GENERAL TERMS AND CONDITIONS:
OUR TERMS & CONDITIONS
Southern Wildlife Management, LLC dba Southern Pest Management. (hereinafter referred to as ”SPM”) guarantees to provide the described wildlife management, wildlife trapping or pest control service as indicated on this agreement. By signing this agreement, you agree to the following terms & conditions that apply to your specific services which are outlined on your invoice:
NUISANCE WILDLIFE TRAPPING: All standard wildlife trapping jobs (Exceptions: beaver, coyote, and mole are non-standard) are for a one-week duration and include daily trap checks. This means Monday – Friday and includes “UP TO” 5 visits. It is understood 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 all equipment/materials used to trap and/or monitor wildlife remain the property of “SPM” and the customer agrees to allow retrieval of such equipment when deemed necessary. The customer understands that the traps are checked one time each day during normal operating hours. If the customer is not available during our route, with advance notice, we may be forced to count your intended stop as a visit and we will continue to check the traps the next day.
If any traps or equipment is missing, damaged or stolen while on the customer’s property, the customer is liable for the replacement cost of the trap and equipment.
RELEASE OF LIABILITY FROM WILDLIFE DAMAGE: “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. We are not liable for any damages wildlife or pests do to your property as a result of them being on your property or inside your attic or home.
DEAD ANIMAL CLAUSE: If “SPM” is hired to perform exclusion services to seal up a home. “SPM” does everything in its power to prevent any critter from being sealed in the home/attic. If there is probable cause to suspect that an animal has died after the home has been sealed, it is not the responsibility of “SPM”. “SPM” will, for a reduced fee, attempt to track down the source and remove the dead animal.
This is an inherent risk that is assumed when a house is sealed up to prevent animals from gaining entry. If any wildlife gets sealed inside while we are there doing the work, we will trap for free to remove it – while we are already on the property. If the work is completed and an animal is sealed inside, we offer a daily trapping fee to remedy the situation. $80 per day/visit. We will work as quickly as possible to remedy the situation. This is the only circumstance where we allow daily trapping versus a flat-rate full week.
GENERAL RELEASE OF LIABILITY (DAMAGE CLAUSE): “SPM” is not responsible for any damage occurring from locating, catching or removing nuisance animals. There is an inherent risk with our line of work. As a part of us being able to perform our job it could require us to walk on your roof, set ladders against the interior or exterior of the home, drill fasteners into your home or walk inside an attic. Although we take every precaution possible there is inherent risks involved and we are not liable for any damage to any roofing shingles, decking, fascia board, conduit, duct work, pipes, electrical wires, ceilings, drywall, or any other construction material, landscaping or decorative items damaged by nuisance wildlife or “SPM” in the process of performing wildlife services or wildlife exclusion.
We will take every measure absolutely possible to avoid any damage but it is possible that something unforeseen could occur. We have had zero claims in over a decade of providing these services, but there is always a chance of a first incident.
WILDLIFE REMOVAL IN STRUCTURE, WALL OR VOID: For “SPM” to locate and remove a nuisance animal, it may require cutting into, taking apart or removing material 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. SPM is not liable as this is a part of the inherent risk associated with the service rendered.
RODENTICIDE SERVICES (INCLUDING MOLE BAIT): As with all usage of registered pesticides, there are certain inherent risks that cannot be eliminated regardless of the caution taken. We are required to follow the Manufacturer’s label. We are not responsible for any unintended, accidental ingestion, illness, direct or secondary poisoning, or injury as a result of bait being properly placed as directed/instructed as an industry standard inside secured rodent baiting stations or mole bait being placed underground.
GUARANTEE OF EXCLUSION SERVICES: “SPM” guarantees all exclusion services rendered for Two (2) Years from the date of the agreement. There is absolutely NO CHARGE for the initial warranty. The warranty covers the locations where the exclusion services were performed and listed on each line item on the exclusion estimate. If an animal gains access past our work on the areas that we have sealed, “SPM” agrees to trap to remove the critter and repair the exclusion work in the same area at no additional charge to the client. If “SPM” is called out for a breach in the exclusion and it is determined that there was no breach in our exclusion work then there will be a trip/inspection charge depending on travel time and time involved in the inspection of $175 & up per occurrence. If we find additional areas that you were not charged for the first time, we will quote you for this (partial) limited work. If the price to seal new areas exceeds the inspection fee of $175 then we will waive the inspection fee. Under no circumstances will “SPM” warranty or guarantee any work performed by other companies.
VOID IN WARRANTY: Any modifications to your home that affect our exclusion work (examples: remodeling, painting, roofing, storm damage) will void our warranty & guarantee. IF WE SEAL YOUR HOME FROM RODENTS. ALL WILDLIFE FEEDING, SUPPLEMENTAL FEEDING, MUST STOP. You cannot have a rodent problem especially rats and continue to use bird seed, deer corn, cat food, etc outside your home. It will encourage an unnatural growth of the rodent population and it could eventually lead to a breach in our work. If we find evidence to support that the feeding is continuing it could void the warranty completely. If not voiding, it could cause a continual need for additional exclusion work.
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 agree 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 canceled 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 Dawson 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!