HomeMy WebLinkAboutAgreement for Colony Elimination for New Construction,fr'Y
HATeam
PEST et;rcrsr
Account No.
SAINT LUCIE COUNTY USE ONLY
ire
l\\
THIS AGREEMENT PROVIDES FOR
RETREATMENT OF A STRUCIVRE
AND THE REPAIR OF DAl1IAGES
CAUSED BY WOOD DESTROYING
ORGANISMS WITHIN THE LIMITS
STATED IN THIS AGREEMENT.
AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section L GENERAL INFORMATION.
Name: R.P,K C7Hro M•eAdowoed!_LV+ .,
Service Address: ') 630 1(i/90 thaneol LA,
City: Fort Pierce
State: FL Zip Code: 314191
Location ofTreatment s"w. Panel
Lima I~ aft oua„re— 210
Billing Address:
City:f%F
State• GL Zip Code:, 3V981.
Home Phone:
Work Phone: -nl - 9:� S — /-4-11
TromaumType: o corrective 0 Proventiw
SeedonIL SERVICE COMMITMENT.
HomeTam Pats Defense, loo. (tho'Company') will, In compliance whit applicable fade4 time and loud laws, rulas and regulation
A. WW abo Sontriean tamito bait Scions (the .. ttom")' t o a U the paimcier of tho muebcrds) (net at ad" Oeph) locate! at the service Address
above (tho'Stmease(sr) for the imtelisslem fco ofS,� �ef
B. Meahar& Stations In aaomdoaea with the label dhicti s fora period of twelve 02) moeths immedhSdy following Installation of the Stations tot an annual
faofw '�
C. Total costCarthe fad year oflostalladwsand Mo honing&Zero
D. The Annual Renewal Fee after the first year S3oa.00
B. Dating dto manila ft burled, add and remove Recant® termite belt Ram the Stations a appropriate;
F.. Dmitmgthe mar
taftperiod. maintainall stations insevicabloa>aOdon;
Seedon IIL CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Canomet atdemmmds that:
A. The Sentricon System Involves installetloo and moaitadv& colony allminatico wkb Raansit termite bak and wbuquont monitoring for continuous protection
from newtortaw aalenia;
B. Inwvda of from a low weaks to morothan o yearshould be expected between:
L lnnaliatiorn oCdraSawiaon stadem and suflidmt tamito activity to Blow the addition of Iteauit senate bait;and
iL Addition of Remit tetmho bait.
C. Dmiag tha idaaal(s) batwm n kgaaation of the Staines and complete olindnation oreatsting termite aoloaiea, termite feeding within also Structarn, ponibly
involving additional struamal damagq may new. Additional services such ns spat appttendom of conventional tennideidas ato awdlablo to combat termho
activity can localized, ""-dean basis If desintd, bun me trot moeded forand will not contribute to termite colony altmiandom
D. The )active iagrodia u In the sa tiew System is as beat Srawds regulator (Remit) that prevents works termites from molting. (Moltiag is aided to colony
B. In tests thm is conducted on Reath, Dow AgreSdences LLC. the manamwer of Recruit, observed evidence of very low lowels of mammalian toxicity only at
vary high towels of oapotara.
F. Trea mctn Is pmvidod against the onack of subte rmmtmm tmnitas (Redaditemms spp.. Haterotermes spp. and Coptownes spp. (Far ass a). Tkb Agreement
don not pmvido for the treatment of any other pew, pled, amtntd or organism other dams such temdtes. The Camp" has not impacted or treated the
stmetum(s) for hawordaud molds or fmngi. By law. the Company is rat gWifiod, sudwired of licensed to intpoet for healtbrrdated molds or fimgi.
O. The Company makes no teptaemmiom regarding rho mug location or number of any oaisting termiio colonies.
Seefto IV DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
tlstomes do smderatads that:
A. Too Sawicon System and all of rho components of the se Mean system ('Components") have ban desiped by Dow AV4danen I.I.C. The Components
,we and will remain the papery of Dow AgmWmem U.C. Conomer has no rights with respect to any of site Components, other dram the d* to omit use as
installed byftCompany on the Cimomdspromises under WsAgtemem.
B On aspiration at lamination of this Agrawma. the Company and Dow ASroSdexas LLC of their respective representatives are omboriacd by Customer to
romievo from Coomels prombn the Stations and other Components for appropriate disposition. In addition, if the Company, for whatever reason, ceases to
reprataat or to be aathorirad to represent tho Seatricon System,
i. Thocompanywrt7l:
L So aodfyCustomw..
b. Offer Customer Customer the alternatives ofdthm tnfnga dllfaem form of termite protection of tenniating thb Areemem:
a CmdttdwCustomer for services paid for but rmiyeti—i ,d.ifeppmpdata
d. Refired to rho Customer an @wan equal to the fee ppaatid for seMen not yes received if Customer elects to discoatinuo the relmicaft or irthe
Company cannot offer an offeaivo alternative form oftannito protection; and
a. Retrieve, or allow Dow AgmSciances LLC or its top esguativa ressonable moans to elm pmmdsw for the retriovei of alto Campo== and
a. Customerwill:
a. Ganat rho Company and Dow ASn"ences t.LC or thair respective npreammtives reasonable Dean to rho praaisa for.tho fad" of the
Compoauemand
Is. Met wee With rho Company on she use ofan citerwava form ohemim control or temninmothis Agreement.
