HomeMy WebLinkAboutMW-4 Termite A.THIS AGREEMENT PROVIDES FOR
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RETREATNIENT OF A STRUCTURE
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AND THE REPAIR OF DAMAGES
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ORGANISMS WITHIN THE LIYMITS
STATED IN THIS AGREEMENT.
Account No.:
AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section I.GENERAL INFORMATION.
Name:Gf-BC \ GRO 14mel, .
Service AddressM5 60,01192 Labe.
State:_2. Zip. Code:____
Location of Treatment Sticker: Panel
Billing Address!(--) Rid0 M.CGIC-Ci L PA -
City: 1 r A-
State:F L Zip Code:34
494
Home Phone:
Work Phonc:'11 91 1-1 i
Linear Footage of Strueture(s):21 Q Treatment Type: ❑ Corrective 0 Preventive
Section II. SERVICE COMMITMENT.
HomeTeam Pest Definite, 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 soil around the perimeter of the structure(s) (sec attached graph) located at the Service Address
above (the "Structure(sp) for the installation fee of s 325
M 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 200
C. Total cost for the first year of installation and Monitoring s 525
D. The Annual Rcttcwal Fee altar the first year Sg00,00
E. During the monitoring period, add and remove Rccruii to termite bail from the Stations as nppropriatc;
R. During the monitoring period, maintain all Sint tons in serviceable condition;
Section III. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Customer understands that:
A. The Sentricon System involves installation and monitoring, colony elimination with Recruit termite bait. and subsequent monitoring for continuous protection
from new termite colonies;
B. Intervals of from a few weeks to more than a year should be expected between:
i. Installation ofthe Sentricon stations and sufficient termite activity to allow the addition of Recruit termite bait;. and
ii. Addition ofRecruit tormite bait.
C. During the interval(.%) between installation of the Stations and complete elimination of existing termite colonies, termite feeding within the Structures, possibly
involving additional structural damage, may occur. Additional services such as spot applications of conventional temtiticides are available to combat termite
activity on a localised, short-term basis if dcsired, but are not needed for and will not contribute to termite colony elimination.
D. The active ingredient in the Sentricon System is an insect growth regulator (Recruit) that prevents worker termites from molting.. (blotting is critical to colony
survival.)
E. In tests that it conducted on Recruit, Dow AgroSciences LLC', the manufacturer of Recmit, observed evidence of very low levels of nattimthan toxicity only at
very high levels of exposure.
F. Treatment is provided against the attack of subterranean termites. (Rcticublermcs spp., I Icicrotcrmes spp. and Coptotcmtcs spp. (Formosan). This Agreement
does not provide for cite trealment of any other pests, plant,. animal or organism oilier than such termites. The Company has not inspected or treated the
stmclurc(s) for health-relatnl molds or fungi. By law, the Company is not qualified. authorized or licensed to inspcet for hcalth•rclated molds or fungi.
0. The Company makes no representations regarding the exact location or number orally existing lermite colonies..
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customeralso understands that:
& The Scritriain System and all of the components of the Scntriclm System ("Components") have been designed by Dow AgroSciences LLC. The Components
arc and will remain the property of Dow AgroSciences I.I.C. Customer has no rights with respect to any of the Components, other than the right to their use as
installed by the Company on the Customer's promises under this Agreement.
B. Onexpiration or termination of this Agreement, the Company and Dow AgroSciences LLC or their respective representatives are authorized. by Customer to
retrieve from Customer's premises the Stations and other Components for appropriate disposition. In addition, if the Company, for whatever reason, ceases to
represent or to be authorized to represent the Scntricon System,
i. The Company will:
a. So notify Customer;
It. Offer Customer the alternatives of either using a different. form of termite protection or terminating this Agreement;
C. Credit the Customer for services paid for but not yct received, if appropriate;
d. 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 effective alternative form of termite protection; and
C. Retrieve, or allow Dow AgroSciences LLC or its representatives reasonable aces sa to the premises for the retrieval of the Components; and
ii. Customer will:
a. Grant the Company and Dow AgroSciences LLC or their respmlivc representatives reammable access to die premises for the retrieval of the
Components; and
b. Either agree with the Company an the use of nn .alternative form oftcrmitc control or terminate this Agreement.
PAYMENT METHOD. ❑ Cash D Check U Credit Card
If paying by credit curd or recurring debit from your bunk account, please complete theawwhed Authorization flu Pre -Arranged 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 svrviccx specified above and subject to fhc terms and conditions or this Agreement. Customer agrees to matte the
payments indicated .above. Customer acknowledges receipt of a signed copy of this Agreement. This Agreement is not binding an the Company until signed by an
anhorircd ntnttagcr or ex7il;�—
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CUSTOME HOMETEAM PEST DEFENSE, INC.
