HomeMy WebLinkAboutBuchanan22 Termite Contract.pdfHome eam
PEST DEFENSE*
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PHIS AGREEMENT PROVIDES FOR
RETREATIME riT OF A STRUC URE
AND THE REPAIR OF DAMAGES
CAUSED BY WOOD DESTROYING
'
ORGANISMS WITHIN THE LIMITS
STATED. IN THIS AGIREEVIENT.
Account No.:
AGREEMENT FOR THE INSTALLATION AND
MONITORING
OF THE SENTRICONO COLONY ELIMIN.&TION SYSTEM FOR NEW CONSTRUCTION
Selction 1. GENERAL INIrORMATI N.
Nainc:GZB6 -G-K LLC
Service Address:I c A3
City: l us'= -e
State: :;,. Zip Code-:
Location ufTtratmcrtt Sticker: Panel
Billing AddressiND 1) 2 nL.
Cite: ...
state: EEL Zip Code:
Ht3mc Phone.
Work Phonc*'_11 a)n L5: 1_1
-' 10 Treatment T u Q c-orrective o Preventive
t.tttcar 1�ootaJlc:oi'truc.turc(s) yl
Section I.I. SERVICE COMMITMENT.
Ilomc1'earn Pest Dcferim inc. (the "Company") -%, ill, in compliance with applicable federal, state and local laws, rules and regulations:
A. install the Sentricon termite; bait stations (thc "Stations" in t}te soil rtround the perimeter of the structurc(s) (sec: attached graph) located at the Service Address
above (the "Stntcturc�(s)") for the installation fee of S 325
B. Monitor the Stations in accordance with the label directions for a.period of twelve (12) months immediately following installation of the Stations for all annual
fig of$ 200
C. 'Total cost for the first year of instnflation.and moniioring S 525
0. The Annual Rcncwaal Fee latter the first year S 400.00
R. During the monitoring period, oWand remove RecmitI.0 termite bait from the Stations as appropriate;
F. During the monitoring period, maintain all Stations in serviceable condition:.
Section 111. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENT.RICON SYSTEM.
Customer undgm. tands that:
A. 'I'hc Sentricon System involves installation and.nianitoring,-`olvny cl.iminatitatt with Rccruit lennite basil, and subsequent rnunituring 1br continuous proteellon
Cnim roe w tin -mite colonies;
11. Intervals of frorn a few «,ccks to more than r year should be expected between:
i. Installation ofthe Sentricon stations and sufficient termite activity to allow the addition of Recruit termite bait: and
ii. AdMinn of Rccrtit termite boil.
C. During the: interval(:t) bclN rccn illstsilllttrllrr eat the Stations acid c'omplote viiruination or termite: colonies, tormily llwdirng within the Stnarttuts, possibly
involving additional structural dunlage. may incur. Additional service; such ay spot appliwtiwls* of ounvvntionaal terntitic:idus are available to combat tornnitc
activity tin a localized, short -terns basis if desired, bot are not needed for and will not contribute to termite colony ctintin.ation.
D. The active ingredient in the Sentricon Sys -tom is all insect growth regulator (Recruit) that prevents worker tennniHs frorn molting. (Nlolting is critical to colony
survival.)
E. In tests that it conducicd on Recruit, )late• rl=roScnences LI..C'. tta4 :atnufacturcr oi'Recruit. observcd cvid:ncc of"vi:ry ling levels of mornmalian toxicity only at
very high levels of exposure.
I'. I'reatrnent is provided against the: attack of kerhttrraancarn react'rites (Re0culitermes dila., lieterotertucc slip. and (:opinternics spp. (Nrnaosatr). iris Agree; ent
docs. not provick floor the: trcaatucnt of :any .trtl,c:r° pests, plsrnt, artiituait or drl;:tani..gn) other than 4t:ch ter iaitc .,% 'I'lie Company huts tacit impected or ireated the
stnucturc(s) for health -.elated t»vlds or fungi. By law. the Cumparny is not qualified; auth-ori%cul or Ilccnscd to inspect for heirhh-related molds or fungi.
G. The Company nrukcs no npresc Mations regarding tlrc exact location or number ol'any existing termite colonic s.
Section IV. DONV AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands than:
A. 1irc: SLntrictan,System and all cif the componctits of the Scott -icon Systctil ("Components") have been &-signed by Clow AgroSCicilces -LLC. The Components
are and will remain ilic property of Dow. Al rbSc>iunccs LLC'. Customer has no rights whit respect to any of the Componcnis, otlrc;r tbao 111c right to their use as
installed by the Company aril the Customer's premises under this Agrectnent.
