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 Rental Contract. Any extension of this Rental Contract must be agreed upon in writing or verbally. Title to the equipment is and shall remain in the Company’s name. If the equipment is not returned and/or levied upon for any reason whatsoever, the Company may retake said equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold the Company harmless from any and all claims and costs arising from such retaking and/or levy. If equipment is levied upon, Customer shall notify the Company immediately. The Company will utilize its reasonable efforts to deliver and retrieve rental items from locations determined solely by Customer; accordingly, Customer assumes sole risk and liability for any personal or property damage occurring at such locations.
- DISCLAIMER OF WARRANTIES:The Company makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the equipment is fit for Customer’s particular intended use, or that it is free of latent defects. The Company shall not be responsible to Customer or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. The Company shall not be responsible for any defect or failure unknown to the Company. Customer’s sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that customer notifies the Company immediately and in writing of such failure and returns the equipment to The Company within 24 hours of such failure.
Other Terms & Conditions:
Specific Exclusions: This Service Agreement does not cover and in NO EVENT WILL THE COMPANY BE RESPONSIBLE FOR: 1. Expenses related to the replacement of linen, upholstery, and furniture, mattress soiling or related costs. 2. Expenses related to medical evaluation or treatment for bites associated with Bed Bugs. 3. Damages or expenses for any claim of personal injury related to an infestation of Bed Bugs. 4. Loss of income claimed to be related to any Bed Bug bites or associated illnesses. 5. Specific damage to electronics, laminated or thermofoil cabinetry or furnishings, PVC banded cabinetry or furnishings, and all flooring types. These specific exclusions are in addition to the other exclusions contained in this Service Agreement.
AIR CONDITIONING, HEATERS, SPRINKLER SYSTEMS, GAS AND BURGLAR UNITS: The occupant must turn off any and all of these and similar units before treatment is to be performed by the COMPANY. This includes turning gas off at the meter. No open flames or pilot lights are to be on or restarted until after the COMPANY’S treatments have been concluded. If the systems cannot be turned off for any reason before any services are performed, the customer understands the COMPANY and insurers will not be held responsible for any property or damages caused by any of these units, systems or similar mechanical items.
Some dwellings may have heat sensors that will activate during a heat treatment. It is the responsibility of the owner/renter/landlord/association to take the necessary steps to deactivate such heat sensors. This may require pulling a permit in the town in which the dwelling exists. In addition, Customer must inform Company PRIOR to arriving for the heat treatment of any such fire alerts systems.
Governing Law: This Agreement shall be construed in accordance with, and governed by, the laws of the State of New Hampshire as applied to contracts that are executed and performed entirely in New Hampshire.
Jurisdiction/Venue: The parties hereby irrevocably submit to the jurisdiction of any New Hampshire court, or federal court sitting in Merrimack County, over any suit, action or proceeding (including arbitration) arising out of or relating to this Service Agreement; and the parties consent to Merrimack County as the venue for any such suit, action or proceeding (including any arbitration) and irrevocably waive to the fullest extent permitted by law, any objection to such venue as being an inconvenient form.
Waiver of Jury Trial: The parties hereby waive their respective rights to trial by jury in an action or proceeding arising out of this agreement.
Insurance: Customer shall maintain in full force and effect during the term of this Agreement separate General Liability insurance policies with coverage limits for bodily injury, including death, personal injury and/or property damage that will respond as primary coverage for Customer’s liability and all obligations outlined under this Agreement. In addition to the foregoing, Customer shall maintain Property Insurance in an amount adequate to cover any loss and/or damage to the equipment, up to full replacement cost. Customer shall furnish the Company with a Certificate of Insurance evidencing the foregoing insurance requirements and naming the Company as an additional insured.
Entire Agreement: This Service Agreement, together with any attachment(s), if any, agreed to by Customer constitutes the entire Agreement between the parties and no other representation or statements, whether oral or written, will be binding upon the parties.
Notice of Claims: Any claim under the terms of the Service Agreement must be made immediately in writing to Company. Company has the right to review and/or repair, if any claims stated.
Subletting/Location: Customer agrees not to sublet. loan or assign the equipment. Customer shall not move the equipment from the address at which Customer represented it was to be used, unless returning equipment to the Company.
Authority: Each individual executing this Service Agreement on behalf of Customer represents and warrants to Company that he/she is duly authorized to execute and deliver this Service Agreement and that this Service Agreement shall be fully binding upon Customer by reason of such execution and delivery by such signatory and shall be enforceable against Customer in accordance with its terms.
Default: Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, the Company may, at its sole option, terminate this Rental Agreement, retake the equipment, declare any charges due and payable and initiate legal process to recover monies owed, and/or, pursue any other legal rights and remedies available to the Company. Exercise of any remedy available to the Company shall not constitute an election of remedies or a waiver of any additional remedies to which the Company may be entitled.
Binding Arbitration-The customer and The Company agree that any controversy or claim between them arising out of or relating to the interpretation, performance or breach of this contract or to the treatment of or rendering of services to the identified property in any way, whether by virtue of contract, tort or otherwise, shall be settled exclusively by arbitration. The arbitrator shall be a licensed legal representative, independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest control and building construction matters by education, experience, licensing and training to deal with the issues and claims presented. The arbitrator shall give effect to any and all waivers, releases, disclaimer, limitations and other terms and conditions of this Contract. 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 this provision shall pay the other party’s costs, including but not limited to, attorney’s fees, with respect to such suit and the arbitration award shall so provide.
I have read and understand the Terms & Conditions as stated above.