NOTICE TO CUSTOMER: Please ask your applicator about special preparations you may need to make (yard, house, pool) prior to application, and other precautionary measures specific to the material applied. DEFINITION OF A PESTICIDE A pesticide is any substance or mixture of substances intended to control pest infestations. The word “pesticide” is an umbrella term for products that control a wide range of pests. Pests commonly found include weeds, insects, diseases, mites and rodents. Pesticides designed to control these types of pests are called herbicides, insecticides, fungicides, miticides, or rodenticides. Another groups of pesticides called plant growth regulators are used to manage the growth of plants in the landscape. State and federal laws require that pesticides must be applied in accordance with label directions. Labels direct users as to how, where and at what rate the material must be applied. Upon request, your applicator will supply you with a label of the material applied. HOW PESTICIDES WORK Products intended for use on your property may be applied as a liquid, dust, aerosol, granule, bait or fumigant and are generally active for a few minutes to a few months. Some compounds control pests on contact by damaging the physical structure of the pest. Other compounds become active only after they are absorbed or ingested. They then interfere with physical development or prevent the pest from reproducing. Pesticides may be effective against a large class of organisms or may be specific to particular organisms. This means that applicators can often choose an effective pesticide or pest control strategy that will minimize potential impact to humans, pets or non-target organisms. WHY PESTICIDES ARE USED Pesticides are a tool people use to protect crops, homes, animals, structures, or ornamental plants from pest damage. Examples are protection of buildings from termites, turf from weeds or insects, utility right-of-way areas from damaging trees, and indoor environments from invasion of insects or rodents. Pesticides may be used to control mosquito or gypsy moth populations, to protect food crops or control weeds in lakes and ponds. GENERAL TOXICITY INFORMATION Toxicity is the measure of a substance to cause harm. Health risks from pesticides are generally related to the amount of exposure and the toxicity of the compound. Pesticides can enter the body by ingestion, inhalation, or absorption through the skin. One of the most effective ways of reducing exposure is by restricting access to the treated area. There are two broad classes of pesticides established by the United States Environmental Protection Agency – general use products and restricted use products. General use products are usually considered to have a lower toxicity or risk than restricted use pesticides, and have fewer restrictions regarding who may purchase or use the products. The general public may purchase and use general use products. Restricted use products can be purchased and used only by state certified applicators. The majority of materials used in and around homes are general use pesticides. COMMON SENSE PRECAUTIONARY MEASURES AND SITE PREPARATION • Do not enter the treatment area while an application is in progress. Remain out of the treated area until the time period specified by the applicator has expired. Additional supervision may be needed for small children. • If food crops are treated there may be a pre-harvest interval during which you may not harvest the crop. • For indoor applications – put away food, children’s toys and clothing, cover fish tanks, and remove pets. • For outdoor applications – put away children’s toys and any clothing drying on a line, remove pets, cover or discard water for pets and in birdbaths, and ensure that applicators know if there are areas, such as children’s play areas, that should not be treated. • Persons on prescription medications including Tagomet and Dilantin, should contact their doctor regarding possible drug-pesticide interactions. Persons with medical conditions such as asthma should contact their doctor about possible implications. ENVIRONMENTAL FATE OF PESTICIDES Exposure to light, heat and other environmental factors cause pesticides to deteriorate. The amount of time that it takes to break down the pesticide depends on temperature, humidity, light, moisture conditions and other factors. As a result, degradation times are highly variable depending on the compound and environmental situation. Generally those pesticides that are the most effective and least persistent should be selected by your applicator. IF YOU THINK YOU HAVE AN UNUSUAL REACTION If you have a reaction due to exposure, immediately wash the exposed areas with soap and water. Go to the nearest doctor or hospital. Do not drive yourself. Take any information you may have regarding the pesticide used, including a copy of the customer information provided to you by the commercial pesticide applicator. Have your doctor obtain emergency information about the pesticide you may have been exposed to by calling the Poison Control Center at 800-222-1222 or by calling the National Pesticide Telecommunications Hotline at 800- 858-7378, or get information online at www.npic.orst.edu.
Rockwood Services, Inc. Terms and Conditions1. Materials A. The materials used in pest control and lawn care comply with federal, state, and local laws and shall be acceptable to you. B. All pest control and lawn care services shall be performed in accordance with the most effective scientific pest control procedures.
