HomeMy WebLinkAboutMW-15 Termite Agp►- THIS AGREEMENT PROVIDES FOR
HomeTeam f� % / RETREATMENT OF A STRUCTURE
DAMAGES
PEST I" r I n S r f� _/ )( CQ� CAUSED
ED REPAIR D TROYING
/ `/ �� {{ CAUSED BY WOOD DESTROYING
ORGANISMS WITHIN THE LIMITS
STATED IN THIS AGREEMENT.
Account No,:
AGREEMENTFOR TIIE INSTALLATION AND MONrITORING
OF THE SENT RICONU COLONY ELIMINATION Swrr;M FOR NEW CONSTRUCTION
Section 1. GENERAL INFORMATION.
Nalnc:G-y_J� G4D „ni/ �t
Service Address: —
city. j!=W72DZ
State: ____ Zip
Loratwn of '1'rcalntent Sticker; Panel
Linear rootage of Stmetun$s): 2 10
Billing Address jt�Ou - Li MClt-lJ'TJf_ ( lL P—L
City: 2; ! -I Yt }I.
State:.__SL _ Zip Coder
Work Phonc:33a_%_L_1- I_1 t I
IYcatmrnt Type: 1 Concctivv d Preventive
Section 11. SERVICE COMMITMENT,
IlonutTeam Pest Defense, Inc. (the "Company') will, in compliance with applicable federal, state and local Incas, rules and regulations
A. install the Scntricon termite bait stations (ihc "Stations"1 in Na suit around the perimeter of the structuri°(sy (sec intaibcd graph) located at the Service Address
above (the "Structurally") rst the installation rev of S 315 .
B. Walter the Slitters in accordance with the label directions fifr a period of twelve (12) months immediately f'ullow•ing installation of the Stations ror an annual
ree ors 200
C. Total cost for the first year of Installation and Monitoring S 525
D. The Annual Renewal Fee after the first year S 400.00
E. During the monitoring period, add and reactive Rernditi: termite bait from the SAuuan,a as appropriate:
F. During the monitoring period. maintain all Stations in serviceable condition;
Section III. CUSTOMER UNDERSTANDING Or PERFORMANCE OF SENTRICON SYSTEM.
(customer understands that:
A. 11; Scntricon System involves installation and amutltorinit colony cliniinotion with Recruit icnnile halt, amid sullsequvm ntvnnoring fur vonlinuous protection
from new tcrn(ic colonies
B. intervals of from a low weeks to more (Iran n year should be expected between:
i. Installation orthe Sentricon stations and sufficient icmt0enciivily ill allows the addition of Recruit tarmac bait; and
ii, Addition of Reci:til termite Twit.
C. During the interval(s) bclocen installation of the Stations and aunplvly elialinalian or existing ternlito aJt+nws, tenuitc feuding within the Structures, possibly
involving additional structural danwga only occur. Additional services such as spol upplicalions of oum•cnlunal tennitrcides are available to combat termite
acivtp on a loctilizvd, slmr-kill basis 11'driaNd. bill are tint heeded for aml wilt not contribute In terinite volo ly elimination.
1). Ilse active imgredicnt in Ne Sentricon System malt insect groulh regulator (11eemh) that prevent.% uorkcr icnnkcs from molting. (Molting is critical to colony
survival.)
I« In tests that it conducted oil RcentII. Ulnv Atwo Sviumvs LLt . 111c maRalactnrcr of Rcvn,it. ahsen ed ev:dowc n1vrry^ how fvvels of mantinrlinn toxleity arty ad
very high levels of exposure.
F. 'Treatment is provided against Ihv anuek of mhirnaneam tcntliws ptenculitemncs .pp.. I lerrnnernes spin, and ('uptntcrme" still. (Femloson). '111s Agrecmcrit
does not provide for die treatment of any ollier pests, plan6 alliutal of organkill other thin +uch termites *ilia Company has lint inspected or Ircawd the
structure(s) for licallh-related molds or Ibagi. By taw. the C.111ro ty IS not qualilied. autimnred in licensed to inspect for lic llh-related molds or tbngl.
Co. The Company makes no ruguiJing the exucl location or number of imp existing termite rnloulcs.
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands that:
A. 119 Scttlrican System and all of the components of ihc Scnricon System ("Complacence) have been designed by Dow AgroSciences I.I.C. The Components
are and will retrain the property or Dow AgroSeicnces 1117. Caatomer has no rights will, respect to any of the Components, other tlmn the right to their use as
installed by ihc Company on the Cuslomces premises undo this Agreemenl.
