HomeMy WebLinkAboutMW-57 termite agreementTHIS AGREEMENT PROVIDES FOR
RETREATYIENT OF A STRUCTURE
PEST DEFENSE, ' AND THE REPAIR OF DAMAGES
CAUSED BY WOOD DESTROYING
ORGANISMS WITHIN THE LIMITS
STATED IN'I'HIS AGREEMENT.
Account Nrl,:--- ao
AGREi MENT"FOR ` HE INSTALLATION AND MONITORING
OF THE SI+ NTRICON& COLONY ELIMINATION SYS'ITFNI rOR NEW CONSTRUCTION
Section 11. GENERAL INF(?I2MATIOM
Name:L EI Billing Address:NhILI
Service Address �Ag City: � -
cifc t L'. State,® Z117 Code:24
Stag.: Lip C'ud Home Pholic:_
Locatiori ti€ Ise.utsrtetx iii,.i.ct., �@iD�{.l ... Work
L§aetrr i ocrt.lgc tlf S£nivturets)T2 1'0 _,,,,::,: t're,tt:nerl S yTtc: '.:I, C'oimcuvi^: i ! 1'teuaritnnd:
Section III, CUSTOMER UNDIE 16TANDING OF PERFORNtIANCE 01 SENTRICON SYSTE'tI.
Customer undo storrds that:
A, 'f114CntrtaQrrJ�'5iCfl17nl"bICCS InSI'Allati OPl '.list t114YtS1tUPii;!, CitiO;ly Clti31tt3"dtlYhn 1\ti1S li'.iiltl[ tl'11Ik7tC hdll. :L•IdlltrC�; L12tC1YE 111itt(!!01"In4'tVi' 4'QlttlnnJt.S Protection
8, hil ris of from a reex weeks to inore3h rn I year should be capeetx,d h6ween
r: 1nhl:tliat1il15 Of�£he.:iC31tt'Ie"otl �tato3725 and 141fiiClCiEF tafnllri' lCnVItV 10 Edlar+ dtr adtliticln of Ri'.C1'tt7t tL:lnlitC :halt; alid
Additican of Rcc.t •it terttiite. b tit..
C'. Duringdu" interval(s) between lir.,tillntioa of the Stations and e[ mplow Alnnlation ei' eximing termitecoloniccv t Arnie, feeding within "..tire Strtichnas, possibly
involving additional mructurid danaggc, ineyUCCnr, Additional .,vrVk!Qs Such es spot .'ipplicAttas or convQwitatal teritnticideS the available to co(nbat tamoo:
act,vlty (lit a lot. piled, short-term basis if dCSirc;d, hot :re not needed lot and will not colllribate Su fermi:.: Colony e'linibuaritur,
(), The aetite tngn;thent in the Sentricor Syiront is all in"act gaoitith regulator (Recruit): brat prevents worker t-ermovs front molting. (Molting is ethical 10 C01011,f"
sairniv l')
E. In tests that it Conducted Car Recant, Dow ApioStiiences I.I,C: the trunula ime: of Rccrttii, o,hcii'cd ee ulWlwv ill v'iv loty evalx of maittm:tliau toxicity only t£
ecly high ewers of e.xl osnre
!i. T"retamc t is prov idcd aganisr the attack of subteiranean lcrliiles (liaticubl ones spp, 1Jetvrutetiite:5 ypp, arul t optofelliaN spit. (ordnos t t) This Ayrneinetit
does not provide for the irratnlcn( of any otherplats, plant,, luninal or oq,,animn other Thallech je n t , '1 la, Conlionly lots not :inspected or treated the
lanctutu(s) for ticaltlt telatcd molds or htngi, Bylaw. tilt Company, is not quali i�;l..tcrdan fired o: licensed to Insp tt kilt heal:h•ralawd molds or fungi.
fiThe t:ompany`tnakes on representations regarding the exact to ,umn or mrndicr orally cxistillu, ler"Inc colt rnm
Section IV. DOW AGROSCIENCES LLC OWNERSIIIPOF SEitiTRIC ON SYSTEM COtAIPONENTS
Ct£stonreralea undo stands than.
