HomeMy WebLinkAboutTanager-20 Termite Ag.THIS AGREEMENT PROVIDES FOR
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Account No.: _—
AGRIi rMENT FOR
OF THE SEr rRiCONol
THE INSTAL LATiON AND MONITORING
COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section 11.. GGE.N�ERAI, INFORMATION.
Name:L tt—r 6 G WTIi'?F-1n .
Service AddresS: 374 �GI�1CiG!/1 f 1
city �T. ME
State: FL Zip Code: _
Location ofTrcatment Stickcr: Panel __..,.�.._..�'
Linear Footage of Structurv(s) 2 _......__......_�,._..._.
Billing AddressiN—a N(,,,i) � _ _�-
City: 'P,� (� �,` -
State:�_.. Zip Code:34G QP
Home Phone:
Work Phone:
TreatnrentType; CI Corrective rA Preventive
Section 11. SERVICE COMMITMENT.
HomeTeam Pest Defense. Inc. (the "Company') will, in compliance with applicable federal, state and local laws, rules and regulations:
A. Install the Sentricon termite bait stations (due "Stations" in the soil around the perimeter of the structure(s) (see attached graph) located at the Sen'iec Address
above (the "Structure(s)") for the installation fee of $ 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 an annual
fee of S 200
C. Total cost for the first year of installation mid Monitoring s 525 ,
D. The Annual Renewal Fee after the first year S 400.011
F. During the monitoring period, add and remove Recruit.*)) tcrmitc trait front the Stations as appropriate;
F. During the itionitining period, maintain all Stations In serviceable condition;
Section III. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Customer understands that:
A. The Sentricon System involves installatiun and monitoring. colony elimination with Recruit termite bait, and subsequent monitoring for conlinuous protection
from new wrmile colonies;
B. Intervals of from a fete weeks to more than a year should be expected between:
i. Installation of the Scntricon stations and sufficient tcrtnite activity to allow the addition of Recruit termite bait: and
ii. Addition of itecr it termite bait.
C. During the intervals) bcmvwi in.:taliaiion of the Sudiuns and aunplete elimination of existing tczmim colonies. termite feuding within the Structures, possibly
involving additional si twtural damage,: may occur. Additional services such as spot applications (if conventionaiaermiticidcs are available to combat termite
activity on a loc:dfzcd, short -semi basis iidesovd, but ate not needed for and will not cnnlribuic to termite colony elimination.
D. The active ingredient in the Sentricon Systcm is nit insect g®wth rogulmor (Rccmit) that prevents worker termites from molting, (Molting is critical to colony
survival.)
E. In tests that it conducted on Recruit, Dow AgroSetenccs 1.LC, the i:atuuf cturer of Recntit, nhservea uicnce of very low levels or mammalian toxicity only at
very high levels or exposure.
F. Treatment Is provided a ainst the attack of sublerr:mean wrnatc3 (itvticulitatmes spli., llalermerncs spp ind C optoiernes slip. (Fonnosan).This Agreement
does not provide for the treatment of any other pests, plum, animal or organism other 11um suuh termite.;. The Company has not inspected of heated the
structure(s) for health-rrelated molds or fungi. By law. the Comp;uiy is nbt quatiticd,:mquaized ni licensed hi inspect lur health -related molds or lengi.
G. The Company makes ro 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 Sentricon System unit all of the components of the Sentricon System ("Components") have been designed by Dow AgroSciences LLC. 'ore Components
arc and will rentain the property of Dow AgruScicaccs LLC. Customer has no rights will, respect to any or the Components, other than the right to their use as
installed by the Company on the Customer's prcmiscs under this Agreement.
B. On expiration or termination of this Agreement, the Company and Dow AgroSciences LLC or their respective representatives are authorized by Customer to
rcuiev'e from cw toner's premises the Stations and other ('omponents for appropriasc dispositiom in addition, if the Company, for whatever reason, ceases to
represent or to be autharizcd to represent the Sentricon Systcm,
I. The Company will:
a. So notify Customer;
b. Offer Customer the alternatives of Tither using it dilfcrcnt Burin of tern» to protection or terminating this Agreement:
C. Credit the Customer for services p,iid I'ar hul not yet if appropriate;
d. Refund to the Customer an amount equal to the fee paid for scrviccs not yet received if Customer elects to diswnpauc the relationship. or if the
Company cannot offer an effective alternative form of termite protection; and
C. Retrieve. or allow Dow AgroSciences LLC or its representatives reasonable access to the premises for the retrieval of the Components: and
ii. Customer will.
a. Grunt the Company and Dow Ap,,S iercei 1,1.0 or their respective rclmuscnta;ivcx rawilable access to Iltc premises for the rehicvul of the
Components; and
b. Either agree with the Company on the uk of an alternative form of temuite control or terminate this Agreement.
