HomeMy WebLinkAboutTermiteTHIS AGREEMENT PROVIDES FOR
ItETREA3.MENT OF A STRUCTURE
P E 5 T o E F E n s E- bag AND THE REPAIR O DANIAGES
Hl" meT4?ca111
v CAUSED BY WOOD DESTROYING
ORGANISMS WITHIN THE LIMITS
STATED IN THIS AGREEMENT.
Account No.:
AGREEMENT FOR THIS INSTALLATION AND MONITORING
OF THE SENTRICON@ COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section 1. GENERAL INFORMATION, 9c (��,
Namc:� G40 n,(�C, _ Billing Address'�I� NMI.) l I K CP& -M I,_? Pt—
ServiiceeAddress: i)o City: �� x 1�
CityR, .I ST. UjaAt ____-__ State:____F—L_ Zip Code:3 �
State:_ Zip Code:_-_-- [-tome Phone:
Location ol"hc;tmymSticker: Panel Work P11011C':—rl
Linear lroolage of Structure(.}: 710 Treatment Type: ❑ Corrective 0 Preventive
Section IL SERVICE COMMITMENT.
Iiomc I'cant Pest Dcfcnse, Inc. (the "Company") will, in compliance with applicable fedeml, state and local laws, rules and regulations:
A. Install the Sentricon termite bait stations (the "Stations") in titc soil urmnd the perimeter of the strn:lure(s) (Sec munched graph) located at the Service Address
above (the "Stnicturo(s)") for the installation fee of S 325
13. 'Monitor the Stations in accordance with the label directions fur period of twelve (12) months immediately following installation of the Stations for an annual
fee of 200
C. Total cost for the first year of Installation will Monitoring s 525
1). The Annual Renewal Fee rifler the first year S 400.00
E During the monitoring period, add and remove Reenrit o termitc bait from the Stations as appropriate:
1'. During the monitoring period• maintain all Stations in setti•iceable condition;
Section III. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Customer understands that
A. Thi, SenE.Cell System involves installation and monitoring. colony elimination with Recruit Icninic bail, and subsequent monitoring lir conlinuous protection
from new unpile colonies;
13. Intervals of from a fisc, weeks to more than a year should be expected between:
i. Installation of the Sentricon stations and sufficient termite activity wallow the addition of Recruit teruute bait; and
ii. Addition of Rccntit Ic•rmiA• bail.
C. During the interval(") bawecll illmalludoll of the Stations and complete olimination of existing termite colonies, termite feeding within the Structures, possibly
involving additional structural dannagc. ntay occur. Additiomd sen•ice; such us spot applications of convoitional temuinci&,; are available to combat tcmnie
activity on a Ioc;lized, short-Icmt basil i desired, but are not needed fur:md will not contribute to terinitc colony elimination.
D. The active ingredient in the Sentricon Systcm is an insect growth regulator (Recruit) that prevents worker rem»tes from molting. (Molting is critical to colony
survival,)
G. In tests that it conducicd on Recruit, Dow AgroSnorc•cs LI.C', the n1a ndac•uorr of liccruit. observed evidence of very low levels of mammalian toxicity only at
very high levels of exposure.
17. 'freabnent is provided against the attack w ;uhtoTancan tcrmrics (Reticuitlennes slip., I locrotuntes spp and Coptnternes slip. (Fornnosan). This Agreement
does not provide for the trcatur it nt any ,alien pests, planl. annual or organism odrer than such tc:elite". 'fhc Company Inas not inspected or treated the
stnncmrc(s) for heahh-:elated amids or fu ll;i. lly law. tine Company is not qualifivd, :ntiatrrzcd or licensed to inspect for heahh-related molds or fungi.
G. Thu Company nurkcs no ropresontutions regarding tileexuct location or number of any existing termitc volumes.
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands that:
A. This Sentricon System and all of the components of the Sentricon System ("Cotuponent ) have been designed by Dow AgroScienees I.I.C. The Components
arc and will remain the property of Dow AgroSciencos LLC. Customer has no rights with respect to any of the Components, other than the right to their use as
installed by the Company on the Customer's premises under Ihis Agreenlenl.