PAYMENT METHOD. O Cmb O Check O Credit Cod
Irpaying by credit cad at roaming debit item your bank aamm% Flow complete the Waited Authorization for Pm-Amaged Payment.
This AVetmect eootalas certain limitations, coodldom and admbm on the Company's ebllgalkns. Plena and the anlin A, at before dgsimg.
Inv consideration for tho Company paforaft toe services specified above and subject to the tams and conditions of this Agreement, Customer agrees to make the
payments Magee! above. Ctstamer aeknowledgn romipt of a aligned copy of this ASromaanL This AFeement is no binding on the Company MD signed by on
authattedmanagererra cutiveofRawoftheCompmry.
CUSLIP
, HOMETEAM PEST DEFENSE, INC.
StgtspSignalue:
p1la �cdN= VOID/ FOR PRESLAB APPROVAL ONLY
Pmeu; ,°l• 64M Effcuroaaate NONEFFECTIVE
PIGHTTDCANCEb You, mzC'LCST0mFA mAYCA,%=LTiIASTRAIKSACTIONATANYTIAfsPRIoRTO M/DNIGNTOFTNETHiRa BuvlMESS
OAYAF7ER7NEDATEOPINIS7R4NSAC1XX SEETHBATTACNED NOTICEOFUNCUUTi0NFORAMEXPL 1VAITONOFFfiBRIGHT.
' THE REMOVAL OF THE BAIT OR BARING SYSTEM hIAV RESULT IN A LACK OF TERMITE PROTECTION I
SmarimgBonds cadBdobew oadmarbofDDwASMSdeaogLLC. (729s6SYR►7/17
CHamdhtmPastDL%W 1ao.2aD
Secants V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be solely responsible far
mabotaining
ton Trained Psalm Dan from air condition eaadedvo to larcho infestation (•Coodidoro Conducive no below for mtphmation). The CounterCounteragrees
to s iy responsible for Idenlifying and correcting Conditions Conducive. The rospansibl1i y casts exclusively with the Customer, not with the Company. Failure of
the Compaq 10 chat Cttnama to any orthe above coal time does act aka Customers sapomibility under this Section. In addition, the axistaua of airr Coaditiom
Conducive Chat was oat timely cwwt d, including any Cendinous Conducive editing but not visible at the time of the maccudon of this AgmenumL wn71 permit 0.
Cat ils solo disCRIkA. to taminatO the Alpamcat or to raquiro Cuttomor to pardtms any additional treatment rcq* d as a muk of the Con"m s
CaadittaasCatt tmw Oof to ther Adlycific cooperates may with the Company cueing the term of this Aunt, end agrees to maiNdn the stage) baited fin from web
CONDMONSCONDUCIMCondida=C4nduct�� ow bidwenlonalCo to.foo leaaiImprop
err around Una . � era not limited to, roof Iraka, Improper vaat7aian, fealty plumbing, and ware Imlo or Intrusion Est
saaatum Mend structural problems badudmg, but nil limited to, wood to ground eomse4 mainly foilures, and settlements of rite Inamdedoa, foam
inwhtian, stucco construction. expanded polystyrene or stylef err; molded famdatloa systar% siding (mclading vinyl, woad and metal) if within 6 inches of oho
ciha other protective ground covalu% and lirawood, fresh. lumber, wood. mulch, shrubs, vines, end arks protective ground covaing if within 6 inches of
cootedwithm
Stance VL ADDITIONS. ALTERATIONS. AND OTHER CHANGES. This Agreement covers the Swctorc(s) Identified in Section I as of the data of the initial
imtdletion. Cunama.will immediately notify the Company in writing(l) prior to the Stnuturc(s) being structurally motfilled, ushered or otherwise changed, (2) prior to
may tamiticide being applied on or close to tho location orany gtadom (3) If soB Is removed or added mound the foundation or Iho Struuma(a) or (4) any tampering of
boiling equipment or wpphca ocaurs, Failure to nark y the Company in writing of any event listed above may void the Agreement. Additional services required by any
addltlon, alteration or Othac such event cuss be provided by the Company at Customda ogms , and may regatro man sdjustmmt in the rcnauml fan
Section VIL DAMAGE RELATED TO SERVICES The Company will =Crew duo coo while performing services hexaander to ammpt to avoid dormagiag any Put
Of Cmmma's Property, plants or armada. Under no Cicos will the Company be responsible for damage caused by the Compaq at Cho time the We* is
palotmed, caCtpt tkms damage rmultirhg Aim gross nagligoaoo of tom Company. Cusmaar 4 crpontsiWe. of Customds solo expense, for refimbishiag Cnrtmcfs
properly(imtudligItemendIsitdicapo)sAabound atioaoftkoStstena
SacttoO VHL REPAIR AND RETRPaTMENTL
TION. Cnaect to the general tams cad caaditions ofrhis Agraunea, ifan
iatfin the tae(i) duringWes Company will tetrent oho aea ofIdandian at ao ednGtiandlaloan ams of this A«pair, Ot En wit, maw tamaito demaga To to trmed strhratute(dTThee pen y'iebirust exoeaa(fi) the fair marine value of the nmcd struewm(s), asoovatholemofthoAiadudingwtarciaasaadrmowsts
