HomeMy WebLinkAboutAgreement for the Installation & Monitoring of Sentricon Colony Elimination for New Constructionr �
Homdeam
psar os►sase•
Account No;
SAINT LUCIE COUNTY USE ONLY
THiS AGREEMENT PROVIDES FOR
RETREATMENT OF A STRUCTURE
AND THE REPAIR OF DAMAGES
CAUSED BY WOOD DESTROYING
ORGANISMS WITHIN THE LIMITS
STATED IN THIS AGREEMENT.
AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICONG COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section L GENERAL INFORMATION.
Name:UP)r- Cwo �S'-1- LwrGf e,. L1 .
Service Address:J%agl M4T,D i
City; Fort Pierce
State: FL Zip Code: 3 4 9s 1
Location otrrtemtmu Sticker, Panel
Line rrodegoofstruonve— 210
Billing Address:-S_90 AAA M e e-anj� )- Gl_ .
State: ASL Zip Code:,.NIA
Home Phone:
Work Phone; —/ 7Z 9;�,4— /:J�/)
Traa meat Typo: O Corrective m Preventive
SecdouIL SERVICE COMMITMENT.
HomeTcem Pea Dofao% foe. (the •Co •) will, In enmptiona with apppttabla federal, tree ad WA laws, rules ad regulations:
A. Initall the Saatrtooa tomrito bell cas (the -stations •) t o s U a the perimeter of rho struaure(s) (ice aaaehad graph) loaded as the Service Address
above (the •Sbnteaan(�)•) for the ImmIlatloa fee or er
B. Maker Stations is accordance with the label ens for o paind of twelve (12) months immediately following brualiation *like Stations form annual
faofi�ef_O-
C. Toaloortfor the OMyou off fallensad Moahoriag;Zero �
D. ThoAaaud Renowd Pee agar tho firs yam S 300.00
B. Duties the monitoring period. add and maovo Raauit® temho bell (Fees the Stations a approprime;
F. Daring the moahorim paned maintain all Stations in saviaeblo condition;
Section JIL CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Cosomw nmdastande (halt
A. The Sontricon System involves installation ad monitoring, colony altlmhsc ioa with Result termho bat. ad subsequent m ahoring for continuous protection
from new tomato coloales;
B. Iaravals of flans a fewwalo to more then a year should be expected between:
L lossallstioa orthoSaudscn stations ad aaMo m termite activity to allow, the sMhm of Renuit termite bait. ad
IL "AddkkoofRtcruhormbobalL
C. Dorimg rho kuorvtlG) 6stwroea hrmlladion of the Staians sad comploo olimitsttoa ter mho coloola, termite feadiag within the Stroctusus, possiblyiavelvtag adcttlond swaurd dana80. rnsy oeau. Adctdaad sautes sneh a spot appliesefatiaing ens of conventional tormidefda are available to combs: termiteactivity bn a loeafised, shartderar bale HdietA but aro not aided foraad will not coatrlbuo to tam(m colony elimination.
D. = bngreacto in the Saaricon System is an hod grawth regutaor (Rands) that proviso worker termmw firms making. (Moldog is critical to colony
L fa tern then it nomdueted on Ream. Dow AgroSdeaous LLC, do manmfsaarer of Recrmh, observed evidence of very low lovely of mammalian toxicity only as
very high lovols of axpoett%
P. Treatment is provided allow the quack of subtortamaa termites (ReBculiterma spp., Hdarotama spp. ad Coptotermcs spp. (Fonnossa). This Agreement
does net Favido for the treatment of nay other pate, ptem, what or orgmism ether than such termite. The Campaay has net impacted Or traded the
stnsove(s) for bahh rclaWl molds or lknpi. By law, the Compsmy, is test qualifieq, aedwriand or lieemad to hoped for htd&rolated molds or Rargi.
.0. The Company mdca no representations regarding the costs location or camber of wry casting termio abdes.
Section IV DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Ltiwoater also oadastaads that:
A. no Smnrica system ad all of the eompomms orthe Sentdcon System (1Cencpoaws7 have been deigned by Dow ASro ldatens I.LC. The Componws
we and wiU remain the property of Dow Agrolicieaces U.C. Customer has no rights with suspect to any or" Companaus, other don the right to their use as
WOW by do Company on rho Customer's promise under this Agreasum.