B. On expiration or termination of this Agreement, the Company and Dow AgroSciances LLC: or their ra.epectivc representatives are authorbwd by Customer to
rctricYc from Customer's premises the Stations and other Components fine appropriate disposition. In addition, if the Company, for whatever rma,4on, ceases to
represent or to be authorized to represent the Sentricon System,
i. Tlic Company will:
a. So notify Customer;
b. Offer Customer the:attannntivos of either using; .a diff •rcni form of termite protection or terminating this Agreerruarr,
C. Credit the Customer for services paid for but not yet received, if appropriate:
d. Refund to the Customer an amount equal to the tee maid for service not yet teccived if C'usiomcr elects to disetuitinue clic relationship, or if the
Company cannot ofier out effective aitcntative form of termite protection; and
C. Retrieve, or allow Dow AgroScicttces LLC or its represeniativcs reasonable access to the ptctnises for the retrieval of alto Components; and
ii. C:aasttlmer will:
3. Grant the Company and Dow Agrose:icnccs I'Le car their respective representatives rcasonable access 10 the: premises for the. retrieval of the
Cotnponcurts: and
h. Either agree with the Company cria tlac Lase oafalt altmmattive form of termite control or terminatc this Agreement.
P:1Yvlf's\ J' :t{f 17'!'E IUD. U Utsh 3 Clic uk U C lvdir Patrol
If pitying by credit card or rcuuming debit from yow. bang: ac::oullt. I)il`:iii: COMM )CIC the Y:tt:aciied Authorixatiou im 1're-Arrianpcd Payments.
'Mis Agove:cent Contain:; curtain limitations, conditions and u-vClusions lin till, colopally''c orhlig atiouti. Please resttl Ilse entire Agretnnetrt before signing.
In consideration for the Curnixiny performing the services specified s1►ove and subject to thi: terms and condition., of tills Agreement. Customer agnms to stake the
payments indicastcd above. Customer acknowledges reecipt of a signLd copy of this Agreement. This Agrc:enaciu is not binding oil the Company utitil signed by an
outhoriv,Cd rnastager or executive of}iC Of 1110 C'arr1%1"Yi
CUSTOME HO V STEAM PEST DEFENSE, INC.
Sil;rztrturc: _ __. Signaatut
'Ken Colabella
Printed Nomcl_2�} qlws
� uj.�__ Printed Dante:1
Isntail: r lA OnAVY-1• L•ftcctive Darc: upon documented installation
.0 hm-
RIGHT TO 011WEL: YOU, THE C'U.V7'0j1113N, A/A V CANCEL THIS TIGIA'SAC770NA1'ANI' AIE PRIOR 7'0 3111)NIGHTOF THE TI1II1D RUSINE S
DAIPAP'TER TUE' DATE OF THIS TRANSACTION. S1:1: TIII: ATTACHED NOTICE OF CANCELLATION FOI( JNEATLANATION tIT THISRIGHT.
THE IUMOVAL OH THE BAI:1' Olt. HAITING SYS') RI MAY ]tESUUl' IN A 1.ACIC OF TERMITE PROTECTION
Sentricon, Rectuit and Buitube are registcrtd trademarks of Dow Agraticicnecs 11C
P lioarw'!'esrit Pest ihtferasc, Inc. 2013
(52986 5YR) 3113
Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agues to be solely responsible Car
maintaining the Treated Premises free 11tom any condition conducive to termite infestation ("Conditions Conducive: sec below for explanation). The Customer agKes
to be solely responsible for identifying :std cot7ectimg Conditions Conducive. The responsibility rests exclusively with the Customer, not with tbt; Comparty. Failure of
the Company to alas Customer to any of the above conditions docs not alter Customer's responsibility under this Section. In addition. Cha existence of any Conditions
Conducive that was not timely ca=etcd, including any Conditions Conducive existing but not visible: at the time of the execution of this Agreement, will permit the
Company, at its sole discretion. to terminate the Agreement or to rc(luirc Custununr to purchase any additional treatment required as a result of the Candidana
Conducive. Customer agrees to fully cooperate with tate Company during the term of this Agrement, and agrees to maintain the crags) baited free from such
Conditions Conducive. Other specific items ntay be noted below in "Additionid Communis" (Se.^ction XV).
