General Pest Control Section:

1. 1. LIMITATIONS OF LIABILITY– Agile Pest Managment LLC (“Agile”) liability under this agreement is limited to treatment only.
   2.  
   3. PERFORMANCE OF WORK– Agile agrees to perform in a workman-like manner. Agile will exercise care while performing any work hereunder to try to avoid damaging any part of the structure(s), plants or animals. Under no circumstances or conditions shall, Agile be responsible for damage caused by Agile at the time the work is preformed except those damages resulting from gross negligence on the part of Agile
   4.  
   5. CHANGE IN LAW– This Agreement shall be interpreted, regulated and adjudicated in accordance with applicable federal, state and local laws and regulations as they exist at the time this Agreement is executed. Should any federal, state and local law regulation change regarding Agile services, Agile, is authorized to take whatever steps are necessary to be in compliance with said laws.
   6.  
   7. PAYMENT TERMS– All invoices are due within 10 days of service being rendered. The client agrees to pay all invoices as stipulated in this agreement and to assume attorney fees and court costs, which may be necessary to collect fees due to Agile. A late finance charge will be added on delinquent bills of 1 ½ percent per year
   8.  
   9. DAMAGE RELTED TO SERVICE – Agile will exercise due care while performing any work hereunder to try to avoid damaging any part of the Customer’s property, plants or animals. Under no circumstances or conditions shall Agile be responsible for damage caused by Agile at the time the work is performed except those damages resulting from gross negligence on the part of Agile.
   10.  
   11. ENTIRE Agreement & NOTICE OF CLAIMS – Attachment(s) – if any together with this Agreement signed by Agile and Customer at the time the Agreement is entered into, constitutes the entire Agreement between the parties and no other representation or statements, whether oral or written, will be binding upon the parties. Any claim under the terms of the Agreement must be made immediately in writing to Agile
   12.  
   13. SEVERABILITY & TRANSFERABILITY– If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. This Agreement shall terminate upon transfer of ownership of the described structure(s). A new Agreement may be issued by Agile Pest Control, to a new Purchaser provided the new Purchaser signs a Agreement as purchaser, and signs a diagram showing the condition of structure(s) at transfer, a fee is paid to cover administrative cost of transfer, the expiration date remains the same as under the original Agreement, and payment of a renewal fee as established by Agile
   14.  
   15. RENEWAL OF THE AGREEMENT– If either of parties wishes not to renew the agreement, the other party must be notified of this in writing at least thirty (30) days before the end of the agreement period. If such notice has not been given, the Agreement will be renewed according to the renewal terms set forth in the agreement. Agile reserves the right to increase the service price annually, without prior notification, up to 8% per year. For any increase above 8%, the Customer will be notified by mail.
   16.  
   17. BINDING ARBITRATION– In the event of a dispute between Agile and/or its employees and Customer arising out of or relating to this Agreement, including but not limited to the interpretation of the terms and conditions of this Agreement, the making of the Agreement, or breach of any provision of this Agreement, the parties hereby expressly agree to submit their dispute to binding arbitration for resolution in accordance with the rules and requirements of the American Arbitration Association. The parties acknowledge and understand that by agreeing to submit their dispute to binding arbitration they are effectively waiving their right to trial by jury as a means of resolving disputes. Furthermore, the parties acknowledge that they desire to arbitrate any dispute arising from this agreement in an effort to resolve such dispute(s) quickly and avoid the costs of litigation. Judgement upon such arbitration award may be entered in any court having jurisdiction. Each party shall be responsible for paying any attorney’s fees, expert witness’ fees and other expenses it incurs on its behalf in connection with the arbitration, plus one half the arbitrator’s fee and one half of any expenses incurred by the arbitrator, and the award shall assess the arbitrator’s fee and expenses accordingly.
   18.  
   19. A service charge equal to the maximum allowed by your state or a minimum of $1.00 per month will be charged. Service charge is avoided only when the new balance is paid in full and received within 25 days of the month ending date. All services referred for collection will be subject to attorney’s fees plus costs and interests. All bills due upon completion of work.
   20.  
   21. I have been told that I have the right to receive consumer information as outlined in N.J.A.C.7:30-9.12(b) 1.I decline to receive the information until such time as I withdraw this waiver by notifying the applicator or Agile in writing.
   22.  
   23. Please Note: If factors beyond our control (if you are away for an extended period, or you have designated certain areas that we should not treat) prevent us from rendering treatment to correct the condition, AGILE Pest Control cannot be held liable for failure to control pests. While we do obligate ourselves to provide services for the control of pests described, we do not assume responsibility for their damage. The purchaser acknowledges, by his/her acceptance of this service agreement, that there are no expressed or implied terms, except as herein specifically stated. (This means that there are no other arrangements or conditions that apply to this agreement other than those stated above.)