IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE BETWEEN YOU AND SENSKE SERVICES. PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”
CUSTOMER ACKNOWLEDGMENT. Customer hereby acknowledges that Customer has read and fully understands the following terms and conditions which shall be deemed a binding part of Customer’s contract with Senske Services for lawn, tree and pest control services. Customer further acknowledges that these terms and conditions are a material inducement for Senske’s agreement to enter into a contract with Customer for said services.
TIMING OF SERVICE. Senske is responsible for scheduling and timely treatment. Programs start in early spring and continue through late fall. Lawn and Tree Care Program services are generally made on four to eight (4-8) week intervals. Timing of the services is based on the weather, property location and the plant care needs.
PAYMENT TERMS. After each service you will receive an invoice. The invoice is due and payable immediately. Should you discontinue service, all unpaid invoices are immediately due and payable. Once this Agreement is canceled by you Senske has no further service liabilities under the terms of the warranty (see THE SENSKE PROMISE TO YOU). If at any time we have to re-bill you due to a late payment a minimum charge of $2.00 or a service or finance charge of the maximum allowable by law will be added to your account.
THE SENSKE PROMISE TO YOU. Please follow our tree, pest and lawn management recommendations and give the program of treatments a reasonable period of time to produce results. Having done so, and based on continuous non-interrupted service on one of the Senske programs, Senske promises you will see substantial weed reduction, turf damaging insect control in lawns (WHEN CUSTOMER SUBSCRIBES TO TURF DAMAGING INSECT CONTROL SERVICES AND THEY ARE PAID FOR OR PROVIDED AS PART OF INDUCEMENT TO BUY A LAWN PROGRAM), healthy lawn color (except under drought conditions or improper water coverage from irrigation systems) and freedom from covered pests (structural pest control programs). Then, if you’re not completely satisfied, call us within thirty (30) days of the last treatment and we will work with you until you are satisfied at no additional cost.
Please note: SOME SENSKE TREATMENTS UTILIZE PRODUCTS WITH A LABELING REQUIREMENT FOR WATERING-IN. YOU AGREE THAT IF THE INFORMATION LEFT AT YOUR DOOR FOLLOWING TREATMENT BY SENSKE INSTRUCTS YOU TO WATER IN THAT TREATMENT. YOU WILL DO SO.
LIMITED WARRANTY. Both parties agree that in the event of failure of this product or service, the sole and exclusive remedy available to you the customer shall be the refund of the cost of services provided under this agreement or a repeating of the service delivered, at the discretion of Senske.
SERVICE CALLS/ SERVICE CONTINUITY. It will normally take a period of time and multiple treatments for best results to be attained. Continuous treatments then provide for proper maintenance of your property. Your lawn or tree’s response will depend on the condition of your property prior to our beginning, the type of grasses, trees, and shrubs, and whether the lawn is mowed and watered properly. After that, continuous Senske care will protect your property from seasonal pest problems and provide proper nutrition. If a problem arises or you believe that a treatment is ineffective, call the office and we will take care of the problem. NOW. We will schedule a special visit to your property. Our results over time are a function of continuous non-interrupted service. Accordingly, if you skip a treatment we cannot honor our SENSKE PROMISE or LIMITED WARRANTY, and you will be billed for service calls requested by you at the regular service treatment cost.
CONTINUOUS SERVICE. To optimize the effectiveness of your plan, your plan continues from year to year without any action on your part. This includes any services purchased initially or added at a later time. At the end of each calendar year, we will remind you that your plan will resume in the coming year. Remember, your plan will continue unless you contact us at (800) 326-2071 to cancel. Either you or Senske may cancel service of your plan at any time, subject to your obligation to pay for all services previously provided. (See Payment Terms).
CONTACT INFORMATION. To the extent allowed by law, by providing your phone number to Senske Services, you expressly consent for Senske Services, along with its agents and affiliates, to contact you by telephone, including through the possible use of an automatic telephone dialing system or other automated technology, text and pre-recorded message, with offers and other information regarding Senske Services’ products and services. You expressly consent to be contacted through such means at the telephone numbers (including wireless numbers) you provide to Senske. You represent and warrant that any mobile or wireless telephone number you provide belongs to you and is associated with a mobile device in your possession. You will notify Senske if your mobile or wireless telephone number changes. Consent is not a requirement of purchase.
BINDING EFFECT. This document constitutes a valid agreement between you and Senske Services. The rights and obligations created hereunder shall be binding upon you and Senske and their respective successors. Senske Services shall further have the right to assign any of its rights and obligations to another company. No other person shall acquire or have any rights under or by virtue of these Terms & Conditions.
MODIFICATIONS. Senske Services reserves the right to revise its Terms & Conditions from time to time. You will be notified of any changes and agree that your continued use of Senske Services after receiving such notice constitutes acknowledgment and willingness to be bound by the revised terms and conditions.
WAIVER; SEVERABILITY. It will not be considered a waiver of Senske Services’ rights if Senske fails to enforce any of these Terms or Conditions. In the event a court finds a provision in this Agreement to not be valid, you and Senske Services agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid and enforceable.
SURVIVAL. The terms and provisions contained herein that by their nature and content are intended to survive the performance of Senske Services’ obligations shall so survive the completion of the performance, expiration and termination of this Agreement.
LIMITATION OF LIABILITY. Senske Services’ entire liability and your sole and exclusive remedy for any and all losses and damages for any cause of action arising out of services provided to you by Senske Services shall be limited, at Senske Services’ option and in Senske Services’ sole discretion, to a refund of payment(s) for the service(s) at issue, or, the repair of your lawn as determined by Senske Services in its sole discretion. IN NO EVENT SHALL SENSKE SERVICES BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR EXPENSE IN AN AMOUNT IN EXCESS OF YOUR ANNUAL TOTAL INVESTMENT, CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO CLAIM ANY ADDITIONAL DAMAGES, INCLUDING BUT NOT LIMITED TO: ANY LOSS OF USE OR PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS REPUTATION, EXPENSES OR COSTS ARISING FROM OR ALLEGED TO ARISE FROM BUSINESS INTERRUPTION, DAMAGE TO REAL OR PERSONAL PROPERTY, AND FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR OTHER BREACH OF DUTY BY SENSKE SERVICES.
GOVERNING LAW - VENUE. All disputes between you and Senske Services shall be governed by Washington state law and resolved exclusively in the state or federal courts located in Benton County, Washington.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP. You and Senske Services agree that each may bring claims against the other only in your or its individual capacity and not as a member of any class or as part of a class or representative action. Unless you and Senske Services agree, a court may not consolidate any dispute between us with disputes involving other people OR PARTIES.