Terms and Conditions

All American Bird Control general terms and conditions

1. FUTURE DAMAGE, LIMITATION OF LIABILITY – Due to the nature of construction, treatment restrictions, and/or the extent of existing damage to the identified property, All American Bird Control, LLC. does not guarantee against future damage to the property or contents, nor provide for repairs or compensation thereof. ALL AMERICAN BIRD CONTROL'S LIABILITY DURING AN ACTIVE SERVICE AGREEMENT IS LIMITED TO RE-TREATMENT ONLY.
2. EXISTING DAMAGE – ALL AMERICAN BIRD CONTROL, LLC. is not responsible for the repair of either visible damage or hidden damage existing as of the date of this agreement. Because damage may be present in areas which are inaccessible to visual inspection. ALL AMERICAN BIRD CONTROL does not guarantee that the damage disclosed on the Inspection Graph represents all of the existing damage as of the date of this agreement.
3. WATER LEAKAGE – Water leakage in treated areas, in interior areas or through the roof or exterior walls of the identified property may destroy the effectiveness of ALL AMERICAN BIRD CONTROL’S treatment and is conducive to new bird infestation. Purchaser is responsible for making timely repairs as are necessary to stop water leakage. Upon completion of repairs by Purchaser, ALL AMERICAN BIRD CONTROL will provide additional treatment to control bird infestation at Purchaser’s expense. Purchaser’s failure to make timely repairs or purchase the additional necessary treatment will terminate this agreement automatically without further notice.
4. ADDITIONS, ALTERATIONS – This agreement covers the property identified on the Inspection Graph as of the date of initial treatment. In the event the premises are structurally modified, altered or otherwise changes or if its soil is removed or added around the foundation, Purchaser will notify ALL AMERICAN BIRD CONTROL prior to such addition or alteration and will purchase the additional treatment required by the changes incurred. Failure to do so will terminate this agreement automatically without further notice. In the event of structural modification, ALL AMERICAN BIRD CONTROL reserves the right to adjust the annual extension charge.
5. NOTICE OF CLAIMS, ACCESS TO PROPERTY – Any claim for retreatment under this agreement must be made to ALL AMERICAN BIRD CONTROL during the warranty term or any extension thereof. ALL AMERICAN BIRD CONTROL is only obligated to retreat under this agreement if a valid claim is made during the warranty term, including any extension thereof, and Purchaser must allow ALL AMERICAN BIRD CONTROL access to the identified property for any purpose contemplated by this agreement, including but not limited to reinspection, whether the inspection was requested by the Purchaser or considered necessary by ALL AMERICAN BIRD CONTROL.
6. DISCLAIMER.
   1. ALL AMERICAN BIRD CONTROL'S liability under this agreement will be terminated if ALL AMERICAN BIRD CONTROL 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, floods, quarantine, earthquakes, hurricanes or any other act of God or circumstances or cause beyond the control of ALL AMERICAN BIRD CONTROL.
   2. This service agreement provides retreatment for covered bird species only.
   3. This agreement does not cover and ALL AMERICAN BIRD CONTROL will not be responsible for:
      1. Any and all damage resulting from bird infestations.
      2. Damage resulting from or services required for moisture conditions, including but not limited to fungus damages.
      3. Damage resulting from or services required for masonry or structural failure or grade alterations.
   4. ALL AMERICAN BIRD CONTROL disclaims any liability for special, incidental or consequential damages. the guarantee of retreatment as stated in this agreement is given in lieu of any other guarantee or warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose.
7. INDEMNIFICATION – Notwithstanding the foregoing, SUPPLIER, does not agree to defend, indemnify, or hold harmless a particular Indemnified Party for any claim, suit, loss, damage, liability or expense to the extent arising from the negligence or willful misconduct of the Indemnified Party in the operation, consumption, use or sale (but not the acceptance or approval) of the Products.