HomeMy WebLinkAboutSentricon Colony Elimination for New ConstructionTHISAGREEMENT PROVIDES FOR
Homdea ��®" RETREATMENT OF A STRUCTURE
PEST a e r t■ S v r "d AND THE REPAIR OF DAMAGES
ILE SA L CIE COON I Y USE ONLY ORGGAANISMSS wwD BY miN THE �WIirs
AaauM Na:—
STATED IN THIS AGREEMENT.
M
AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCI70N
Seettou L GENERAL INFORMATION.
Name-444 K OIN-o M-eAd0VJ0od
Service Address: C Q I� Ca N I FE2 D 2
City: Fort Pierce
State: FL Zip Code: 3 4191 r
Loatiar of realmtst 8t cka: Panel
fjoaer podw ofl i n
Billing Address:S'10 AIN M teeg
City: & A tAltAE .
State; Zip Code:., y98G
Home Phone: —
Work Phone:
Tmou ut Types 0 Carodive o prove tivo
Section IL, SERVICE COMMITMENT.
NomeTam Post Defeaa, inn. (do *Ccmptmy) will, In compliance whisopplivable federal, sbteand cal Iaws, missend regaltlloas:
A. Is" the Somriaan tamito bait stgdm (the'Sbtioash t a a the paimaer of thomum(s) (no attached graph) [owed a die Service Addtaa
ohm (&a'S ir)fortheIn"adaafeeofs, j er
B. Mmltor lho Seaumu to aaoordanoe with the label dimeiau fora paW of twelve (1:) mouth, hmaodsi dy following bwdrufon of iba statiom forgo WMW
fens is
Q Tomooulet the fbpyoarofptwllatioaoadWaltm etZero
D. ThoAmumlRoaowalPeadkrdwradyoarS3ofl.an
B Dathtg the srurdtodag period, add and taamve Reauit®tetmito 6a11 ftam the Sbtla, u approprime;
F. Daiagtim ettadtafogpatad, tttahttsia ell Sbtiom in sesvleabb eoadtion:
Secdon HL CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Canaaner tmdatmttds tbm:
A. The Satdan System Involves iiutalledoo and momitoriag, eolary oliadaaionwith Recruit termite bait, and wbsequent moahuing for eondawA protection
framnowtambscolonias .
B, Intervals of tram a few weals to mom that a year should be expected bawacm
L IadaUdion oftkaSmbIaoa station west suflidan tamiro tetiviry to atlowtbo eddidat of Ream! tatahe bait; and
iL AdMonafRtaohtardtobaiG
C. Dmiag Wo iatarval(a) baMaen hwdlstim a<the Saatiow wad aatplob dadmtiat ofadaing tamlte alades teamite feadiag witida the SWaors PUY
Involving; additional structure! dmasgo, may oaur. Addilland saviaa such a spot appihodom of convoodo al tamititddes are available to eambd termite
activity on a localized, share tam buis if desired, bat sro net needed fmand will not eonumto to tmmlteeokoy eliminatiam
D. The active logmillau to the Saurian System is as hunt grown regulmor (Reemip this provers wades landtes from Mold* -(bloltimg is critical to eokq
wavivd.)
L b teib Iha it amduated on ReeroiL DowAgmSdmees LLC, the manflbanret of Rtauk observed evidence of vcty low levels of mammalian tu; ty only at
vary blgh lovcb of a pesum
P. Treatment Is provided agai at the attack of subtarma o (mattes (Retimlbormas spp..11mmiamtes tpp. and Coptotamos spp. (Fottassan). This Aveennod
does act provido fro the ucument of any other pests, ph o. mind at organism eta than such termites. The. Canps3gr his ant impeacd or treated the
stneame(s) for hed6itt tad molds at Bmgi, By law, the Company is ad austified, authorized orUeamd to hoped for hal6rdated maids or Smgi.