PAYMISNT ullimiC3D. Q Cash 0 Check Q Cmdo (:.rid
if paying by credit earl or rveuning dchii fioiu your brink .w,o, t. Pict.' eanrplec ttr onneicrl .1uthorirauon lot P -.V mngrd Palacnts.
This Agreement contains certain linritanons, eoudiliuns and eulmin v, on the Company's obliaatfnns. i'Ieuse read the entire Agreement bcrare signing,
In consideration for the Company perrorming the scivlce, spcufi-I ab-1V and bub)eet to the icuus and conditions or this Agreement, Customer agrees to make the
payments indicated above. Customer acknowledges receipt of a signed copy or this Agrecnxnt. This Agteemcut is not binding or. the Company until signed by an
authorized nmmwgcr or executive cull of the Company,
CUSTOMS ., HOMETEAM PEST DEFENSE, INC.
Signaturc: i rr•�,y',_/,.� Signature:
Printed Name! • t y ' �1 1 _..rte...t— Si—! _ Printed Name: Ken ColabEllB
Email: r,lmrn , Co — Effective Date: upon documented installation
RIGHT TO CANCEL: I'OV, 7711d CUSTOMER, a/: t I" C-INCE1, 7711S TR: L1'SA C77ON AI'ANYTIME PRIOR TO MIDNIGIIT OF TIIE THIRD BUSINESS
DAYAFTER THE DATL•' OF THIS TR: LV.RI ( 77UA'. a'I;li TlU` f I'T. WIlliO NOTICE OF (ANCELG.-11701V FOR AN EXPLANATION 01.1TU117 R1171117:
'I'IIL REXI OVAL OF T11E BAIT Olt BAITING SYSTEbt MAY RESUta' IN A LACK OF TERMITE PROTECTION
Scrimcon. Rectuitard Baitube are regixtered Iradcacuk of r)o,v AgmScicmcx 11k
ttatncToun Pest Dele nc. Inc 2013 (52986 SYR) 3r13
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," sec below for explanation). The Customer agrees
The responsibility rests exclu:ivel with the Customer, not with the Company. Failure of
to be solely responsible for identifying and correcting Conditions Conducive. p Y Y
the Company to alert Customer to any of the above conditions does not alter Custo ices 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 require 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 oma(s) baited free from such
Conditions Conducive. Other specific items may be noted below in "Additional Comments" (Sr.•ction XV ).
CONDITIONS CONDUCIVE: Conditions Conducive include. but arc 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 slyrofoam 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 Vl. ADDITIONS. ALTERATIONS, AND OTHER CHANGES. This Agreement covers the Structure(s) identified 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) pn
(3) if soil is removed or added around the foundation of the Structure(s) or (4) any tampering of
any termiticide being applied on or close to the location of any Station. the Company in %vriting of any event listed above may void the Agreement. Additional services required by any
baiting equipment or supplies occurs. Failure to rectify
addition. alteration or other such event may be provided by the Company at Customer's expense. and may require an udjuMnertt in the renewal fro. Section VII. DAMAGE RELATED TO SERVICES. The Company will exercise due care while perfurmtng services hereunder to attempt to avoid dams 8 S rn anY part
of Customers property, plants or animals. Under no circumstances will the Company be responsible t'or 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 Cusionmces sole expense, for refurbishing Customer's
property (including lawn and landscape) after installation of the Stations.
Section VIII. REPAIR AND RETREATMI:NT OBLIGATION Customer initials . Subject to the general terms and conditions of this Agreement. if as
infestation of subterranean termites occurs in the treated structure(s) during the tarn of this Agreement, the Company will retreat the area of infestation at no additional
charge. In addition. subject to the general terns and conditions of this Agreement, the Company will repair, at its cost, new termite damage to the treated structum(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 sttucture(s), nor exceed
$ 1.000,000 in the aggregate over the term of the Agreement, including extensions and r=%%21s.