B. On expiration or Iemrination of this Agrcerncnl, the Company and Dow AgroSciencos I.I.0 or their respective representatives are authorized by Customer to
retrieve from Customer's premises the Stations and ollner Components for appropriate disposition. In addition, if the Company, for whatever reason, ceases to
represeot or to be atnhorized to ignesent the Sentricon System.
I, Tie Company will:
a. So notify Customer;
Is. Offer Customer the alicmalives of either using a different form of termitc prom -tion or terminating this Agreement;
C. Credit the Customer for sell ices paid fan but not ya :eeeiveJ, if appropriate:
d. Refund to the Customer an anumm equal un the ice paid for sei vice. nut yet lcccivcd if C'u,nancr elects to discontinue tie relationship, or if the
Company cannot offer an effective allemainv linm of Icrmilc protrctiun; and
C. Retrieve, or allow, Dow AgroSwcnces LI.0 or its reprewolativcs reasonable access m the premises for the retrieval of tine Components; and
ii. Customer will:
a. Grant the Company anti Dow AgroSciences I.I.0 or their respectivc rcprcsenhntives reamannbic access to the premises for the. retrieval of tho
Connponcnts: and
h. Fither agree with the Cantpany nn the use of an alternative form of termitc control or toorinare this Agreement.
PAYMI>Nf MM -1101). U Cash -, Check U Credit yard
If paying by aedil crud or —'erinit debit from your bank aa:ot:tit. phase complete the• ::ushcd wtho—,iiia: tw frc_Arranycd Paymcros.
This Agreement contains certain limitations, coudilinns and nolo ions ou the Company's obligations. Plctnsv rand Ill(- entire Agreement lnefore. signing.
In consideration liar the Company Ivrfunning the service, specified abevc and subjcet In till Moll and o:nuiinoon of Ili: Customer ;agues to urakc the
payments indicated above. Customer acknowledge" receipt of a signal copy of IN, Ago c..ii-I l'his Asuccnnmt is m+t binding on the Company until signed by un
authorized manager or oxeculive oftic.• of the Company.
CUSTONiEI . r HOMETEAVi PEST DEFENSE, INC.
� 1
Signature: / Signature: .. �`✓ �`"--� 1—
Printed Name. CJI I l.J�.� Primed Name: Ken Colabella
,/�Q HRictivc Date: upon documented installation
RIGHT TO CANCEL YOU, THh' CUSTD,tiER, 31A F CANCEL 771LST ItA,V,S.ACTIO:Y aT.tA'1' T1:311: PfiIOR 7'O AIID117GIIT OF WE TIMID RUSINETS
DAFAPTER Tilt' D.I TE OF THIS TRANSACTION. SEE TI/E,ITTACHER NO"I'IU..' Ol' CI:YCELL:ITION FDR .4NEXPLANATION OF THIS RIGHT.
THE RE.AMOVAL OFTHE BAIT OR BAITING SYST E.711 NIAY RESC'I.'f IN A LACK OF•CERV I'1'li PROT'EC"1'K)N
Senrieoo, Rcemit and Raimbe xc registered trademarks ar Dow AgroScicnccs LLC
0 1IonxTesnt Pest Defense. tile. 2013 (52986 5YR) 3113
Section V. CUSTOMER COINI1'IITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The customer agrm to be soldy respetssible for
maintaining the Tmood Premises free from any condition conducive to termite infestation re.anditions Conducive:' sea below for explmrtgtion), The Cu5t0inet'rzgrees
to be solely responsible for identifying and comthig Co nditiomea Conducive. TI19 trxponsibility tests oxclusivclY with the Customer, not with The Company. I�ailura of
the Company to Blot Customer to any of the above conditions does not alter Customer`s responsibility under this Section. In addition, ties existence of any Conditions
Conducive that was not timely coffccicd. including any Conditions conducive existing but not visible; at the time of the execution of Ws Agrecrt A will permit lite:
Company, at its sole discretion, to terminate the Agreement ur to require Customer to purchase any additional treatment required as a result of the Conditions
Conducive. Customer agrees to fully cooperate with the Company during the term of this Agre eaten, and agrees to maintain the arv*s) baited free from such
Conditions Conducive. Other specific items may be noted below in 'Additional Conuncuts" (Section XV)- lttmbin and water leaks or iatrusiorm in
CONDITIONS CONDUCIVE: Conditions Conducive include. but arc not limited to, roof hales. improper ventilation, faulty p g.
