These Terms, Conditions & Service Policies ("Terms") apply to quotations, proposals, estimates, service agreements, work orders, purchase orders accepted by Pond Control Services, and other written agreements (collectively, the "Service Agreement") between Pond Control Services ("PCS") and the customer or client ("Customer"). When a Service Agreement references these Terms, the version identified as effective on the date the Service Agreement is accepted is incorporated into and forms part of that Agreement. If a specific written provision of the Service Agreement directly conflicts with these general Terms, the specific written provision of the Service Agreement controls.
I. ACCEPTANCE & AGREEMENT
A quotation or proposal furnished by PCS is not binding upon PCS until accepted by PCS. Unless a different period is stated in the proposal, a quotation is valid for thirty (30) days from its date. A Customer purchase order is for authorization and accounting purposes and does not add to, replace, or modify PCS's proposal or these Terms unless PCS expressly agrees to the modification in a written instrument signed by an authorized representative of PCS.
The applicable proposal or Service Agreement, these Terms, and any written exhibits, addenda, or modifications expressly incorporated into the Service Agreement constitute the final agreement between the parties concerning the contracted work. By signing, electronically accepting, approving, or authorizing a Service Agreement that references these Terms, Customer acknowledges access to and acceptance of these Terms.
II. SERVICE SEASON, SCHEDULING & ROUTE CONDITIONS
Unless otherwise stated in the Service Agreement, PCS's standard seasonal pond and lake management season is April 1 through September 30. Service frequency and timing are based on the Customer's selected program, the needs of the waterbody, weather, water conditions, treatment intervals, product label requirements, route scheduling, holidays, staffing, equipment availability, and professional judgment.
A seasonal agreement does not guarantee service on a particular day of the week or at an exact interval unless expressly stated in writing. PCS may reschedule, delay, reduce, divide, or postpone work when conditions make service unsafe, ineffective, inconsistent with product labeling, or otherwise inappropriate. A reasonable schedule adjustment for these reasons will not constitute a missed service or breach of Agreement.
III. WEATHER, WATER LEVELS & ENVIRONMENTAL CONDITIONS
Ponds and lakes are natural systems affected by conditions outside PCS's control, including rainfall, drought, flooding, runoff, groundwater, water exchange, temperature, sunlight, nutrient loading, sediment, surrounding land use, wildlife, fish populations, upstream conditions, and seasonal changes. Heavy rainfall or flowing water may dilute or flush dye, treatments, beneficial products, or other materials from a waterbody. Drought or changing water levels may alter water volume, treatment needs, equipment operating conditions, and shoreline conditions.
PCS is not responsible for changes in water quality, appearance, treatment longevity, or equipment operating conditions caused by weather, runoff, water exchange, environmental conditions, or other circumstances outside PCS's reasonable control.
IV. AQUATIC WEED, ALGAE & VEGETATION MANAGEMENT
Aquatic weed and algae control is a management service and is not a guarantee of complete or permanent elimination. Weeds, algae, and other aquatic growth may return following treatment. Results vary with species, growth stage, temperature, water chemistry, nutrient levels, water depth, rainfall, water movement, prior treatment, and other environmental factors.
PCS may perform partial or staggered treatments when professional judgment, product labeling, water conditions, or aquatic-life considerations make treatment of the entire affected area at one time inappropriate. Decomposing vegetation and algae can reduce dissolved oxygen; therefore, PCS may limit the amount treated during any individual application.
Unless expressly included in the Service Agreement, excessive growth, unusual infestations, invasive species, harmful or unusual algal conditions, or work beyond the normal scope of the selected program may require separate authorization and quotation.
V. AQUATIC APPLICATIONS & REGULATORY COMPLIANCE
PCS will perform pesticide and aquatic treatment applications in accordance with applicable product labeling and applicable federal, state, and local requirements. Treatment methods, rates, areas, and timing remain subject to label directions, site conditions, and PCS's professional judgment.
Customer agrees to disclose known water-use requirements, sensitive aquatic species, livestock access, downstream connections or discharges, recent applications by others, and other known conditions reasonably relevant to treatment. Customer agrees to follow any temporary water-use restriction or other instruction communicated by PCS following an application.
