![]() Those *734 claims were based upon Cook's Pest Control's alleged failure to treat and control a termite infestation in the Rebars' home and to repair the damage to the home caused by the termites.Ĭook's Pest Control moved to compel arbitration of the Rebars' claims. The Rebars alleged fraud, negligence, breach of contract, breach of warranty, breach of duty, unjust enrichment, breach of the duty to warn, negligent training, supervision and retention of employees, and bad-faith failure to pay and bad-faith failure to investigate a claim. On August 30, 2001, the Rebars filed this action against Cook's Pest Control. After it received the addendum, Cook's Pest Control negotiated the Rebars' check and continued to perform termite inspections and services at the Rebars' home. The addendum proposed new terms for the agreement and notified Cook's Pest Control that continued service or negotiation of the renewal-payment check by Cook's Pest Control would constitute acceptance of those new terms. If you do not agree with all of the terms of this contract, as amended, you must immediately notify me of that fact." These changes shall be effective upon negotiation of this payment or the next service provided pursuant to the Customer Agreement, whichever occurs first.Ĭontinued honoring of this account by you acknowledges agreement to these terms. ![]() Arbitration shall not be required for any prior or future dealings between Cook's and Customer.Ĭook's agrees that any future amendments to the Customer Agreement shall be in writing and signed by Customer and authorized representative of Cook's. COOK PEST CONTROL TRIALNotwithstanding prior amendments, nothing herein shall limit Customer's right to seek court enforcement (including injunctive or class relief in appropriate cases) nor shall anything herein abrogate Customer's right to trial by jury. In the event that a dispute arises between Cook's and Customer, Cook's agrees to propose arbitration if so desired, estimate the cost thereof, and describe the process (venue, selection of arbitrator, etc.). Keep this document with the original customer Agreement.Ĭook's agrees that any prior amendment to the Customer Agreement shall be subject to written consent before arbitration is required. "Please read this addendum to your Customer Agreement carefully as it explains changes to some of the terms shown in the Agreement. Rebar submitted a payment to Cook's Pest Control with the payment she included an insert entitled "Addendum to Customer Agreement" (hereinafter referred to as "the addendum"). ![]() *733 When the initial term of the agreement was about to expire, Cook's Pest Control notified the Rebars and requested that they renew the agreement for another year by paying the renewal fee. The agreement contained a mandatory, binding arbitration provision. ![]() ![]() On August 28, 2000, Cook's Pest Control and the Rebars entered into a one-year renewable "Termite Control Agreement." Under the agreement, Cook's Pest Control was obligated to continue treating and inspecting the Rebars' home for termites during the term of the agreement, which, with certain limited exceptions, continued so long as the Rebars continued to pay the annual renewal fee. Cook's Pest Control appeals from an order of the Jefferson Circuit Court denying its motion to compel arbitration. Miano of Campbell & Baker, L.L.P., Birmingham, for appellees.Ĭook's Pest Control, Inc., and three of its officers and/or managers (hereinafter referred to collectively as "Cook's Pest Control") are defendants in an action filed by Robert Rebar and Margo Rebar in the Jefferson Circuit Court. Necklaus of Eyster, Key, Tubb, Weaver & Roth, Decatur, for appellants. ![]()
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