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Signature: r�.��(j(�� G� � � /: Signature:
PrintedNamcy K."i.../f i �..-J �ti- LjC-.....-..� Printed Name: Ken Colabella
Email:`` � eL%a unx'j �� Effective Date: upon documented installation
RIGHT TO CANCEL: YOU, TILE CUSTOMER, 'IM y CANCEL. TIIIS TRANSACTION ATAN Y TIME PRIOR TO MIDNIGHT OF ME THIRD BUSINESS
DAYAFTER THE DATE OF THIS TRANSACTION. SEE TIfE ATTACIIED NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT,
THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTECTION
Sennieon, Recruit and Baituhe ore registered trademarks of Dow AgroScicnecs LLC
0 BanuTeam Pest Defense; Ina 2013 (52986 SYR) 3113
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. The responsibility rests exclusively with the Customer, not with the Company. Failure of
the Company to alert Customer to any of the above conditions does not alter Customer's responsibility under this Section. In addition, the existence of any Conditions
Conducive that was not timely corrcctcd, 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 term of this Agreement, and agrees to maintain the areas) baited free from such
Conditions Conducive. Other specific items may be noted below in "Additional C. onimerrtts" (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 Structurc(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 Structure(s) being structurally modified, altered or otherwise changed, (2) prior to
any termiticide being applied oat or close to the 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 Customers expense. and may require an adjustment in the renewal fee.
Section VII. DAMAGE RELATED TO SERVICES. Tile Company will exercise due care whalc performing services hereunder to attempt to avoid damaging any part
of Customers property, plants or animals. Under no circumstances will the Company he responsiblc for 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 Customers
property (including lawn and landscape) after installation of the Stations.
Section VIII. 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 structure(s) during the term of this Agreement, the Company will rctrcut 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 oucture(s).
The Company's total liability will not exceed in any one calendar year the lesser of (i) S200.000 or (ii) the fair market value of the treated siructure(s), nor exceed
S 1.000.000 in the aggregate over the term of the Agreement, including extensions and renewals.
1. Customer exprealy 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 "stigma" 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 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 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 (ii) the first anniversary of the installation of the Stations. Colony elimination shall he deemed to occur when, fallowing 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 three
consecutive service visits to the Service Address. any live termites in any of the termite bait stations located at the Scrvim 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 reasonahlc cost of the repairs. but only to the 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: t. 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 access to the treated structures) to a contractor designated by the Company for the purpose of obtaining a
second bid for the work. In case% when there are multiple: bids for repair work. Customer acknowledges that the Company reserves the right to select the contractor to
perfapir 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 discloserd on the attached inspection graph represents all of the existing damage as of the date of this
Agreement. The Company will not he responsible for (1) any damage caused by termites to the treated structure(s) or the contents thereof strising prior to or
following the term of this Agreement or (2) any costs or expenses incurred by 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 Customers payment in full of the price set forth in Section II
above. Customers failure to pay such price in full will cause this Agreemcnt to automatically and imanxliatcly laminate in its entirety and the Company will be
discharged of all liability. AD 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 arc 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 (180/9 per year) or the maximum rate allowed by law. In the event that legal action is
necessary to collm 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.
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 11.11. of this Agreement (subject to adjustment as provided in this subsection), unless either party
cancels by giving the other party written notice at least thirty (30) days prior to the end of the then current term. 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 the end of that five (5)
year period, the service may be renewed annually with the mutual consent of both panics, and. thereafter, either party may terminate the service with written notice at
least thirty (30) days prior to the end of the then current farm. The Company reserves the right to increase the price of service. This Agreement may be terminated by
Customer by providing written notice to rite Company within thirty (30) days following Customers receipt of the notice of increase.
Section XI. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER
AGREEM NT BETWEEN THE PARTIES, INCLUDING BL'T 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 HE 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 OTIIER AGREEMENT OR INVOLVING ANY OTHER
PREMISES, AND WILL NOT PROCEED AS A CLASS ACTION'. PRIVATE: A'I I'ORN'E V GENERAL ACTION' OR SIMILAR RE:PRESENTATiVE
ACTION. EITHER PARTY HAS THE RIGHT 1'0 REQUIRE A PANEL OF THREE: (3) ARBITRATORS. AND THE: RE:QL'ESTINC; PARTY SHALL. BE
RESPONSIBLE FOR TIIE COST OF THE ADDITIONAL ARBITRATORS. E:l'111E:R PARTY MAY REQUEST AT ANY TIME PRIOR TO THE
HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPiNION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE
FINAL AND BINDING ON ALL PARTIES, E:XCE n THAT EITHER PARTY MAN' WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN
ARBITRAL APPEAL TO A THREE MEINISER APPEAL TRIBUNAL. THE APPEALING PARTY SHALL BE: RESPONSIBLE FOR ALL APPELLATE
ARBITRATOR(S) FEES AND COSTS. THE APPii:AL TRIBUNAL, SHALL REVIEW ALL QUESTIONS OF LAW A.`'D FACT UNDER A CLEARLY
ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SIIALI. BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED O`
THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND COMPANY ACIGYOWLEDGE 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 pesticides/termiticides 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 XI II. ASSIGNABILITY. This Agreement is transferable to a new owner of the property located at tits Service 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 teems 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 effect. The terms of the Agreement stated herein may not be amended or ahead unless a written change is
approved and signed by a Corporate Offrccr 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 shell be deemed to be
deleted from this Agreement.
Section XV. ADDITIONAL COMMENTS.
Sentriew. Recruit and Baitube are registered trademarks of Dow AlpoSciencec LLC (529s6 SYR) 3113
v ItomeTeam Pest Defense. Inc. 2013