HomeMy WebLinkAboutApplication for the Installation & Monitoring of Colony EliminationRECEIVE®
lome am
PEST DEF NSE' DEC
ST. Lucie County,
Account No.:
THIS AGREEMENT PROVIDES FOR
RETREATMENT OF A STRUCTURE
AND THE REPAIR OF DAMAGES
COUNTY USE ONLY CAUSED BY WOOD DESTROYING
ORGANISMS WITHIN THE LIMITS
STATED iN THIS AGREEMENT.
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AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICON® COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section I. GENERAL INFORMAQQT��IO�N,., "�n,��
Name:(! Elio Mleo ]rJwood LLC
Service Address: ZU LA (0
City: Fort Pierce
State: FL Zip Code:
Location of Trcntment Sticker: Panel
i.inear rootage of Strucrum(s): 2 10
Billing Address5a0 [ AVD MrYCGVIi-(I� P�
City:'PbC+ Si • LU (A b
State: F1 • Zip Code:
Home Phone:
Work Phone:ll
Treatment Type: ❑ Corrective 0 Preventive
Section i1. SERVICE COMMITMENT.
HomeTcam Prat Defense, Inc. (the "Company") will, in compliance with applicable federal, state and local laws, rules and regulations:
A. Install the Sentricon termite bait stations (the "Stations") in the sail around the perimeter of the structure(s) (see attached #mph) located at the Service Address
above (die "Structure(sr) for the installation fee of s paid by builder
B. Monitor the Stations in accordance with the label directions for a period of twelve (12) months immediately following installation of the Srution. for an annual
ree ors Zero
C. Total cost for the fast year of installation and Monitoring S Zero
D. Thc Annual Renewal Fee after the first year S 300.00
E. During The monitoring period, add and remove Rccmit® Icmtitc 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 termitcbail, and subsequent monitoring rot continuous protection
Rom new termite colonies;
�B. Intervals of from a few weeks to more than a year should be expected hctsvicen:.
I. installation ofthe Sentricon stations and sufficient termite activity to allow the addition of Recruit termite bait; and
ii. Addition of Rccmit termite bait.
:C. During the inicrval(s) between installation of Ilia Stations and complete elimination of existing termite colonies, ferrite reciting within the Structures, possibly
involving additional structural damage• may occur, Additional services such as spot applications of conventional rerniticides are available to combat termite
activity an a localized, short-term basis if desired, but am not needed for and will not contribute to lcrni(c colony elimination.
D. The active ingredient in the Sentricon System is an Insect growth regulator (Recruit) that prevents worker termites from molting. (Molting is critical to colony
survival.)
E. In tests that it conducted on Recruit, Dow AgroSciences LLC, the manufacturer ofRecruit. observed evidence of very low levels ofmammehan toxicity only at
very high levels ofexposure.
F. Treatment is provided against the attack or subterranean termites (Reticulilemtes spp., Hetcrotcrnes spp. and Coptolernes 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
stmctum(s) forhealth-rclmcd molds or fungi. By law. the Company is not qualified, authorized or licensed to inspect for health -related molds or fungi,
G. The Company makes no representations regarding the exact location or number ofany existing termite colonies.
Section IV. DOW AGROSCIENCES'LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands that:
A. The Sentticon System and all or the components of the Sentricon System ("Components") have been designed by Dow AgmSciences LLC. The Components
arc and will remain the property of Dow AbaoSciences I.I.C. Customer has no rights with respect to any or the Components, other than the right to their use as
installed by the Company on the Customers premises under this Agreement.
B. On expiration or termination of this Agreement, the Company end Low AgroScienees LLC at their respective representatives are authorized by Customer to
retrieve from Customer's premises the Station.. and other Components for appropriate disposition. In addition, if litc Company, for whatever reason, ceases to
represent or to be authorized to represent the Sentricon System,
I. The Company will:
a. So notify Customer;
It. Offer Customer the alternatives of eithdr using a different form of termite protection or terminating this Agreement;
c. Credit the Customer for services paid for but not yet received, ifappropriate:
it. Refund to. the Customer an amount equal to the fee paid for services not yet received if Customer elects to discontinue the relationship, or if the
Company cannot offer an effectivealwnutive form of termite protection; and
e.. Retrieve, or allow Dow AgroScicaces LLC or its representatives reasonable access to the premises for the retrieval of the Components; and
ii. Customcrwill:
u Grant the Company and Dow AgroScicaccs LLC or their respective mpmscntalices reasonable access 10 the premises fur the retrieval *of the
Components: and
b. Either agree with the Company on the use of an alternative formoftermite control or terminate this Ageemcnt.