A. 'Ilia Sentricon system and all of the comp,amnts of the Scnuiton System ("Components'") have been d vigried by Dowr1 raScianres LLC. The Components
ilia and will remain the property orDow Agro9victices I.LC. Customer no lights with respect to an' of the C:otnponerni, other than the rigbi to their use as
installed by the Company oil the Costomcr's premises tinder this Agreement
11. 0a expiration or termination of this Agjeeraent, tine Company and Flow At ro$ciences I.i.0 or "their respective r ^presentatit es arc authorized by Customer to
retrieve from customer's Premises the: Stations and other Components for 'tippropri nt dispositim In addition, if the Company, for whatever reason, ceasett to.
teprascnt or to be authorized to represent the Scntricon System,
a, ill notify e ustomer,
b. Offer Customer the alternatives ofehher using it diffarem form ofiermhe proiett:on or:temaradng This Agreement;
C. Credit the customer for services paid for but riot yet tuv d, if Ipproitnale;
d, Reload to the Customer ilia amount chiral to the fcc pent for services not yet lceei%cd d' C'usiosne.T elects to ihsconnnue the relationship, or if the
Company cannot offer an til%ctive alternative form of termite prokcctiniL alit
a, fkatrvv ac,.or allow Dow AgioSciences LLC" or its r pru anaanves reasonable access to die Incmisas for the retrieval of file Components; ctuil.
i Customer will:
Giant flu, Company and Dom AgtuSciencee LlV or their lesi,cctnc: representatives rca<on ibli aecess to tiro premisesfor ilia rc(riewal of the
C'onlp ri nt tine!
h. Either agree with tine Company on tlw rise ofan allmaltrrc J`oyj t of ren: itv oonuol or t .rmin,, e this Agreement.
IIAYNII:A'T NIFI'110f) iD Ctts,h J C heck l...i Crcd'ii: (.`aid
If paging by etedit satire or rcon; rin l dolts floor you, beak to: el.ao, p(i:ase onnilllcre the „lladmi .Suthoimation irir Pie;Aii mgPayineniv,......
FhisAgreement contains, tertatin tiulitatimrs, conriitimis a?id ezclusio rs on (ke Company's ohhgutions- Picase read the entire Agrevinent 3le4oresigning..
In considelatian for the Co mp lly peri"ortutsg die aelvacen "'Jimfied elo v a and st 1pcet lu ;lei lVim., ami C l.dn to ti, of irir, Agreement, Custoot r Wirves;'to maL^e tiro
i s rllerna'indicated ubovc, Cu,iomcr :rcknowlvdgcs irecija or a _vrsiei copy of this ,Agiveumn th a Agrc nmcnt is not hindnlg';or the C (ailpany until signed by air
HOMETFAM PEST DEFENSE, INC.
`�rg,laniro_�
Praised Name: Ken Colabella
Effective I)ata, upon documented installation
RIGHT TO CANCEL, YOU, THE )ST#7hllt"R, e)pt ft C,.4.A{:I:L TZIIS Ft?AA''S (.77O;V.,17',L'<"1 77AIE P810)? 7'0 MIDNIGHT oil°`'WE 'I'flli{D R1!S7NT,SS.
VA111017 RTHrD111TL•OP,TillsTR/IK1 7C'TION-VFT1113aJfTiCHEDNOTIC7a"!)I'C:9.YE'l1.1.,t7t(l:V(JR;isYIYPLII;1r1770N01'TIIISRIGHT.
'17iE; R€biFi(1S',1L pi�'fJlt;' iJAfTa7R I3A1T1Nt, SYSPJs"it i11,1)' J2FSSCl;r I:VrA LACK(71r`i iCi'10V:
4 r c i',Rcc: it a I itilono c re. isrercd ir,idemarls tr; 1)ov':A-r.5cienacs l:r.0
i, pt as Te ea l si LDafcbsc, ine.2afai (529st, 5YR) 3;13
Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be solely responsible for
maintaining the Treated Premises free from any condition conducive to termite infestation ("Conditions Conducive." see below for explanation). The Customer agrees
to be solely responsible for identifying and correcting Conditions Conducive. *rho responsibility rests exclusively with the Customer, not with the Company. Failure of
the Company to alert Customer to any of the above conditions doe not alter Customer's responsibility under this Section. In addition, the existence of any Conditions
Conducive that was not timely corrected, 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 requiter Customer to purchase any additional treatment required as a result of the Conditions
Conducive. Customer agrees to fully cooperate with the Company during the tern of this Agreement, and agrees to maintain the area(s) baited free from such
Conditions Conducive. Other specific items may be noted below in "Additional Comments" (Section XV).