or around the structure; inherent structural problems, including, but not limited to, wood to ground contact, masonry failures, and settlement of the foundation, foam
insulation„ stucco construction, expanded polystyrene or styrofoam moldcd foundation systems, siding (including vinyl. wood and metal) if within 6 inches of lite
ground; mulch or other protective ground covering; and firewood, trash► lumber, wood, mulch. shrubs, vines. and other protective ground covering if within 6 inches of
contact with structure.
Section VI. ADDITIONS. ALTERATIONS, AND OTHER CHANGES. This Agreement covers the Stnrcturc(s) identified in Section I as of the date of rho initis
installation. Customer will intmediatuly notify the; Company in writing (1) prior to the Structure($) being structurally modifiud, uttered of otherwise changed, (2) prior to
any termitieide being applied on or close to elle tc�catiots of any Station. (3) ii soil is removed or added around lite foundation of the SUWure(s) or (q) �1 tampering of
baiting equipmrnt or supplies occurs. Failure to ncitify the Company in meriting of any event listed above may void the Agreenirnt. Additional services regttisrd by any
addition. alteration or other such event may b,.• provided by the Company at CuNionices cxpe nse. and may require an adjustment in the renewal fee.
Section VII. DAMAGE RELATED TOSER The Company will exercise due carp wliilc performing :cervices hereunder to attempt to avoid damaging any part
of Customer's pro lants or aninmals. Under no circurnstsnics aril elle Cump'.uiy hi• respeuisiblc for datmmagi c.iu$vd by the Company at the time the nark is
ICY• P
performed, except those damages resulting from gross negligence of the Company. Customer is responsible, ut Custome es sole expense, for refurbishing Customees
property (including Iowa and landscape) after installation of the Stations. if an
Section VIIL REPAIR AND RETREATMENT OBLIGATION. Customer initials w Subject to lite general terms and conditions of this Agrcanse L
infestation of subterranean imsnites occurs in the treated simcturr(s) during the term of this Agrccutcttt, the Company will retreat the area of inf Watson at oto additional
charge. In addition, subject to the general terms and conditions of this Agreement, the Company will repair, at its cost. new termite damage to the treated stsuctin'0 )-
The Company's total liability will not exceed in any once calendar ye:cr the lesser of (i) 5700.000 or (ii) the fair market vain of the hvatcd strrscttue(s), nor exceed
S 1.000,000 in the aggregate over the terns of the Agreement, Inc luding exte nsions and renewals.
1. Customer oxprcssly waives any claim for economic. compensatory, or consequential damages relating to the existence of Subterranean termites or Subtamrmcan,
tcrnsitc damage, or for increased, costs. loss of use, business ince nuption, diminution of value, or any "stigma" danuigc due to tine presenco of Subterranean termites or
Subterranean termite damage. The Customer admwledges that the Company is performing a sctvictr and exceptfor termite damage :+ � set fo:tht above and any
damage to die structure caused by the Company in the performance of iU services, Customer waives any claim far property damage. and agrees thtst under no
circumstances shall Company be held liable for any amount greater than the amount paid by the Customer to Contpany for the termite service to be perfonrt &
2. Due to subterranean ternita bablts, termite aetivity may continue to be present In a structure for a period of time (allowing trtatmeut. The Coatpamrir is not
responsible for repairs orsubterraneon termite damage that occurs before the repair portion of the warranty becomes ei%tive.
3. The Company's obligation to repair termite damage will become officcliver upon the earlier of (i) elimination of the colony or colonies located on or about the Service
Address or (ii) the fust anniversary of the installation of the Stations. Colony elimination shall be deemed to occur when, following two conscawtive months of termites
feeding on Recruit termite bait in one or more termite bait stations located at the Service Address, tete Company's technician is unable to locate, for a period of three
consecutive service visits to the Service Address, any live termites in any of the termite bait stations located at the Service Address. lfnew damage, as cvidenccd by the
presence of live termites. occurs while the Company's obligation to repair termite damage is in force, following written notification from Customer and an inspection by
the Company. the Company agrees to reimburse Cimtusm er for the remmnahlc ocust of the tepairx, but only to the extent that the total msonabk cast of such repairs is
lea than $200.0W int any uno calendar year.