CONDITIONS CONDUCIVE: Conditions Conducive include► but are not liinited to, roof leaks, improper ventilation. faulty phimbing. and water leaks orintrusion in
or around the structure; inherent structural probloms. including, but not limited to, wood to ground contact, masoary failures, and settlement of the foundation. foam
insulation, stucco construction. expanded polystyrene or styrofoam molded foundation systems, siding (including vinyl. wood and metal) if within d inches of the
ground; nwlch or other protective ground covering; and i'irchvood. trash. lumber, wood, mulch, shrubs, vines. and other protective ground covering if within 6 inches of
contact with structurc.
Section VI. ADDITIONS, ALTERATIONS, AND O'T'HER CtIA13'Gi:S. Thin Agr+oaaie[mt covers the: StrtiCtcire(s) idcrhtiiled in Section I as of the date of tits initial
installation. Customer will inimedbstuly notify the Company in writing (1) prior to the Structurc(s) being Structurally madirtud. uttered or otherwise changed, (2) prior to
ittcation of pity Station, (3) it'soil is removed or added around the foundation of the Structure(:) or (d) any tarnpering of
any termiucide being applied on or close to the
baiting cquipmmetu or supplies occurs. Failure to notify the Company in writing of any event listed above may void the Agreement. Additional services required by anY
addition. alteration or other such event may be provided by the Compute• at Customer's eximtrnse. and may mquire• an adjustment in the renewal fee.
Section VII. DAMAGE RELATED TO SERVICES. 77he: Company will excreisc duc eine while pe:rfornitng :Cervices hereunder to attempt to avoid damaging any part
of Custumcfs property, plants or animals. Under no circumstances will the Company In- responsible for danage coined by the Company at the time the %%Vrk is
performed, accept those damages resulting from gross negligence of the cry. Customer is responsible. at Customes sole expense, for refurbishing Customees
property (including lawn and landscape) alter installation of the Statlons.
Secdon VIJL REPAIR AND RETREATMENT OBLIGATION. Customer initials � Subject to the gcncral telae and conditions of this Agr+acttsatt. if an
infestation of subtetmnean termites occurs in the trotted structure(s) during the terns of this Agreement, the Company will retreat the area of infgmatton at no additional
charge. In addition, subjed to the general terms and conditions of this Agreement, the Company will repair, at Us cost. new termite derange to the traced strue 011*s).
The Company's total liability will not exceed in any one calendar year the lesser of (i) S200.000 or (ii) the fair market value of the treated structure(s), nor exceed
S1.t100,000 in the aggregate: over the terns of the Agm-went, including extensions and renewals.
1. Customer aeprasly waives any claim for economic, compensatory, or consequential damages relating to the existence of Subterranean termites or Subterranean.
termite damage, or for increased costs, loss of use, business interruption, diminution of value. or any "stigma" damage due to the presence of Subtarrascan termites or
Subtermnean termite damage. The Customer acknowledges that the Company in performing a service and except for tennite damage repairs set forth above and any
damage to the stricture caused by the Company in the pe�rforniam of its, services, Customer ♦e-aivcs any claim for property damage. and agars that udder no
circumstances shall Company be held liable for any nnumunt greater than the amount paid by the Customer to Company for the termite service to be performed.
2. Due to subterranean termite habits, termite activity tray continue to be present In a structure for a period of time following trextment. The Company is not
responsible for repairs of subte;trraaean termite damage than occurs before the repair portion of the warranty becomes effective.
3. The Company's obligation to repair termite damage will become c0cctive; upon the earlier of (i) elimination of the colony or colonies located an or about the Service
Address or (ti) the fust anniversary of the installation of nim Stations. Colony elimination shall be deemed to occur wlim. following two consecutive months of termites
feeding on Recruit termite bait in one or more termite bait stations located at the Service Address. the Company's technician is unable to locate. for a period of 1hM0
Address, service visits to the Service Addr, any live termites in any of the termite bait stations located at tho Service Address. If new dam>:tge. as evidenced by the
prc"Mm of live termites. occurs while the Company's obligation to repair ternmite damage is in force, following written notification from Customer and an inspection by
the Company. the Company agreed to reimburse Cimoiner for the reasonable Cost of the repairs, but only to the extent that the total reasonable cost of such repairs is
tees than $200.000 in any una calendar year.
