HomeMy WebLinkAboutMW-18 Termite AgHATeam
PEST DEFENSE*
Account No.:
DI ao-OUC)
THIS AGREEMENT PROVIDES FOR
RETREATMENT OF A STRUCTURE
AND THE REPAIR OF DAMAGES
CAUSED BY WOOD DESTROYING
ORGANISMS WITHIN THE LIMITS
STATED IN THIS AGREEMENT,
AGREEMENT FOR THE INSTALLATION :IND .MONITORING
OF TITS SENTRICONS COLONY ELiMINATION SYSTEM FOR NEW CONSTRUCTION
Section I. GENERAL INFORMATION.
Namc:G'M[ \ G4D
Az_ L
Service Address:, rW��"
City. F_=PjfC_ 1zra
State: Zip Code:-.._. _ —.--
Panel
Location of rnaunctt Sticker:_____
Billing Address'
City:��b1 1.X- =�
State: EL Zip Code; 4 q Mtn
Hume Phone:
Work Phonc:113-1 n i i
Lincar Footage of Struclurr(s), 210 _ Treatment d'ypc; J Comclivc 0 preventive
Section 11. SERVICE COMMITMENT,
HomcTeam Pest Defense, Inc. (the "Company") will, in compliance with applicable federal, state and local haws, rules and regulations:
A. Install the. Sentricon termite bait stations (the "Stations,, the sail around the perimeter of the srucwre(s) (sae attached graph) located at the Service Address
above (thc "Sirucurrtdb)") for the installation far of S 32in
11. Manitor the Stations in accordance with the label direcrions 1'or a period of twelve 02) months immediately following insnahlmiou of the Stations for on annual
fee as 200
C. 'total tact for the first year of Instaliatiun and Monittrring 5525
1). The Annual Runcual Fee after the first year S 400,00
li. During the monitoring period, add and remove Recnrirtit termite trait from the Station, as:tpproprituc:
F. During the monitoring period. maintain all Slaloms in scrvicvablc condition;
Section Ill. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Customer understands that:
A. The Sentricon System involves histullatiun and monitoring, colony clittunotion with Recntil termite. ban.:md rub,equort numituring for cominuous prole thin
train 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 lurmite activity to allow the addition ol'Rucruit termite bait: and
ii. AdditianofRccrairtcrniitcbnia.
C. During the Inlerval(s) between installation of die Station., and complete elimination or existing ternile sndtinics, termite !'coding within the Structures, possibly
involving additional ctmeturai denwgc, may scour. Additional stn•iccs such as spot applications of cunvendonal tcnnihcidcs arc it% ilablc to ranted tcrnlitc
activity on n lot:nlized, short-tvtnt haws srdessred, but arc not ocede.d Inroad will not contribute to Icnniu colony elimination.
1). 'tie active ingredient in lire Sentricon System ti tar insect gmullt regulator (Recruit) that prevents workur termites from molting. (Molting is critical to colony
survival.)
ki. In iess rival it conducted on Recntil. Dow AgruSc enccs I.I.C. tl:e Inanufucmrer tit Re runt. ohscry ed et uhncv of very low !evds of mannnnlinn toxicity only at
very high leech. of exposure.
F. Treatment is provided against tire attack tit' iuhtermean Icntines (Rclictrbtenms app.. I I,!crotenitcs spp. and ('optnleme. slip. (Fortirl This Agreement
does not provide for the Ireduucnm of any other pests, piaill• :utiuml or organism other Ilan •uch Lernnes. 'file Company has not inipectud or treated the
suucturc(s) for hualth- ch ited molds or fonpi. By law. the C utupany its nut qualified. authui lved u, licensed to Inspect liar heullll•rclatcd molds or Nugl,
G. The Company makes no representations icgmding the exucl location or number of any existing termite colonies.
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands that:
A. Ilse Scntricrt System and all of the coalponcnts of the Senricon Sysuan ("Components") have beta designed by Dun AgmScicnccs I.I.C. The Components use
are and will remain the property of Dow AgroScicnccs LLC Customer has no rights with respect to any of the Components. other limn tire right to their use as
installed by the Cunmpany on the Cuslources premises under this Agreement.
t). On expiration or termination of this Agreement, the Company and Dow AgroScicncvs LLC or their respective representatives are authorized by Customer to
retrieve tram Customer's premises the Stations and other Cuniponentm for appropriate disposition. In addition, if the Company, for whatever reason, ecases to
represent at to be authorized its represent the Sentrcan System.