i. Cnnstoma axpresdy vva image
nay doim for eecnantiR campensatoly, or eensogaentid dsimagas rdcling to the edneneo of SObtannesn termites or Subterranean
tamko deer M a for inamcuw oasts loss of aso, businass huamcption, dhutaurian orvahm orany •stigma• damage duct* the presence of Sutra ra can teanitea or
SuMmaacm temnko damage The Customer acknowledges that tan Company is performiag a s rvice and sxapt far tnmito damage repair; sec forth above and Guydamage to &a suuauro caused by the Company in the pefomnatncc of its services, Cusiomor waives any ddm for property ds o, and Can" Char Ueda no
eawmman shoe Company be hold liable for tray amount greater thou the amomm paid by the Customer m Company for the termite service to be performed.
L Dee to sabterraaeso Carmlte haht% termite activity may continue to be present to a structure for a paned of time following treatment. The Company Is not
responsible for repairs orsabtsrraaeam Covello damage that caws before the repatr parim of the warranty becomes effective.
3. The Cempaays obligation to repair lartmita damage will b000me effecdo upon tho owner of(l) elimination othere wlwy or calculus located an or abort to Service
Address or (d) the this amivassry of oho installation of tho Slssion Colony elimination shill be doawd to Dana when following two crasoanive months of tambes
foedmg am Roavit tamito bait in orm or more termite bait stations located at the Service Address, tho Company's isc alcian is unable to bean for a pahad of three
wmoaWvo service visits to the Service Address any live termite in any of the termite bait station; located at the Sorvkc Addrwe. trnew domego, as ovidmead by the
Presence of live lem ltM occurs whilo the Compaays oblISatloa to top* temdto damage Is in force, following written notnleallon ham Customer mid an Inspection by
the toss than,t Compaq. the
in Compaq area to reimburse Customer for the reascrablo cast cram repairs, but only to the extent that the total cs omwo can of such won is
one calanderyear.
4. Subject th
e an rcmaiaing provisions of this Section VIIIA. Customers will be enticed to select the esnuectperform the needed er who win repass to the treated
stmaraa(s} Prior to entering imo o cannot with a cwattuetor. Customer agrees to provide to company a copy ortho proposed contract or written bed. If oho Company
detamlma the bid to be exeessivo, Consumer agrees to gram access to tho treated stntaarc(s) to a contractor doltmted by the Company for the purpose of obli ail a
asaond bid for the wank. In ease where Chao we coukiplo bids for repair work, Cuuoma acknowledges that the Company shaves the right to saket the wnnaaor to
perform the topdm
S. The Company is not responsible for the repair of either visible damage (noted on the atached inspection graph) or hidden damage existing a of the data of this
Apftc=L no Compaq doa no Summon that the damage Ahct d an the attached Inspection of* represents an of the existing damage a of the data of this
Agrecmmt. The Company will out be responsible for (1) any dams=e caused by" mlta to the treated structure(s) or the contents thomf ar6tat prior to or
mawtag the lam or Ibis Agreement or (2) any toils or expenses Incurred by Customer as a malt of any such damage. Casloma wolves a0 claims for
damage to lbe property or people Chat may fault directly or Indirectly Gram services provided by The Company, with the sole exception of claims for damaes
doe to Ilse Pell aagitgena®ofthe Company andlar its employees.
Section iX. PAYMENT Tho Commpaq%obligeieu to perform coda this Agrumcm is Conditioned Open Customers payment in full of tho price sal fortb in Section II
above. Customers fe'lmo to pry so& pica in Enm will agues this Agraemuat fo autonomically and immediately temunate in its entirety cad the Company win be
discharged of ail liability. All amounts paid. if nay. will bocams the pmpany of the Company as liquidated damages haernda. The insrailaion fee is due and payable
as oho time of tho initial seven The ramwd fee is due end pw.Mo upon racipt of invoice. invoices that we oat Paid within thirty (30) days of tho invoke date will
atoua interest an the aapaid balance as a rem egad to the lesserof Ls%pa momb (hill pa ycar) orthe maximum ram allowed by low to the event that logs! action is
to oiled any amom due*0 ' the Compaq will be raided to recover from Customer oil emu of wnaetoN including reasonable aucta s' tom,
In additkaf tngammounts,duethe Company.
