HomeMy WebLinkAboutTermite treatment (3)Contract Terms and Conditions
i. PERFORMING WORK Company agrees to perform in a workman -like manner. Company will exercise reasonable care while
performing any work hereunder to try to avoid damaging any part of the structure, plants or animals.
Company will be responsible for the patching of holes which occur as a result of drilling to provide treatment. Company cannot be
liable for matching texture or color of surface or surrounding surface which is patched or filled.
Company will use due care but will not be responsible for tile, flooring, wallpaper, paint, or any other floor or wall covering damaged
as a result of treatment.
2. RENEWAL FEE & INSPECTION This contract may be renewed on an annual basis for up to four (4) additional consecutive
years. Non payment of renewal fee within thirty (30) days after renewal due date will be construed as non desire to renew and result
in cancellation of contract. This contract may be reissued after the complete five (5) year term at an agreed upon fee payable to com-
pany by contract holder. Fee will include any required re -treatments which are necessary to continue protection. Company reserves
the right to perform a visual inspection of structure annually at time of renewal. The inspection will be of readily accessible areas only
for renewal purposes and cannot be used for the purpose of real estate transactions. In the case of a multi unit structure, all unit hold-
ers must renew warranty in order for structure to maintain termite warranty protection.
3. CONDITIONS CONDUCIVE TO INFESTATION Customer agrees to provide full cooperation to company during the term of
this contact. Customer agrees to maintain the property in a general non -conducive manner, meaning free from plumbing leaks, win-
dow leaks, or direct wood to soil contact. Company reserves the right to terminate this contract if it is discovered that customer fails
to correct and allowed or allows any of the above conditions to persist thereby contributing to the potential of or actual infestation of
termites. Construction defects not known to company at time of original treatment which may violate building codes such as, but not
limited to, direct wood to soil contact or concrete formboards left in place, may render treatment ineffective and thereby void war-
ranty.
4. ADDITIONS OR ALTERATIONS Customer agrees to notify company in writing prior to any structural modifications, additions
or alterations or if soil is added or removed from around the base of structure. Company may require additional treatment is specific
areas as a result of any of the the above. The cost of these treatments will be payable by customer and may require an adjustment in
the annual renewal fee at the option of the company. In the event that customer fails to notify company of any modification or addi-
tion including those noted above company reserves the right to terminate this contract.
5. DAMAGE Company will not be responsible for any damage caused by or as a result of or related to any of the conditions
described in paragraph three (3) noted above. Company agrees to repair any termite damage where live termites are found upon
inspection by a company representative. Company's repair and retreatment obligation is limited to $1,000,000.00 for the term of this
contract. Company's obligation to perform under this paragraph shall arise only if all of the conditions herein are met. The compa-
ny's obligation is during the term of this contact only and not for discovery of damage or infestation after expiration of this contract.
&. DISCLAIMERS Company's liability under this contract will be terminated if company is prevented from fulfilling its responsi-
bilities under the terms of this contract by circumstances or causes beyond the control of company. Company's liability under this
contact will not be enforceable until payment for original treatments (services) have been received in full. There are no guarantees or
warranties expressed or implied, except those specifically stated herein. There are no warranties of merchantability or fitness for a
particular purpose.
7. BINDING ARBITRATION In the event of a dispute between company, or its employees and customer arising out of or relating
to this contract, including but not limited to the interpretation of the terms and conditions. The making of this contract, or breach of
any provision of this contract, the parties hereby expressly and mutually agree to submit their dispute to binding arbitration for reso-
lution in accordance with the rules and requirements of the American Arbitration Association. Both parties understand that as a result
of this agreement they are effectively waiving their right to trial by jury as a means of resolving disputes.