1. The Company mill:
a. So floury Customer;
b. offer Customer the alternatives of either ubing a dil'I'crenl Rum of tcrrnitc pro!wlion or wriou:ating this Agreement;
c. Credit the Customer for satvices paid for but root yet received. if appropriate:
d. Refund to the Customer an amounl equal to the fee paid for services nor yet received Ir Customer elects to discontinue the relationship, or if the
Company cannot offer un effective alterative Iona of termite prokwtimt; and
C. Retrieve, or allow Doty AgreScrences LLC- or itb representatives reasonable access to the pianists for tire retrieval of the Components; and
ii. Custumw%kill:
a. Grant the Company and Ditty AgroScicnccs i I.c or their respective repicsenirnivcs rbasomd.k access to tile promises for the retrieval of the
C•onsponenls. and
b. Either agree with the Company tin the use of an allemahve form of termite etmtrol or terminate this Agreement.
PAYMr\T mi rnOU. V cosh 7 Check ''-1creil Card
If paying by credit cod or recuntng del+n fluor )our lank occotml, pica,, a•uropietc Its,: :attached .\uibnvatior: foe 1'Ic-:\!nutgoJ IlayinclIK
This Agreement contains certain ilndlations, emolitions unit etchtsiuos tin tint. Cuaopany'e ahllkutiml.. i'Iva%e read the entire Agreement before signing.
In conshdcratiun for the Company f criorming the ,cav!ce, spvellivd :,huge and snlj ct to :his teuro and aatdn,nn, tit' 1;,;s Agar -went. Cuaonwr .+yv,% a, mike the
payments indicated above. Cuammsr acknowledges receipt of a ,igned copy of this Agre:uteut. )'Ins Alur,tricut is ran hin duir, tin the Company until signed by an
uutiwrimil trartagcr ter ex,cmi,a nlIt, of the Colopiur. .
CUSTOVIE [lUNtl?TF.AN1 PEST DEFENSE, INC.
tiignature: „� Signature: �
printed natmcCS u. x�-.,��1 . _ Ken Colabella
Printed Name:__^_.�,
email: ,,,
r'Q wed �( � > I GOB_ rrrcclive Date. upon documented installation
RIGDT TO C.I YC'E1.: YOU, T11E CU,vT0,11ER, :11.1 r CI NCR/. THIS TRAASACTION AT AA'Y TI:I1 E PR1OR TO MIDNIGHT OF TILE TiffiED Bl'S1NESS
DAI'A17FR T71E DATE OP T111STR4NUECTIOX TKrt TIMATT.ICIIEDNOTICE OFC'ANCFUATION FOR AN EXFGINATION OF T1I1S 810117
'i'llii REMOVAL OF'niz BAIT Olt BAITING SYSTEM MAY IiF SULT IN A LACK OF TERbtITC. PROTECTION
Senereon, R,CIaiL and Hahubc arc neyrster,d trademark, afUnw A2mSeienccs LLC 15?986 SYR) 3113
c uouri rc.m Pen la,fcow, his, 2mi a
Bedlam V. CUSTOMER COMMITMENT AS TO CONDITION4 CONDUCIVE TO INFESTATION& The (�jgaatcr agrees to be solely mpsmatirle for
� � terapm
he ft%— od Premises Circe ftmn any ooadnlon to termite infesla:ion ("Comditiosts Conducive," sac behove for eocputtatiea). The t to
to be sdety trsitoat:Whe far ide�if g and cony etistg C Ve• Chata� ' i m�dcr t11Y MISS his s Section With 91c na additionad with die . ac e F
AWD Of
the convoy to alert Customer to any of the above oohs does not n ibil tY
Conducive that was not timely emaceai, iris mft any Condithocar conducive exist htg but rat visible at the tim of the execution of this Agreement, will permit the
Company, at its sole discretion. to texraisate rho Aummemt of to scow Customer to purchase any additional treutritenl stored as a result of the Ceadttiatns
Cam. Cwtonee arm to fully cooperate with the Company diairta the tens of this ASr=r=v6 and agrcra to maintain the area(-) baited Bee Berm saeb
Canadidoas Coaduu4m Otba specific items may be tasted below in "Adld banal Canus+eats" (Section XV). `,ettt:lattsa. faulty plwub ing. a nd wow Inks a ins in
CONDITIONS CONDUCIVE: � Cave include. bun = not limited t% roof leaks. inn mper of the foww alai, fom
or around the strucum imlterrmt dnxmd problems. including. but rat limited 0% wood to ground contact. ma somy failures.
