HomeMy WebLinkAboutTermite cert/� 'PHIS AGREEMENT PROVIDES FOR
H PEST E F E N S ME Il ,' �J ����� AND THE
OF A STRUCTURE
P E 5 T a E F E N 5 E" AND THE REPAIR OF DAMAGES
CAUSED BY WOOD DESTROYING
ORGANISMS WITHIN THE LIMITS
STATED IN THIS AGREEMENT.
Account Nu.:
AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section 1.- GENERAL INFORMATION.
Nalne:l —86 G 1 �. LLC Billing Address..D� N( }� Lit L -•
Serviiccee Address: ��j�'r'iIf 4 City:
City: t-'CX.I ST. (,. rz State:--E—L—. "Lip Code:34Q
State: Zip Code:— ilolne Phone:
Location ticTwatmcm Sticker: Panel
Linear Footage of Structure(s)=1 U
Wort( I)honc: 1 t ci.1 1-111
Treaanem Type:(7 Corrective Q2 Preventive
Section Il. SERVICE COMMITMENT.
IotneTcam Pest. Defense, lite. (the "Company") will, in cotuplifnicc with applicable federal, state and local laves, odes and rcgulNions:
A. Install the Sentricun termite bait stations (thc "Stations" ill tic soil around thu perimeter of tic structures) (sac attached graph) located at die Service Address
it
above (the "St icre(s)") for lite installation fee of S 3l5
13, Monitor the Stations in accordance with the label dircetions fora period of twelve (12) months immediately following installation of' the Stations for an annual
fir of S 200
C. Total cost for the first ,year of Installation and Monitoring S 525
D. The Annual Renewal Fee after the first year S 400,00
1?. Doing the monilodne period, add and remove Rccrini'M termite bait from file Stations as appropriate:
P. During the monitoring period, maintain all Stations in scr-iceabie condition;.
Section III. CUSTOMER UNDERSTANDING, OF PERFORIMNNCE OF SENTRICON SYSTEM.
Customer understands that,
A. The Sentricun System involves installation and monitoring, culuny elimination with Recruit lknu tc haul, and s'tihsaqucnt monitoring for continuous protection
from new M alitc coiwucs;
R. Intervals of from u few weeks to marc than a ,year should be expected bclwecn:
i'Installation ol'the Sentricun stations and sufficient iermie activity to allow the addition Df Recruit termite bait: and
ii. Addition ol'Rccnttit tennitc bait.
C. During the intervl(s) iretwecn iuxlollutiun of the Sinuous and aanpim.: elimination of existing ennie colonies, termite feeding within the Structures, possibly
involving a:ddiiiuoal structured damage, may occur. Adduiouail set -sicca such us spot aplicalions of conventional tcnniticidcs are available hit combat termite
activity on a tocaliacd, short -teen basis if desired, bill are not needed I'm and will not coniribuic to termite colony clintionion.
1). The active ingredient in the Sentricun Sysnen is an insect growth regulator (Recruit) that prevents winker termites from molting, (.Molting is critical to colony
survival.)
E. In tests that it conduced un Recruit, 1)ow AgruSoi;nea f,IX, the niaiudactuivr ul Rvcrmt, observed ev idc11ce ot'very tuftlevels of nmminalian toxicity only at
very high lcvdis of exposure.
F. Tientment is provided against file attack rel" sahterancan Icnmhcs (ReliculitCmas s;,p., lietemermcs spp. and C'npiotemics spp. (Formosan). This Agreement
does nut provide fear div treatment of :my olhcr pests, plant, animal or organism mliui than such termites. 'file company has not inspected or treated the
stiuctureis) for hrihh-retool molds or hoi;ifly lair. lite Cump:M', is nut yualilied, authuriv •d o licensed to inspect tin health-related molds or fungi.
O. The Company m akcs no mprescottatiom regarding the exact lotetiun or number of any existing Icrmite eoluuics.
Section IV. DOYV AGROSCIENCES LLC OWNERS1111' OF SENTRICON SYSTEM COMPONENTS.
Customer also understands thav
A. The Seniricon System and all of the components of the Semicon System ("Components") have been designed by Dow AgroScienccs I.I.C. The Components
are and will remain the property of Dow Agro Sciences LLC. C'uslo nei flag nth rights with respect to any of die Components, other than die light to their use as
installed by the Company of the Customer's premises under this Agrrxnnenl.