B. On aspiration ce laudation of this Agreement, the Company and Dew Agra4dwas LLC or their respective repmeaddives are anthodsed by Customer to
retrieve ftom Cuaom is premises the Stations and other Components for approprieo disposition. In addition, if Iho Compaq, for whatever reason. Ceases to
t meant or to be mahadsal to roprmeni the Saadcoa System,
L Tho Company will:
a So as* Customer
b. Offer Customer the altemolveserddorusing adifferent farm ortermite protection attestalmmlmg this Asmemeaq
a Credit the Customer for services paid for but not yet tecdved, if eppropdm n,
d. Relhad to the Customer on amount equal to the fee paid for services cot yet received if Customer olds to discominuo the relationship, or if the
Company ansat offer an effective alternative fort of tormiteprotection. end
a Retrievro, or allow Dow AgroSdances LLC or Us repruswatives ressomble access to the premises for the rarlaval ortho Compacow, end
u. Costemerwilk
L Oran( t o Company and Dow AgraScienoa LLC or their respective representatives reasoaablo Access to the premlrro for the retrieval of the
Components and
b. either egret with she Company an the use oran dtemaivo form of termhoeondrol or lenninaoibis Agreement.
PAYMENTMerHoD. OCash OChak UcratCard
llpaftby credit card accoutering debit from your busk account, pleaseeemplete the attached Authorization for Pto•Aeanged Payments.
This Agreement scuttles certain limitations, conditions and exclusions on the Company's obllgadons. Rase end the alln Agreement before sigaleg.
In eomidereion for she Company performing the services specified above ad subject to do Items and ca4dons of this Agreement, Customer agrees to make the
payments lactated above natal mown of a signed copy or this Agreement. This Agteaaatt Ism binding on rim Company, umE signed by an
tudtmBed eer of rho Company:
CUSTO Rt HOMETEAM PEST DEFENSE, INC.
Sigaaer - sigalmo.
Pdntee Now. PdmodNamo VOID/ FOR PRESLAB APPROVAL ONLY
t?nsdl a el• Go BlTeatreDao; NONEFFECTIVE
RIGHT MC!YOU, THECMWOMER, KAYCAl=TI11.4TRAMUCrIONATANYTIMEPR10RTO MIDNiONTOFTNETHIRD BUSINESS
DAYAFTERTHE DArZOFTHIS TRANSALT70AtSEE THE ATTACXEDNOTICE OFLt=LodTIONFOR ANEVLiNATIONOFTNISNGHT.
THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTECTION
Saurfew PzcrA ad WNW am restored CHomdfaammpasvarcue,,Im.2011 tadsaurieofDossAgsogdaspLLC 451►ffiSYRI7ID
•IL
Stelloa V, CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be solely responsible for
malamiiting the Treated Promises free from any eandiden conducive to terafte (nfowtion (•Conditias Conducive,• ten below for explanation). The Customer agrees
to be solely responsible for Idmtilying end correcting Conditions Condudva The responsibility tow exclusively with the Ctutatner, not whit the Company. Fagan of
Chat Ca�p�y to alert Customer to easy of the abovecoRolm dew ant alter Castomu's responsibility under !his Section. In addition, the adairm of any Conditions
Conducive that was not timely eoneeted, including any Conditions Conducive existing but ant visible as theilmo of the exeemien of this Agra n oul. will permit the
. at its solo -fW ON to tmmiaaro thin Agreemem or to require Cuaonfin to purchase any additional treatment required as a mall of the Ca dhow
G 'vr. Customer %mu to fsUy eooperate with the Company during the lam of this Agreernaak and agrees to maintain the secti baked fix from such
Coadldoas Condadvo. Other speeifte flow may be noted bdowin •Addidaved Commolw• (Section XV).
CONDITIONS CONDUCIVFA Condidons Conducive Melodo, but ere not limited to, rooricida, improper ventilation, faulty plumbing, and water Icaks or Initiation in
or aemd the s UMM Inherent ststictural problems, Including, but not United to, wood to ground contact, masonry faUuret, and settlement of the foundation, foam
fmuidian, stucco Construction expanded polystyrene or siyrofoam melded foundadma systems, siding (Including vinyl, wood and nets!) if viilhin 6 Inches of the
ground; match at other protective ground covering; and frowned, Crash, lumber, wood, mulch, thrubs, vines, and other protective ground covoiq if widdo 6luhes of
Salop VL ADDITIONS. ALTERATIONS, AND OTHER CHANGES. This Agreement covers the Studuu(s) Identifl d in Section I as of the dae fifths initial
installation. Curtomer wtU Immediately wed& the Company M writing (1) prior to die SWduro(s) bolas atrtuturally modified, altered or alb rwise lunged, (2) prior do
comsyry tmniticlde being applied on or close to the location eff any Station. (3) if soil b removed or added around the foundation of the Sawtu*s) or (4) try tampering of
b 14 equipment or supplies ocoma. Failmo to noddy the Company In writing of any event listed above stay void the Agmemant Additional services required by any
addition, allerolloa ali or Geer Cevent trey be Provided by the Company at Cwtoma's apon&%trod may require oat adjustment in the renewal fee
Section VH. DAMAGE RELATED TO SERVICEL The Company will exercise due sera while performing services hereunder to attempt to avoid damaging any part
Of G4saactic s property, plants or anlmnole. Undo no elreumstanea will this Company be rapowIblo for damage awed by the Company as the time the work is
performed, except those damages resulting from gross negliScnm of the Company. Customer Is responsible. a Customnds solo
ex
pense, for roNrbishlag Customers
rly (including Lwws sod sonp)aflerftpafiationofthobtatom.
