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HomeMy WebLinkAboutMW-61 Termite AgQ THIS AGREEMENT PROVIDES FOR HomeTeam PEST DEFENSE' ' ✓ ( _ �r 1 7c v RETREATMENT OF A STRUCTURE AND THE REPAIR OF ES CAUSED BY WOOD DESTROYING dJ ORGANISMS WITHIN THE LiMITS STATED IN THIS AGREEMENT. Account No.: AGREEMENT FOR THE INSTALLATION AND MONITORING OF THE SENTRiCONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION Section 1. GENERAL INFORMATION. Namc:& Z -— Smice Address' 0--- City. State: FL Zip Code: Billing Address - No o nil !.) L, City: t- l Ini?- State: FL Zip Code; 4Q Home Phone: Lucxtic» ul'1'rc:nUnent Slicker: Pant.[ _ WOf1C Ph011l. LincarPilotage at. Slructure(sL210 TreatmcniT pc: ❑ Corrective 0 Preventive Section 11. SERVICE COMMITMENT. llomeTeam Pest Defense, Inc. (the "Company") will, in compliance with applicable federal, irate and local laws. rules and regulations: A. install the Sentricon tennitc bait stations (the "Smuions' n the suil around the perimeter of the structure(s) (see attached graph) located at the Service Address above (the "Sinncture(s)") for the installation fee ol'S_i15 13. Munhor [lie Stations in accordance with the label directions for u period of twelve (12) months immediately fallowing installation of the Stations for an annual fee of S 200 C. 'Total cost for the first year of Installation and Monitoring S 525 D. Tltc Annual Renew al rec after the first year S 400.00 I:. During the monitoring, period, add and remove Rccrui k) termite bait from the Slatiins os appropriate: F. During the monitoring period, maintain all Stations in serviccable condinon; Section 111. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM. Customer uuderstmtds that: A. The Senlricun System involves installation and monitoring, colony clinrinution with Recruit lvimily ban.and subsequent monitoring for continuous protection from new termite colonies; B. intervals ref from a few weeks to more than a year should be expected bctwecn: i. Installation orthe Sentricon stations and sufficient temtite activity to allow the addition of Recruit termite bait: and ii. Addition if Reerail t(:mtite bnii. C. During ilia intervalls) between instullmiun of the Sunions and complvlc elimination of existing tennitc cilotiieS, termite feeding within [he Structures, possibly incolwing additional unictural danninc, mayoccur .Additional .ccro'iccs such :u .put uppliealiuns of Cunvemional Icrnsitcides are available to contb:n termite activity on a localized, short -terns base it dasirnl, innate nil needed for and will not contribule to tennitc ;idony clindostmut. D. The active ingredient in lbe Sentricon System is an insect gnm1h regulator (Recruit[ that prevents worker ternules from molting. (Molting is critical to colony survival.) E In tests that it conducted oil Recnul. Dow AgwSovnccs 1A.C. the nmnulacturer of Rearm[. obscr cd ex idencc o1 eery la's !evcis of nmmnnalian toxicity only al very high levels ofexposure, F. Treatment is provided against the mtack of subicrrancan ternutes (Reticulnen»cs sip. I icierotemics still. and Captowrnses spp. (Formosan). ']'his Agreement does tint provide for tile• treatment of :sty other pet^•h. plan[. animal or wl;aniaar whet than rich termites '1'hc Company has not inspected tar treated tlic structurc(s) for health -related mulds or 1'nngi. By law. the Cumrany is nut quafiticd, authvnzch of liccnscd tit inspect fur health -related mulds or fungi. G. The Company nukes no rcprexntuliuns regarding the cxuct location or nunibcrorally existing tarmac colonies. Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS. Customer also understands that: A. Tlic Sentricon System and all of the components of the Sentricon System ("Components') have been designed by Dow AbnoScicnces I.I.C. The Components arc and will remain ilia property of Dow AgroScicnces LLC customer has no rights with respect to any of the Components, oilier than the right to their use as installed by the Company nil the Custumer's premises under this Agreement. 