Terms & Conditions
These Terms & Conditions are for the thermal (heat) treatment of bed bugs (herein after referred to as the “Service Agreement”) entered into by and between the Purchaser and/or Customer (“Customer”) named in the Checkout section of www.debugyourbed.com (the “Website”) and BryMon Enterprises, LLC dba Debug Your Bed, a New Hampshire limited liability company (the “Company”). This Service Agreement provides the terms and conditions for either the rental of heat treatment equipment or the actual treatment of bed bugs, also known as “Cimex lectularius Linnaeus (“Bed Bugs”) by Company under the terms and conditions set forth below.
This Service Agreement is a contract for the rental of bed bug heat treatment equipment or the actual service of bed bug heat treatment. By clicking on the “I’ve read and accept the terms & conditions“ box on the checkout page of the Website, Customer agrees to the following:
- to pay Company, in consideration of performance of the Services (as defined below), the total amount displayed on the checkout page using either PayPal or COD (cash on delivery) before services are rendered;
- to accept the electronic receipt produced by the Website or produced by PayPal as evidence of the sale;
- to receive services on the day(s) agreed upon by both parties;
- authorizes the Company to submit all Customer charges to Customer’s credit card account;
- the rented equipment is the property of the Company;
- the rented equipment is in good working condition upon pick-up or delivery;
- the rented equipment will be returned in the same condition in which it was received (consideration is given for normal wear and tear);
- the Customer will become familiar with the proper care and operation of the equipment;
- the Customer will immediately return any malfunctioning or damaged equipment to the Company;
- the Customer will be responsible for paying for damaged equipment not due to normal wear and tear;
- if a deposit was collected at the time of the rental, customer agrees that the deposit will be used, if necessary, for the following reasons:
- to pay for damage to the equipment caused by neglect or improper use;
- to pay for extended rental time at a rate of $20 per hour if the equipment is returned late
- if the equipment is returned in good working order and on time, the deposit, if applicable, will be returned within 24 hours from returning the equipment
- if the Customer fails to abide by this Service Agreement, the Company may repossess the equipment without notice and is released from all claims made by the Customer;
- all charges for equipment, delivery, products or any other service chosen by the Customer and paid for at the checkout of the Website are due and non-refundable regardless of whether or not the equipment or services were used by the Customer; exceptions may be approved by Company
- the current order and related Terms & Conditions as established by the most recent transaction at the Website supersedes all prior written or oral agreements;
- the Customer agrees to pay for additional days, if needed, beyond what was purchased at the Website by submitting an additional order via the Website.
- if Customer does not own the treatment area or its contents, the Customer will receive written or verbal permission from the Landlord (rightful owner or manager of the treatment area) prior to the treatment of the treatment area.
In addition, if Customer has selected a Full Service (FS) Product, Customer agrees to the following:
- the rooms to be treated will be ready for treatment and comply with the criteria as outlined in the “Pre-Treament Instructions” which can be found on the Website;
- in the event that Customer is not ready for Company to proceed at the established time, Customer agrees to pay Company a fee of $200.00 as a rescheduling fee, and the Services to be provided herein will be rescheduled to a date selected by the Company, in the Company’s sole and absolute discretion;
- to provide access to the area to be treated at the scheduled time of service. In the event the Company is denied access to the interior of the structure, Company will not provide treatment and Customer agrees to pay Company a fee of $200.00 as a rescheduling fee, and the Services to be provided herein will be rescheduled to a date selected by the Company, in the Company’s sole and absolute discretion.
- Description of Full Service (FS products): Company will provide Thermal Heat services for the control of Bed Bugs within the specific rooms identified during the post-order consultation. Customer acknowledges and agrees that the Services do not, under any circumstances, provide for treatment for, or control of any other insect or organism and particularly not household pests. Further, due to the possibility of re-infestation Company offers no warranty other than what was communicated at the time of the order. It is expressly understood and agreed that Company has not been contracted to inspect or diagnose the existence of Bed Bugs or any other pest, insect or organism, unless Customer has ordered inspection services. The services to be performed by Company are a onetime treatment whereby Company shall heat the ambient air temperature of the room to be treated to 120 – 140 degrees Fahrenheit for 6 hours in most cases (the “Treatment”). Some treatments may require additional or less time.
- Treatment Areas: Company will apply the Thermal Heat Treatment, as it deems appropriate, to the specific rooms and structures to be treated as determined during the post-order consultation.
- Company’s Performance and Limitation of Liability: Company will perform the services outlined herein in a professional manner exercising reasonable care. During the Treatment, Company will use its best efforts to avoid damage to the structure(s), plants or animals located within the rooms specified for Treatment. Customer agrees and acknowledges, however, that the Treatment may cause damage to certain property not properly prepared as identified in the “Room-Prep-Instructions” downloadable file on the Website, and in no event shall Company be responsible for any damage caused by Company at the time the work is performed except those damages resulting from gross negligence on the part of the Company. Company shall in no event be liable for injuries or damages to persons, property, birds, animals or vegetation, except those damages resulting from gross negligence by Company. Further, under no circumstances will Company be responsible for any injury, disease or illness caused, or allegedly caused, by bites, stings or contamination of Bed Bugs or any other insects, spiders, rodents, or beetles located within the structure to be treated. Company representatives are not medically trained to diagnose Bed Bug borne illnesses, disease, or bites and have made no representations related to such health or medical matters. Customers are encouraged to consult a physician for any medical diagnosis. To the fullest extent permitted by law, Company will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages, arising from the services described herein. Customer agrees that Company’s liability shall be limited to the fee paid for the services in this Agreement.
In addition, if Customer has selected a Do-It-Yourself (DIY) rental package, Customer agrees to the following:
- INDEMNITY/HOLD HARMLESS: customer will take all necessary precautions regarding the equipment rented and protect all persons and property from injury or damage. Customer agrees to hold harmless the company from and against any and all liability, claims, judgments, attorneys’ fees and costs, of every kind and nature, including, but not limited, to injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the equipment rented, however caused, except claims or litigation arising through the sole negligence or willful misconduct of the company.
- ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY:customer is fully aware and acknowledges there is a risk of injury or damage arising out of the use or operation of the equipment rented here under and hereby elects to voluntarily enter into this service agreement and assume all of the above risks of injury or damage. Customer agrees to release and discharge the company from any and all responsibility or liability from such injury or damage arising out of the use or operation of the equipment; and customer further agrees to waive, release and discharge any and all claims for injury or damage against the company which customer otherwise may be entitled to assert.
- OPERATORS:No operators are furnished, directly or indirectly with equipment.
- RECEIPT/INSPECTION OF EQUIPMENT:Customer rents the equipment on an “as is” basis. Customer acknowledges that he has, or will, personally inspect the equipment prior to its use and finds it suitable for Customer’s needs. Customer acknowledges receipt of all items rented by Customer and that the equipment is in good working order and repair and that Customer understands (without further instructions) its proper operation and use.
- POSSESSION/TITLE:Customer’s right to possession of the equipment begins upon equipment pick up by Customer or delivery by the Company and terminates on the agreed drop off or retrieval date determined during the checkout process and post-checkout consultation. Retention of possession after this date constitutes a material breach of this Rental Contract. Time is of the essence of this Re