GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the purchase of the lice protection program services offered by Lice Protection Plan, LLC (“Seller”) and are incorporated by reference into each Purchase Order.
Buyer must indicate on Schedule A attached to this PO the total number of students or other individuals that Buyer desires to cover via Seller’s comprehensive lice protection program at the per individual price of $40.00-$50.00, and also indicate their name(s), phone number(s) and mailing address(es). Schedule A is incorporated into and is part of this PO for all purposes.
Upon receipt of payment in full , Seller shall provide the lice protection program services described herein for a twelve (12) month period beginning fourteen (14) days after the date that Buyer submits payment in full to Seller. If any of the covered individuals are suspected of having lice, Buyer or the covered individual(s) or their family member(s) shall contact Seller who shall make an appointment for the covered individual(s) at an independently owned and operated lice screening facility.
Buyer acknowledges that the independently owned and operated lice screening facilities generally charge a fee for the initial screening, and in the event that the screening is negative for lice then the covered individual is 100% responsible for the screening charge.
In the event that the screening reveals the presence of lice, Seller shall pay the cost of the lice screening and treatment to the independently owned and operated lice treatment facility up to a total of two hundred fifty dollars ($250.00) per visit. The covered individual shall be responsible for any fees or other charges in excess of this limit, and is also responsible for the cost of any products that may be recommended by the independently owned and operated lice treatment facility. In the event that the covered individual receives additional treatment(s) or product(s) within thirty (30) days after the initial visit, the subsequent treatment(s) or product(s) shall be deemed part of the initial visit, and therefore subject to the $250.00 maximum payment that Seller is required to provide.
Further, each covered individual is subject to an annual limit of five-hundred dollars ($500.00) for all services or products in each term or renewal thereof.
This PO shall automatically renew for a subsequent periods of the same length as the initial term unless Seller gives the other written notice of termination addressed to Mr. Chris Lenzen and sent via electronic and regular mail to liceprotectionplan@gmail.com within at least sixty (60) days prior to expiration of the current term and no longer than ninety (90) days prior thereto. Payment for the renewal term(s) shall be within fourteen (14) days after the renewal term begins.
Buyer shall have the right to modify the specific covered individuals that are entitled to receive the lice protection services during any renewal term by providing Seller with the names, addresses, and phone numbers of these individuals within fourteen (14) days after the renewal term begins; provided, however that the total number of covered individuals may not be decreased to fewer than the number of individuals listed on Schedule A unless there has been a decrease in school enrollment during the renewal term.
1. General. Seller reserves the right to change pricing for the lice protection program services for any renewal term by providing Buyer with written notice via electronic and regular mail to the individual listed on this PO as the contact person and the address listed hereon not less than sixty (60) days prior to the expiration of the term of this PO or any renewal thereof. Buyer shall then have thirty (30) days to provide Seller with written notice of its intent to terminate this PO, and if Buyer fails to do so then then Buyer shall be deemed to accept the revised pricing amount.
2. Warranty disclaimer. Seller makes no representation or warranty express or implied regarding the quality of the lice screening or treatment services offered by the independently owned and operated facilities where covered individuals will receive the lice protection program services, and specifically disclaims any implied warranty of fitness for a particular purpose. These independently owned and operated facilities are not Seller’s agents, and Seller is not legally responsible for their or their employees or representatives’ actions or inactions/omissions. IN NO EVENT WILL SELLER BE LIABLE TO BUYER OR ANY COVERED INDIVIDUAL(S) UNDER THIS PO FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT OR OTHERWISE, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Force Majeure. Seller shall not be deemed in breach of its obligations hereunder for any failure or delay in performance caused in whole or in part by circumstances beyond its reasonable control, including but not limited to the inability of the independently owned and operated facilities where covered individuals will receive the lice protection program services to schedule a covered individual(s) for lice screening or prevention services.
4. Applicable Law/Venue/Waiver of Jury Trial. This PO and all rights and obligations of the parties hereto shall be governed by, and construed and interpreted in accordance with, the laws of the State of Missouri. Any claim or cause of action relating to this Agreement shall be brought in the Circuit Court of St. Louis County, Missouri and the parties hereby agree to submit to such jurisdiction. Buyer, Seller, and all covered individual(s) hereby WAIVE TRIAL BY JURY in any action, proceeding or counterclaim brought by either of the parties to this Agreement against the other regarding any matter arising out of or in any way connected to this Agreement.
5. Costs; Attorney’s Fees. In the event that Buyer violates or breaches any of the covenants, agreements, terms or provisions of this PO, Buyer agrees to pay all cost and expenses incurred by Buyer in enforcing the covenant, agreement, term or provision hereof and in pursuing its remedies herein, including, without limitation, reasonable attorney’s fees.
6. Assignment. The parties acknowledge that the covered individual(s) shall not have the power to assign their right to receive the lice protection program services provided hereunder. Seller may assign this Agreement.