ON CONTACT SOLUTIONS, hereinafter the Company, hereby GUARANTEES that those specific areas as defined in Schedule “A” and attached hereto, shall, when treated with the Company’s product, commonly known as CIMI-SHIELD, and where used according to the prescribed “Cimi-Shield Protocol Instruction Manual”, a proprietary protocol, technique and method as administered by the Company or as completed pursuant to its written instructions, be and remain free of material infestation of Cimex lectularius, a wingless hemipterous insect, commonly referred to as a bed bug, for a PERIOD OF ONE (1) YEAR from the date of completed treatment as noted in the attached Schedule “A”.
The Company warrants that this product, procedure or protocol as used and/or prescribed by the company has not been shown to be a toxin to human beings and/or their mammalian pets or that it is an environmental hazard.
The Company further warrants that immediately following service to a specified area, that specified area will be made infestation free. While that same area is subject to periodic human ingress and by periodic human habitation, by this means it will be subject to re-infestation. Any re-introduced bed bug or its hatched eggs shall have a life expectancy of fewer than Eight (8) hours during the term of One (1) Year from the date of service.
Except this Guarantee shall not apply to any room noted on Schedule “A” that has at any time, during the One (1) Year Guarantee term, been subject to any of the following:
1.Fire or water damage and/or
2.All or substantially all carpeting has been shampooed, steam cleaned, replaced and/or removed, and/or
3.All or substantially all of the draperies have been replaced and/or removed, and/or
4.All or substantially all of the furniture has been replaced and/or removed, and/or
5.When a room listed in Schedule “A” was at the time of treatment devoid of furnishings and is subsequently furnished, and/or
6. When box springs and/or mattresses are replaced and/or removed, and/or
7. The application of the product has not been completed in full compliance with the “Cimi-Shield Protocol” as provided for in the guide, “Cimi-Shield Protocol Instruction Manual.”
Pursuant to this Guarantee and Limited Warranty, the Company will at its option,
1) Re-service the infested area at no cost or
2) Refund the per unit cost of the area serviced.
In order to effectuate warranty service, you must notify the Company in writing either by U.S. mail, postage prepaid, or by fax or by email within the One (1) Year term and five (5) days of the date of this Guarantee and Limited Warranty and within five (5) days of the alleged infestation. The Claim must assert how the infestation was discovered, by whom and to what degree of materiality. No warranty shall apply to any period greater than three hundred and sixty-six (366) days after the date of service to the location as noted in Schedule “A”.
In every circumstance where a Warranty claim is submitted, the Company shall have the right to inspect the serviced area at a time convenient to the parties. The Company shall have no liability until such time as the inspection shall have been completed by the Company. The Company shall have waived its right to inspect if the Company provides a written statement of its intention not to inspect. The Company’s right to inspect shall be deemed waived, if, after having been given permission to inspect, the Company does not begin its inspection within 10 days of receipt of such notice.
This Guarantee and Limited Warranty have been established to remedy performance nonconformities resulting from defects in material or in the improper application of materials to an area designated for service. No Guarantee or any form of Warranty shall apply to an area not specifically noted in Schedule “A”. The Company is not responsible for damage caused by any other reason or to any other location where ever situated.
Any attempt by persons not authorized by the Company to correct or otherwise treat any area, room or location shall invalidate and void this Guarantee and Limited Warranty. Determination of the occurrence of attempted service or correction of products or materials by unauthorized, untrained, or unlicensed persons is solely in the discretion of the Company.
The Company shall not be liable for any incidental or consequential damages to the owner or operator of the serviced property, its management, employees or guests or any third party for breach of or any expenses or implied warranty of this service, products, methods or protocols, including personal injury or property damage or any loss of business, revenue savings, profits, or any other damages, whether in an action of contract, negligence, product liability, tort or otherwise, caused by the performance, use of products or liability to use it, even if the Company has been advised of the possibility of such damages or other claims. The Company’s entire liability whether in an action of contract, negligence, product liability, and tort or otherwise shall not exceed the greater of one hundred US dollars ($100.00).
This Guarantee and Limited Warranty is made in lieu of all other warranties, whether expressed or implied, including but not limited to, any implied warranty of merchantability or fitness for a specific purpose.
The remedy set forth herein shall be the sole, exclusive remedy with respect to the service. No person is authorized to make any other warranty or representation concerning the performance of the product.
Some jurisdictions do not allow exclusions of implied warranties, so the above exclusions may not apply to you. Any warranties that cannot be disclaimed are hereby limited to a term of one (1) year from the date of last service or, in the event that relevant state law requires an implied warranty term exceeding one (1) year, for the briefest term allowable under applicable law.