itmsulatian, :tuned eomtnuuctloa. expanded polystyrene or Ry hem mid fonndatiesa systems, siding (iscludinS vinyl. wood and metal) if within 6 Mahan of the
ground; mdcb or other prowcdve ground cove ft and firewood. teo:h, lumlter. wood. mulch. shrubs. vacs. mid ehthdx protective ground covering if withht 6 hxhrs of
coma vdtb s0tie101-
Seeslats VI. ADDMOAS, ALTERATIONS, AND OTHER CHARS= This ABrcasatt arms tic Ssructurc(s) klend&A in Se d= I as of she date of the initial
motion. Cudoma will immWiately notify the Company in writing (1) prior to dia Structum(s) being structurally modified, altered or otherwise ehaa®od, (2) prior to
my to abid A a being applied on or close to the Weatiom of any Station. (3) if soil is rasoved or added around the foundation or the situeue(s) or (4) any tamper ttg of
baiting equipamou a dies oecum trailurc to Be* the Company in writing of any event listed ahmv may void flee Agrecstient. Addidon d sorviiees rcgabed by my
a Milanw dwation or odwasch event may be provided by the CumpaW at Cox expense. and may require as adjustment in the mural foe.
See&w VII. DAMAGE RELATED TO SERVICES. Tic Company will exercise due case whtl` perftmm ng services hereunder, to attempt to avoid damaging any► part
of Guounieft properly, plants or mtimals. Under no circmtwtauces will th'. Company be re sponsdile for damage caused by ihti Company at the time the work is
pe Irc v Pd. pzapt them domq ps resul ft foam gross naglig = of the f:ompany. Ctnta ner is respon:aW at customer's sole expense, for rcfwbishing Cis
ply (wag lawn and age) afkr ir�ss:0adatm of the Ste.
Sa:etiwt VIL REPAIR AND 1RZTRE4TMRNT OSWGATIOIC Cbstomw itdtlals .� Subject to the smal tam wad carton ew of this ApeemoL if aB
imfestedon of nbeervancoi t MIM oeaas in do k P. ro 1, 4 SUMnno(s) dmng tie temp of this Agreement, the Company wM retreat dx mca of Infe;:tatton as no addittaaal
cltatga. bt addition. subject to the Gen eral tennis and COMOdm of this A � � � �� ��e fhit market vahu of treated mks).
The Cotapato total lid ty will :tat exceed In my one tr year ( M
S1,Q00400111 tlta aggRc ovef the teanm of die Ag eement. i�g and tawwais. to flu cxistesrtce of Sub watt of AW -a-
- errasesa
I. Ctatcmrer exremly waives any dorm for cue. eompensdoly, or comemnow darttages relating to the pi+asasce of taaaitas eu
tcnaita dash air for hwcasod costa. Wet of use, business inte ragtim d� of value, or ray "WSW damage � titBh above and any
Subterlattgn tetmito dump The Ct�stoatetr acitrem+riedges that the Comtpamy is pcdarahimg a service and excepa for Mfmite dthmage repairs
daatagc to this squcwre caused by rite Comtpaay W the pace of its scrvkxs, Ch9_6atf waives any cairn for property damage. and ages thtat wtdear no
add dtall Cas�asYbe held the any amount greaten• thaw flu amount paid by the Gutomearw COY far this termite scn+iea to be pedam:Ed. Is rot
2. Diu to aubser mneaa termite habl% termite audhrlty Way cetadoQe to be plant In a strutctnre her a period of time ldloarinE tmatates:t. The Cot»paay
ta►for repairs drf termite dsatage drat famous before The repair portion cattle arsttrraaty bexoat:ra rtfestive.
3. The Curries e:bligalion to repair terisdic damp will become of%ctive upon the cart of (i) etiacimition of the colony err colonies located at at abostt dwSeraie�
Address ar(S) this first tuutivaautary of the bodleba of the Satwns. Colony clan shah be doomed to esecarr wltmi, following two catsaeU11" motttbs of tgmitos
:coding as RoaxusEt eermite bait is Date or tttore tCromite bait stations loestted at the Service Address, tho Companyic techmiciaa is uuioNc to locate. for a period of throe
oonsecttxive mtviec vWu to the Service Addr+css. any live le mites in any orthc termite bait stations located a the Service Address. lfacvv d as evil uxd by do
presence of live larmtite-, occurs while the Comptt"obligation► to repair termite damage is in rofm following written asatifscaliatt fear Customer arW as by
the C1114 tsy. the Company ogror- to reimburso Customer for the reasonable: cast of the rewas. but wily to 1ho extent that the total reasonable east ofstuds repairs is
lees than S200 M in any ante arkstdar yea:.
