HomeMy WebLinkAboutAgreement for the Installation & Monitoring of the Sentricon Colony EliminationQTHiS
AGREEMENT PROVIDES FOR
HomeTeam
PEST ¢ E F E N S E•
RETREATMENT OF A STRUCTURE
AND THE REPAIR OF DAMAGES
CAUSED BY WOOD DESTROYING
SAINT LUCIE COUNTY USE ONLY ORGANISMS WITHIN THE LLNIiTS
STATED IN THIS AGREEMENT.
Account No.
AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICON® COLONY ELIMINATION SYSTEM .FOR NEW CONSTRUCTION
Section I. GENERAL.INFORMATION.
Name8me- 6i 0 M Wawclod U.L
Service Address:2V12T) CC h l 1: 1( X,
City: Fort Pierce
State: FL Zip Code:N(rs
Location of Treatment Sticker. Panel
Linear Footage of Structure(s): Z 10
Bitting Address_,
go Ntp Mi!g( Ii-t i 2
City: ►b'(+ Si • LU A
State: PA Zip Code: 3q�i�ta
Home Phone: —
Work Phone: llZ'
Treatment Type: ❑ Corrective 0 Preventive
Section ii. SERVICE COMMITMENT.
HomeTcam Pcst Defense, Inc. (the "Company") will. in compliance with applicable federal, state and load laws. rules and regulations:
A. Install the Sentricon termite bait stations (the "Stations") in the soil amund'the perimeter of the saucmre(s) (see attached graph) located at the Service Address
above (the "Stmeture(s)") for the installation fee ofS paid by bUildeC
B. Monitor the Stations in accordance with the label directions for a period of twelve (12) months immediately following installution of the Stations for an annual
rae of Zero
C. Total cost rot the first year of Installation and Monitoring S to ,
D. The Annual Renewal Fee after lhc.first year s 300.00 .
E. During the monitoring period. add and remove Recruit® termite bait from the Stations as appropriate:
F. During the monitoring period maintain all Stations in serviceable condition;
Section Ili. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Customer understands that:
;A. The Sentricon System involves installation and monitoring, colony elimination with Recruit termite bait, and subsequent monitoring ror continuous protection
From ncwtermila colonies;
in. Intervals of from a few weeks to more than a year should be expected between:.
1, Installation ofthe Sentricon stations and suaieient termite activity to allow the addition of Recruit termite bait; and
ii. Addition ofRccmittermite bait.
,C. During the imerval(s) between installation of the Stations and complete elimination of existing termite colonies, termite feeding within the Stmctums, possibly
involving additional structural damage, may occur. Additional services such as spot applications of conventional tcrmiticidcs are available to combat termite
activity on a localised, short-term basis if desired, but are not needed far and will not contribute to termite colony elimination.
0. The active ingredient in the Sentricon System is an insect growth regulator (Recruit) that prevents worker termitesfrom molting. (Malting is critical to colony
turvival.)
E. in tests that it conducted on Recruit, Dow AgroSciences LLC, the manufacturer of Recruit, observed evidence of very low levels of mammalian toxicity Only at
very high levels ofexposurc.
F. Treatment is provided against the attack of subterranean termites (Raticuliternics spp., Hetcroicrncs spp. and Coplotcrncs spp. (Formosan), This Agreement
does not provide for the treatment of any other pests, plant, animal or organism other than such termites. The Company has not inspected or treated the
struclure(s) for health -related molds or fungi. By law, die Company is not qualified, authorized or licensed to inspect for hcalih.reiated molds or fungi,
G. The Company makes no representations regarding the exact location or number of any existing termite colonies.
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENT&
Customer also understands that:
A. The Sentricon System and all of the components of the Scatricon.System ("Components") have been designed by Dow AgroSciences I.I.C. The Components
are and will remainthe property of.Dow AgmWerim I.I.C. Customer has no rights with respect to any of dic Components, other than the right to their use as
installed by the Company on the Customers premises under this Agreement.
D. On. expiration or termination of thin Agreement, the Company and Dow AgroScienees LLC or their respective representatives are authorized by Customer to
retrieve from Customct's premises the Stations and other Components for appropdarrdisposition; In addition, if the Company, for -whatever reason, ceases to
represent or to be authorized to represent the Sentricon System,
I. The Company will:
a. So notify Customer;
b. Offer Customer the alternatives ofeither using a different farm of temite protection or terminating this Agreement;
C. Credit the Customer for services paid for but not yet received, ifappropriate;
d. Refund to die Customer an amount equal to the fee paid for services not yet received if Customer elects to discnminue the relationship, or if the
Company cannot offer an etrective alternative form of termite protection; and
C. Retrieve, or allow Dow AgroScienccs LLC or its representatives reasonable access to the premises for the retrieval of drat Components; and
ii. Customer will:
a.. Grant the Company and Dow AgroScicnecs LLC or their respective rnprescntalim reasonable access, to the premises for the retrieval or the
Components; and
b: Either agree with the Company on the use of an alternative form oftermite control or terminate this Agrecolent.
