HomeMy WebLinkAboutMW-19 Termite AgH®meTeam
P E5T Df rEn SE' ,;L I
Account No.:
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 AND MONITORING
OF THE SENTRICON® COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section I. GENERAL INFORMATION.
Natnc: t�/t'.__ Billing Address:t O NN(,) 0 '�" L g- p1—
ServiecAddre _ e_ Court
City. rcu�. jt1 State: EL Zip Codc: y'Q
qv
State. Zip Code:,___.Holne Phonc:________
��_��I
Location nf'1'rcatinett Sticker 1 anf,l _ ...._._.._.. WUWorkIs11O11C:'�
Linear Footage ul'Suucturc(st' 21 Treaturertt Type: J Corrective 0 Preventive
Section 11. SERVICE COMMITMENT.
FlomeTeam Pest Defense, Inc. (1he "Company") will, in compliance with applicable Ccdcral, stale and local laws, rules and regulations:
A. Install the Scntricon termite bait smlbrnss (the "Stations" In to suit around the perimeter of the siruntur.tis) (see attached graph) located at the Service Address
above (ft "Structurc(s)") for do installation iev of S 3M
13. Monitor file Stations in accordance with the label dircclfans -fur. period of twelve (121 months immediately following installation of the Stations for an annual
fee of s 200
C. 'Total cost for the floss year of Installation and Monitoring S 525
D. Tlic Annual Rcnewal Fee after the first year S 400.00
t(. During the monitoring period, add and remove Recnfluxo termito bait it the Slut(na, as appropriate:
F. During the moniuiring paned. maintain all Stations in serviceable Condition;
Section 111. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Customer understand% that:
A. Ilse Semricun System involves installation laud tnsmiloring, colony elimination with Recruit icrmisc boo, and sub equeu munituring for continuous proleciiun
from new termite colonies;
13. Intervals of from a few weeks to Marc than a year should be expected between:
i. Installation of the Scntrictin stations and sufficient temlite activity to allow the addition of Recruit wrinitc bait: and
ii. Addition of'Rccmittermite bait.
C. During she inmr`al(x) between inxtullmian of Use Bunion, and annplelc vlinfinutifan of cxissing tcnnitc colonies, ternuu !'red ng within the Structures, pussiblY
involving additional .tmctuml Janage. nay oucur. Addoioual sulviccs such as sput applications of conventional tenniticides are available to cambul tcnuite
activity on :1 loualized, shtu1-term basis into ire d, but are not needed formd will not contribute to scrods. colony elimination.
D. 'r11v active ingrvdivia in the Setitricun Symons is cut insect gn,-Iil regulator Iliecmh) that pruvenls workur terrn(fes from faulting. (Molting is critical to colony
survival.)
ti. In tests that it conducted tin Recruit. Dow AproSo unces I.LC. llte m;nur!'acun•vr al' kn•ruu. uhscn;J et idencc of cep• law tereis of manun:dian toxicity only at
very lugh levelsofexposure.
F. Treatment is provided against lite attack of sublcunnean ICrrtiileS Olelrculitennex spp., I loctoteosies slap. arld CUptlllCT7DC6 spit. (Formaaan). this Agreement
dos not provide for the treatment of any ulhcr pests, plans. aninml of organism fisher than uch Icroure,. 'I'ltc Company has not insficoud or treated the
stiucturc(s) for health -:elated molds or lunpf, By law. the C'untp:uly is out qualilied. autiwr zvd of licensed fit inspect lio ltcdth•rclatcd molds or Iilugl.
a. 'rho Company Mikes no roprosentutionx Icgulding to exact invasion or number of any existing termite cololuvs.
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands that:
A. The Scntricon System mtd all of Ito componunls of Ilse Switricon System ("Components") have been designed by Mitt, AgaiScienccs LLC. The Components
arc and will remain the property of (how AgroStiences LLC Customer has tin right, with respect to any of the Components. other than the right to their use as
installed by the Company on the Customer's premises undur this Agreement.
B. On expiration or termination of this Agreement, the Company and Dow AgroSciences I.I.0 or their respective represcnatives are authorized by Customer to
retrieve from Customers promises file Stations and other Components for appropriate disposition. In addition, if the Company, for whatever reason, ecam to
represent of to be authorized to repmscru the Scntricon System.
1. The Company will:
a. So notify Customer;
b. Offer Customer the altenmdves of either using a different Rum of termite protection or tcraur:ating this Agreement;
c. Credit file Customer for services paid for but nut yet received, if upprapriatc;
d. Refund to fife Customer an amoum equal to the fee paid for services nnf vel received if C ustonrer clecis to discontinue, the relationship, or tribe
Company cannot offer an crfectivc allcmative foot of icrmile protection: and
C. Retrieve, or allow Dow AgroSeicnces LI.C' or its representatives reasonable access to file premises for the retrictai of the Components; and
ii. Cusfumtrrwill:
a. Gram the Company :fail Dow Agroscicnecs I J,V or their respective rcpruscnauivex rtasrmuhlc access to the premises for th retrieval of the
Components: and
It. lather agree with the Company tin life use of an alt:matne fdorm of teroitc control or terminate flits :Agreement.