11. On expiration or termination of this Agreement, lite Company and Dow AgroScietees LLC or their respective representatives are authorized by Customer to
retrieve front Custonrcr'c premis:.c the Stations and other Components for appropriate disposition. hi addition, if the Company, for whatever reason, ceases to
represent or to be authorized to represent ilio Sentricun Sysl cni,
i. The Company will:
a. So notify Customer;
b. Offer Customer the nhcntativcs of either using a dtfii7cnl form of temtitc protection or ternirating this Agreement;
C. Credit the Customer leu services paid tin but not yci received, if appropriate:
d. Refund to lite Customer an amount equal Ili the roc paid for services not yet received if Customer elects to discontinue the rclaliunship, or if the
Company cannot offer an effective altemativo form ol'let''Ili le prolectinu; and
e. Retrieve, or allow Dow AgroScienccs LLC or its represenrnt i yes reasonable access to the prennses for the retrieval of de Components; and
ii. Cusioner will:
a. Grant the Company and Dow Agtoscicmcs LLC or their tcspcctivc fepresctaotives reasomable access lit the premises for the retrieval of the
Cumpunenis: and
b. Hither agree with the Company on the use ,fill ahemative forret of fennke control or terminate Ibis Agreement.
PAYMI,NT METHOD. U C'esh J C'hcck ❑ Ci'cdit ('mrd
11 paying by credit cart( Or fCC:IrnnP, <Ie1+11 Built yn.I- batik ac�oiait. plea,C CUn11+IelC tI1C aaa:KlleaE .\umw:'vauun 1bi irrc-Atrailgw l payincnts.
This Agreement contains certain limitations, conditions and esclusiom nu the Cumpany's ohllgations. Please read the entire Agreement hefore signing.
In consideration for the Company lerfbnning the services specked abuve and subject to die talus and conditions of this Agnn•trx:nt, C'usfumcr agrees to snake the
paynrcros indicated ahnve. Cossumer acknowlMgcu receipt of a signed copy of this, Agreement. Phis Agiesinhcnt is 11,11 binding ole the Company until signed by nit
nuthorizcd manager or executive oftic- oCthc ('ompany.
CUSTOMS . HOMETF.AM PEST DEFENSE. INC.
Signature: _...._._ Signature:
Printed Name �-tJf 1 l.�l.J,.,.%u+,*S� PrimedNane: Ken Colabella
Effective nate: upon documented installation
RICHT TO GIA'CEI.: )'Oft, THE CVVTOMER, 31.11' CANCEL 7VIS %'H:1;\',S.d ("!'10:1':1T.h1'1'T1:11Li PRION TO,111DRYG'11T OF THE THIRD R[S1NF.,SS
Del F AFTER THE DATE D7 THIS TRAiYSAC'TIOA'. Sli /i 77f1' i T%': I (11E9 VO77C'1i OF CANC'CLL: I "f"IOn' P'01t AiY EXPLA AT1OA' OF THIS RIGHT.
i7tIS Rl,MOVAL OF T IIE 11.41'1' OR BAITING SYSTEM VAI' RESUI:I' IN A LACI( OFTERMITE, PRO'rECI'tON
Sentricun, Reemit and taitube are registemd irrdcmarks of Dow AgroSeicncrs LLC
(> I Liam -Team Pest lhfcose, bac. 2013 (52986 SYR) 3113
Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Cuswmcr stgcexs to be soleriy responsible: for
maintaining the Treated Premises free firm any condition conducive to termite infestation ("Conditions Conducive.' see below for expltumdon). 'lite C1Bt 1ftf AV=
to be: solely responsible for identifying mid correcting C;ondilions Conducive. 1 be responsibility tests exclusively with the Castornor, not with the Conmpmty. Failure of
the Company to alert Customer to any of the above conditions dors not alicr Customer`s responsibility under this Section. In addition, iha ex menco of any Conditions
Conducive that was not timely corrected, including any Conditions Conducive existing but :tot visible: at the time of the execution of dila Agreement, will permit am
company, at its sole discretion. to terminate the Agreement or to require: Custonmtrr to putclmase any additional treatment rcquiread as a result of the Conditions
Conducive. Customer agrees to fully cooperate with tic Company during the term of `this Agreement, and agrees to maintain the araa(s) baited free from such
Conditions Conducive. Other specific items may be notad below in "Additianitl Conmmt•nts (Stctlean XV). and water leaks 0r intrusion in
CONDITIONS CONDUCIVE; Conditions Conducive include, but ace not limited to, roof leaks, improper ventilation, faulty pltumtbintg •
or around the structure; inherent structural problemsi, including, but not limited to, wool to ground contact, niasnnry failures. and settlement of the foutudad M foam
insulWo», stucco constructim expanded polystyrene or styrofoam molded foundation systems, siding (including Anyl, wcud and metal) if within 6 itches of the
ground: mulch or other protective ground covering: and firewood, trash. lumber. wood, nnolch, shrubs, vines. and other protective ground covering if within 6 inches of
contact with Structure.