11. Oa expiration or termination of this Agreement, the Company and Dow AgroSciences I.I.C. or their respective representatives are autborized by Customer to
relieve from Cusmntce,; premises the Station and other Components for appropriate disposition. in addition, if the Company, for whatever reason, ccases to
represent or to be authorized to represent the Sentricon System.
I. Tile Company will:
a. So notify Customer,
b. offer Customer the alternatives of c nhcr abing a dilicrcni local of tcmiitc proiccdon or t011111 Ing this Agreement;
C. Credit the Customer for services puid for hilt not yet received, if appropriate:
d. Refund to ilia Customer an amount ritual to the fee liaod I'or services not yet received d' Customer elects todisnmtinuc the relationship, or ache
Company cannot offer in crfcctivc adlcnntiv Coma of lornitc protection; and
e. Retrieve, or allow Dow AgroScicnces LLC' or its representatives remonahlc access to the premises for the retrieval of the Components; and
d. Customer will:
a. Grant ill,: Company :mJ Dow AeioScfcnccs I LC' or their respective representatives reciscmuble access to the premixes for the retrieval of the
Components: and
b. Either agree with the Company on the use of an aitemauvc form of tenniw control or tern iaaic fhs Agreement.
PAYMIt\T MIrrHOb. ❑ Cash 7 Check U ('reJm Cord
If paying by etodit curd or recurring rtcba tram your Not; acroam. tit—:.wmpietc the allachcd .%%III rteaumt rot Pau Aoranged I+aytnenl,
This Agreement contains certain lim(tatious, conditions and vcclusirns all the Coulprrvb ilbpgatiall, Pteasv read lite entire Agreement before signing.
in consideration for the Cfmfuny 1wrlorming the sc+vtec" spvoiivd abovv and subject to :hc wills mtJ cu+iduiort. of the Agmincnt. cu,'tomor agrees to crake the
pays nvnts indicated above. Ct w nio avknowlvdgex receipt of a :igu:d copy of Nix Agreement. llts Alireamcnt is not binding oa the Comlruny until signed by an
autwrzed manager or executive n$ic • of the Cuotpul"
CUSTOMEIr, HOMETEAM PEST DEFENSE. INC.
Signature: Signature:
Printed lgantu�S,:.�1,J �,,, Ken Colabella
—1—z '�_ _.._ Printed Tame:�_____
C:nceiiwr Date: upon documented installation
^._._
RIGHT TO CJLN' t.'1.: YOU, TILE C(.S 041r• R, MA )'CA NCI., I. TII/S TRANSACTION AT ANY T1:11E P1(JOH TU .tI/ON1GR'IOF THE THIRD BUSINESS
D. t 1'.1(7ER 77W DATE OF r11/S rR bY.SA CTIOA: St.-li TIIP..ITT.ICIIED NOTICE OF CLYC'F-I.4.1 r1ON FOR AN EXPLANATION OF TIIIS RiG117*.
"iK REMOVAL OF T)IF. BAIT Oil IfAfrING SYSTEM MAY RKSUt:r 1N A LACK OF'TER}SITE PROTECTION
S nlneon• Rcenot and I(aitube arc taytacred trademark,, willow AgroScmum, I.t.t'
n 1h+mcTccm (52436 SYR) 3113
Put Wremr, bra. 3al,v
Section V. CUSTOMER COMMITMENT. AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agmes to be solely Xspautibk for
naaattaining ?reefed Premises free iinm any condition conducive to t+enctte info odan ("Condhions Conducive," sac below for expo)• The CtisWWI,W,o
fire
to be sohdy ere ible for idamifying and cormetatg Conditions Candsdve. The re�amsi ANY rests exclusively with the Customer. mat with the Camrpamy. Failure of
the Cattmp:rmy to Wien Customer to any of the above conditions flocs Gal altar Custo sees responsibility under this Swilaas. In addition, that eximange of amy Conditions
Comdadve that was not timoly commend. including my Conditions Conducive axisting but not visible at the time of the execution of this AgrOcmtenl, will pdxrtsit the
Comappy, at its sole diseratcan. to terminate that Agreement or to 10*d a, Custotucr to Purchase any "innd treatment required as a mutt of the Conditions
Coitdticive. Customer agrees to fully 000perata with the Company during the term of this Agreemetal and agrees to maintain the grea(s) baited five from such
Cond€tsaas Conducive. Other, specific items may be anted below in Additional Contnmeats (Section XV).