4. Subject ro Iris rdnaiuimg provisions of this Section V111.4. Custamet will be entitled to scle a the ewitractor who will pcdonn thno acaW repairs to rite treated
stmetwcK Prior to com tlg into a mum with a contractor. Cmuffrx arm to provide the Company a copy of dtc proposed coaftet or written bid. Irthe Company
dete aim the bid to be excessive, Customer agree- to grant Doris m the treated structtnr(s) to a contractor designated by ehc Company for the puepose of obtaining a
second bid for dw work. In craws where there are multiple; bids roe repair weak. Custdmter acknowledgass first flu Company resrerw-s dto right to setoat the contractor to
pedatm the repairs.
S. The Cam parry is rot responsible for tlta: mot of citlax visible daanagc (natal on On auachW inspection graph) or hidden damp wdgdng as of die dote of this
AgrcemeaL The Company doers not guarantee that dw damage disclomd an the attached ingw don VWh repleaetists all of the existing damage as of the date of this
or
Afire *0%46 a. The Company wM mat br responslldr for (1) any damage caused by Wattles to the tnaied struetnrc(s) or The coatemw thereof ari ft prior too
following the testis of this Agrecanal or (2) ray costs or expeam Incurred by Customer as a retail of any such damage. Custom waives all Claims fbr
dsasage to this property er people the may result directly or indirectly from services provided by she Company, whb the solo exceptlon of do = far domoges
disc to the arm mmorm of the Company andfor iu entpioyexs. Agreement is conditioned Ctsstottma�s paymtent is fail of the pro set forth la Setdim► U
SWW IR. PAYMENT 'The Catmpaay's atbligatioa to petfatm wader this
data w1
above. Cis hum to pay such price in Sill will cause this Agroeuwat, to and imumdawly► terminate in its entirety and flu C rory wa'p be
disdttztgod entail liabUity All nou att>sts paid, if tnttyt aril: beeaaio the property ofthis company as ltquddated damtage- �. The Installation €sea is dun and payable
at tlto dw of dtQ initial service. The mwwal fax is due and pay" near receipt of iavohee lsjvoleea flat are no paid within thirty (34) days of rho iavoiawill
aoctmte an the urgid balm = at a taco op d to she lesser of 3.5% per month (18% peryeas) a the mL%hmm rate allowed by law. to the evestt that legal action is
,I F 011 my to count my mmunt die tha Compar% the Company will be eadded to recover fiom Customer all orris of colle dw% iadadhrg reasonable ==qye f016
in addition to all oattag amcmu due flu Caunpmsy' si thatthe initial terns of this Age�aeaicM will be for twelve (12) mobs and win be
Sectiaa X. TERM. lhdess odtewise spadtkally provided herein. the parties g • • dm
austosnatiamtly renewed oat ms assmml basis. for an adddeoaal "ve (13) nx"li period, for a maxisnum of four (4) addkioasl twelve (12) month periods. �
initial tart Van payment by Customer of die fee i� let Sectidm S.B. of th# Agrce�at (subtjeet to mdjti>aruuePitas, provided in this sobw don). unless either palmy
ro the cads of the Hutt curratt tcna.'lhis Agreement may be termin" by dw Y or
coned$ by Oft the othdx patty amtt u notice at trust Wily (30) � f� � to suclm tcraaitmtiO1% At tie card of dW five (S)
by Comm. at any tune raltawing dw initial two. upon written notice to tttc odw party at lmst thisty ( ) days prior
year period, thne service may be renewed annually with the: mutual of both parties, mid. ftreofter, either puny may ter=misnate this service with written tie at
least dtirt)r (30) days Pdor to the and of rho than ewiP, tt teem. The C y reserves Ike right to irxratse:hie price atscnrice. This pg�eenuat maybe taawatod by
Customer by providing written notux to the Company within thirty C following Customees reexigSt of the oaf lslTLIacw— MENT OR ANY OTHER
XI. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING
A BE7tiYEEN THE PAR71&4, INCLUDING BL'T.10T LIMITED TO AN1l TORTA. �ST�7'U�TOO�Y Cv NLESS AND �� p OR
�E
PERSONAL INJURY OR PROPERTY DAMAGE SHALL BE SETTLED 8Y BINDING
OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE C0111MItRCIAL RULES OF THE AMBRICAN ARBITRATION
ASSOCIATION. ("AAA`) OR, IF APP !CABLE, IT SHALL BE DETERMINED UNDER THE AAA PROCEDURES FOR CONSUL ING THE
DISPUTM THE PARTIES EXPRESSLY AGREE THAT THE ARBITRATOR
ARBTOITRA ,ION 1PPROCEEDINGIU`D R TiiA iS AGREEMENT WILL. NOT BE
TERMS AND CONDITIONS OF THIS AGREEMENT, . D THAT A.
CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY E KRA ACTION R SIMILAR LREPRESENTATIVE
PREWuS, AND WILL NOT PROCKED AS A CIAO ACTION, PRIVATF. AT7'OR. is
ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PAN_EL OF THREE (3) ARBITRATOAND RS. E ��UESTINGG PAPRIOR B THE
RESPONSIBLE FOR TIIE COST OF THE ADDITIONAL ARBITRATORS. MIIER PARTY
HEARING THAT THE AWARD BE ACCOMPA.�t1ED BY A REASONED OPINIOPLMAY
WITHE HIN
30 I RENDERED FT E OR ORIGINAL AWARD REQUEST' AN
FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT HE ARBITRATORP) SHALL BE
EITHER PARTY MAti WI
BE 1tl:SPOVS[BLE FOR ALL APPELLATE
ARsn*RAL• APPEAL TO A THRER MESIBER APPEAL TRIBUNAL- TME APPEAI.u�C. PAI�I'Y S1IJ►l.l. •CLEARLY
�W AND FACT UNDER A
TOR(S) FEES AND COSTS. THE APPEAL TRIBUNAL SHALL REVIEW A Q� AND BINDINGUESTIOMq OF !. JUDGMENT MAY BE RTERF� ON
ERRONEOUS STANDARD. THE AWARD OF TILE APPEAL TRIBUNAL. SHALL B6TRAT THIS
WLEDGZ AND AGREE
THS AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND COMPANYAT� COMMERCE
BY AND SILALL BE GOVERNED
ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE
BY THE FEDERAL. ARBITRATION ACT. orthe heated structure
Secdon .VL CHEMICAL SENSITIVITY OR SPECIAL HEALTB CONDITIONS. if Customer believes drat Customer or odtcr Occupants
are a may (A) be s+msitive to or th* odors a(B) have *thee haftoa�tions that may be afre eW by pesticidesRetadticides at their odors.
Cen a commends that you rat lmve ran initial a a subsequent savica performed at Your prersnscs until you have: end with ymu hmily pkddaL At y=
will informattion about the: charsicals to be used in treating the premises. By permitting the n eat rmL Custotriar the Iraqis and wolves
any and Can do Y against do Company in connectiaa With such =Wdvity w condition. At yaw refit. du Company will provide Information about tic chemicals w
be beused in Daft the premise& that the saw owner of die
SaxtEaa XIIL ASSIGNABILITY. This Agr!ec=x: is tsmrs crable to a new owner of tic property located ail the Services Address provided
m AM die WSW seumd
property career into on installation surd monitory a<groematt wilb the Company. I'bc Cjeb troy f n thelog. the losing salt to charge a of dwe f 1otcd m 90 Suvioe
r� wad the tm s obtigstiom under this A� s� my v Pa
Section XIV.AGREEMENT AND SEVERABILITY. This AFeenient and the attached Frapls eoastiude, the entire agreement betweoa the pansies.
Ctasxosrax estcpr+assly warrants and rem thy, in this Agin. Comer is mot relying on any prassusa. o8seemerit ofMesunts wheshK oul er wdtteA,
that is rat amid lb11y set fonit in this Agree:=L If ray pans of this Agmaaxat is hey to be invalid or anenforecablc for any reran, the sag teams
eesmlitioasWovcds this Agraaaneasl win remain in fawn force and ofY'ext The terms of this Ag st stated heroin may rat be amended of al:a+ed unless
a written W
sad sad by a Corporate Of �r of Cumpaay. No outer employees or of Company have auti:aity toanuad of after any pail of this Agroemmt.
provided. howe ms fiat as to the pampg6, air ARBITRATION. if this seumiee prxladihtg the arbitrator from csmddretamg am arbitratiaam Promeft- m a elms.
r;p pemtive or private amiracyr gettesal arson is fwsatd to be in%-Wid or mienforceable then the entirety of this ARSrMTIOVI Paragrapfi sha11 be daseanod to be
daheted froth thin Agrcem�.
Sa don .%V. ADDITIONAL. COMMICN=-
Scoub a. Rat Md Sandbe = vadom s of Darr AaroSo I.L.C. 1S29A6 SYil3 3/13
O lbowle m Pea Defam- Ica. 2013