GENERAL PROVISIONS
MATERIAL: The products used by Springer Professional Home Services (further known as Springer) conform to federal and state laws. The work will be performed in a professional manner. All equipment and or devices placed in, on or around the structure, remain the property of Springer unless specified in writing.
INSURANCE: Springer shall maintain all necessary insurance coverage during the term of the Agreement.
LIMITATION OF LIABILITY: This Agreement does not cover flying pests, urban wildlife, wood-boring beetles, mold, snakes or fungus. Springer’s liability under this Agreement is limited to re-treatment of infestations only, unless a Certificate of Protection has been issued.
EXISTING DAMAGE: Springer is not responsible and has no duty to repair or disclose either visible damage (noted on the attached graph) or hidden damage existing as of the date of this Agreement. Because damage may be present in areas that are inaccessible to visual inspection, Springer does not guarantee that the damage disclosed on the inspection graph represents all of the existing damage as of the date of this Agreement.
DISCLAIMER: Springer’s liability under this Agreement will be terminated if Springer is prevented from fulfilling its responsibilities under the terms of this Agreement by reason of delays in transportation, shortages of fuel and/or materials, strikes, embargoes, fires, quarantine restrictions, or any other act of God or circumstances or cause beyond the control of Springer. Springer disclaims any liability for special, incidental or consequential damages not covered in the written warranty.
CHANGE OF LAW: Springer performs its services in accordance with the requirements of federal, state and local laws. In the event of a change in exiting law, as it pertains to the service promised herein, Springer reserves the right to revise the service charges or terminate this Agreement.
NON-PAYMENT, DEFAULT: In case of non-payment or default by the purchaser, Springer has the right to terminate this Agreement. In the event litigation is initiated to enforce the provisions of this Agreement, the prevailing party shall be entitled to payment for reasonable attorney fees and costs as set by the court at the trial or appellate levels. In addition, interest at the highest legal rate will be assessed for the period of delinquency.
ARBITRATION: The purchaser and Springer agree that all matters in dispute between them, including but not limited to (i) any controversy or claim between them arising out of or relating to this Agreement, (ii) any wood destroying insect report with respect to the described property or (iii) The described property in any way, in any such case whether by virtue of contract, tort or otherwise, shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules then in force of the American Rules of Evidence, whether or not set out by statute, except for provisions relating to privileged communications. The Arbitrator shall give effect to any and all waivers, releases disclaimers, limitations, and other terms and conditions of this Agreement. Therefore, the award shall not, and the Arbitrator shall not, have the power or authority to hold responsible for (i) the repair or replacement of any termite damage to the described property (ii) loss of anticipated rents and/or profits or loss of quite enjoyment or (iii) direct, indirect, special, incidental, consequential, exemplary, or punitive damages. Each party shall be responsible for paying any attorney’s fees, expert witness fees, and other expenses incurred by the Arbitrator, and the award shall assess the Arbitrator’s fees and expenses accordingly. Any award of damages pursuant to such arbitration shall be included in a written decision, which shall state the reasons upon which the award was based, including all the elements involved in the calculation of any award of damages. The decision of the Arbitrator shall be a final and binding resolution of the disagreement, which may be entered as a judgment by any court of competent jurisdiction, resolution of the disagreement, which may be entered as a judgment by any court of competent jurisdiction. Each party consents to the personal jurisdiction and venue of the courts in which the described property is located. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration provision or of the Arbitrator’s decision and a party violating with this provision shall pay the other party’s cost, including but not limited to attorney’s fees, with respect to such suit and the Arbitration award shall so provide.
ENTIRE AGREEMENT: This Agreement, the inspection report and Certificate of Protection (if issued) constitutes the entire Agreement between the parties and no other representations or statements will be binding upon the parties.