A. Subject to the remaining provisions of thio: Section V111.4. Customer will he cntitled to select the contrnctur who will perform the needed repairs to rho treated
strticturc(s). Prior to entering into a contact with a contructor. Customer agrees to provide the Company a copy of the proposed contract or written bid. If the Company
determines the bid to be excessive, Customer agrees to grant access to the treated structurr(s) to a contractor designated by the Company for the purpose ofobtaining a
second hid for lite work. in canis where there are multiple bids for repair work. Custmiter acknowlccdgc.4 that the C*mpany resesvus the; right to select the contractor to
perfium the: repairs.
S. The Company is not responsible far the repair of cidwr visible damage (noted on the nituchcd inspection praph) or hidden damage existing as of the dame of this
Agreement. The Company does not guaranteethat the damage disclosed on the attached inspection graph w1iresents all of the existing damage as of the date of this,
Agreement. The Company will not be responsible for (1) any damage caused by termites to the treated structures) or the contents thereof arising prior to or
following the term or this Agreement or (2) sing• costs or expemes incurred by Customer as a result of any such donmage. Customer wait -es all clauses for
domage to the property ar people than may result directly or indirectly from senices provided by the Company, with the sok exception of eislms for damages
due to the gross negligence of the Contpatly 2adfor its employees.
Sectlao IX. PAYA'IENT. The Company's obligation to perform under this Agreement i4 conditioned upon Cus;tamet's payment in full of the price set fourth in Section 11
be
above. Customer's failure to pay such price in full will cause this Agree:mcnt to automatically and immediately tcrmtnatc in its entirety and the Company nail
discharged of all liability. AD amounts paid. if any. will become the property of the Company us liquidated danagrs horeaader. Tho installation fee is; due and psyablo
at the time of the initial servicer. The rcmwol fee is due and payable upon receipt of invoice. Invoices that are not paid within thirty (30) days of the invoice date will
accrue interest on the unpaid balance at a rate espial to the lesser of 1.5% per month (19% per year) or the maximum rate allowed by taw. In the event that legal action is
necessary to collect any amount due the Company, the Company will be entitled to recover from Customer;W costs of collection, ineluding reasonable attorneys' fees.
in addition to all outstanding amounts due the Company -
Section X. TERM. Unless othenvise spcciftcolly provided herein, rho parties agree that the initial term of this Agreement wil l be for twelve (12) months wW will be
automwically 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 payment by Customer ofthe fee indicated in Section H.H. of this Agreement (subject to adjustmcrit as provided in this subsection), unless either pally
cannccls by giving the Other party written notice at least thirty 430) days prior to the and ofthc thein eument term. i7lis Agrc:mcni nay be terminated by the Company of
by Customer, at any time fallowing the initial term. upon written Adie: to the other party at bust thirty (31D) days prior w such termination. At the e.•ttd of that five (S)
year period, the service may be renewed annually with the mutual conscm of both panties. and, thereaitcx, either party may terminate the service with written notice at
lost thirty (30) days prior to the end of the then current term. The Company reserves the right to increase the price of service. This Agreement nay be terminated by
Customer by providing written notice to the Company within thirty (30) days following Customer's receipt or the notice of increase.