SMlon X. TEAM, Unless othaweiso Specifically provided heroin, the purdes; agree tat the Initial tamp of this Agreement win be for twelve (12) months and will be
su croatcally renewed on an mmnml basis, for an additiond twelve (12) marsh period, for a maximum of four (4) additional twelve (12) month periods, following the
initial tam open payment by Customer of tha toe indicated in Salon IIJL of this Agreement (subject to adjustment as provided in this subseeioeL unless chher parry
cmcais by Siving the other party written notice as lent OW (30) days prior to the aid of the team current Cairo. This Agicen cut may tmainsted by the Compary, or
by Customer. at cry time following tho Wild tam, upon written =ties to the otna parry at tams thirty (30) days prig to sub tenaimdon. Al the amd of that five (3)
Vat period, the service may be renewed aurally with lire mutual consent of bode pemim,ead, thercaRa, either Party may oaminsto the service with written noiko a
lean thirty (30) days prior to the cad of the thm c munt teen. The Co reserves the right to Increase the Cuke of sovca. This Agreement may be terminated by
Customerr by providing Witten notice to the Company within thirty (30) i following Castomer'a receipt oftho wdw of taersnsa.
Section XL ARBITRATION. ANY CONTROVERSY OR CLAIM ARMING OUT OF OR RELATING TO 71113 AGREEMENT OR ANY OTHER
AGREEMENT 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
OTHERWISFo THE ARBITRATION SHALL BE ADMINISTERED UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") OR, IF APPLICABLE, IT SHALL BE DETERMINED UNDER THE AAA PROCEDURES FOR CONSUMEIWtELATED
DISPUTEL 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
PREMIBPS. 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 REQUEMNG PARTY SHALL BE
RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBTTRATORL EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE
HEARING TRAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITBATOR(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
ARBITRATORS) PEES AND COSTS. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY
ERRONEOUS STANDARL 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 XiL CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS If Customa beliovet that Cmtareas or other occupants of tiro traded stmctmo
too or may (A) be sensitive to postiddeaha ndticidee Or Char odors or (S) have Other health waditons that may be affected by peatiddeshatmiticidw a their odors,
CoapamyrCoammends that you not taro an iaitis! or a subacqurent service parfomatd m soar pramt:es Uai1 i°a have oertsaltad with you temity physician M seer
rogttaa4 Comyany will provide Ialomatlaa abort the deatcab a bo wed hat tmmiag the
pramisut By pamktmg the trommmt, Customer assumes she rink and wives
nay and oil ndoims agoian tko Company in eorufeaiw with siub tanstturiry or erudition At seer roquosL ton Company vrilf provide Ioformatiao abort the ehnmEcals ro
be resod in orating oho prauisan'
��-dlLI7YThisAgrt b trassfaablowed as the Service Address provided tut the raw anew ofton
etistten aid monttoriag agrecmam«servostrue right ro eberga a ltansfa fee, dun the annual wmamwa!
f oho Campania obligations utmder. Upon the dosing oftho ads ofCue property teemed at due Service
, wterridaaoSeeflo0 XIV. AGRBEIIIENT ANDSEVERABiLTTY. This Agreement end the attached the
constitute tto entire agroammt between the patios.
Customs epraaly wa rams and ropraam ton, In cmcrlmg this Agrcwwni. Customer is not relying an any ptomisG agreanant or ;dement. wbahor oral ar wdnc%
tun ism sore * and Ally ad fart6 is this Agramem. irony pat of thb Apromere is held to be Invalid or u sedarwable for any rcesou, the ramairdng tarn end
oandidonsof this Agroe mca will ream in foil forma and affect The toms of the Agnamont mod bemin may not be amended cr ahaed unless o written change is
approved and signed by a COryomu OBka Of Compeny. NO other employea or agents of Company have mdbodW to emend or shut any pot of" Agro mat.
Provided. hmvovcr, aim to to oho paregropb an ARBITRATION. if the sc uman prcdudhag the arbitrator from conducting an arbitrudan preccsding se is clash,
rsprercatake or private amomay general action is [nand to be Invalid or uaenfarteablo the the entirely of the ARBITRATION paragraph shall be deemed to be
ddsiad hem this Ag eOML
Seetloo XV.ADDITIONAL COMMENTS.
OHamdTtaaPWDcicmc6loLI*1 tradcarkSotDovrAyoScrocrsILC (Shia3M3113