PAYMENT IMTHOD. O Cash O Chcck 1] Crcdit Card
If paying by credit cord or recurring debit from you bank account, please complete the attached Authorization for Pre-Arongcd Payments.
This Agreement contains certain 11mimtlons, conditions and exclusions on the Company's obligations, Please read the entire Agreement before signing.
In consideration for the Company performing the services specified above and subject to the term and conditions of this Agreement, Customer agrees to make the
payments indicated about. Customer acknowledges receipt of a signed copy of this Agreement.This Agreement is not binding on the Company until signed by an
authorised manager or executive officer of the Company.
CUSTOMER: +
Signuture: //�v��1 /�
Printed NanteiCj F � C//t��ll Tan S L� v
ErtuticBermi i{�aiU1 ahNYl'is• (ojm
HOMETEAMM PEST DEFENSE, INC.
Signature: _i.
Printed Name: VOID/ FOR PRESLAB APPROVAL ONLY
Effective Date: NONEFFECTIVE
RIGHT TO CANCEL: YOU, THE CUSTOAIER, dl.lY CANCEL TIIIS TR.I NSACTIONAT ANV TLtfC FRIOR TO,I/IDNIGIIT OFTIIE TI/lRD BUSINESS
DAYAFTER THE DATE OF THiS TRANSACTION, SEE THE rITT ACHED NOTICE OF CANCELLATION FOR ANEXPL4N 1 TION OF THISRIGHT,
THE REMOVAL OFTHE HALT OR -BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTECTION
Sentricon, Recruit and Baitube arc registered trademarks of Dow AlpuScirm" LLC.
0 IiemeTwm Pen Defense. Inc. 2013 (51.986 SYR) 3r13
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Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be solely mspomiblr*411
maintaining the Treated Premises free from any condition conducive to termite Infeararion ('Conditions Condudve,' we below for explanation). The Customer agmrh 10
to be solely responsible for Idcotifft and curtaining Conditions Conducive. The responsibility rots exclusively with the Customer, not with the Company. Failure 6A �0-
the Company to aloe Customs to any of the above conditions does not alter Cutsmmeet responsibility under this Section. In addition, the existence of any Conditions 7 3
Conducive that was not timely conected. Including any Conditions Conducive existing but not visible a the time of the execution of this Agreement, will penult the � N'
Company, of is sale disaaioe, to terminate the Agroemeal or to require Customer to purchase any additional treatment required as a MWIL of The Conditions F
Conducive. Customer agrees to fully cooperate with the Company daring the term of this Agrcemea6 and ageas to maimain ft area(s) batted free from such
Conditions Conducive. Other specific items may be noted below in "Additional Comments" (Section XV).
CONDITIONS CONDUCIVE: Conditions Couducive include. but am not limited to, roof leaks, improper ventilation. faulty plumbing, and water lads or intrusion in
or around the structure. inherent structural problem, including, but not limited to, wood to ground contact, masonry fillures, and sculermcnt of the foundation. foam
imulatiaq sinew construction, expanded polystyrene or "foam molded foundation systems. siding (Including vinyl, wood and meal) if within 6 inches of the
ground; mulch or other protective ground covering: and frtwood, trash lumber, wood mulch, shrubs, vines. and other protective ground covering if within 6!=he$ of
contact with structure.
Section VI. ADDITICIA ALTERATIONS, AND OTHER CHANGES. This Agreement covers the Sweruc(s) identified in Section 1 as of the date of the initial
installation. Customer will immediately ratify the Company is writing (1) prior m the Sauctur (s) being suvenually modified. altered or otherwise changed. (2) prior to
any tetmdticida being applied on or dose to the location ofany SmUm% (3) ifsoil is removed or added around the foundation of the Stmcmrc(s) or (4) any tampering of
balling equipment or supplies occurs. Failam to notify the Company in writing of my event listed above my void the AgrcemsyhL Additional services required by any
addition, alteration or other such event may be provided by the Company at Cusmmees expense, and may require an adjustment in the renewal fee.