O. The Company makes no representations reWding thoaact location or number ofcoy mdmq tonalic colonist
Section W. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
QWoma vita tmdastanda tkst:
A. The gunian System and all of the componetas of the Sanusaa Systat ('Ca Voeaa9 have ban daigaed by Dow AMWeaes I.LC. the Compaaatb
wand will rmnaia the prapaty of DowA8mSamos LLC. Cuoatakssao d bbwhh rspea to sq otter Componatti other that the tight m their tno u
iatrlled 6y the Company oa tam Ptmotttefs prmdan undo this Agrament.
B. On atphafoa or taadoedon of We Agracmant, the Company and Dow AgroSduas i.1.0 or their respective repraaaadva we anboriud by Comma to
Wave tiom Castomees promites the Statism and other Components for appropriate dirpoittion. In addition. if the Compaq, for whatever raso,, coma to
raptsat or to bo aurbarirad to rquesan the SearieonSyncM
i.. ibeCompanywill:
e. sow. *oAtunw. -
b. ORaCustomer the ataingadi facet form ofcurtttoproteaka ar tamkah%this Agramem. .
e. CredhtloCustatterfor saviaspddhrbut not yet recdvo4ifeppmprfatR
d. Rafkmd to do Custema an amass equal to the fee paid for services not yet rovdved If Comma oleeb to discontinue the relationship, or irthe
-Compaq annotoffer go ofRplvo dtemativefarm oftermfte protealon;and
G.- Remove,ordkwDowAgroSeiencsLLCoribropasammivsststonahtnaecessmtiropremisesfatheretrievalofaltoCompone=ad
U. Customer WUL,
L Gans the Company and Dow ApteSdencs I:I.0 or their rcgmdvo repaaatmiva reasonable access to the premises'for tha removal of tba
Command
b. WeragnowiththeCompanyantheuseefanahemolvofour+ofbmdtoeauralattamindethisAgreement.
PAYMENT MBTNOD. O Csk QC" O Credit Card
Upoylq by eredh cad etresning debit forayourbade eearmL please @amplete the ataehed Autlmrimtion for Pm Armaged Payments
This Apeemsat oeetala anola limitations, coodliloas and esdmions on. eke Comp&Ws obRgallaas. Plana read the entire Agreement balers slgdag,
is tmmidadlon far the Compaq palbmdag the services speeilled above and suNea to the term end c"dons of this Agreeraw4 Cusmmer agree to make the
pgman lactated aboim. Costamer acknowledges tooi:ipt of a dgtsed copy of this Asmeaan. This Agmaaed is not bhtdimg on tho Company uMB signed by an
sothstsed mmaga orateatdwoilicer of the Company.
CUSTOMERS
Siaasnar
p Ntma, o; /tv ;6EEm
HOMETEAM PEST DEFENSE, INC.
Siguaaa:
Frhttoat VOID/ FOR PRESLAB APPROVAL ONLY
iUreaive Date• NONEFFECTIVE
RIGHT TVCMW,_ 3404 MECU.VMMFAMAYCANCU rIILSTA 101CrIONATANI' UMEPNORTOMIDMONTOFrMZrMIRD8USlN9W
DATAFMTHE DAISOFrII/STAWSACriUKSEETI1BATl WED MMICBOFCANMLITIONFOR ANEXPLiNATIONOFTRISRIGNT.
