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*ROUND WINDOWS:1-Early Spring;2-Late Spring;3-Early Summer;4-Late Summer;5-Early Fall;6-Fall;7-Late Fall
<br /> —Additional recommended service
<br /> TRU
<br /> COMMERCIAL Standard Terms and Conditions
<br /> 1. Term.The term of this Agreement shall one(1)year from the date signed by you,the Customer.
<br /> 2. Price increases. Prices of services provided in this agreement may be increased should you add property under this agreement,or in the event of increases in the cost of fuel,material,or labor,or costs
<br /> incurred by TruGreen due to government regulation and other causes,in addition. TruGreen may elect to increase the price of services under this agreement after the first year,or after any subsequent
<br /> anniversary date of the agreement by a percentage amount not to exceed five percent(5%)of the then current price,or consistent with any increase in the current consumer price index,whichever is greater.
<br /> TruGreen shall not increase its prices on an elective basis more frequently than once during any agreement year.
<br /> 3. Payment Terms. Payment is due to TruGreen within 30 days after the invoice date. In the event you fail to make payment when due. TruGreen reserves the right to terminate this Agreement.A late service
<br /> fee equal to the lesser of
<br /> 1.5%per month(18%a.p.r.)or the maximum interest rate allowed by law will be charged on any balance unpaid over thirty(30)days.A service charge of$25.00 will be charged for
<br /> any returned check. Should it become necessary to bring an action to collect amounts due under this agreement,you agree to pay all costs of such collection including,but not limited to,any reasonable
<br /> attorney's fees or other professional fees and court costs.
<br /> 4. Check processing policy ACH.When you provide a check as payment,you authorize TruGreen either to use information from your check to make a one-time electronic fund transfer from your account or to
<br /> process the payment as a check transaction. If TruGreen uses information from your check to make an electronic fund transfer,funds may be withdrawn from your account as soon as the same day we receive
<br /> your payment,and you will not receive your check back from your financial institution. Returns: in the event that your payment is returned unpaid,you authorize us the option to collect a fee as allowed by lawn
<br /> through an electronic fund transfer from you account.
<br /> 5. Termination. In the case of your non-payment of default. TruGreen has the right to terminate this Agreement immediately upon notice to you. TruGreen mayterminate this Agreement for convenience upon
<br /> thirty(30)days prior written notice to you.You may cancel this Agreement for material breach by TruGreen,provided that you give TruGreen written notice of the details of the breach,and thereafter TruGreen
<br /> fails to cure the breach within thirty(30)days after said notice. (a).Additional terminationrovisions for landsca a com anies ro ert mana ement com anies a ents and other similar entities: To the extent
<br /> you represent one or more property owners and/or properties covered under this agreement,and in the event such owner terminates your contract with regard to one or more properties,then upon notice to
<br /> TruGreen,you may terminate this Agreement only as it relates to such property for which owner terminated its contract with you. To the extent that this Agreement applies to other properties,not terminated by
<br /> the owner,this Agreement shall continue in full force and effect with regard to such other properties.
<br /> 6. Sale of Property.You agree to notify TruGreen in writing immediately in the event that you sell any property which is the subject of this Agreement. TruGreen shall make the appropriate adjustment in price
<br /> to accommodate the reduction of square footage treated in the event that property is sold. In the event all property which is the subject of the Agreement is sold,this Agreement shall be terminated upon receipt
<br /> by TruGreen of your written notice that you have sold the property. Should you fail to notify TruGreen as required in this provision,you agree to indemnify TruGreen for any damages incurred as a result of your
<br /> failure to notify.
<br /> 7. LIABILITY. TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM ITS NEGLIGENCE OR BREACH OF THIS AGREEMENT,BUT IS NOT RESPONSIBLE FOR ANY INDIRECT,
<br /> INCIDENTAL,CONSEQUENTIAL,PUNTIVIE,OR SPECIAL DAMAGES ARISING OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THE
<br /> AGREEMENT INCLUDING,BUT NOT LIMITED TO,LOSS OF PROFITS OR INCOME,REGARDLESS OF THE BASIS FOR THE CLAIM.
<br /> 8. Duty to inspect.You have a duty to inspect the property within fifteen(15)days after service has been performed by TruGreen,if you believe TruGreen provided deficient work,you agree to notify TruGreen
<br /> immediately in writing,. If written notice is not received by TruGreen within fifteen(15)days after the date of service,you agree that any and all claims alleging damage of any nature or to recover past payments
<br /> and/or rights to withhold future payments due under this Agreement are waived.
<br /> 9. Notice to tenants,employees,invitees. To the extent necessary,you have a duty to notify all tenants,employees,visitors and any other invitee on the premises of a scheduled service prior to the
<br /> performance of any scheduled service by TruGreen.
<br /> 10. No Warranties. Except as expressly set forth in this Agreement. TruGreen makes no warranty or representation of any kind,expressed or implied,concerning either products used or services performed,
<br /> including no implied warranty of merchantability or fitness of the product for any particular purpose and no such warranty shall be implied by law,usage of trade,course of performance,course of dealing,or on
<br /> any other basis.
<br /> 11. Force maieure. Except for the payment of TruGreen's invoices owned by you,if either TruGreen or you shall be prevented or delayed in the performance of any or all of the provisions of this Agreement,by
<br /> reason of any labor dispute,industry disturbance,delay in transportation,governmental,regulatory or legal action,act of God or any cause beyond such partys control,the obligations hereunder of such party
<br /> shall be extended for as long as such cause shall be in effect and any delay or loss suffered by the other party shall not be chargeable in any way to such party,provided,however,the other party suffering such
<br /> cause shall immediately notify the other party of such inability and shall use reasonable efforts to remedy same with all reasonable dispatch. If any event of force majeure should prevent a party from performing
<br /> its obligations under this Agreement for a period of ninety consecutive(90)days,the other party shall have the right to cancel this Agreement upon notice to the party unable to perform its obligations.
<br /> 12. No assignment.You shall not have the right to assign this Agreement or agree to the transfer of this Agreement by operation of law or otherwise without the prior written consent of TruGreen. This
<br /> Agreement shall be binding upon,and shall inure to the benefit of,the parties hereto and to any permitted successors and assigns.
<br /> 13.Watering Cultural Practices. The success of this program depends on proper watering,mowing and cultural practices. Some products used by TruGreen may include label directions requiring the watering
<br /> Of the material after application. If any of these products are used on the property. TruGreen will provide you with watering instructions following the application and you agree to assume such watering
<br /> responsibility. Climate conditions,soil conditions,plant diseases,plant material,and miscellaneous external factors will impact response to treatment. Results for difficult-to-control diseases will vary depending
<br /> on environment,culture and agronomic programs used or treatment applied. Treatment for diseases may include additional cost. Consult your TruGreen specialist for details.
<br /> 14. Modification of program. This program consists of lawn care and/or tree and shrub care as indicated above. Specific products,rates of application and method of application will vary with the season,
<br /> weather conditions,and the needs of your lawn as determined by your TruGreen specialist.Your regularly scheduled programs may be modified depending on the weather and the condition of your landscape.
<br /> The application methods and procedures used to perform service under this Agreement will be determined solely by TruGreen.Your TruGreen specialist will keep you informed on any modifications to this
<br /> schedule.
<br /> 15. Insects and Borers. Total insect elimination is not desirable with any program because beneficial insects will be lost along with the targeted pest. Plants invaded by borers have a high probability of death
<br /> or decline. Sound cultural practices and control applications may extend the life of some plant species. Treatment for boring insects may include additional cost. Consult your TruGreen specialist with details.
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