SrdooVULREPAIR AND RETREATMENTOBLIGATION. Custom or(ahisle SubJmmthcSmcrtltermaand coadidowofthisAsuamem,Van
infewdan ofsimannm temillas own in the treated onw uro(i) during the term ofM'ABmmom, the Cenpany will cared rho srea of infestation at no additional
charge. In adds loo, subject to ire Sorenl lams and condition; of this Agreememd, & C will repair, d to cost, maw lormNe damage to the treated str cturc(s).
The Compony'stold liability will not exceed In my onto mileadar year the tosser of (i) $2 or (11) the fair in*" value of the tanned struciure(sh nor exceed
SI.W0,000 to the aggsegdo over the tam oftho Agroem en; Including aammdona ad raawds.
1. Llatomen expressly welves any elder for economic. cemponsaroty, of consequential domogas sainting to the existonm of Subtemmosin termites or Subamaneen
FDf
amegforamm ro rhsttuonceeshellCro su 1 awn:et for repaGe ofanbtamaans termUodxmap lbat oeews before t4sseWir poctlom ofthewsnmy bacoma:IGeltre
J. Ina vampsttys onagmtan Compact termdedmnxga win became elfaeive upon thin, culler aril) dlminwia s ofthe colony or colonies lowed on or about the Service
Address or (III don rust m dvasmy of to installation oftho Stations. Colony elimination dtdl be darned tooccur whim, following two consecutive months of termites
feeding on Recruit termite bait in aim or more termite We stations located at the Service Address, that Company's tocinieiaa is unable to locott, for o period of three
ccmmdvo WWCO visits to the Service Addrose, any live temites in any of the lera dle bait stsiions located in the Service Address. tfasw damage, as evidenced by the
ptosemmoo of Ilvo termites, aesurs vdtib rho Companyt obligation in, ropek temdto dtmmaga b is form, following written notillcatioa from Customer and an inspection by
the Comthpsaty, the Company agree to reltmburse Customer ibr the reasonable cost of die tepees bun oaty to the extent that the total reasonable cost of such repair is
(ass them 5200,000 iv stay ono edmrder year.
4. Subjced ro the rmaimdng provfslona of this Section Vll(A, Castoina will be uuitled to sled the cormactor who will perform the seeded repmrs to the tread
etutnne(e} Prior a smdering late a mxntact with o maaector, Custamaagrees to provide time t:anpay it copy office proposed eentrm at writtas bit tribe Company,
detartnhhes the bld ro 6e axeesaive, Cwomet agree to Ituaht amess ro der trestod stacture(a) to a mntneor daiWled by the Company for the purpaso of abudidnS a
amend 6Id for the work Ica easy wvhero thee are muhipla bids fat ropalr work, Cwtoma adtnotvladga that the Company reserves the right to soled the oontowr to
phafonn the ropdn.
3. Tine Conpary h no rospom{bl0 for the repdr of either visible domsgo (rtotad oat lha atachmxl tmpowan Srsph) or hidden damage existing as of the date of this
Agrecmc i Tho Compony don rim gwromw that tho d=ap dbelond an don aUaehed inspection graph represents all of the oxiedng darmgo as of the date of this
Agreement. The Company will not be respons for (1) say damxp woad by ltrm[in to the waled stracture(e) or the eonteou thermf orlslag prior to or
following the cane of this Agreement or (2) any costs or asperses Incurred by Customer as a malt of any such damage. Customer wawa all claims for
damage 19 the propeery Or people thin soy mull directly or bndireety item serviea provided by the Company, with this sale exception of claims for damages
dos to the grog oegtlxeaa orlba Campasy sadfor Is amploym.
Section 1% PAYMENT This Company's obligation to perform under this Agreement is condi loned upon Customers ppaayymeat In full of the price ad forth in Section II
above Cusomsrs failure to pay such price in Nil will cause this Agreamml to automatically and Immediately tsmtinote In in entirety and tho Company will be
discbar;ad of all liability All amounts paid, if any, will bocoam the property of this Company m liquidated dtumges hcremider. The iawllation fee is due and enable
u the tame of rho Initial service The rertawa( fro is due mid payable upon receipt crisis". inaolon that ate not paid within thirty (30) days of tho Invoice deco will
+acme intorm onthe unpaid balance of a rote equal to the lateral I.514 per month (16% per yam) car the maximum rate allowed bylaw. In the event that legal action Is
acommyto, collect any amount due the company. the Company will be emitted to recover from Customerdl cols of collection, Including reasonable soomaya' face,
in addition to all outstanding aamuats due the Company.