Section VI. ADDITIONS, ALTERATIONS, AND OTHER CHANGES. This Agromient covers the Slruruurc(s) identified in Section I as of the date of the; initial
installatio». Customer will imm diatuly notify the Company in writing (1) prior to the Structurc(s) being structurally modirtud, uttered or otherwise changed, (2) prior to
any termitieide being applied on or close to lite location of tiny Suction, 13) il'soil is removed or added around the foundation of the Structures) or (4) any tampering of
baiting cquipmenl or supplies occurs. Failure to notify 1110 COmpaEty in +writing or any even listed above may void the Agreement. Additional scrvims required by any
addition. alteration or other such rt�Lnt may be provided by the r..uazzpatm• art C'ustonives cexpvrise..md may nclurn• stn udjus:tmcnt in rho rcrmesval fee:.
Section VII. DAMAGE RELATED TO SERVICES. 11w Company will exercise: clue tare while performing xrrviccs hereunder to atterrtpl to avoid dairmging any Prt
of Custumces property, plants or animals. Under no c:ircunistancus will 1114• Company he responsible for damage caused by the Company at the time the work is
performed, except those damages resuIting from gross rtegligatco of tine Company.C ustome:r is respoamsablc, at C:utstonwes 5010 expense:, for refurbishing Custome es
property (including lawn and landscape) after installation of the Stations.
i
Customer initials Subject to the general terms and conditions of this Aunt, Wan
Section V11L REPAIR AND RETREATMENT OBLIGATION.
infestation of subteran an termites occurs is the treated s ituclaWs) during the term of this Agreollmettt, the Company will retreat the scree of infenetation at no additional
charge. In addition, mbjcct to the general terms and conditions of this Agreement. the Company will repair, at its cost. new termite damage to the tre atad sbucturo(s).
The Company's total liability will not exceed to any one calendar year the lesser of (i) 5200.000 or (ii) the fair market value of the treated suuctum(s), nor exceed
S 1.000,000 in the aggregate: over the turn of the Agreeemetmt, including extensions and renewals.
1. Customer oxpmaly waives any claim for economic, compcosatory, or consequential damages relatiug to the exismace of Subterranean termites or Subtaranncaa
tcrnmite derange, or for increased costs. toss of use, business interruption. diminution of value, or any "stigma" damage due to tie presenco of Subtarramn termites or
Subterranean termite damage. The Customer acknowledges that the Company is performing a service and except for termite damp repairs set forth above and any
Jamagc m the sttvcmre caused by the Company the perfcmmlancc of it. services, Customer waives any claim for property damage:. and agrees that under no
circumstances shalt Company be held liable for any a.rmiunt greater than the amount paid by the Customer to Company for the termite service to be pCrfonmeel.
2. Due to subterranean termite habUs. teratite activity tray continue to be present In a structure for a period of tine (08owing treaaent. The Company is not
responsible for repairs of subterranean termite danw)e 1but occurs before the repair portion of the warranty Incomes effective.
3. The Company's obligation to repair termite damage will become ct%ctivc upas the Cartier of (i) elimination of the colony or colonies located on or about the Service
Address or (ii) the fust anniversary of the installation of Tim Stations. Colony elimination shall be deemed ur occur when. fnUcxving two consecutive months of termites
fc odimg on Recruit termite bail in one or marc termite bait stations located at the Service Address, the Company's technician is unable to locate, for aperiod of threw
consecutive service visits to the Service Address, any live termites in any of the termite bait stations located at the Scry ice Address- If new datrogc, as cvsdetueexl by the
er
prcaence of live termites, occur.-- while the Company's obligation to repair termite damage is in force, following written notification ft m Customer and an inspection by
the Company, the Company agrees to reimburse CtWo uter far the reasonable s'ost of the repairs, but only to the extent that the total reasonable cost cif such repairs is
less than $200.000 in any una calendar year.