Section VIL DAMAGE RELATED TO SERVICES. The Con say will exercise due am while performing services hereunder to attempt to avoid damaging any part
of Custmices property, plants or animals. Under no circumstances will the Company be responsible for damage caused by the Company at the time Use weak is
perforated, except those damages resulting from gross acgligeace of the Company. Customer is responsible, at Cumomera soft expense, for reflnbishing Custamee'a
property (including lawn and landscape) after installation ofthe Station
Section VIII. REPAIR AND RETREATMENT OBLIGATION. Customer loidals . Subject to the general terms and conditions of this Agrecmem Von
infestation of subtenown termites occurs in the treated structure(s) doing the term oftbis Agmement, the Company will retreat the area of infestation at no additional
charge. In addition. object in she general terms and conditions of this Agreement, the Company will repair, at its cns4 new termite damage to the treated structure(s).
The Company's total liability will not exceed in any one calendar year the lesser of(" S20D,000 at (li) the fair market value of the treated structure(s), eor exceed
$1,000.000 in the aggregate over the term oftho Agreemm4 including extensions and renewals.
1. Customer expressly waives any claim fin economic. comps matory. or consequential damages retailing to the existence of Sublermet a termites or Subtamincan
termite damage, or for increased cons, loss cruse, business interruption, diminution of value, or any'stiW damage due to the presence of Subteraman termites or
Subterranean termite damage. no Customer acknowledges that the Company is performing a service and except for termito damage main an forth above and any
damage to the structure earned by the Company in the perfommnce of its services, Customer waives any claim for property damage, and agrees that trader no
dtoumstaeees shell Company be held liable for any amount greater than the amount paid by the Customer to Company for the termite service to be perforated.
L Due to subterranean termite habit, tenmlter activity may continue to be present in a structure for a period of time following treatmeaL The Company Is not
Mmible for repairs of subterrsaeao termite damage that occurs before the repair portion of the warranty becomes effetalve,
e Cam nyB obligation to repair tcrnho damage will become effective upon the caller of(l) elimination of the colony or colonies located on or abom the Service
Addressor ti) the first anniversary ofthe installation ofthe Stations. Colony eUmlmtion shall be deemed to occur when, following two consecutive months of utmhee
fading an Recruit termite bait in out or more termite beit stations lowtcd at the Service Address, the Compmy's technician is unable to locate, for a period of three
cousecotive service visits to the Service Address. say live writhes at any ofthe temdta bait sta,om located at the Service Address. If new damage, u evidenced 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 Customer for do reasonable cos of the repair, but only to the extent that the total ressanable can of such repairs is
his than $200,000 in any one calendar year.
4. Subject to the remaining provisions of this Section VIII.4. Customs will be entitled to select the coavactor who will perform the needed repairs to the mated
stmctwe(s). Prior to entering into a cam met with a comatictor. Cusmmersgmes to provide the Company a copy of the proposed contract at written bid If the Company
determines the bid to be excessive. Customer agrees to grant access to the treated structure(s) to s contractor designated by the Company for the purpose of obtaining a
second bid for die work. in ass where them are multiple bids fur repair work. Customer acknowledges that the Com)sny reserves the right to select the coatraetor to
perform site repairs.
S. The Company is act responsible for she repair of either visible damage (naiad an the attached Inspection graph) or hidden damage existing as of the data of this
Agreement. The Company does cal guarantee that the damage disclosed as the attached inspection graph represents all of the existing damage as of the date of this
Agreement. The Company wW not be responsible for any damage caused by termites to the treated structure(a) or the t0ttfemta thereof athing prior to or
following the term of this Agreement or (2) any cons or expenses Incurred by Customer as a result of any such damage. Customer wolves all claims for
damage to the property or people that may result directly or Iadlreetfy from serAtes provided by the Company, with the sole exceptlon of claims for damages
due to the gross negligence ofthe Company mathr Is employees.
Section IX, PAYMENT. The Company's obligation to perform under this Agreement is conditioned upon Customer's payment in full ofthe price ad forth in Section U
above. Customers ftihae to pay such price in full will came this Agreement to automatically and immediately tagdmle in is enwery and the Company will be
discharged of aR liability. AU &moms paid if any, will become the property of the Company as liquidated damages hereuder. The installation fee Is due and payable
at the time of the Initial scxvia. The renewal fee is due =it paysblo upon receipt or invoice. Invoices then am not paid within thirty (30) days of the brvdce date will
accrue interest on the unpaid balance as a rate equal to the tester of 1.5%per montb (IV. per year) or the maximum rue allowed by law. to the event that legal action is
necessary to collect any amen due the Company. the Company will be entitled to recover from Customer all ems of collection, including reasonable attain ye.' fee..
in addition to all outstanding amounts duo the Company.