PAYMENTML•-THOD. ❑Cash QChcck OCreditCard
If paying by credit card or recurring debit from your bank account, please complete the attached Authorization for Pre-Armngcd Payments.
This Agreement contains certain limitations, 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 theicrms and conditions of this Agreement, Customer agrees to make the
payments indicated above. Customer acknowledges receipt of a signed copy of this Agreement This Agreement Is not binding on the Company until signed by an
authorized manager or executive officer of the Company.
CUSTOMER:
Signature: ./'//C�� ,��" 1Q /�'' I /'
Printed Namci1 it-U111- G PrO S LL G
Email: m
HOMETEAM PEST DEFENSE, INC.
Signature: �'1(7
Printed Name: VOID/ FOR PRESLAB APPROVAL ONLY
Efreclive Date: NONEFFECTIVE
RI0ItT TO CANCEL: YOU, THE CVSTOAIER, 31b1Y CANCEL T111.5 TRANSACTION AT ANYTIME PRIOR TO blION1 611T 0FTHE T111RD BUSINESS
DAYAFTER THE DATE OF THiS TRANSACTION. SEE THE ATTACIIED NOTICE OF CANCELLATION FOR AN EXPL•1 NATION OF THISRIGHT
THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE. PROTECTION
Sentricon. Recruit and Baitube are regiocred trademarks of Dow AgroSeiendes I.I.C.
0 HameTeam Pen Defense; Inc. 2013 (52986 SYR) 3r13
Session V. CUSTOMER CO,1fMI'MEhr AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be sokiy responsible for
maintaining the Tremed Premises Gee Gom any condition conducive to teraiire Infestation CCeindlrons Conducve,' sec below for explanadon). The Customer agtea
to be solely responsible for fdmdf*g said e0aecting Conditions Conducive The tesponsibiliry rests exclusively with the Customer, not with the Company. Failure of
the Company to akn Customer to any of the above conditions does not after Customin't responsibility under this Section. in addition, tie existence of any Conditions
Conducive that was not timely arrested, Including any Conditions Conducive existing but not vials at the time of the execution of this Agreement, wkd.petmh the
Company, at its sole ditemkon, to terminate the Agreement or to require Customer to purchase any additional treatment required as a result of the Condifeom
Conducive. Customer agrees to fogy cooperate with the Company dosing the term of this Agreement, and agrees to maintain the ora(s) baited Gee from such
Conditions Conducive. Other specific item may be noted below in "Additional Comments" (Section XV).
CONDITIONS CONDUCIVE: Conditions Conducive include, but am not limited to, tootlaks. Improper ventilation, faulty plumbing. and water leaks or intrusion in
or around the structure: knhercot structural problems, Including, but not limited to, wood to ground counts, masonry, failures, and settlement of the foundation. fomn
insulation, stucco eonsmuetion, expanded polystymno or styrofoam molded foundation sysicns, siding (including viny4 wood and mew) if within 6 looks of the
ground: mulch or other protective ground covering: and firewood, truth, larder, wood, mulch. shrubs, vines, end other protective pound covering if within 6 inches of
contact with structure.
Section VI. ADDITIONS, ALTERATIONS. AND OTHER CHANGES. This Agreement covers tha Suuctmc(s) Identified in Section I as of the dam of the initial
installation. Customer will immediately odry the Company in writing (p prior to the Structue(s) being s0ucmmily modified. uttered orotherwise changed. (2) prior to
any termitldde being applied on or dose to the location of any Station, (3) ifson is removed or added around the foandetlon arthe Structure(s) or (4) any tempering of
baking equipment or supplies emus. Failure to notify the Company in writing of any event listed above may void the Ap==L Additional services required by any
addition, allemtlea or other such event may be provided by tits Company at Customers expense, sad may require an adjustment In the renewal fee.