4. Subject to the remaining provisions of this Section VIIIA, Customer will be cmh1cd to sclect the conimctur who will perform the needed repairs to the treated
stmclurc(s). Prior to entering into a contract with a contractor. Customer agrees to provide the Company a copy of Cha proposed conuvct or written bid. If the Company
detcmtincs the bid to be excessive, Customer agrees to grant access to the treated structure(s) to a contractor designated by the Company for the purpose of obtaining a
second hid for the work. In rases when: there an multiple gids for repair work. Custonmc:r acknowledges that the Company rescive s the right to select the contractor to
perfume the repairs.
S. The Company is not responsible for the repair of cither visible damsuage (noted on the anuchvd inspcction graph) or hidden damage existing u of the date of this
Agreement. The Company does not guarantee Thal the damugc disclosed on the attached inspcetion graph represents all of the existing damage as of the date of this
Agreement. The Company will not be responsible rur (1) any damage caused by tormites to the treated struvture(s) or the contents ihcreofarldris prior to or
following the term of this Agreement or (2) any costs or cupenses incurred by Customer as a result of un)' such damage. Customer waives all claims for
due nage to the property or people that may result directly or indirectly from senices provided In the Company, with the sole exception of +claims for damages
due to the gross negligence of the Company atndfor its employees. .
Section IX. PAYMENT. Time Company's obligation to perform under this Agr�cemcnt is conditioned upon Customees paynw-nt in full of the price set forth to Section 11
above. Custonices failures to pay such price in full will cause this Agreement to automatically and immediately terminate in its entirety and tho Company will be
discharged of all liability. All amounts paid, if any. will beconmc tic property of the Company as liquidated damages hereunder. Tho installation fee is due and payable
at the time of the initial service. The renewal fee is due and payable upon receipt of invoice. Invoices that arc not paid within thirty (30) days of Cha invoice date win
accrue intemst on the unpaid balance at a rate equal to the lesser of 1.5% per mouth (I SO% 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 entitled to recover from Customer IU costs of collection. including reasonable attotngW fees.
in addition to all outstanding amounts due the Company.
Section X. TERM. Unless otherwise specifically provided herein, Cho parties agree that the Wtinl tcm of this Agmenment will be for twelve (I2) rnoudis and will be
automatically renewed on an annual basis. for an additional twelve (12) month poriod, for a maximum of four (4) additional twelve (12) month periods, fbllowing the
initial term upon payment by Customer or the fee indicated in Section Ilii. of this Agreement (subject to adjustment as provided in this subsection), unless either party
canccls by giving the other party writica notice a least tbirty (30) days prior to the end of the then current term. This Agreement tray be tenuinaicd by the Company or
by Customer, at any time following the initial turn. upon written notice to the other patny at ]cast thirty (30) days prior to such ie nninalion. At the end of that Gvc (3)
year period, the service may be renewed annually with the mutual consent of both parties, told, thermic r, either party may terminate the service with written notice at
least thirty (30) days prior to the and of the then current term. The Company reserves the rigbt to increase the price of service. This Agreement nay be terminate=d by
Customer by providing written notice to the Company within thirty (30) days fallowing Customer's receipt of 1110 notice of increase.