13. On expiration or termination of this Agreement, the Company and Dow AgroScicnces I.I.C. or their respective representatives are authorized by Customer to retrieve from Customer's premises the Stations and other Components fir appropriate disposition. In addition, if the Company, for whatever reason, ceases to represent or to be authorized to represent the Sentricon System, I. The Company viit: a. So noul'y Customer; b. offer Customer ilia altenintives of either using a dillerent titan of termite protection or tenturuting this Agreement; c. Credit the Customer for services paid 1'mr but nil yet rccwivel, if appropriate; d. Refund to ilia Customer an nntoiml equal to the icc paid for services nut yet received if C ustomer elects to discontinue the relationship, or if the Conipuny cannot offer an effective alicinullve form of tennitc protection; and c. Retrieve, it allow Doty AgroScicnces LLC or it representatives reasonable access to the premises for the retrieval of the Components; and ii. Cwnnrmcrxvili: a. Grant the Company and Dow AgroScicnces I. LC' or Ihcir respective replescnnlivcs reasonitble access to ilia premises for ilia retrieval of the C'ompuncnis: and b. Either agree with the Company on the use of in alternative form of termite control it terminate this Agreement. PAYMENT S•IETIIUD. ❑ Cash 7 Check �J C'rcd!t (.',-I If paying by credit card or recurring debit from your hunk aaeount, please en,nplotc the amachcd Awl ;—nior. foi I're Air.mged Payments. This Agreement contains certain Ihnhations, conditions and exclusions on the Cmnji u,w', obligAirn.s. lilvau• read tint- entire Agreement before signing. In consideration for the Company perfumting the .... i •o sIncdicd aWvc :md snblco an :L.:out, au,i if lius :1_rrannent. ('ustomer agrees to make the payment. indicated above Cu,lonier acknow9edges receipt of a ,igucd copy of thne A;;uauient. 1'111: A)uertncm is not binding an the Company until signed by as authwrized niauagcr ur executive of f iv • oI.tile Cuntpmly, CUSTOMEW.' )i IIOMETEAM PEST DEFENSE, INC. Signature: t Printcd NantuV_v._�►�1-1_►Z .)..+—u _— Primed Name Ken Colabella Entail: t N QFiLs�_ �'(�n FflectivcDate:upon documented installation RIGHT TO CANCEL: YOU, THE CUSTOMER, .11,1 Y CANCEL THIS Tlf: LA:S':I ('TIOA':I T AA'3' TI;tIli PRIOR 'TO MIDNIGHT OF TILE THIRD RCISINESS DAI': I FTER THE DATE OF THIS TR: t N*S; l C'770.i. SEE' THA'' ATTAC HE'D VO77C'E OF C'ANC'ELLATION FOR :1 N E.Y!'LA:VATIOA' OF THIS RiGHT. '1'IIK REMOVAI, 01,''1'11E BAIT OR $AITING SYSTEM MAY RESULTIN A LACK OF TER?IITF. PROTECTION Scnuicon, Rccnia and Haiurbc are registered madcmarks ni Doty Agroscicnccs 11C r' Ilnmw7eam Pcsi Defense• lie. 291.1 (52936 SYR) 3113 Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS, The Customer agrees to be solely responsible for maintaining the Treated Premises free from any condition conducive to termite infestation ("Conditions Conducive," see below for explanation). The Customer agrees to be solely responsible for identifying and correcting Conditions Conducive. The responsibility rests exclusively with the Customer, not with the Company. Failure of the Company to alert Customer to any of the above conditions does not alter Customer's responsibility under this Section. In addition, the existence of any Conditions Conducive that wus not timely corrected, including any Conditions Conducive existing but not visible at the time of the execution of this Agreement, will permit the Company, at its sole discretion, to terminate the Agreement or to require Customer to purchase any additional treatment required as a result of the Conditions Conducive. Customer agrees to fully cooperate with the Company during the term of this Agreement, and agrees to maintain the area($) baited free from such Conditions Conducive. Other specific items may be noted below in "Additional Comments" (Section XV). in CONDITIONS CONDUCIVE: Conditions Conducive include, but are not limited to, roof leaks, improper ventilation, faulty plumbing, and water leaks or intrusion 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 styrotbarn 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 Structure(s) idcntiftcd 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) prior to any termiticide being applied on 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 Custonices expense, and may require an adjustment in the renewal fee. Section VI1. DAMAGE RELATED TO SERVICES. The Company will exercise due care while performing services hereunder to attempt to avoid damaging any part of Gustun:ces property, plants or animals. Under no circumstances will the Company be responsible 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 Customer's property (including lawn and landscape) after installation of the Stations. Section VII1. 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 strucntrc(s) during the term of this Agreement, the Company will retmat 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 structure(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 structure($), nor exceed S1.000.000 in the aggregate over the term of the Agreement, including extensions and renewals. 