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HomeMy Public PortalAboutAgreement_2016-03-28_Orkin Services of California_Wildlife Trapping_Primrose Prop<0>01 Orkin Services of SPECIAL SERVICE COMMERCIAL AGREEMENT California, Inc. THIS AGREEMENT IS CONTINGENT UPON THE APPROVAL AND SIGNATURE OFA REPRESENTATIVE 126-18126003 OF ORKIN BRANCH MANAGEMENT, WHO HAS SOLE AUTHORITY TO EXECUTE N ON BEHALF OF ORION. ROUTE If GRID SERVICE DAY BUSINESS TYPE DATE 0 3-28.16 thm 4.1-16 Apartment 3-24-16 ACCOUNT NAME(CUSTOMER) BRANCH OFFICE PHONE Temple City 710 (866) 580-1813 SERVICE ADDRESS: NUMBER, STREET BILLING ADDRESS: NUMBER, STREET 5934 Primrose Ave 9701 Las Tunas or CITU, STATE, ZIP CODE CITY, STATE, ZIP CODE Temple City Ca 91780 Temple City Ca 91780 TYPE AND NO. OF STRUCTURES TO SERVICE PERSON TO CONTACT Mutt family Sandra Scott PESTS TO BE TREATED(SPECIFIC OCCASIONAL INVADERS)(00 NOT ABBREVIATE) SERVICEPHONE OFFICE PHONE Possum (626) 285-2171 (626) 285-2171 ext 4351 PRODUCTS PURCHASED Na PROBLEM AREAS Exterior. Wild life trapping for 5 days. Place trap on left side of property near fence. I agree to pay ORKIN, INC., the below amount, at this Ume for treatment of the pestle) indicated. Possum was under a dryer and was scared out. SERVICES RENDERED $ 499.00 PAYMENT MADE BY: No guarantee the possum will return and get trapped. PRODUCTS PURCHASED $ 0 ❑ PO # SALESISERVICE TAX $ 0 ❑ CHECK ❑ CASH AMOUNT DUE $ 499.00 p COMPLETE EASY SPECIAL INSTRUCTIONS 8 1TREATMENT AMOUNT PAID ($ o) PAYMENT FORM B 2TREATMENTS 0 (OTHER) Widififfetrapping BALANCE DUE $ 49000 On file, bill invoice This Special Service Commercial Agreement is guaranteed for 30 days only and WILL NOT provide permanent Control Or Continuous protection. Service Exclusions: 1. Services Requiring a Separate Agreement: The MEDIATIONIARBITRATION: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE SERVICES PERFORMED BY ORKIN UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT, REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR AFTER THE EXECUTION, TRANSFER OR ACCEPTANCE OF THIS AGREEMENT, Customer understands that this Agreement does not cover Bed Bugs, Ca enter Ants, Fire Ants, or Mos uitoes. Service for these ests requi a rP q P q INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR PERSONAL OR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE separate Agreement or Addendum. The requirement of a separate agreement ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION or addendum can not be waived by the Customer or any employee or agent of Orkin. 2. Additional Exclusions: This Agreement does not cover Brown g Recluse Spiders. This exclusion can not be waived by the Customer or any ASSOCIATION ('AAAI AND SHALL BE CONDUCTED BY AAA. IF ADMINISTERED UNDER THE AM RULES, A CLAIM SHALL BE DETERMINED UNDER THE MA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES IN CASES WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE MA COMMERCIAL employee or agent of Orkin. Limitation of Liability: The Customer expressly releases Orkin from liability ARBITRATION RULES. THE CUSTOMER AND ORKIN AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE TERMS AND CONDITIONS OF THISAGREEMENT. THE ARBITRATOR'S POWERS TO CONDUCT ANY. ARBITRATION PROCEEDING for any claim for personal injury (including stings or bites from any pests) or properly damage (10 include the structure or contents) GGUsed by any petit. The Customer agrees that under no circumstances shall Orkin be liable for UNDER THIS AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION OR AANNDDWILL RNOT PROCOCEEDING EED AS A CLASS ACTON, PRIVATEANY OMER ATTONT RNEYYAGENERAL ACTION OER R any amount greater than the amount paid by the Customer to Orkin for the Se NICeS to be provided. In n0 event will Orkin be responsible for consequential P P q damages for loss of use of property. Any claim by the Customer for damages SIMILAR REPRESENTATIVE ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE 13) ARBITRATORS, BUT IN THE ABSENCE OF THE PARTIES' AGREEMENT, THE REQUESTING PARTY SHALL BE RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE must be made in writing within one (1) year of the incident at issue or it will be deemed Waived. Indemnification: The Customer agrees to defend, indemnify and hold harmless Orkin, its directors, officers and employees, agents and representatives, from and against an and all Claims, lawsuits, losses, p g y AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBORATOR S) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PARTY AY WITHIN 3e O�YS OF THE ORIGINAL AWARD REQUEST AN ARBITRAL APPEAL TO AN APPEAL TRIBUNAL, CONSTITUTED IN THE SAME NUMBER AND BY THE SAME PROCESS AS THE INITIAL ARBRRATOR(S). THE APPEALING PARTY SHALL BE RESPONSIBLE FOR THE FILING FEE AND OTHER ARBITRATION FEES AND COSTS SUBJECT TO AWARD BY THE APPEAL TRIBUNAL UNDER APPLICABLE LAW. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT penalties, damages, expenses (to Include reasonable attorney's fees), settlements, costs, charges and liabilities of every kind and nature arising out of or relatingto an and all claims, demands, obligations, actions, proceedings v 9 P g UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND ORKIN ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE or causes of actions of every kind and character, including injury to person or COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING property of whatsoever kind and nature in connection with the services provided hereunder hereinafter "CLAIM° , UNLESS SUCH CLAIM IS P I ) CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RECOURSETO ARBITRATION, CUSTOMER AND ORKIN EACH AGREESTOTRY IN 6000 FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AM COMMERCIAL MEDIATION RULES WITH ORKIN AGREEING TO PAYTHECOSTSOFTHE MEDIATION. ORKIN. CHEMICAL INFORMATION WARNING: Customer shall notify all persons an the premises that Orkin will ba applying pesticides In and around the premises, and that virtually all pesticides have some odor which may be present for a short time after application. It Customer knows of any person on the premises who Believes they have a sensitivity to pesfiddes or who has a medical condition affected by Pesticides, then Marcos Ramirez 985874 Customer shall m notify Orkin in writing. At Customer's request, Orkin will provide information about the chemicals In he used in treating the premises. ORKIN INSPECTOR ENTIRE AGREEMENT: B any provision or portion trained, of this Agreement is round to be Invalid or unenforceable, It shall not affect Ne validity or enforceability of arty chat part of this Agreement Provldeq 357 E Arrow Hwy. 9205 however, that as to the MEDIATION/ARBITRATION paragraph, If the sentenceproducing the arbitrator from conducting an arbitration proceeding as a class, representative or private aVomey general action is BRANCH ADDRESS: STREET fund to be Invalid or unenforceable then the entirely of the MEDIATION/ARSITRATION paragraph shall be San Dimes Ca 91773 deemed to be delmadAfrroom fhle Ali76 Lb Accepted By: IiCIII CITY, STATE, ZIP CODE l� /DATE: 3.24-16 Signature Downer 0 Lessee 0 Agent � s�a L�, Title /L 2 us ss..._.,,NM� Management Approval - This agreement has been varied and monies have been received as Indicated. AG„so REv.artms calrcpmla LOCATION Customer Email: ymonroy@templecity.us