THE REMOVAL OF THE BAIT Olt BAITING SYSTE6t MAV RESULT IN A LACK OF TERMITE PRO cnoN
CHX&rammppMoaf muLU1y aWauAaorpowAgmSdmaaLLC
(f79:63YRj7!q
Stctba V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS The Customer agreas to be solely responsible for
maintaining the Tread PICIOWS Oto f on any Condition coadadvo to temow bfouNion ('Conditions Conducive.' ton below for explanation). The Customer agrees
to be solely responsible for tdontllytng and conreeting Conditions Corhdoeiva The rmpdnstb!!try rasa oxcltralvaf)r with elm Customs, not with the Comparyr. Ulm of
the Company to class Customer to any of the above conditions dew mot alter Customers responsbility under tits Sonde. la addidaq mho misiatoof myy Conditions
Conducive that was not d mc{y eotrated, including nay Conditions Candueive Wdstiag but not visible or the time of the execution of this Agreemant, wit{ permit the
Coat its solo disaeUorL to terminate the Agramet or to require Customer to potdmse any additional acctme n required as a exult of the Conditions
Z7;N:0M-0NS"
and agrees to maintain the asm(s) baited liive from such
yexan. CONDUCIVEt Conditions Ceadsmive Iachsdobut aro not limited totcof ludoImroer ventilation, faWty'plumhiag, and water lades er intrusion in
dthmercury iWIU10 , and settleman of the fatadation, foam
ation, ittsco eonsnaction, oponded polysTyrano or ayrafanm molded fotsadatlon rystans, tfdtng fineladias vinyl. wood and metal) if within 6 inches of the
groan? onside m other protective ground aoverkng noel firusvood irate lumber. wood, muieb, thtubs fleas, and now pnxxiiva ground covering if within 6 inches of
cmrad with ttmeorra
Sedlon VL ADDITIONS, ALTERATIONS, AND OTHER CHANGES. This Agreement covets the Swcturc(s) identified in Section 1 as of the data of tho initial
Insufleston. Customer will Immediately notify the Company In writing (1) prior tothe Structure(s) heft structurally modified. shared or otherwise changed. (2) prior to
cry tamittolde bsing epplbd on m dose to 1)m loeatiot ofatry ration (71 tf soil b teawved or added arouad the foundation of tho Stmexma(s) or (4) ury simpering of
bdtag equlpmem or
sapptia rums. Pailuso to notify the Company in wrung of edY event fitted above may void the Agmernent. Additional services n qulrod by any
oddlltoe. dteres 4 or other shedO ovont they bo provided 6y the Company m Customds a:pcose and Tony require on adjustment in the renmwsl fen.
Stcton VIL DAMAGE RELATED TO SERVICES TtroCompahrywill aadse �lueeamwhileperforming servitaheroorda to attempt toavoiddamaging any pan
ProPartl. Plano w srdmats Under ao dreraadonw will tea Cotrpaay be. mspontblo for image aurae by the Company u Um time elm we* is
pedormd except tnwe sit exiles smutting from gross aegligece of tea Company. Cuuoar is rrpenfor d m age ands solo a Comp, for at the time he we* is
K
I edudbg fawnBradla crREPAIR ad to the genes temu and conditions or" Agreemrtent, Iran
ehubtt,*oho Company will raised the area ofinfegmioo d no additiond
ar On. sabj xt to tea gmeral terms and conditions orthh Agreaneer, t(m Compary will repdr, m its c00% -new temtito damage to the treated stsuduefe).pmtys foul liebi ity will not exceed in any an alomdar you tux law of (1) S200 O or Ri) the fair MOW value of tea canted structore(s), nut moved
St. 00D,t100 fools, aggregate over mho toms crow Agreement, inetudhtgm setuiau noel rmawiG
1. Customer "Weedy Walvis any claim for eeasomic, compensatory, at eottequeatid damages relating to the existence of Subterranean surmises or Subterranean
taraita damagw, or for iltu=W emu, toss of uso, budnass Intang toR di r aian of value. Of nay •stignm• damage due to the presence orSubtaronaan scrotum or
Subtesranan faradic damogo, The Customer aelmowledgm that tho Company is performing a service and mew far smile damage repairs ad roth above and any
dump to she structure eased by the Company in the performance of its mvicoy Customer Walvis any claim for property damage. end agrees that under no
eucumrtanoas shall Compery be hold liable for say sonamp grata than tho amomt paid W the Customer to Company, for the tennite sorvace to be prrfortnd.
1 Due to subterresotan termlis habits, strmhe adtvlry may coottats to bs present to a structure for a period of Tluts following traitorous. The Company Is not
eupowlblo for repairs ofsubtery omen termite domap that ocean before she repair ppo+rlla of the warranty, becomes effective.