Section X. TERM. Unless otherwise specifically provided herein. the parties agree that Ute initial term of this Agreement will be rer 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) moult periods, following the
inhitl term upon payment by llutemcr of the. fins iedicmed !a Section Ii B of tuffs Agreement (subject ro adjmtmant as provided in this subsection), unless either parry
eamcela by giving tbo other party writYrn noticu at least shiny (JO) days prior m the tad of the Bart eumreat term. This Agrcomeni may bo wmdnated by rho Company or
by Customs, m any Limo fbllowiag lho loitlal tan ups wrinrn udce to sue other party at kart th'mntyy (30) days prior to such rem , tion. At the end of that five ($)
year period the service maybe renewed anamlly with the. mumel consort of troth pantie rod thtsgfta, either parry may terminate the service with.wrinm notice al
I
ean thirty (30) days prim to the. and of the. thorn cutment term ltw Company racrva the right m incrmasc the price of service. This Agreement may be terminated by
Customer by providing written utia to theCotmpmy whbin thhty (30) days following CLnomaefa receipt of the moUcoof iocraw.
Section XI. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THiS AGREEMENT OR ANY OTHER
AGffMMENT BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR
PERSONAL INJURY OR PROPERTY DAMAGE. SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE
OTHERWISE, THE ARBITRATION SHALL BE ADMONDITERED UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") OR, IF APPLICABLE, IT SHALL BE DETERMINED UNDER THE AAA PROCEDURES FOR CONSUMER -RELATED
DISPUTES. THE PARTIES EXPRESSLY AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE
TERMS AND CONDITIONS OF THiS AGREEMENT. AND THAT ANY ARBITRATION PROCEEDING 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,A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE
ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRATORS, AND THE. REQUESTING PARTY SHALL: BE
RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE
HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBrrRATOR(S) SHALL BE
FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT EITHER PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN
ARBITRAL APPEAL TO A THREE MEMBER APPEAL TRIBUNAL. THE APPEALING PARTY SHALL 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 BINDING. JUDGMENT 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 XI. CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDIITONS. if Ctnumer believes that (ltsti mar or other occupants ofthe mod structure
am or may (A) be sensitive to pmkidedtenNtktdes at their odors or (B) have other health conditions that may be affected by pests idesftermitiddes or their odors.
Company recommends that you not have an initial err a subsequent service perforated at yowpmmises will you have consulted with your family, physician. At your
reques4 Company will provide infwrstion about the chemicals to he used in treating Use pttwrtes By permitting the treatment. Customer assumes the fish and wolves
any and all claims against the Company in connection with such sensitivity or condition. At your request. the Company will provide information about the chemicals to
be used in treating the premises. ,i
Secdom XIIL ASSIGNABILITY. Thu Agemment is =referable ro o new owner of the prapmy located at the Service Address provided that the new owner of the
property mats into an installation and monitoring agrecrurnt with the Company. The Company reserves the right to charge a ummsfer fee, adjust the annual renewal
rate, and clump the temp ofthe Canpmys obligations under this Agreement upon any such nmsrer. Upon the closing of tho sale ofthe property located at the Service
Address, this Agreameat will terminate.
Section XIV. ENTIRE AGREEMENT AND SEVERABILTLY. This Agrcement and the attached graph canrtimta the entire agreement between the parties.
Cog— expressly warrants and represents that in causing this Agreement. Clstoma Is not rdying w any in . c. agreement or smcemmott. whether oral or wrinea
rhea is no expressly and fully set forth in this Agreement. If my pan of this Agreement Is held to be invalid or wrnfmceable for any town. the remaining two and
conditions of this Agm anent will main in full force and eQes. The tarns of the Agreement stated herein may not be amended or altered unless a written chmga is
approved and signed by a Corporate Om= of Company. No other employees or aptus of Company have authority to amend or altar any pan of this Agreement.
Provided, however, that is to the paregmph on ARBITRATION. If the sentence precluding the arbitrator Rem conducting an arbitration proceeding as a class.
rdelayedepresentative
Ilona thor is prigramatttorney patent action is found to be invalid orunenforceable that the otrny of the ARBITRATION paragraph shall be teemed to be
t.
Section XV. ADDITIONAL COMMENTS.
ScaWcm , Rsemit and Behebe are regbtaed tradaude; of Dow AroSdo w LLC. ($29e6 SYR) 3r13
0 RoaeTam Par Defenw. Inc.2013