Terms & Conditions
The below is a brief summary of our terms & conditions. Please contact your local representative for a full copy & details.
MosquitoNix® will install the System in a competent manner. Although MosquitoNix® will exercise due care while performing any work hereunder, to try, Customer understands that damages to real and personal property may occur in the course of the installation of the System. Subject to the limitations on liability below. MosquitoNix® assumes responsibility for all damages due to its fault. Customer is responsible for altering MosquitoNix® to hidden pipes, cables, and shallow irrigation systems.
MosquitoNix® will replace any plant, bush or shrub (Flora) damaged in the installation of the System unless (i) Customer consented to the removal or destruction of the Flora as a necessary condition to the installation of the System; or (ii) Customer failed to notify MosquitoNix® of the damage to the Flora with 60 days following the installation of the System. Phytotoxicity (plant burn) may occasionally occur with sensitive Flora. MosquitoNix® will not be responsible for Phytotoxicity unless it results in the death of the Flora and Customer notifies MosquitoNix® within 60 days following the installation of the System.
ACCESS TO PROPERTY
MosquitoNix® must have ingress to and egress from the Property during the installation of the System and for refills and service which may require opening and leaving open gates, garage doors, pool doors and sheds. In some circumstances, Customer may provide MosquitoNix® with keys, gate codes or alarm codes. Customer agrees to make every reasonable effort to remove any unsafe conditions from Customer’s Property. Although MosquitoNix® will make every reasonable effort to maintain the security of Customer’s Property MosquitoNix® shall not be responsible for thefts of Customer’s personal property by persons other than MosquitoNix® employees, agents or representatives, or for any pets that run away or escape during the installation of the System or during refills and service.
The warranty of the System is based on the Service Plan selected. The System is warranted to operate as specified following the completion of the installation and maintained by MosquitoNix® under the appropriate Service Plan.The warranty includes all parts and labor free of charge for malfunctioning parts.The warranty does not cover damage or broken parts due to misuse of the System or damage to the System due to the growth of trees, floods, falling tree limbs, power surges or faulty electrical connections, or actions of Customer or third parties.The warranty does not cover modifications to or replacement of any parts of the System required by changes in federal, state, or local laws, regulations, or ordinances. If the System is not maintained by MosquitoNix®, or if any person other than an authorized MosquitoNix® representative refills, services, or modifies the System, the warranty will be void, and any repairs will be charged to the Customer.
NO IMPLIED WARRANTIES: LIMITATION OF LIABILITY.THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE EXCEPT FOR THE WARRANTY HEREIN. IN NO EVENT SHALL MOSQUITONIX® BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR LOSS OF PROFITS, OR FOR INDIRECT, SPECIAL INCIDENTAL CONSEQUENTIAL, OR RELATED TO ANY BREACH OF THIS AGREEMENT OR ANY OBLIGATIONS ARISING UNDER THIS AGREEMENT, EXCEPT ANY PROPERTY DAMAGE OR PERSONAL INJURY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY MOSQUITONIX®. IN NO EVENT SHALL MOSQUITONIX®’S MONETARY DAMAGES EXCEED THE PURCHASE PRICE OF THE SYSTEM. THIS LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FOR OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.THE PARTIES ACKNOWLEDGE THAT MOSQUITONIX®’S PRICING REFLECTS THE ALLOCATION OF RISK AND LIMITATIONS ON LIABILITY CONTAINED IN THIS AGREEMENT.