Section X. TERM. Unless otherwise specifically provided hardes, the pardea W o the the Initial term of Ibis Agrammt will be for twelve 12) monhs and will be
aromatically renewed on an amtud bade, for an addidond twelve (12) moth period, for a ataxlman of four (4) additional twelve (12) month periods, fotawing the
initial tam upon paytwm by Custamar office fee indieesed In Scedm I18. of this Agreement (abject to adjustment as provided in this subsection), unless otter party
eeneeb by giving rho other parry writtan nosier m least thlrry (]0) days palm to die end of the thon earns rem Tkis Atlrcenem rosy be tartainated by fiho CanRany or
by Customer, at tiny deco following the Midst rem, upon unwritten rotico to the other party at (east thirly p0) dsys pew to stab termbmsdon AI tree end of that five (S)
yew petted. Ike service nuy be sahowod tunually with the mound mnsem of bath pants, end, theralla, ehba parry soy terminate the service witb writtm neiee a
lea tilrry (JO) dsy: prio► ro tro emend of the then eurlent norm. The Cemparty reserves the right to inerenro duo p ee of service. This Agrceamont may bin terminated by
Custama by providing vuripon rots to tone Coatgny within thirty (�0) dope following Custanem'a receipt of time codes of Morose.
Sewdlon XL ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OP OR REWTINC TO TIt18 ACRPEMEt47 OR ANY 07T[ER
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 COMMERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") OR, IF APPLICABLE, IT SHALL BE DETERMINED UNDER THE AAA PROCEDURES FOR CONSUMMRM ATED
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. FATHER PARTY RAS THE RIGHT TO REQUIRE A PANEL OF THREE (J) 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 ARBITRATORS) SHALL BE
FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT EITHER PARTY MAY WITHIN JO DAYS OF THE ORIGINAL AWARD REQUEST AN
ARO TRAL APPEAL TO A THREE MEMBER APPEAL TRIBUNAL THE APPEALING PARTY SHALL BE RESPONSIBLE FOR ALL APPELLATE
ARBITRATOR(S) FEES AND COST& THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND PACT UNDER A CLEARLY
ERRONEOUS STANDARD, THE AWARD OF TIIE APPEAL TRIBUNAL SHAWL 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.
Sscdos X[L CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. If Customa believes that Customer or other occupants of the sated mature
me ar may (A) be sensitive to postlddnAermilidds or !hair odors or (B) love other health candidate that may he affected by peaiaidesherinhiddos or their odors.
Company recommmda Thal you not have an initial or a subww=M service performed as your promises an0 You have oonsUlf I with your family Imhydcian. As your
rcquea, Company will provide infotmdlon about the ehunitab to be used In treating the pramiaes By pamitsing the treatment, Cusmma auuma lit risk and waives
any aid All olelms egaMa Chat Company In Connection with such aaaddieby or condition. At your request, the Company will provide Information about the chemicals to
be wed in taming the promises.
Sedios XUL ASSIGNABILITY. This Agreement is tmndamblo to a now awns of tits pro" located at the Service Address provided dual the view Owner of the
Property amen into an Inundation and monitoring ogreamont with the Company. The Company reserves the algid to ohage o tronsfa fee, adjust rho amoral renewal
two, and ehango to two of this Compar 's obligations under this Asromont upon any such trmufer. Upon the elodng of tie:ale of der properly located at the Service
Address." Agreement willtantiaato.
Sedtas XIV. ENTIRE AGREEMENT AND SEVERABiLITY. This Agreement and to etached graph mmltuto die entire agraarront between the parties.
Customer expressly warrants and represemus tat, in entering this Agreement. Customer is not rolyine on any promIm agreement or oatmeal, whether and at wwiffm
Wes is not expressly and fully ad faro is this Agreement, Vary part of this Agmement Is held to be invalid or umrtformeble Ibr any remain, the remaining arms and
mrhditiow of tale will ramdn in full Cocoa and aRea Tho,tar s of the Agreement mod he oln may am be amended or altered unless o written charge is
approved and siy�Corporate OBlea of Company. No other ompfayra or agents of Company have eutlheriry, to amend or xila any pan of this Agrammt.
Psavlded, hoax . dun es ro the poregroph on ARBITRATION, If the sentanco precluding the abimuor from CoaduaMg an mbftralon proc:eding as is erase,
mepresmtmlva or private omomoy general action he found to be Invalid a ancofamablo thin the entirely or the ARBITRATION paragraph shall be deemed to be
ddetad from this Agtmmonl.
Sallon XV. ADDITIONAL COMMENTS.
Smtlom. Nandi and Bdmbo an, restsamd tadm»ks otboir Ajyolidences LLC p29t63M yr1J
O Hamdfam ha Ddimsu lea 2a U