Section XL ARBITRATION. ANY CONTROVERSY OR CI.,UANI ARISING OUT OF OR RELATING TO TRIS AGREEMENT OR ANY OTHER
AGRE£AW] NT BETWEEN THE PARTIES. INCLUDING BUI I' tiOT LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR
PERSONAL INJURY OR PROPERTY DAOXIAGE, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE
OTHI WISF., THE ARBITRATION SHALL HE AD -NI NISTE:RE:D UNDER THE CObIMERCIAI, RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") OR, IF APPLICABLE. IT SHALL BE: DE:TEILMINED Uti'UtiR THE AAA PROCEDURES FOR CONSUMER -RELATED
DISPUTES. THE PARTIES EXPRESSLY AGIME TIiAT THE ARBITRATOR SHALL FOLLOW TIIE SUBSTANTIVE LAW. INCLUDING THE
TERMS AND CONDITIONS OF THIS AGREEMENT, AND TIIAT ANY ARBITRATION PROCEEDiNG UNDER THIS AGREEMENT WILL NOT BE
CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAI. PROCEEDING UNDER ANY OTIIF.R AGREEMENT OR INVOLVING ANY OTHER
PREMISES, AND WILL NOT PROCKE:D AS A CI ASS ACTIO`. PRIVATE: M-170KNEV GENERAL ACTION OR SiMILAR REPRESENTATIVE
ACTION. EITHER PARTY HAS THE RIGHT'I'O Kf.-Q1'lRE A PAtiE:I.OF-ruiti: (3) ARBITRATORS. AND THE REQUESTING PARTY SHALL. BE
RESPONSIBLE FOR THE C0.%7 OF THE ADDITIONAL ARHITRATOP.S. HIT11E;R P,%WI'V VIAY REQUEST AT ANY TINIE PRIOR TO THE
HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPIHtUN. THE AWARD RE:NDF.RED BY THE ARBITRATORS) SIIALI. BE
FINAL AND BINDING ON ALL PARTIES, EXCEPT THAI' SI'I'I!ER PARTY MAi' WITHINN 30 DAYS Ole"THE ORIGINAL AWARD REQUEST AN
ARBITRAL APPEAL TO A THREE: MEhISER APPEAL. TRIBUNAL. THE APPKALINC, PAR'T'Y SIIALL BF, RKSPONS1BLE FOR ALL APPELLXrE
ARBiTRATOR(S) FEES AND COSTS. THE APPEAL TRIBt:NAL SHALL REVIEW ALL QUIESTIONS OF LAW AND FACT UNDER A CLEARLY
ERRONEOUS STANDARD. THE AWARD OF THE APPEAL. TRIBUNAL SHALL. BE FINAL A4N0 BINDING. JUDGMENT MAY BE ENTERED ON
THE AWARD IN ANY COURT HAVING JVRISDICTION THEREOF. CUSTOMER AND COMPANY ACILNOWLEDGE AND AGREE WHAT THIS
ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED
BY THE FEDERAL ARBI'T'RATION ACT.
Sectfea XII. CHEMICAL SENSITMTY OR SPECIAL HEALTH CONDITIONS. If Customer believes that Custonwr or other occupants of the treated structure
are or may (A) be sensitive to pesticidedlemsiticides or their odors or (B) have other health conditions that may be affected by pestieldeshertnhicides or their odors.
Company recommends that you not have an initial or a subsequent service perfomted at your premises until you have consulted with your family physician. At your
request. Company will pio%idc information about the chemicals to be used in treating the premises. By permitting the treatment. Customer assumes the: risk and waives
any and all claims against tho Company in connection a:th sucth sensitivity or condition. At your request, tic Company will provide information about tate chemicals to
be used in treating the premises.
Seeden Xlli. ASSIGNABILITY. This Agrcemmmcnt is transferable to a now owner of the property located at tate Service Address provided dmt the new owner of the
property enters into an installation and monitoring agreement with the Company. The Company rescrv4.,* the right to charge a transfer fee, adjust the annual renewal
rate, and change the terms of the Company's obligations under this Agrccmcnt upon any such transfer. Upon the closing of the sale of the property located tit the Service
Address. this Agiccmcat will terminate.
Section XIV. ENTIRE AGREE:wIFUN"T AtiD SEVERABILITY. ')'his Agreement and the attached graph constitute the entire agreement between the parties.
Customer expressly warrants and represents that, in entering this Agreement, Customer is not relying on any promise, agreement or statement, whether oral or writtm
that is moot expressly and fully set forth in this AgrcctncnL If any part of this Agreement is held to be invalid or unenforceable for any reason. the: ramaining terms and
conditions of this Agreement will remain in hili force and effect. The terra of the Agreement stated herein may not be ame:ndad or attemd units: a written change is
approved and signed by it Corporates Officer of Company. No odic, cibployccs or agents of Company have authority to amend or atter any part of this Agrttcnww.
Pro%ided. however, that as to tale paragraph on ARBI'MATION. if this sentence: precluding the arbitrator from conducting an arbitration proceeding as n class.
rrptrsentative or private attorney general action is found to be invalid or unenforceable then the entirety of the ARBITRATION paragraph shall be deemed to be
deleted from this Agreement.
Section XV. ADDITIONAL. COMMENTS.
Scatrimn. Recruit sad Bvitube arc tegisrenei tradcmuks of Dow ApASciewc-s LLC (52986 SYR) 3113
0 1lo=Tean Pae Tkfe c. ttm. 2013