California. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration provision or of the arbitrator’s decision, and a party violating this provision shall pay the other party’s costs, including but not limited to attorney’s fees, with respect to such suit and the arbitration award shall so provide. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION. 8. PESTICIDE LABELS. Upon request, Mission Pest Control will provide the owner or occupant with a copy of the manufacturer’s specimen label for the pesticide(s) which will or have been used to treat the premises.
If you have any questions, please contact us at (858) 345-9990.
Thanks for choosing Mission Pest Control!
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the notice of cancellation form below for an explanation of this right.
NOTICE OF CANCELLATION
You may cancel this transaction, without any penalty or obligation, within three business days from the transaction date on the service agreement. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated written notice, or send a telegram, to Mission Pest Control, at PO Box 261152, San Diego, CA 92196 not later than midnight of the third business day after the transaction date.
I hereby cancel this transaction.
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Buyer’s Signature
NOTICE TO OWNER / TENANT
I. Pest to be controlled: See front of Pest Control Service Agreement.
II. Proposed Pesticide(s):
Insect Control Chemicals
BETA-CYFLUTHRIN: TEMPRID SC
BIFENTHRIN: MASTERLINE B MAXXPRO, WISDOM LG, BIFEN I/T BORIC ACID: DEKKO SILVERFISH PAKS, INTICE 10 CHLORFENAPYR: PHANTOM II, PT P.I.
DELTAMETHRIN: DELTA DUST
DINTOTEFURAN: ALPINE WSG, ALPINE ROACH GEL ESFENVALERATE: ONSLAUGHT FASTCAP FIPRONIL: MAXFORCE FC ANT KILLER BAIT GEL, MAXFORCE FC ROACH KILLER BAIT GEL
IMIDACLOPRID: TEMPRID SC
PIPERONYL BUTOXIDE: ONSLAUGHT FASTCAP, SHOCKWAVE FOGGING CONCENTRATE
PRALLETHRIN: ONSLAUGH FASTCAP
PYRETHRINS: EVERGREEN PYRETHRUM, PT P.I., SHOCKWAVE FOGGING CONCENTRATE
PYRIDINE: NYGUARD IGR CONCENTRATE PYRIOPROXYFEN: NYGUARD PLUS
SODIUM FERRIC EDTA: IRONFIST
DISODIUM OCTABORATETETRAHYDRATE: GOURMET ANT BAIT GEL ASFENVALERATE (CAS #66230-04-4): SHOCKWAVE FOGGING CONCENTRATE N-OCTYL BICLOHEPTENE DICARBOXMIDE: NYGUARD PLUS, SHOCKWAVE FOGGING CONCENTRATE SODIUM TETRABORATE DECAHYDRATE (BORAX): TERRO PCO ANT BAIT STATIONS 2-[1-METHYL-2-(4-PHENOXYPHENOXY) ETHOXY] PYRIDINE: SHOCKWAVE FOGGING CONCENTRATE 3-phenoxybenzyl-(1RS, 3RS, 1RS, 3SR)-2, 2-dimethyl-3-(2-methylprop-1-enyl) cyclopropanecarboxylate: NYGUARD PLUS, PT WASP FREEZE II Rodent Control Chemicals
BROMADIOLONE: CONTRAC ALL WEATHER BLOX
STRYCHNINE ALKALOID: GOPHER GETTER TYPE 1
III. State law requires that you be given the following information: CAUTION – PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the California Department of Pesticide Regulation and the United States Environmental Protection Agency. Registration is granted when the State finds that based on existing scientific evidence there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure so exposure should be minimized.
If within 24 hours you experience symptoms of dizziness, headache, nausea, reduced awareness, slowed movement, garbled speech, or difficulty in breathing, leave the structure immediately and seek medical attention by contacting your physician or Poison Control Center (see below) and notify Mission Pest Control at (858) 345-9990.
For further information, contact any of the following: Mission Pest Control (Prime Contractor); for health questions – the County Health Department (see below), for application information – the County Agricultural Commissioner (see below); and for regulatory information – the Structural Pest Control Board, (800) 737-8188, 2005 Evergreen St, Suite 1500, Sacramento, CA 95815-3831.
Poison Control Center (800) 222-1222
County Health Department San Diego County
Riverside County
Phone
(619) 229-6500 (951) 358-5000
County Agricultural Commissioner San Diego County
Riverside County
Phone
(858) 694-2739 (951) 955-3045
If you have any questions, please contact us at (858) 345-9990.
Thanks for choosing Mission Pest Control!