CONDITIONS CONDUCIVE: Conditkns Condacive include. but an not limited to, war looks. improper Ventilation, faulty plumbing. and water leaks or iaausios in
or Wound the struuca= id mu structural problems. including. but net limited to, wood to pound contact, mososary iailurm, and sculcro l of the hundatie% foam
itmdatim stucco construction. expoded polyu or Pyl0lbom ,molded fouundatiom system. siding (including viayb wood and ratoll if within 6 itches of the
gnsund; odds or oche:: protective ground covering; and firewood, leash, lumbar. wood. mulch. shrubs. vines. and other protective ground covering if wlthiim 6 itches of
casmua t with aucture.
This Agrca
Secdan Vl. ADDITIONS~ ALTERATIONS. AND OTHER CHANGES. xamait Dover: that Stradctuac(s) ictmtiRed in Section as of the date of do Initial
installation. Cyr will immediately notify the Company in writing (1) prior to the Stnictunrc(s) bating strauciaurany mudificd, altered or otherwise champed. (2) prior to
any tambicide being applied on or close to the lacetion of any station, (3) if suit is racoveed or added wound the foundation of the Stratuov(s) or (4) any u mpeft of
baiting a pipment a supplies occurs. Failure to notify the Company in writing of any event listed abos'e may void the Agreement. Additional services rmgtared by any
additim idwration or other such event may be pnn'id ed by the; Cwtgwny at Csnctoa►wes cxpLug. and may mquire an adjument is the renewal lac.
Seedan V11. DAMAGE RELATED TO SERVICES. The Company will exercise dude care whslc perru mng cervices hereunder to attempt to avoid dsumgiug any part
of C "sProperty. plants or animals. Lemke no circumstaum will the Company be r apansible fat damage caused by the Company at the ti= the world is
"fomsed, Accept those damages resulting from Was ategligenue of the Congow. Custonter is responssbk. at Customers sole expense, for refrubbbimg Cbstomeft
prapuV( mg lawn mad bnbppc) after imstg>ZW= of &O Staitiotas•
Sdddoa VIL REPAIR AND RETRZATM04T OBLIGATIOPL Conomer fold* . Subject to the genera: trines and caseditions of this AgmemeaL if an
imfogation of srdtterramaaa lonitas occuss is the treated atruem o(s) &Xkg tic temp of this Agraernent, the Company will retreat the area of iafatation at so addition1
dna:gc. to a:dditiaas, subject to the goad t to an and eon trances of this A l�csser ohfe i � 800 or (11) the r* t�aarkwin repair, at its cog. rt mft of Ow w teratite �edt d�?.�0.
The Compaso out hiatdtlty will not exceed In nay are calendar year
S i XOMO in the aggregate over the tart, of the Agreement. indgang moo and r=ra:ls.
1. Customer expressly waives any claim for aescoadc. eompenscamaY. or camsealctramtial damages relating to the existence of Subtcr t termites orSubuxraimean
tandle, damtage or for itwoosod costs. tom of use, bussnm ss into rruptian. dimi ,adieu of value, or any "atigi ne daanage due to the presmicc of Sabienamega: tamdtcs ear
termite dantagc. The Cuaesmer aciadawledgrs that the Camnpany is psrt'amail:sg a service and except for terntita damage srpants set forth above and gay
dammgc to the sttuetttt+a eavxd by that Company Im that pa:rforsaaex of its servkcs, Omeater waives any chasim fur property . mad �; bast under rat
circumstances: shall Companybe hold liable for any amount greaata than tie anaotuit paid by tier Customer to Company for rid termite acrviee to be perfotttmad
2. Du to subterranes:a termite habits, termite activity may etettttlatu to be present In a structure far a period of time Mlowimg treatment. The Company is not
rile for repairs of taolstarra:tteaa ten,lte demur that occurs before the repair porddnas or flu warranty beeomsas effective:.
3. The Casagano abli8ation to repair termmlte dammage will become oft'aadve Mott the earlier of (i) elimination of the colony or colonies located on or about the Service
or (9) did first anniversary of that installation of the ShttWL Colony dliminathm"be deemed to new wh u, L following two conseewve moaft of tormika
feeding on Recruit termite bait In an or more tertm"ste brut stations located at the Service Address, tho Company's technician is uunble Io locale, for a period of throe
consecutive service; visits to the Service Address. any live termites its any ofthe termite bait stations located at the Service Address. If new damage. as evidenced by the
presence of tier tam bed, oceans while the Company's obligation to spate termite damage: is im force, following written ndxircation from Customer and ass matt by
tic Company. *a Cerny agrees to rchubursc Customr for the reasonable cost of the repairs. but amhy to the extant that the total reasonable, cost of suds repairs is
less than $200.000 in my an Wadar year.