7. The Comptsty's obligation to repair termite. danege van became effective upon the smIce ON) elimination of the colony or eolonla located an or about the Service
Address or (if) the first ma{vcmry of the injunction cram Stations, Colony elimination shall be deemed to aeon whet following two consecutive months of termiw
fading an Recruit tesmho bait in am or more tamite bait stations located a the Service Addrou, the Company's tednteian is unable to !oxen for o period of three
con five savice visits to the Service Addmre, any live termites in any of the ter ito bolt stations loafed at the Service Address. !seen damage, as ovidmesd by the
Pmmx* of live tormhe; occurs While the Company's obligation to repair termite damage IS to ro=, fdloving written notlllemion ftnm Customer and an impaction by
the
he t o a yea coo inany Company
to
�� rut Customer for the reasonable east or she repair, but only to the agent the tha tool reasonable am orsuds "pain is
4. Subject to the raouoaiog provisions of this Section Vl1IA, Customer will be entitled to select the toatrada who Win perform the needed repairs; to the treated
s nsama(s} Prior to entering into a contract with a contractor. Customer agrees to provide the Comspay a can afore proposed contract or written bed. if the Company
determines the bid to be mtemive. Customer ngrees to gum aeeass to the treated swetare(s) to a contractor dcsigmed by tea Company for the purpose of obtaining m
second bid for eta work. In can where them am multiple bids Ibr repair worI6 Customer acl nowledga she die Company reservos the right so seed the contractor to
perform the ropdm
S. The Company is sot responsible for the repair oromer visible damage (noted on the attached inspection Srsph) or hidden damage existing as of the duo of this
Agreonnem. The Company does not guam rta that the damage disclosed an the attached Inspection graph repaunu an of the misting damage as of the duo of this
Agreement. The Company will cot be responsible for (1) any damage caused by termetes to the treated ilrodure(s) or The contents thareaf mWog prior to or
following the term or fhb Agreement or (2) any ewts or sapema bcurnd by Customer as o result of any such- damage, Costumer waives erg claims far
damags to ohs p►optray or people stress may molt directly or Indirectly Rom services provided by the Company, with the sole exception ordalms for damage
duo to the gross 0413 onto of ibs Company andfor Its employees.
Satloa IX. PAYMENT. The Compeuyrs obligation to odame trader this Agreamom Is conditioned! upon Customers payment in tell of the price at Penh in Section II
sbowa Curetnees failure to pay such pries in lWl will auso This Agreement to automatically and fmmediuedy, terminate In its eatirdy and the Compaq will be
dbdwgad of ell liability. All amounts paid, fray. will become she property of tho Camspaay as liquidated damages bacunda. The inrtefiaion fee is duo and payable
as tea time ortho iaidd scrvico The renews! foe is due and payable upon roceipt of invoice. Invoices that am not paid Within thirty (10) days of the invoice dace will
axone interest on the tmpatd babnoo at a rue equal to the lesserof i.5%per marmh (18% peryea) cr mho maximum tie allowed by Inns. In tie arum that too anion is
amen ly to tolled any amount dam the Company, the Company will be emitted to recover Rem Customer all nuts of collection, including reasonable aiturneyd fen,
In addition to all oaugniding amounts due the Compaq.
Section X. TERM. Union otherwise specifically provided horsto, the parties agree this the Initial tern of this Agreemat win be for twelve (12) months and will be
automatically reconvert an an matal basis for an additional twelve f 121 month nail. for a maximum of four (4) addiltaasi twelve (12) mouth periods, following mho
aacals by giving the other party written notice at last Oft (70) days prig
by Customer, as ow time following elm Initial term, upon wetted notion to
yyeeaarr period, the service may bo renowed annually with the masers consentusapeluau tntsry (70) days prim !o the eel of the the current tam. The Camps
Custom« by pro I%written notice to the Compaq within thirty (70) dai
Section XL ARBITRATION. ANY COMROVERSY OR CLAIM
AGREEMENT BETWEEN THE PARTIES, INCLUDING BUT NO
PERSONAL INJURY OR PROPERTY DAMAGE,- SHALL B
OTHERWISE, THE ARBITRATION SHALL BE ADMINISTER
ASSOCIATION ("AAA") OR, IF APPLICABLE, IT SHALL BE
DISPUTES THE PARTIES EXPRESSLY AGREE THAT THE
TERMS AND CONDITIONS OF THIS AGREEMENT, AND THA1
CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL
RESPONSIBLE FOR I
HEARING THAT THE
FINAL AND BINDING
ERRONPAUS
THE AWARD
"
APPEAL
TO
mount (abject to adjustment as provided In this subsecomL unless aithee party
of the that current tatm. This Agreaaeat may be terminated by the Compaq or
Ay et fowl thirty, (30) days prior to such termination. At the and of that five (S)
ice, and, thereantr, clot posy may tertrinsto she service with written notice or
the right to bm enso the prtoe of tervta. This Agreement may be tenninaud by
Cnrsomars receipt of also notion criewme.
