GENERAL TERMS AND CONDITIONS: Southern Wildlife Management, LLC dba Southern Pest Management. (hereinafter referred to as ”SPM”) guarantees to provide the described wildlife management/trapping service as indicated on the reverse side of this agreement. The services could consist of one or a combination of the following: installing/setting traps, pre-baiting, or baiting, exclusion work until control is achieved. The customer also understands that any tampering with the equipment/materials provided, moving the traps or releasing any animals, other than by an “SPM” employee, is against the law and SPM reserves the right to immediately pull the remaining traps and cease trapping with no refunds on any days remaining on trapping. The customer also agrees that any and all equipment/materials used to trap and/or monitor remain the property of “SPM” and agree to allow retrieval of such equipment when deemed necessary. The customer understands that the traps are checked once a day during normal operating hours. The trap check schedule is set by “SPM”. “SPM” is in no way responsible for any pests trapped or expiring within any part inside or outside of the structure. If a deceased animal is requested to be removed other than what we have trapped the customer acknowledges that the company may assess a fee to locate and/or remove a deceased animal. There is no guarantee written or otherwise implied that “SPM” will be able to locate a deceased animal. The trapping/service/trip fees or charges cover the time, labor & expertise and does not guarantee success. That includes service calls to hand catch & removal of an animal or trapping. “SPM” gets paid for the effort regardless of success. If any traps or equipment is stolen while on the customer’s property, the customer is liable for the replacement cost of the trap and equipment.
RELEASE OF LIABILITY: “SPM” is not liable for illness, disease or injury caused by interaction with, scratch, sting or bite obtained by any pest or nuisance wildlife animal, bird or reptile for any reason.
DAMAGE CLAUSE: “SPM” is not responsible for any damage occurring from locating, catching or removing nuisance animals. Also “SPM” is not responsible for any damage to any roofing shingles, fascia board, conduit, duct work, pipes, wires and or any construction material damaged by nuisance wildlife or “SPM” in the process of performing wildlife services or wildlife exclusion. “SPM” will take every measure possible to avoid any damage but could occasionally occur. In order for SPM to locate and remove a nuisance animal, it may require cutting into, taking apart or removing material in order to gain access to the animal. SPM will ask permission to do whatever necessary to gain access but SPM assumes no responsibility in repairing, putting anything back together or replacing any material as a part of the process. No claims will be filed against SPM’s General Liability policy as this is a part of the risk associated with the service rendered.
PAYMENT /ARBITRATION CLAUSE: Customer understands that any balance thirty (30) days past due will be charged a late fee of 5%. This fee will be compounded each thirty (30) day period thereafter. On any account sixty (60) days past due “SPM” Reserves the right to stop services on the account and place the account in the hands of an Attorney for collection or file a lawsuit. Signer of the account agrees to pay any and all Attorney’s fees paid or incurred up to an amount no less than 30% of the unpaid amount of the contract price, and the court costs incurred, if any, in addition to any unpaid balance of this contract. Any and all returned checks will be subject to a $25.00 fee or 5% of the check whichever is greater. The customer and “SPM” also agrees that if any controversy or claim between them shall be settled by private, binding arbitration or if agreeable by both parties, mediation. If this cannot be agreed upon it will be put in the hands of “SPM’s” Attorney. Customer signature attests to financial responsibility, agreement to pay a finance charge of 5% on all past due amounts older than thirty (30) days, agreement to pay all costs of collecting including any Attorney’s fee and court costs.
CANCELLATION CLAUSE: The contract may be cancelled any time prior to midnight of the third (3) business day after the date of this transaction with a written certified letter, as long as NO work has been performed and/or started. This letter is to delivered certified & Proof of Delivery receipt to our business address of 746 Amicalola Dr, Dawsonville, GA 30534.
SEVERABILITY CLAUSE: In the event that any part of this agreement/contract is determined by a court of law to be void or unenforceable, then that part of this contract/agreement shall be severed from this contract/agreement and the remaining provisions shall remain in full force and effect.
MISCELLANEOUS TERMS: 1) This contract shall be governed by and construed in accordance with the laws of the State of Georgia. Each party irrevocably submits to the jurisdiction of any State Court located in Fulton County, Georgia over any action, suit or proceeding to enforce or defend any right under this contract/agreement or otherwise arising from a transaction connected with this contract/agreement. 2) Our waiver of any term of this contract/agreement does not constitute a waiver of other terms, nor does a waiver in a particular circumstance constitute an agreement to waive it at other times. Waiver of a term with one customer does not constitute a waiver with others.
WE APPRECIATE YOUR BUSINESS!