4. Subject to the remaiairng projelsk ms of this Section Vlil.d. Customer will be entitled to select the contractor who will perform the toeded repair's to the trotted
rttructuro(s). Prior to datetitag into a contract with a Contractor. Custonur agrees to provide dCe Company a copy of the proposed contract or written brat. If thce Company
determ im the bid to be excessive, Customer arm to great access to she treated structure(s) to a contractor designated by tic Company for the pueposa of obtaining a
smatnd bid for firer wank. in rases whore there an multiple bids for repair %%v k. Couuncr adcuaswltedgcss that the Company r+rscm-s the right to select to 00utractot to
perform the repairs.
S. 'the Company is so responsible for the repair of either visible damage (nioted on the aittached inspection graph) or hidden dadamge existing as of that ehhtc of this
Agreemnt. The Company does not guarantee that the damp disclosed an the attached inspection graph npre�cnts all of the existing damage arc of the date of this
Agreement. The Company will not be responsible for (1) any damage' carved by termites to the treated structur0s) or the rearward 1hered arbtag prior to or
fonarring that term of this Agrramsrat or (2) any costs or expenses incurred by Customer as a mutt of any such daamgp. Customer waives an Claims for
damage to the property ar people that may resent directly or indintUy from services provided by the, Con> may. with the sole exception of claims for domaW
due to rite gross oeg%aaro of the Company =&or Us employee& t s conditioned a Cuistotttds payaneat in fall of fife prier set fottlt in Section U
SatctEat IX. PAYMENT. The: Contpa,y's obligation to pafoan miser this Ato immediately terminate to its adir�ety and the Cry vn'n be
above. Custom ees flailure to pay stab price in fail] will cruse this A
of all Iiability All amounts Way will became tic Prtapesty of that Compsnn)► as hiepddatead danmagas tta+ermdar. •Chu im:�tl� fax it; eke and paysb!-
aof the initial savioe. The Rowel fee is due and payable upon receipt of invoice, tnvolcm Clot are net paid within thirty (30) days of the bnvoree dole VAR
aamm intense on the unpaid baloca ant aeat-equal to die terser of 1.5%per afro& (18% per yaw) or the maximum rate allowed bylaw. to the t� l�actioa�
necessary to collect any amtott at due the Coaarpat:ny, the Cry win be entitled to r+ee,aver from Customer all casts of caileetio:a, imdaxl#ng
in additim to all autstaudlmg amounts due the company. that the itm " term of this Appcment will be for twelve (12) months and will be
Section X. TERM. Undass otherwise spedflrally provided harim. the MiesAgme
automWcany mowed oat an anntml basis. for nun a:dditio=l twelve (12) month pajA for a maximum of four (4) additional twelve (12) month periods, following the
initial tam upon payment by Customer of the fee indicated in Section 11.13. of this Agreement (subject to adjustment as provided in this subsecdoa), unless ebw PUtY
v the other panty wrtttcn notice at least dtitty (30) clays ham' to the dxid of that then currant team. This Agreement any be terminated by the Comt}sny or
coeds by gu mg to sudds termination. At drat and of that five (5)
by Cusuaw. at any ante fallowing the initial w mm. upon written notice to ,hie e:ttmer party at test thirty (30) days 1
year period dw service may be mowed annually with the mutual eaarsem of both parties, and. dwreoftm either party atuy terminate floc service with w:iuem n edec at
least ddity (30) days prior to the and of the then eurru:mt tam. The Commpany "semcs the righat to increase the price of servicc. 'Phis Agreement may be umttmated by
Customer by providing written notice to rho Compar►y within thirty (30) days following receipt of the smarted of incnam OR _ OTHER
Section XI. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF O TORT
D 114G TO THIS STATUTORY CLAI�A CMS FOR
AGREENOT BOWEEN THE PARTi&S, INCLUDING BL'T 10T LIMITED TO A.vY
PERSONAL INJURY OR PROPERTY DAMAGE. SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS 711E PARTM AGREE
OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE COA:MERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") Ott, 1F APPLICABLE, IT SHALL BE DETERMINED UNDER THE AAA PROCEDURES FOR CONSUMER -RELATED
DISPUTES. Tilt PARTIES EXPRESSLY AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW. INCLUDING THE
TERMS AND CONDITIONS OF THIS AGREEMENT,% AND THAT ANY ARBITRATION PROCEEDING E�THIOR INVOLVING ILL 1401iBE
CONSOLIDATED OR JOINED WMI ANY ACTION OR LEGAL PROCEEDING UNDER A.OTHER
OT
PRE.MISES, AND WILL VOT PROCEED AS A CLASS AC1'1011i, PRIVATE. AT1'ORGENERAL ACTION OR SIMILAR REPRESENTATIVE
ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRATOOS. xND THE REQUESTING PARTY SHALL BE
RESPOA'SIBLE 11?OR THE COST OF Tilt ADDITIONAL ARBITRATORS. EmiER PAwry mAY dtIsQUEti'T AT ANY TIME PRIOR TO THE
!TEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWAR I RE RENDERED
B ORIGINALEARBITRATORS) AWARD SIL4 7' BE
FINAL AND BINDING Old ALL PARTIES, EXCEPT THAT EITHER PAR bIA1 i • � t HE RFSppvSIBLE FOR ALL APPELLATE
ARBiTRAL APPEAL TO A THREE MEMBER APPEAL Ttt,AN
suNAL. THE APPEALING PaK ry S1tA1.. •
ARBITRATORS) FEES AND C0.4'i'S. THE APPEAL TRIBUNAL Sit SHALL RF.VIE�BE FIV ALL NAL AND BINDING. OF JUDGMENT MHE UNDER_ ON
ERRONF.OU5 STANDARD. THE AWARD OF 171E APPEAL TRIBUNAL
THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF• CUSTOl1lF.R AND1 COMPANY COMMERCE �G SAND HALA GOVERNED
ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING
BY TIIE FEDERAL. ARBRTRATION ACT. _ of the ttcekd zarttemee
Sattom XII. CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. if Customer believes that Custontcr or other ticiedea or their odors,
au+e or may (A) be sd:msitive to pestic�dos or their odors or (9) have other health conditions dust any be affected by pas '
Company rocommceds fiat you ,tat have= an initpt at a subsequent service perforated et your pretmises =dI you have vriada Y Fes- '
Cry g Pre By pernduing the corm d, Ctastonuer Sacs =eta risk mad waives
will baformation asbesit flu chcmicats to be used its treating chat tmirxs.
any and all claims ag•sunst dui Company in comaeeeiam with such sensitivity Or condition. At your rcgmt. the: Company will provide infommiaas about tie: chemicals to
be used is acatimg the premises.
Section XIII. ASSIGNABILITY. This Agreement is transferable to a stow owner of the prrspaty located at alas Service Address provided that flu, aew owner of e
pr pe�ty eaters into an inuallation and monitoring agroearcat with floc Company.
The Company f�a the the right
t to ufthene sak�tkr propaxty located at flan SM Aug the A011011 �
rate, mad change the terns of the Company's obligations under dds A� vl� 80Y such tam Iw
Address. this prccuumt will 90103i " t and the attached graph constitute the entire agreement between tine parties•
Seatloa XIV. ENTIRE AGREEMENT AND SEVERABILITY. This � ur � whethe r oriel or writteat.
C expressly warrants and represents that, In canning this Ate. Customer is not relying cis any promme aga►eeaneat
tat is ad and f'islly set hub in this Agmemment. if any pot of this Apmrxat isat held to be invalid at uimeriforceable for any rcaaom, � �g tat �
cesmditio:s this Aft will reinain in iisdl feted wind efrex.t The terms of tho Arnmeni staved herein may ra be armanided or aberesd unless a written ahanga is
a�ppsoved and signed by a Corporate Officer of Company. No other cmploym or agcnta of Conspaay have Aldux ty to aduend ahem many path of this Agaeaasexat.
Provided. however, that as to die paragraph on ARDITRiVnON. if the sentence precluding the arbitrator f om conducting an arbaratsan Q8 as a class'
wmvu ear ram -am
attwm-y general action is found to be invalid or unenforceable then the entirely of the ARBITRATIOM pangapli shall bat: domed to be
deleted from this Agreem:aa.
Section XV. ADDITIONAL COMMENTS.
SesMeosa. Rem* mad Biisabe ante re ea+ad arsstaaaub of Date Agic&imea LLC. t329R6 ova) art 3
a 11CWTe, M Pea Defense. Inc. 2013