4. Subject to the remaining provisions of this Set-lion Vill: t. Customer will be `rimed io sicicct lite contractor who will perform the needed repairs to the treated
structurc(s). Prior to entering into a contract with s contrucior. Customer agrees to provide the Company a copy of the proposed contact or written bid. If the: Company
detenvinas the bid to be excessive, Customer agrees to grant :ceecs to the treated structurc(s) to a contractor designated by the Company for the purpose of oblaining a
second hid for the work. in cases where tinea are multiple aide for repair work. Custonwr acknowledge-s that the Company reserves the right to select the contractor to
perform the repairs.
S. The Company is not responsible for the repair of culler visibic damage: (noted on the alluchcd inspection graph) or hidd dame.` eacisting t� of the date of this
Agreement. The Company does not guarantee: that the tkanupc dkch ised on the attached insaoection graph %presents all of the existing (141Map,C as of rho date of this
) any caused lky termites the treated structure(s) or the contents thereof arising prior to or
Agreement. Thu Company will not toy responsible for (t
following the term of this Agreement or (x) any costs or e%pewes incurred by Customer as a result of any such danmage. Customer wairm all claims for
damage to the property or people that may result directly or indirectly from services provided tn• the Company, with the• sole exception of tlstims for damages
dura to the gross negligence of the Company andfor its employees.
Section IX. PAYMENT. The Company's obligation to perform under this Agreement is conditioned upon Customer's payment in full of the price set forth in S wlidlnb�
above. Custome's fail= to pay such price in lull will cause this Agree;nment to automatically and imnwdiately terminate in its ettimW and the Company
discharged of all liability. AD amounts paid. if any. will become the property of tho Company us liquWatced darimps herettndcr. Tho installation fee is due and pa*lo
at tine lime of the initial service. The renewal fee is duo and payable `pent receipt of invoice. Invoices that arc not paid within thirty (30) days of tho invoice date will
accrue interest on the unpaid balance at a rate equal to the lesser of 1.3 /o per motrih (18% per year) or the maximum rate allowed by law. In the event that legal action is
necessary to collect any amount due the Company, the Company will be twilled to recover from Customer SU costs of collection, including reasonable attorney.' fees.
in mWiticum to all ontstatteling amounts due 1110 Company.
Section X. TERM. Unless otherwise apecifcally provided herein, The parties agree that the initial term of this Agmemtnnt will be for twelve (12) months and will be
automatically renewed on an annual basis. for an additional twelve (12) month period, for a maximum of four (4) additional twelve (12) month periods, following the
initial term upon payrrtcnt by Customer of the fee indicated in Section II.H. of this Agreement (subject to adjustment as provided in this subsection), unless either party
cancels by giving the uthcr party uldlictn notice at least thirty 430) days prior to the end oftlse Ilion cuntent term. This Agreemtcnt may be temiintted by the Company or
by Customer. at any tines fallowing the initial term, upon written notice: to lime other party at bast thirty (30) days prior to such lamination, At the: crid of that rive (i)
year period, the service may be renewed annually with the mutual consent of both parties, and, thereafter, either party may terminate the service with written notice at
least thirty (30) days prior to the end of the then current team. The Company reserves the right to increase the price of service. This Agreament nosy be terminated by
Customer by providing written notice to the Company within thirty (30) days following Custamces, reccipt of the notice of increase.