DUr OF OR RELATING TO THIS AGREEMENT OR ANY OTHER
TO ANY TORT AND STATUTORY CLAIh1S, AND ANY CLAIMS FOR
I BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE
THE COMMERCIAL RULES OF THE AMERiCAN ARBITRATION
iED UNDER THE AAA PROCEDURES FOR CONSUMER -RELATED
)R SHALL FOLLOW THE SUBSTANTIVE LAW. INCLUDING THE
TRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE
iG UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER
ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE
REE (J) ARBITRATORS. AND THE REQUEMNG PARTY SHALL BE
EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE
ION. THE AWARD RENDERED BY THE ARBITRATORS) SHALL BE
BE RESPONSIBLE FOR ALL APPELLATE
OF LAW AND FACT UNDER A CLEARLY
)ING. JUDGMENT MAY BE ENTERED ON
=NOWLEDGE AND AGREE THAT THIS
COMMERCE AND SHALL BE GOVERNED
Section XIL CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. IrCessomer belies this Customer or other oaupmu of tho tremod stwuro
are or may (A) be sensitive to pecticidahermlttdda or their odors or (B) have other balth conditions that may, be affected by pestieideshe maeidas or their odour
Company recommends this you rat hero sus Initial or a subsequent servico performed at your promises tarot you have consulted with your family physician. At your
Company will provide
the Compay In connection rich sensitivity atcoadiron. Ater uesk ddw CBy ompany thi treatment, Custom assume; tho risk and weives
l ebima will provide InformationInformationabout the chemicals to
a9' sad al
be. end In treating the practices.
SatladXIM ASSIGNABILITY. This Agreement is nonsfaable to a « aw owner of the property located at the Service Address provided thin the now owner of the
pmpany came into an Installation and monitoring cipcom set with tho Company. The Company reserves the right to charge a rrwfa fa, adjust the weal renwwd
Bata noel change the teas of tho CompuOh obligations under this Agreement oPon any such trwfes. Upon the dosing of the Salo chow property located at on Service
Addrm& tell Agreement will terminate.
Section XiV. ENTIRE AGREEMENT AND SEVERABILTTY. This Agreement and the muehed graph constituto.tto entire tgmemea between the parties.
Curtomer expressly warms and represents that. In entering this Agreement, Custonaa is not retying an any promise, agreement Or statemau, whether end or written,
that b not and Rally ad forttr in this Agreement. it any part orthis Agreement is held to be Invalid or unedwonsble for any tensest, the ronstaing tans and
conditions of din Agreemet will remain in (Tell form and affect. The teams of the Agrees am stood haobh may not be amended or dwd unless a written chip is
approved and signed by a Corporate Officer of Compaq. No other employees or agents of Company have emhatily to amend of niter any pan of this Agrerauet.
Provided, howaver, that as to mho paragraph on ARBITRATION. If tut sermonce precluding tut orbitmtor from conducting an arbitration proceeding a a elmq
roprmau01vo or private anomay Sense] action isfound to be Invand a aoonfomablo than the musty or the ARBITRATION paragraph shall be deemed to be
sided hoe th1. Ag.moo,
Section X% ADDITIONAL COMMENTS.
Seoalow.Itrendl and Batmbo w ccalaaaa mu!tearss arDawAgroStttrtas LLC (Slvla 7YR) 7f17
OHamdrum pea Defmre.iae.2a11