CONDITIONS CONDUCIVE: Conditions Conducive include, but are not limited to, roof leaks, improper ventilation, faulty plumbing, and water leaks or intrusion in
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 molded foundation systems, siding (including vinyl. wood and metal) if within 6 inches of the
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) identifcd in Section I as of the date of the initial
installation. Customer will immediately notify the Company in writing (1) prior to the Structurc(s) being structurally modified, altered or otherwise changed, (2) prior to
any termiticide being applied on or close to tine location of any Station, (3) if soil is removed or added around the foundation of the Structure(s) or (4) any tampering of
baiting equipment 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 Company at Custottu:es expcnse. and may require an adjustment in the renewal fee.
Section VII. DAMAGE RELATED TO SERVICES. The C'ompanv will exercise duc care while: performing services hcrcundcr to attempt to avoid damaging any part
of Customer's property, plants or animals. Under no circumstances will rite Company be responsible fur damage caused by the Company at the time the work is
performed, except those damages resulting from gross negligence of the Company. Customer is responsible, at Customer's sole expense, for refurbishing Customees
property (including lawn and landscape) after installation of the Stations.
Section Vill. REPAIR AND RETREATMENT OBLIGATION, Customer Initials . Subject to the general terms and conditions of this Agreement, If an
infestation of subterranean termites occurs in the treated structures) during the term of this Agreement, the Company will retreat the area of infestation at no 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 structure(s)-
The Company's total liability will not exceed in any one calendar year the lesser of (i) $200,000 or (ii) the fair market value of the treated structure(s), nor exceed
S 1.000,000 in the aggregate over the term of the Agreement, including extensions and renewals.
1. Customer expressly 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 "stigrtta" damage due to the presence of Subterranean termites or
Subterranean termite damage. The Customer acknowledges that the Company is performing a service and except for termite damage repairs set forth above and any
damage to the structure caused by die Company in the performance of its services. Customer waives any claim for property damage. and agrees that under no
circumstances shall Company be held liable for any amount 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 may continue to be present In a structure for a period of time following treatment. The Company Is not
responsible for repairs of subterranean termite damage that occurs before the repair portion of the warranty becomes effective.
3. The Company's obligation to repair termite damage will become effective upon the earlier of (i) elimination of the colony or colonies located oil or about the Service
Address or (11) the first anniversary of the installation of the Stations. Colony elimination shall be deemed to occur when, 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 there
consecutive service visits to the Service Address, any live termites in any of the termite bait stations located at the Service Address. If new damage, as 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 the reasonable cost of the repairs, but only to thu extent that The: total reasonable cost of such repairs is
less than $200.000 in any one calendar year.
4. Subject to the remaining provisions of this Section Vlll.it. Customer will be entitled to select the contractor who will perform the needed repairs to the treated
structurc(s). Prior to entering into a contract with a contractor. 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 aces to llte treated structurc(s) to a contractor designated by the Company for the purpose of obtaining a
second bid for the work. In case where there are multiple bids fir repair work. Customer acknowledges that the Company reserves the right to select the contractor to
perfornt the repairs.
S. The Company is not responsible far the repair of either visible dsttt:tgc (noted on the attached inspection graph) or hidden damage existing as of the date of this
Agreement. The Company does not guarantee that the damage disclosed on the attached inspection graph represents all of the existing damage as of the date of this
Agreement. The Company will not lie responsible for (1) any damage cuusvd by termites to the treated structure(s) or the contents thereof arising prior to or
following the term of this Agreement or (2) any costs or expenses incurred &y Customer as a result of any such damage. Customer waives all claims for
damage to the property or people that may result directly or indirectly from services provided by the Company, with the sole exception of claims for damages
due to the gross negligence of the Company and/or 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 Section 11
above. Customer's failure to pay such price in full will cause this Agreement to automatically and immediately terminate in its entirety and lho Company will be
discharged of all liability. All amounts paid, if any. will become the property of the Company as liquidated damages hereunder. The 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 are not paid within thirty (30) days of the invoice date will
accrue interest on the unpaid balance at a rate equal to the lesser of 1.5% per month (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 entitled to recover from Customer all costs of collection, including reasonable attorneys' fees.
in addition to all outstanding amounts due the Company.