VI. FISH & AQUATIC LIFE
Fish and other aquatic organisms may be affected by dissolved oxygen, temperature, disease, population density, spawning stress, decomposition, turnover, runoff, water-quality changes, and other natural or site-specific conditions. PCS will use reasonable professional practices but does not guarantee the health or survival of fish, amphibians, plants, or other aquatic organisms.
PCS is not responsible for aquatic-life losses resulting from conditions outside PCS's reasonable control. Nothing in these Terms is intended to excuse PCS from responsibility for conduct that cannot lawfully be limited or excluded.
VII. POND DYE
When pond dye is included in a Service Agreement, PCS will apply dye as reasonably appropriate for the contracted management program. Color intensity and longevity vary with water volume, rainfall, runoff, water exchange, sunlight, and environmental conditions. Heavy rainfall, flooding, drainage, or flowing water may substantially reduce dye concentration shortly after application. Additional dye or service required because of abnormal flushing or water exchange is outside the contracted scope unless otherwise stated in the Service Agreement.
VIII. FOUNTAINS, AERATION SYSTEMS & RELATED EQUIPMENT
When included in the Service Agreement, PCS may install, remove, operate, inspect, clean, maintain, repair, winterize, or store fountains, aeration systems, compressors, lighting systems, control panels, timers, and related equipment.
Whenever applicable, equipment shall be installed, operated, maintained, removed, winterized, and stored in accordance with the applicable manufacturer's published instructions, specifications, operating guidelines, safety requirements, and recommended maintenance procedures. Customer agrees to use and operate equipment in accordance with manufacturer instructions and any operating or safety instructions provided by PCS. Applicable requirements may include minimum operating depth, electrical supply, grounding and GFCI protection, anchoring, operating schedules, seasonal operation, freezing or ice conditions, cleaning, inspection, and maintenance.
PCS may shut down, remove from service, decline to operate, or recommend that equipment not be operated when PCS reasonably determines that water depth, ice, debris, electrical conditions, mechanical condition, installation, unsafe site conditions, or another circumstance makes continued operation inconsistent with manufacturer recommendations or creates a risk of equipment damage or personal injury. Where a Customer request conflicts with an applicable manufacturer's safety or operating requirements, the manufacturer's requirements control.
PCS is not responsible for equipment damage, premature wear, performance problems, or failure resulting from operation contrary to manufacturer instructions; improper electrical supply; unauthorized modification or repair; insufficient water depth; excessive debris; clogged intake screens; freezing or ice; lightning or power surges; vandalism; wildlife; normal wear; manufacturer defects; or other conditions outside PCS's reasonable control.
Customer shall not modify, relocate, disconnect, re-anchor, alter, or operate PCS-installed or PCS-maintained equipment in a manner inconsistent with manufacturer requirements or PCS instructions. Repairs, replacement parts, electrical work, troubleshooting, manufacturer service, or additional labor outside the contracted scope may require separate authorization and charges. Manufacturer warranties remain subject to the manufacturer's own warranty terms, exclusions, maintenance requirements, and final warranty determination; PCS does not independently extend or modify a manufacturer's warranty unless expressly agreed in writing.
IX. CUSTOMER-OWNED OR PRE-EXISTING EQUIPMENT
When PCS agrees to inspect, service, install, remove, repair, or operate equipment that PCS did not originally sell or install, PCS does not warrant the equipment's prior condition, prior installation, remaining useful life, compatibility, or previous maintenance. PCS may identify visible or apparent concerns but is not responsible for latent defects or pre-existing damage. Work necessary to correct pre-existing conditions is outside the contracted scope unless expressly included in writing.
X. WINTER STORAGE
When heated winter storage is specifically purchased, the service includes seasonal removal, reasonable cleaning and inspection, heated winter storage, and spring installation only to the extent stated in the Service Agreement. Storage does not include repairs, replacement parts, electrical repairs, manufacturer service, or correction of pre-existing damage unless expressly included.
XI. PROPERTY ACCESS & CUSTOMER RESPONSIBILITIES
Customer authorizes PCS employees, contractors, vehicles, boats, trailers, and equipment to enter the property as reasonably necessary to perform contracted services. Customer is responsible for providing safe and reasonable access to the waterbody, shoreline, equipment, electrical controls, and other service areas.
Customer shall notify PCS of locked gates, access codes, underground or hidden hazards, irrigation systems, invisible fencing, utilities, unstable banks, dangerous animals, or other known conditions affecting safe access. PCS may postpone or decline work when the site is unsafe or inaccessible. Customer shall not interfere with, alter, relocate, disconnect, or modify PCS-installed equipment or contracted treatment activities without notifying PCS.
