TRULY NOLEN WILL PROVIDE CONTINUOUS SERVICE THROUGH THE PERIOD SPECIFIED. THIS SERVICE PLAN INCLUDES BI-MONTHLY OR MONTHLY SEASONAL TREATMENTS AND ADDITIONAL VISITS AS DEEMED NECESSARY BY THE TECHNICIAN OR REQUESTED BY THE CUSTOMER IN ORDER TO MAINTAIN CONTROL OF LAWN INSECTS AND HEALTH ON THE COVERED PROPERTY. NOTE: CERTAIN FACTORS OUTSIDE OUR CONTROL SUCH AS MOWING AND IRRIGATION PRACTICES, SHADE CONDITIONS, TRAFFIC, SOIL COMPACTION AND PROPER PLANTING PRACTICES MAY LIMIT THE ABILITY FOR PROPER GRASS, SHRUB AND TREE HEALTH. FOR THIS REASON, TRULY NOLEN DOES NOT OFFER LAWN, SHRUB OR TREE REPLACEMENT AS PART OF OUR PROGRAM.
1. WARNING - PESTICIDES CAN BE HARMFUL! Truly Nolen applies EPA registered chemicals. TRULY NOLEN will, upon request, provide detailed Material Safety Data Sheets on materials to be used. BUYER AGREES TO ADVISE ALL POTENTIAL OCCUPANTS OF THE STRUCTURE(S) TO CONSULT WITH THEIR PHYSICIAN IF THEY OR ANY MINOR CHILDREN MAY BE SENSITIVE TO CHEMICALS AND/OR CHEMICAL ODORS BEFORE ALLOWING PERFORMANCE OF TREATMENT AND TO AVOID THE PREMISES AS THE PHYSICIAN ADVISES
2. INSPECTION AND EXISTING DAMAGE. TRULY NOLEN is not responsible for pre-existing lawn and/or ornamental conditions, diseases, infestations, or other circumstances that may adversely affect the health of the plant(s). Plant health and vitality is affected by many components, including nutrition, irrigation, trimming/ mowing, and natural conditions and, therefore, the proper care of those plants is affected by TRULY NOLEN, the BUYER, and Mother Nature. At times, TRULY NOLEN may recommend to the BUYER that he/she alter his/her cultural practices relative to his/her lawn and/or ornamental plants as part of the overall lawn and/ or ornamental program. BUYER agrees to implement recommendations in his/her partnership with TRULY NOLEN.
3. ADDITIONS AND ALTERATIONS. If the BUYER elects to alter and/or add grass plants, ornamentals, or palms to his/her property, then TRULY NOLEN may, at its discretion, increase the monthly charges in order to accommodate additional labor and materials required to care for those alterations/additions.
4. PLANT REPLACEMENT. Truly Nolen’s mission is to assist BUYER in keeping his/her greenscape in a healthy condition. But, nature and external conditions, as well as life factors, can affect the longevity of BUYER’S greenscape. Truly Nolen is not responsible for any sod, tree, or ornamental replacement. Control of grassy weeds, nematodes, vertebrate pests, and weed treatment in Bahia grass are not included. Due to the nature of the whitefly, Truly Nolen does not guarantee existing leaf drop due to pre-existing whitefly activity.
5. NOTICE REGARDING NITROGEN BLACKOUT PERIODS. Some municipalities have mandated a blackout period for the use of nitrogen on turf grass, shrubs, and trees. Please be advised that Truly Nolen honors all city, county, and state fertilizer ordinances with the use of supplemental products to help keep Buyer’s landscape healthy
6. ACTS OF GOD AND OTHER EVENTS. Certain events beyond TRULY NOLEN’s control may affect TRULY NOLEN’s ability to perform obligations provided for under this AGREEMENT. These events include, but are not limited to heavy rain, strong winds, hurricanes, extreme temperatures, acts of governmental authorities, or any other acts of God, or circumstances or causes beyond the control of TRULY NOLEN. TRULY NOLEN shall have no liability if, at its discretion, it becomes necessary to postpone, cancel, or terminate treatment as a result of such events.
7. SETTLEMENT OF DISPUTES. BUYER and TRULY NOLEN mutually agree that any dispute or controversy arising out of or relating to: (1) this AGREEMENT, (2) any treatment or service rendered by TRULY NOLEN, or (3) any damage or injury to person or to property, whether direct, incidental, or consequential, allegedly caused by TRULY NOLEN shall be settled and resolved exclusively by arbitration. It is further agreed there shall be no class actions or joinder brought through the arbitration or any other proceedings. As a condition precedent to any action, the parties shall engage in a mediation and each party shall bear their own costs. The mediation shall be non-binding. It is further agreed there shall be a single neutral arbitrator, and the National Arbitration Forum (“NAF”) shall conduct the arbitration under its rules. If the NAF is not available, the American Arbitration Association may conduct the arbitration under its own rules. Discovery shall be permitted as provided under the State Rules of Civil Procedure, except discovery shall not be permitted as to transactions with other customers. The arbitrators must apply all legal and equitable defenses. The arbitrator shall not have the authority to award indirect, special, or consequential damages including, but not limited to, diminished resale value of a house, building, or its contents, loss of use, lost anticipated profits, punitive damages, or attorney’s fees, such damages being specifically waived. Any award of damages shall include a written decision that states reasons upon which the award is based, including all elements involved in the calculation of any award of damages. Either party may appeal the arbitrator’s award to any court of competent jurisdiction. The court having jurisdiction over the appeal may adjudicate any issues as if the matter had been an appeal from a court of law or equity.
8. NOTICE TO TRULY NOLEN. Any disputes or claims under this AGREEMENT must be made promptly in writing to TRULY NOLEN OF AMERICA, INC., 432 S. Williams Blvd., Tucson, Arizona 85711, during this AGREEMENT term or any approved extension. The BUYER agrees not to file any action against TRULY NOLEN without allowing TRULY NOLEN to first enter and reinspect the property. The BUYER also agrees not to file any action unless the BUYER files it within one (1) year after sending a written claim.
9. ENTIRE AGREEMENT. This AGREEMENT, including any attached graphs, and checklists, constitutes the entire AGREEMENT between the parties, and may not be varied, altered, or modified in any way except by written agreement between the parties and approved in writing by a TRULY NOLEN corporate officer. No verbal changes in the terms of the AGREEMENT or verbal approval of deviations from performance of this AGREEMENT shall be permitted. Any provision deemed unlawful shall be considered severed. The parties agree this is an arms-length transaction and neither intends to create a fiduciary relationship.