1. Customer expressly waives any claim for economic, compensatory, or consequential damages relating to the existence of Subler=c= 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'-. 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 (H) the: first anniversary of the installation of the Stations. Colony elimination shall be deemed to occur when, following two consecutive months of tcmdtes feeding on Recruit termite bait in one or more termite bail stations located at the Service Address, the Company's technician is unable to locate. for a period of three consecutive service visits to the Scrvicc Address, any live, termites in any of the termite bait stations located at the Scrvicc 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 ass inspection by the 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. 4. Subject to the remaining provisions of this Section VIIIA, Customer will be entitled to select the contractor who will perform the needed repairs to the treated structure(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 structurc(s) to a contractor designated by the Company for the purpose of obtaining a second hid far the work. In e.mscs where: there are multiple bids for repair work, Customer acknowledges that the Company reserves, the right to select the contractor to perform the repairs. S. The Company is not responsible for the repair of culler 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) any damage caused by termites to the treated structure(s) or the contents thereof arising prior to or following the term of this Agreement or (2) any costs or expenses incurred by Customer as u result of any such damage. Customer waives all claims for damage to the property or people that may result directly or indirectir from services provided by the Company, with the sole exception of claim 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 11 above. Customer's 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 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 (18% per year) or the maximum rate allowed by law. In the event that legal action is necessary to collect 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 I1.13. 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 te. nt. This Agreement may be terminated by the Company or by Customer, at any time: following the initial teems. upon written notice to die other party at least thirty (30) days prior to such tcnnination. At the end of that five (S) 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 end of the them 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 Customer's 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 COMMERCIAL 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 AGREE'NIENT, 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: ATTORII':Y GENERAL ACTION Olt SIMILAR REPRESENTATIVE ACTION. EITHER PARTY IIAS TIIE: RIGHT 1'0 REQUIRE A PANEL OIL THREE (3) ARBITRATORS, AND 'TIIE; REQUESTING PARTY SHALL BE RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY INIAN' REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY plE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON ALL PAltl'IES, EXCEPT THAT EITHER PARTY MAN' WiTHIN 30 DAYS ()F'I'llE ORIGINAL AWARD REQUEST AN ARBITRAL APPEAL TO A THREE: MEMBER APPEAL TRIBUNAL. THE APPEALING. PARTY SHALL BE RESPONSIBLE FOR ALL APPELLATE ARBITRATOR(S) FENS AND COSTS. THE APPEAL TRIBUNAL SHALL REVIEW ALI, 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. ION INVOLVINGl NTERSTATi:. COMMERCE AND SHALL BE GOVERNED CUSTOMER AND COMPANY ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION 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 arc or may (A) be sensitive to pesticides/termiticides or their odors or (S) 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 X111. ASSIGNABILITY. This Agreement is transferable to a new owner of the property located at the 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 terms 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 tams and conditions of this Agreement will remain in full force and effect. The terms of the Agreement stated herein may not be amended or altered unless a written change is approved and signed by a Corporate Officer 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 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 entirely of the ARBITRATION paragraph shall be deemed to be deleted from this Agreement. Section XV. ADDITIONAL. COMMENTS. Sentricem, Recruit and Saitube arse registemd traetemarlo of Dour Astasciencec LLC. (52986 SYR) 3/13 01lomeTcam Pest Deic» se. Inc. 2013