XII. THIRD-PARTY WORK & SITE CHANGES
PCS is not responsible for the actions of other contractors, applicators, landscapers, residents, property managers, owners, or other parties who apply products, alter drainage, modify equipment, introduce organisms, disturb shorelines, or otherwise affect the waterbody or equipment. Customer should notify PCS before third-party work that could interfere with the contracted management program.
XIII. CATTAILS, SHORELINE VEGETATION & PHYSICAL REMOVAL
Cattail, bulrush, shoreline vegetation, invasive plant removal, cutting, hauling, excavation, disposal, and similar physical services are included only when expressly stated in the Service Agreement. Vegetation may regrow from surviving roots, rhizomes, seeds, or surrounding areas, and treatment or removal does not guarantee permanent eradication. Dumpsters, hauling, disposal, excavation, specialty equipment, or unusually large quantities of material may require separate charges unless expressly included.
XIV. SERVICE OBSERVATIONS
During routine service PCS may observe or report visible conditions such as algae, weeds, erosion, muskrat activity, blocked drainage structures, trash, water levels, or fountain and aeration concerns. Routine observation is not an engineering inspection, structural inspection, environmental assessment, wildlife-control service, electrical inspection, or guarantee that all problems or hazards will be discovered.
XV. SERVICES OUTSIDE CONTRACTED SCOPE
Work not specifically included in the Service Agreement is not included in the contract price. Additional labor, materials, treatments, equipment, hauling, disposal, repairs, specialty services, or unusual site conditions may require Customer authorization and additional charges. PCS will make reasonable efforts to communicate significant additional work before proceeding when practical.
XVI. CANCELLATION & TERMINATION
After acceptance by PCS, a Service Agreement may not be cancelled by Customer except with PCS's written consent. If Customer cancels before expiration, PCS is entitled to a cancellation fee of $250.00 and payment for all work completed and equipment or materials purchased or ordered on Customer's behalf, together with any other remedies available under the Agreement or applicable law.
PCS may suspend or terminate service for nonpayment, unsafe conditions, denied or inadequate property access, Customer interference with contracted work, or material breach of the Agreement. PCS may otherwise terminate the Agreement without cause by providing at least three (3) days' written notice to Customer.
XVII. TERMS OF PAYMENT & COLLECTION
All invoices are due upon receipt unless different payment terms are stated in the Service Agreement or invoice. Balances outstanding more than thirty (30) days after the invoice date are delinquent and subject to a service charge on the unpaid balance at the lesser of eighteen percent (18%) per annum or the maximum rate permitted by applicable law. Customer is responsible for expenses incurred by PCS in collection, including reasonable attorney's fees, to the extent permitted by law.
Title to equipment or products sold by PCS remains with PCS until the total sales price has been paid in full, to the extent permitted by applicable law.
XVIII. TAXES & COST CHANGES
Any tax legally imposed on the sale of products or services and required to be collected or paid by PCS may be added to the amount due. If PCS is later required by a taxing authority to pay a tax attributable to the Customer's transaction, Customer shall reimburse PCS to the extent permitted by law. Where applicable and permitted by the Service Agreement, prices may be adjusted for material changes in governmental charges, taxes, freight, or other specifically authorized costs.
XIX. DELAYS, DELIVERY & FORCE MAJEURE
Delivery and service dates are approximate unless expressly guaranteed in writing. PCS is not liable for delay or inability to perform caused by circumstances beyond its reasonable control, including severe weather, flood, drought, fire, acts of God, war, civil disturbance, labor disputes, epidemics, governmental actions or restrictions, transportation delays, supply interruptions, utility failures, shortages of labor or materials, equipment unavailability, or similar events. PCS will resume affected performance when reasonably practical.
XX. INSURANCE
During the term of the Agreement, PCS shall maintain insurance substantially consistent with the following coverage stated in PCS's existing Terms, subject to the actual policies in force: Workers' Compensation - statutory; General/Public Liability - $1,000,000 per occurrence; Automobile Liability - $500,000 each occurrence for bodily injury/property damage. Nothing in this section expands insurance coverage beyond the terms, conditions, limits, and exclusions of the applicable insurance policies.