Section XI. ARBITRATION. ANY CONTROVERSY OR CLiJIM ARISING OUT OF OR RELATING TO THIS AGREEMPM OR ANY OTHER
AGREEIMENT BETWEEN THE PARTIES, INCLUDING BUTNOT LIMITED TO A.NY TORT AND STATUTORY CLAENIS, AND ANY CLAIMS FOR
PERSONAL INJURY OR PROPERTY DAMAGE. SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE
OTHERWISE, THE ARBITRATION SHALL HE: ADMINISTERED UNDER THE COI►IMERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") OR, IF APPLICABLE, IT SHALL. By. DETEILMINE;D UNDER THE AAA PROCEDURES FOR CONSUMER -RELATED
DISPUTEM THE PARTIES EXPRESSLY AGREE THAT THE ARBITRA'I'OK SHALL HOLLOW THE SUBSTAi TIVE LAW. INCLUDING THE
TERMS A&ND CONDMONS OF'fim AGREEI ENT. AND Tl1AT ANY ARBITRATION PROCEE1 ENG UNDER THIS AGREEMENT WILL NOT BE
CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL. PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER
PREMISES, AND WILL NOT PROCEED AS it CLASS ACTION. i'ItIVATE: A•I"I'OWNEV CKNE RAL ACTIO 1 OR S14MILAR REPRESt I TATiVE
ACTION'. EITHER PARTY HAS 'PILI:: RIGHT TO if.-Q1AJtE: A P,VSKI. OF 'PIIRrx. (.3) ARal-1'MATORS. AND THE: REQVF-ST1NCS PARTY SHALL BE
RESPONSIBLE FOR THE COST OF 'rilE ADDITIONAL ARiU1'RAT0KS. XI'I*lIKK PI%Wl'Y .MAV REQUEST AT AINY TIME PRIOR TO THE
HEARING THAT THE AWARD BE: ACCONIPAVIFD SY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATORS) SiIALI. BE
FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT gl'1'IIF.It PARTY MAY WiTHIN 10 D,%vs OF THE ORIGINAL AWARD REQUEST AN
ARBITRAL APPEAL TO A THREE MEb18ER APPEAL TRIBUNAL. THE APPI?ALING PARTY S(IA1.1. BE: RESPONSIBLE FOR ALL APPELLATE
ARBITRATOR(S) FEES AND COSTS. THE APPEAL. TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT' UNDER A CLEARLY
ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND SINDI;\C. JtJI)GMENT MAY BE ENTERED ON
THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND COMPANY ACKNOWLEDGE AND AGREE THAT THIS
ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED
BY THE FEDERAL ARBITRATION ACT.
Section XII. CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. if Customer believes that Custon wr e►r other occupants of the treated structure
are or may (A) be sensitive to pesticidesltermiticides or their odors or (13) have other health conditions that may be affected by pesticideshermiticides or their odors.
Company recommends that you not have an initial or a subsequent service performed at your premises until you have consulted with yaw family pbysiciari. At your
request. Company will pTovidc information about the chemicals to be used in treating the premises. By permitting the treatment, Customer assima the risk and waivers
any and all claims against rho Company in connection Bath such sensitivity or condition. At your request, cite Company will provide information about die chemicals to
be used in treating the premises.
Section XIII. ASSIGNABILITY. This Agreement is transferable to a stow owner of the property located at the Scrvic: Address provided that time new owner of the
property eaters into sin installation and mtonitming agreement with the Company. The Company rescn%cs the right to charge a transfer fee, adjust the annual rartcwal
rate, 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; Service
Address. this Agreement will terminate.
Section XIV. ENTIRE AGAEEMKN"T AND SEVERABILITY. This Agreement and the attached graph constitute the entire agreement behveert the parties.
Customer expressly warrants and represents that, in entering this Agreement, Customer is not relying on may promise, agreement or statement, whether oral or writtm
that is not expressly and fully set forth in this Agreement. If any part of this Agreement is held to be invalid or unenforceable for any Mason, the rennaining terra$ amt
conditions of this Agreement will remain in full forca mid cffccL The tcnna of the Agreement stated herein nmuy not be ameamdod or altered unless a written change is
approved and signed by It Corporate Offsccr of Cotimpany. No other cimployces or agents of Company have authority to amend or alter any part of this Agrcorot•tti.
Proeided, however, that as to the paragraph on AR1 ITRA'rw, if the sentence precluding the arbitrator from conducting an arbitration promeding as a elam,
serpresenrative or private attorney general action is found to be invalid or unenforceable then tete entirety of the ARBITRATION paragraph shall be deemed to be
deleted from this Agreement.
Smilon XV. ADDITIONAL. CO'MMEN"I'S.
Seamen. Recruit rad agitube am regianarcd wdccmwks of Dow AacaSciamo l.I.0 (52986 SYR) 3113
0 lloaicTcam Pest Ikfacsr. Inc. 2013