2. Your Cooperation A. Your cooperation is important to ensure the most effective results. Whenever conditions conducive to breeding or harborage of pests covered by this contract are reported in writing and are not corrected, Rockwood Services, Inc. cannot assure satisfactory results. Watering and other factors may limit results or impede progress. B. If the conditions noted by Rockwood Services, Inc. are not corrected, there shall be no guarantee on services provided.
3. Rockwood Services, Inc. will furnish a certificate of insurance upon request.
4. Notice of Claims. Any claim under the terms of this agreement must be made immediately in writing to Rockwood Services, Inc. at 10193 Meadowgate Dr NE Sparta, MI 49345.
5. Disclaimer. EXCEPT AS OTHERWISE PROHIBITED BY LAW, ROCKWOOD SERVICES, INC. DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, STIGMA AND/OR LOSS OF ENJOYMENT DAMAGES. THE OBLIGATIONS OF ROCKWOOD SERVICES, INC. SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION OR RESPONSIBILITY EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Non-payment, default. In case of non-payment or default by the purchaser, Rockwood Services, Inc. has the right to terminate the agreement and reasonable attorney’s fees and costs of collection shall be paid by the Purchaser. A 10% late fee will be added to any invoice that is not paid on its due date or more than 30 days after receipt of invoice.
7. Mandatory Arbitration. Purchaser and Rockwood Services, Inc. agree that any claim, dispute or controversy (“Claim”) between them or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to this agreement or the relationships which result from this agreement, including but not limited to any tort, or statutory Claim, shall be resolved by neutral binding arbitration by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal district in which the Purchaser resides. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, www.arb-forum.com or by calling 1-800-474-2371. Each party shall be responsible for paying its own fees, costs and expenses and the arbitration fees as designed by the Code. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action. The decision of the arbitrator shall be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1- 16. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration agreement or of the arbitrator’s award. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION
Severability. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect. Chemical Application Reporting. By signing the Agreement or providing written or verbal consent, Customer acknowledges receipt and understanding of these terms; Customer agrees that Contractor may electronically submit reports of applications of pesticides, herbicides, and other chemicals within 48 hours of application per Reg. 637, Rule 12.2
Rockwood Services, Inc. Terms and Conditions1. Materials A. The materials used in pest control and lawn care comply with federal, state, and local laws and shall be acceptable to you. B. All pest control and lawn care services shall be performed in accordance with the most effective scientific pest control procedures.
2. Your Cooperation A. Your cooperation is important to ensure the most effective results. Whenever conditions conducive to breeding or harborage of pests covered by this contract are reported in writing and are not corrected, Rockwood Services, Inc. cannot assure satisfactory results. Watering and other factors may limit results or impede progress. B. If the conditions noted by Rockwood Services, Inc. are not corrected, there shall be no guarantee on services provided.
3. Rockwood Services, Inc. will furnish a certificate of insurance upon request.
4. Notice of Claims. Any claim under the terms of this agreement must be made immediately in writing to Rockwood Services, Inc. at 10193 Meadowgate Dr NE Sparta, MI 49345.
5. Disclaimer. EXCEPT AS OTHERWISE PROHIBITED BY LAW, ROCKWOOD SERVICES, INC. DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, STIGMA AND/OR LOSS OF ENJOYMENT DAMAGES. THE OBLIGATIONS OF ROCKWOOD SERVICES, INC. SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION OR RESPONSIBILITY EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Non-payment, default. In case of non-payment or default by the purchaser, Rockwood Services, Inc. has the right to terminate the agreement and reasonable attorney’s fees and costs of collection shall be paid by the Purchaser. A 10% late fee will be added to any invoice that is not paid on its due date or more than 30 days after receipt of invoice.
7. Mandatory Arbitration. Purchaser and Rockwood Services, Inc. agree that any claim, dispute or controversy (“Claim”) between them or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to this agreement or the relationships which result from this agreement, including but not limited to any tort, or statutory Claim, shall be resolved by neutral binding arbitration by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal district in which the Purchaser resides. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, www.arb-forum.com or by calling 1-800-474-2371. Each party shall be responsible for paying its own fees, costs and expenses and the arbitration fees as designed by the Code. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action. The decision of the arbitrator shall be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1- 16. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration agreement or of the arbitrator’s award. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION
Severability. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect. Chemical Application Reporting. By signing the Agreement or providing written or verbal consent, Customer acknowledges receipt and understanding of these terms; Customer agrees that Contractor may electronically submit reports of applications of pesticides, herbicides, and other chemicals within 48 hours of application per Reg. 637, Rule 12.2