1. Customer expressly waives any claim for economic, compensatory, or consequential damages relating to the existence of Subterntnean termites or Subterranean
diminution of value, or any "st! me damage due to the presence of Subterranean termites or
termite damage, or for increased costs, loss of use, business intcmrption. S g
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 the 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 perfomted.
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 affective.
3. The Company's obligation to repair termite damage will become effective upon the earlier of (i) elimination of the colony or colonies located on or about the Service
Address or (ii) the first anniversary of the installation of the Stations. Colony elimination shall be deemed to occur when. following two consecutive months of teattites
ns located at the Service Address. the Company's technician is unable to locate. for a period of three
fading on Recruit termite bait in one or more termite bait statio
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
time Company, the Company agrees to reimburse Customer for the reasonable cost of the repairs, but only to the: extent that the total reasonable cost of such repairs Is
less than S200.000 in any one calendar year.
Customer 4. Subject to the remaining provisions of this Section VIlI:;, will be entitled to select the contractor who will perform the needed repairs to the treated
struclum(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 access to the treated structure(s) to a contractor designated by the Company for the purpose of obtaining a
second bid for the work. In cases where there are multiple rids for repair work, Customer acknowledge:.% that the Company reserves the right to select the contractor to
perfarnt the repairs.
S. The Company is not responsible for the repair of either visible damage (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 be responsible for (1) and' damage caused by termites to the treated structure(s) or the contents thereof arising prior to or
nses incurred by Customer as a result of any such damage. Customer waives all claims for
fallowing the term of this Agreement or (x) any costs or expe
ectt3• from services provided by the Company, with the sole exception of claims for damages
damage to the property or people that may result directly or indir
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 to Section 11
above. Customees failure to pay such price in full will cause this Agreement to automatically and immediately terminate in its entirety and the 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 net 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 least action is
necessary to collect any amount due the Company, the Company will be entitled to t'eeover from Customer all costs of collection, including reasonable attomeys' fem
in addition to all outstanding amounts due the Company.
Section 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 II.B. of this Agreement (subject to adjustment as provided its this subsection), unless either party
cancels by giving the outer party written notice at least thirty (30) days prior to the end of the then current terns. This Agreement may be terminated by the Company or
by Customer. at any time following the initial term upon written notice to the other party at least thirty (30) days prior to such termination. At Use end of that five (5)
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 and 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 Customees 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 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 ADMINISTERED UNDER THE COMME:RCiA1, RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") Olt, 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 AGREFhIENT, AND THAT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL. NOT BE
CONSOLIDATED OR JOINED WITi1 ANY ACTION OR LEGAL. PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER
PREMISES, AND WILL .NOT PROCKE.1) AS A CLASS ACTION, PRIVATE ATTORN.'VY GENERAL ACTION OR SIMILAR REPRESENTATIVE
ACTION. EITHER PARTY HAS THE: RiGHT -1'0 REQUIRE A PANEL tOF THREE (3) Altlill'ItA'101tti, A1'I) THE REQUESTING PARTY SILALL B
RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST A'P ANY TIME PRIOR TO THE
HEARING THAT THE AWARD BE ACCUMPANiED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(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 :III. CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. if Customer believes that Customer or other occupants of the treated structure
an or may (A) be sensitive to pesticidesitermiticides or their odors or (B) have other health conditions that may be affected by pesticides/lermiticides 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 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.
Section X111. ASSIGNABILITY. This Agreement is transferable to anew owner of the property located at the Scr'iev Address provided that the new owner of the
property enters into an installation and monitoring agreement with the Company. The Company reserves the right to charge a transfer fee, adjust the annual renewal
rate, and change the terns 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 repmsents 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 terns and
conditions of this Agreement will remain in full force and effect. The teams of the Agreement stated herein may not be amended or altered unless a written change is
approved and signed by a Corporate Offrccr of Company. No other crnployces or agents of Company have authority to amend or alter any part of this Agramtent.
Provided, however, that as to Ilia 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 lobe
deleted from this Agreement.
Section XV. ADDITIONAL. COMMENTS.
Sentricon, Recruit and Baituba are regWerecl tra&marks of Dow Agrascecnces LLC. (52986 SYR) 3113
O I lonuTcatn rest Del nsc. Inc. 2013