XXI. INDEMNIFICATION
To the extent permitted by applicable law, Customer shall indemnify and hold harmless PCS and its directors, officers, employees, agents, and subcontractors from liabilities, claims, demands, causes of action, costs, and expenses, including reasonable attorney's fees, arising from Customer's negligence, intentional acts, breach of the Agreement, failure to perform Customer obligations, or hazardous or unsafe conditions created or controlled by Customer, except to the extent caused by the fault or negligence of PCS or those for whom PCS is legally responsible.
This section is intended to preserve, not expand beyond applicable law, the indemnification protections contained in PCS's prior Terms and Conditions.
XXII. INDEPENDENT CONTRACTOR
PCS is an independent contractor. Nothing in the Agreement authorizes Customer to control or direct PCS employees or agents except as expressly agreed in writing. Neither party has authority to employ any person for, make representations for, or assume obligations on behalf of the other party.
XXIII. NO GUARANTEE OF APPEARANCE OR CONTINUOUS CONDITIONS
PCS's objective is to professionally manage the waterbody within the scope of the selected program. Because ponds and lakes are dynamic natural systems, PCS does not guarantee that water will remain continuously clear, blue, weed-free, algae-free, odor-free, debris-free, or visually unchanged throughout the service season. Temporary algae, vegetation, discoloration, turbidity, debris, or other natural conditions may occur even under an appropriately managed program.
XXIV. LIMITATION OF RESPONSIBILITY
To the fullest extent permitted by applicable law, PCS is not responsible for indirect, incidental, consequential, or special damages arising from conditions outside PCS's reasonable control. No provision of these Terms is intended to waive or limit liability that cannot legally be waived or limited.
XXV. PHOTOGRAPHS & SERVICE DOCUMENTATION
PCS may photograph or document the waterbody, shoreline, equipment, treatments, and related site conditions for service records, treatment documentation, quality control, and communication with Customer. PCS will not intentionally publish personally identifying Customer information solely because it appears in internal service documentation without authorization or another lawful basis.
XXVI. NOTICE & ELECTRONIC COMMUNICATION
Unless a specific form of notice is required by applicable law or expressly required elsewhere in the Service Agreement, notices and routine communications may be delivered in writing by mail, email, electronic proposal or invoicing system, or other written electronic communication customarily used by the parties. Formal notices concerning termination, default, or disputes should be sent to the contact information stated in the Service Agreement.
XXVII. REMEDIES
If Customer fails to perform its obligations under the Agreement, PCS may pursue remedies available under the Agreement and applicable law, including recovery of amounts due, direct damages, collection costs, reasonable attorney's fees where permitted, and applicable interest.
XXVIII. GOVERNING LAW & VENUE
The Agreement shall be governed by and interpreted under the laws of the State of Ohio. Consistent with PCS's existing Terms and Conditions, any action or dispute concerning the Agreement or the parties' performance shall be brought in Summit County, Ohio, unless the parties agree otherwise in writing or applicable law requires a different venue.
XXIX. ENTIRE AGREEMENT; AMENDMENTS; WEBSITE TERMS
The Service Agreement, these Terms, and any expressly incorporated written exhibits or addenda constitute the entire understanding of the parties relating to the contracted services. No oral statement changes the Agreement. Alterations or modifications to an existing Agreement must be in writing and agreed to by the parties as required by applicable law.
PCS may revise the Terms posted on its website for future agreements. Unless Customer expressly agrees otherwise in writing, a later website revision does not retroactively modify the version incorporated into an already accepted Service Agreement. PCS should identify website Terms by an effective date or version date and retain prior versions for its records.
XXX. SEVERABILITY
Every part, term, and provision of the Agreement is severable. If any provision is determined to be invalid, void, or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
XXXI. CONTRACT ACKNOWLEDGMENT LANGUAGE
The following language is recommended for placement directly above the Customer signature or acceptance section of each PCS proposal or Service Agreement:
“TERMS & CONDITIONS: This Service Agreement is subject to the Pond Control Services Terms, Conditions & Service Policies available at Ohiopondcontrol.com. Customer acknowledges access to those Terms and agrees that the version effective on the date this Service Agreement is accepted is incorporated into and forms part of this Agreement. By signing, electronically accepting, or otherwise authorizing this Service Agreement, Customer agrees to the terms stated herein and the incorporated Pond Control Services Terms, Conditions & Service Policies.”