Sutton VII. DAMAGE RELATED TO SERVICES. The Company will exemlce due are while perfcm(ng services hereunder to attempt to avoid damaging any an
of CutsumWs property, plants or eninuls. Under no circumstances will the Company be responsible for damage mused by the Company at the dme the work is
performed, except tfaso damages resulting from gross negligence of the Company. Customer is responsible, as tustomeh sole dxpemo, fat mfltehishing Customers
popery (including lawn and lendsape) after installation of tie Still=
Section Vlll. REPAIR AND RETREATMENT OBLIGATION. Customer Ioldsh Subject to the general tams aid conditions of this Agreement. Iran
infestation of subienuan termite occurs in the hated suumme(s) during the tam of ft Agreement, the Company will mtreat the are of infestation at no additional
charge. In addition. mgca to the gaual temnm and conditions of dds Agreement. the Company Will repair, at its cost, new termite damage to the crated structure(s).
The Company's total liability will not exceed In any one calendar year the lesser of (1) $200,000 or (i) the fair market value of die treated etrtusure(s), nor exceed
$1,000,000 in the sggregit overtho term of the Agreement, including extensions and renewals
1. Customer expressly, waives any claim for eonamia cowry. or consequential damages relating to the cxisteace of Subtcmaaut termites or Suble moan
la n % damage. or for Increased costs„ loss of use, business interruption, dimiaudan of value, or any'stigine damage due to the presenter of Subtertamem termites or
Sublaraceon teodte damage. The Customer acknowledges duet the Company is performing a service and except for termite damage repairs set forth above and any
damage to Use structure eausod by the Company im the perfomumce of its saviees, Customer waives arty claim for property lounge, and agrees that under no
drasmisucessbohl Companybe held liable for anymoum greats than the amatmt paid by the Customer to Company for the termite service to be performed
2. Due a subte.. eon termite bublth termite activity may aoadaue to be present Ina struentro for a period of dme fagawitig treatment. The Company h not
responsible for repairs of subterranean termite damage that occurs before the repair portlaa of the warranty becomes effeeliv&
3. The Company's obligation to repair termite damage will become effective upon the carer of(l) elimmination of the colony or colonies lowed on or about the Service
Addma or (Ilc) the first anniversary of the Installation of the Stations. Colony eSminstion eked be deemed to occur when, following two consecutive months oftermite;
It ding on Recruit ttamite bait in one or more tamitc bait stations Coated at the Service Address, the CompaWs technicfan is unable to locate, for a period of three
consecutive service visfu to the Service Addrm any live termites in any ofthe termite bait sutlons located at the Service Address. Knew damage, as evidenced by the
presence of live termites, occurs while the Company's obligation to repair termite damage is in fares, following writes notification fiom Customer and an Inspection by
*a Company, the Compmy agrees to m(mbune Customer for der reasonable cost or the repairs, but only to the client dot the mid matnable can of such repairs is
ins than $200,000 in any one calendar year.
4. Subject to the remaining provisions of this Seaton VIIIA, Cu"mncr will be entitled to select the contractor who will perform the needed repairs to the treated
structuue(s). Prior to entering Into a contract with a contractor. Customerspacs to provide the Company a copy, orthe proposed cousin or written bid. if the Company
detentam the bid to be excessive, Customer sgreo to giant acens to the treated structure(s) to a contractor designated by the Company tar the purpose of attaining it
second bid for the wmL In uses wham there am multiple bids for repair wmL Customer scimowledga that the Company reserves the right to select the eoam Mor to
perform the repairs.
3. The Company is aonmsponsible for the repair of tither visible damage (noted an the attached inspection graph) or hidden damage existing as of the date of Ihh
Agreement. The Company does ant guarantee dust 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 be responsible for (1) any damage caused by termites to the treated structures) of the contents thereof adslmg prior to or
following the arm of this Agreement or (2) any corm or expenses Incurred by Customer to a raalt 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 grass negligence of the Company and/or Its employee.
Section. IX PAYMENT. The Company's obligation to perform under this Ag.cco et is conditioned upon CusumWs payment in full of The price act forth in Section 11
above. Customers fidlum to pay such price In fill will muse this Agreement to automatically and Immediately terminate in is entirely and the Company will be
diaehuged oral) liability. AB smausts paid it any. will become the property of the Company as liquidated damages hereunder. The Installation fee is due and payable
at die time of she Imitlal service. The renewed Its fs date and payable upon receipt of invoice. Invoices shot am mat paid within thirty (30) days of the invoice date will
attract iataest on she unpaid balance at a rate equal to ion low of 1.5%per month (I We per year) or the maximum rate allowed by law. to the event that legal action is
necessary to collect any amount due the Company. spa Company will be aided to recover from Customer all ousts of collection, including reaswable attorneys' fee.