Secllon X. TERM. Unless otherwise specifically provided herein, the parties agree that the initial term of this Agreement 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 payment by Customer of the fee indicated in Section Imi. of this Agreement (subject to adjustment as provided in this subsection). unless either party
cancels by giving tie other party Writicn notice at least thirty (30) days prior to the end oftlte then current term. This Agreement may be terminated by the Company or
by Customer, at any time fallowing the initial term, upon written notice to the other pang at least thirty (30) days prior to such termination. At the end of that five (S)
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 term. The Company reserves the right to increase the price of service. This Agreement may be terminated by
Customer by providing written notice to the Company within thirty (30) days following Customer's receipt of the notice of increase.
Section XI. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER
AGREEMENT BETWEEN THE PARTIES. INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY CLAIIIZS, AND ANY CLAIMS FOR
PERSONAL INJURY OR PROPERTY DAMAGE, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE
OTHERWISE, THE: ARBITRATION SHALL BE ADMINISTERED UNDER THE COiIMERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") OR, IF APPLICABLE, 1T SIIALL. BE DETERMINED UNDER THE AAA PROCEDURES FOR CONSUMER -RELATED
DISPUTES. THE PARTIES EXPRESSLY AGREE THAT THE ARBITRATOR SIIALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE
TERMS AND CONDITIONS OF THIS AGREEMENT, AND TIIAT ANY ARBITRATION PROCEEDUNG UNDER THIS AGREEMENT WILL NOT BE
CONSOLIDATED
OR JOINED WITH ANY ACTION OR LEGAL. PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER
'MISES, AND WILL .. , ATTORNEY PRE.► L NOT PROCEED AS A CLASS AC'110\. i Rlt ATE. A'i"1'()1tN1'.t t;E.Ni'.itAl, ACTION' OR SIMILAR REPRESENTATIVE
ACTION. EITHER PARTY HAS TILE: RIGHT 1-0 REQUIRE A PANEL OF TliREK (3) ARBITRATORS. AND Tilt'. REQUESTING PARTY SHALL BE
RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TitNiE PRIOR TO THE
HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATORS) SIIALL. BE
FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT EITHER PARTY MAY WITHIN 30 I)AYS OF THE: ORIGINAL AWARD REQUEST AN
ARBiTRAL APPEAL. TO A THREE: MEMBER APPEAL TRIBUNAL. THE APPE:ALlNG PARTY SIIALL. BE: RESPONSIBLE FOR ALL APPELLATE
ARBITRATOR(S) FEES AND COSTS. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTION'S OF LAW AND FACT UNDER A CLEARLY
ERRONEOUS STANDARD, THE AWARD OF THE APPEAL TRIBUNAL SIIALL. BE FINAL AND BINDItiG. JUDGMEiT 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 Customer or other occupants of the treated structure
are or may (A) be sensitive to pesticides/termiticides or their odors or (B) 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 your family physician. At your
request. Company will provide information about the chemicals to be used in treating the premises. By permitting the treatment. Customer assumes the risk and waives
any and all claittu 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.
Section XI 11. ASSIGNABILITY. This Agreement is transferable to a new owner of the property located at the Service; Address provided that the now owner of the
property enters into an installation and monitoring agreement with the Company. The Company rescrlec the right to charge a transfer fee, adjust the annual renewal
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 AGREEMENT AND SEVERABILITY. This 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 written,
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 reason, the remaining terms and
conditions of this Agreement will remain in full force and cffcct. The terms of the Agreement stated herein may not be amended or altered unless a written change is
approved and signed by a Corporate Officcr of Company. No other employees or agents of Company have authority to amend or alter any part of this Agreement.
Provided. however, that as to the paragraph on ARBITRATION, if the sentence precluding the arbitrator from conducting an arbitration proceeding as a class,
representative 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 ACV. ADDITIONAL CoNIMENTS.
Seatriearl. Recruit and Baitube are registered trademulLs. of Dow AgreSeiences LLC (52996 SYR) 3113