Section XL ARBITRATION. ANY CONTROVERSY OR Ci„1IM ARISING OUT OF OR RELATING TO TIiIS AGRI DIENT OR ANY OTHER
AGREEMENT BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY 'PORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR
PERSONAL INJURY OR PROPERTY DAMAGE. SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS TILE PARTIES AGREE
OTHERWISE, THE ARBITRATION SHALL BE: ADMINISTERED UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") Olt, IF APPLICASi.E, IT SHALL By. DETERMINED UNDER THE AAA PROCEDURES FOR CONSUMER-RELATED
DISPUTI'LS. THE PARTIES EXPRF.S.SLY AGREE. THAT THE ARBITRATOR SI3ALL FOLLOW THE SUB.WANTIVE LAW, INCLUDING THE
TERMS Acta COhI)iTl(}NS OF'TIIIS ACREF.htF.1T. AND THAT ANIY ARBITRATIOiN PROCEEDING UNDER T113S AGREEMENT WILL NOT BE
CUNSOWDATED OR JOINED WITH ANY ACTIO-1iORLEGALPROCEEDINGL'`DER ANY OTHER ACREEti9ENTOR INVOLVING ANtY OTHER
PREMISES, AND WILL NOT PROCKE:D AS A CLASS ACTIO`. i'RIVATF. N1-1*0I;NEt' (-F.- Al.At'T101 OR SIMILAR RI�:FRE&ENTATIYE
.K
ACTION. EITHER PARTY HAS "Till•; RIGHT TO KI QI!tkE ,t PASKI. OF THREE: (3) ARBITIt tTORS. AND THE: REQL'MTiNG PARTY SHALL BE
RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARRITHATOWS. EITHER PAWI-Y MAY REQUEST AT APCY TItiIE PRIOR TO THE
HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED GPINIU`. THE: AWARD RF' :lDERED BY THE ARBITRATORS) SHAD, BE
FINAL AND BINDING, ON ALL PARTIKS, EXCEPT THAT t':1'1'l1F.11 PARTY MAN' WITHIN Sul DAPS Ole THE: 01UGINAL AWARD REQUEST AN
ARBITRAL APPEAL TO A THREE -MENIBER APPEAL. TRIBUNAL. THE APPKAI.114, PARTY SHALL BF, RKSP04NSIBLE FOR ALL APPELLATE
ARBITRATOR(S) FEES AND COSTS. THE APPEAL. TRIBUNAL SHALL REVIEW ALL QIIE:STION.S OF LAW AND FACT UNDER A CLEARLY
ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TR1130NAL SHALL BE FWAL AND BINDING. JUDGMENT MAY BE ENTERED ON
TIIE AWARD IN ANY COURT HAVING JURISDICTION TIIEREOF. CUSTOMER AND COMPANY ACILNOWLEDGE AND AGREE THAT THIS
ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED
BY THE FEDERAL ARBITRATION ACI'.
Section X11. CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. If Customer believes that Custamter or other occupants of the treated structure
are or may (A) be sensitive to pesticidesftermi;ticides or their odors or (B) have other health conditions that nay be affected by pesticidesltermlticidos or their odors,
Company recommends that you not have an initial or a subsequent service performed at your premises until you have consulted with Mow farm physician. At your
request, Company will pros idc information about the chemicals to be: traced in treating the premises. By permitting the treatment, Customer Bummss the risk and waives
any and €ill claims against tlto Cungnny in connection with such sensitivity or condition. At your request, the Company will provide information about due chemicals to
be used in treating the premises.
Section. XIII. ASSIGNABILITY. This Agreement is transferable to a new osvner of site properly located at lie Service Address provided that the now owner of the
property enters into an insWIation and monitoring agreement with the Company. The Company rescrvo 1110 right to charge a transfer fee, adjust the annual renewal
este, and change the terms of the Company's obligations under this Agreement upon any such transfer. Upon the closing of the sale of the property located at the Servicer
Address. this Agreement will terminate.
Section XIV. ENTIRE AGREEMEN"I' AND SEVERABILITY. This Agreement and the attached graph constitute the entire agreement beavecrt the parties
Customer expressly warrants and represents that, in entering this Agreement. Customer is not relying on mty promise, agr+ecmenl or statement, whether oral or writtpm,
that is not expressly and fully sot forth in this Agreetnent. dl' any part of this Agreement is held to be invalid or unenforceable for any reason, time remaining to= and
conditions of this Agrecmc nt will remain in full force and effect. The ternmsi of the Agreement stated herein may not be ameendod or altered unless a written change is
A
approved and signed by a Corporate Off ccr of COMPany. No other cenployecs or agents of Company have authority to amend or alter any part of this VOCMams.
Pro%ided. however, that as to the paragraph on AitBITRA IO.N. if the sentence precluding the arbitrator from conducting an atrbitration proeeceding as a class,
representative or private attorney general action is found to be invilid or unenforceable then the entirety of the ARBITRATION paragraph shall be: deemed to be
delated fromn this Agreement.
Section XV. ADDITIONAL CO'MMEN TS.
Se:aatriCM Recruit rand HsMube are regiaaeeel tmdcamarks of Dow ApaSciencrs l.l.0 (52986 SYR) Y13
0 1lo=Tcam Pest Maise.Im. 2013