In addition to ail outstanding amounts due the Company.
Section X, TERM. Unless otherwise specifically provided hash the parties agree dial the Initial tam of this Agreement will be for twelve (12) months and will be
trials tally renewed on an mane! haslet for an additional twelve (12) moth period fat a maximam of fare (4) additional twelve (12) month periods, Ibllowing the
itihktl tan tipo I payment by Cumtoncr of the fee indicated in Stein ILB. of this Agmcmat (subject to adjustment as provided in this subsection), unless either patty
easels by gkving rho o0mer party written notice at feast thirty (30) days prior to rho end of the than comet teat Thies Agrcenerit may be terminated Hy the Company Ot
by Crammer at nay time fogowiag the initial tams, upon wrimrn otice to the other peaty at kart thirty (30) days prier to smah termiratiore At the end of that five (S)
yam period the cervim may be renewed tmmmlly with the muluel comsat of both ponies, and, thercafler, eiWer party may termimto der service with warren rtotke u
lastY () �ri Prim to the end oC the tken cemreat term The Company mercrvo the right to incrmsc the perm of aervlee. Thh Agreement may be terminated by
Custmma by provfdikgwrittrn noire m der Company witidn thirty (30) days foglowing Customers receipt of the notice of iaemase.
Sestina XI. ARBITRATION. ANY CONTROVERSY OR CI.Alllf ARISING OU7 OF OR RELATING TO THIS AGREEMENT OR ANY OTHER
AGREEMENT BETWEEN THE PARTIES. INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLALMS FOR
PERSONAL INJURY OR PROPERTY DAMAGE, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE
OTHERWISE. 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 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
HEARfiNG THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE
FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT EITHER PARTY MAY WITHDN 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
ARBIIRAT'OR(S) FEES AND COSTS. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY
ERRONEOUS STANDARQ THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON
THE AWARD IN ANY COURT HAVING JURISDIC17ON 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 Customer believes that Customer or other occupants of the treated sutetute
am or may (A) be sensitive to padddeNtmmltktdes or the* odors or (3) have other health conditions that may be effected by pestkfdeshermitiddes or their odors,
Company reeommends that you not have an initial or a subsequent service pctfamed at your itemise until you have consulted whit your family ppkhysicAt your
request, Company will provide information about the chemicals to be used in trailing the premiseL By permitting she treatment, Customer assumes pitsian ask and waives
any and all claims against the Company in cotmrctlem with such sensitivity or condition. At your sequins, the Company will provide information ahem the chemicals to
be used in treating the premhea.
Seedom XTIL ASSIGNABILIY. This Agm mmt is u=rcmble ton mew owner of the pwity loafed in thio Service Address provided that the new owner of the
property insists into an installation and monitoring agreement with the Company. The Company reserves the sight to charge a transfer fix; adjust the annual renewal
meta, and change the term of the Company's obligations under this Agreement upon any such transfer. Upon the closing of the sole of the property hated of the Service
Address, this Agtoottnl will terminate.
Section XIV. ENTIRE AGREEMENT AND SEVERABILIY, This Agreement and the attached graph constitute she rntire sperment between the panics.
Customer expressly wumnta and repressors that, in enterleg this Agmement. Customer is of relying on any premise, agrecmatt Of statemrns, whether real or written.
that Its no expressly and fully set fond in this Agreement. If any pan of this Agreamem is held to be invalid or unenforceable for any mason, the tetmining team and
conditions of this Agreement will mein in full force and client. The team of the Agmcmteal sated hemin may not be ommdcd or altered unless a written dnrtge is
approved and signed by a Corporate Offs= of Company. No other employees or agents of Company hove authority to tunrnA or alter any put of this Agreement.
Provided, however, that as to the paragraph ma ARBITRATION. Ir the sentemca precluding the arbftmtm fmat conducting an arbitration proceeding as; a class.
representative or private
attorney generalgeneralaction is found to be invalid oruncnfotcaat da ble that entirety of the ARBITRATION paragraph shall be darned to be
delessexi from This
Section XV. ADDITIONAL COMMENTS.
Seenican, Reach and BftW are regbwed mdmmrks of Dow ApoSdeneo LLC. (52986 SYRI Nt7
0 Ho=Team Pere Dafmm, Inc. 2013