PAYNIF,N'r MliTI101). ❑ Chsh -JCheck C.7 ('Hilo Car(
IC puy'mg by coed)) call lie KL'ul'I'Ing IIwl+ll fl'unl elect' baulk ne"milt. pleaw Complete Elie HraehelS Allllllrllallpi; :ia Nt Af r.aipeJ F:cymcnls.
This Agree'meat contains certain Hnlllarfons, vmulifiuns and "%elision till the Courpalty's uldlaatinus. Please read the entire Agrcememl herfire signing,
In consideration for the C'oni)cmy 1mrform4w sloe selyieC" Ape: -Iivd above led snbjavt Ia :he tells+ and a 11,111it, of ilia :4a'ecn:cnn. C'unomer agrees a, imike the
payments indicuied above. C imomer acknowledges ivevilli of a >iyued cup)or this Agre;nwol. Thu Ayreauleul is clot liindnlg us file Company until signed by an
authorired mans or ar exccutiry nlli • ` ol'file Compass,,
CUSTOME HOMETEAM PEST DEFENSE, INC.
Signalure: ,_,� Signature: -
primed Nanrcl�r printed leanw: Ken Colabella
ra'celiwe bile: upon documented installation
RIGHT TO CANC EI"r YOU, 771E CUST0:111M. JJAY C'ANCE1. THIS TRANSACTION AT AA'Y TIME PRIOR TO Sl1D;\9GI/T OF 771F THIRD 811SINESS
DA I' AFTER T1IF DATE OP THI S rRAN.U1 CTfOA: SFF T1NF,1TF IC11ED :YOTICE OF CiNCF.1,L, tT1ON FOR AN rXPLAVATION OF TUNS RIGHT,
'1'nR ItrMOVAL OF'n IF. BAIT Oil BAITING SYSTEM MAY RF_SULT IN A LACK OF Tt.RM ITE PROTECTION
&ants, Reenul and tiatutbe:ve rgtwer,d vadounk" of Doi,' AgroSeicnece LI C
f• Ifutn-Uni 1'sw Wen., I.e. 201.1(579ao 7YR) Ll3
Sedleo V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be solely responible for
maamtaaming the Treated Pro --isms free Amsay eatditim eotsdsWm to termite infection Coaludva." sac below for eanplammti % Time agrr:es
to be solely for idwui ttg mad eorrexttmg CoMditiasms C=ucive. The r+esponsibiilty rests metnsivdy with the COMM. mot wGh the Cry. Fttt[shr+t; of
tins Company to slat C to any of do above conditions does not altar Costa,atr's responsibility under this Se ctiam. in addition. the � off sty CatuRtsons
Camdsheiva dam was not titualy cerracted. including any Cwtditiaw Conducive existing but not visible at the time of the execution of this Agiroe;auat. Will pornmit the
Compaay, at Its solo ebscrdion. to terminate tlto AgrcemW Of to ro palm Customer to Purchase: any additional treatment required as a ratan of do Condidams
Conduave. Customer ogress to t'i* cooperate Wilt the Company during the term of this Agra mer% and sprat to maintain the arum(s) baited fife from sleds
condition Conducive. Other spoeific Items may be noted below in Additiwwl Comments" (Section XV).
CONDITIONS CONDUCIVE: CorAtioms Conducive include. but err not limited to, roof leaks. improper %=tiladan.��ityy plwu � of tier for Mow leaks a intnIS1013 tn
or mod the mrac uro; inherent druetwd problems. inclu ling. but mat limited to, wood to ground contact• masonry
insdntioa, :uteoo axpatmekd Patty or �� foundation systems. siding (includNtmg vinyl. wood and metal) if within 6 lathes of the
ground: maltlh or outer protective pound covering; and fines read trash. lumber, wood,trasleh. shrubs. vhmes, and other Protective grnwmd if Wllitln 6 ttmedies of
CDi!, d WA straeftm
Secdm VI. ADDITIONS. ALTERATIONS. AND OrHER CHANGES. This Agreement covens the Strucuae(s) ideadticd in Seted= I as of the date of the initial
ntsta tlon• ariU amtnmeatdy notify for Compmay in writing (1) prior to oho Strucunc(s) being modi" altered at otherwise clanged, (2) prior to
any teartt -icidr being applied on or dose to the location of any Staamsan. (3) if semi[ Is remove or added around the bundadon of the Structure(s) or (4) my eampering of
Wag � or supplies occurs. Failure to notify the Contyssny in witting of any evexu fisted abovv may vaid the Agreeimmeat. Additional seslricex e+axfteired by mY
addition. allerWan or adwrsuch avert may be prmrided by ths: CompasW at Custowees expcose. and may spire as adsststmcdri im fire r wwal fee.
Sexton VIL DAMAGE RELATED TO SERVICEL The Company will exercise due: care while, perfwmmg smwires howmder to attempt to avoid crag may put
of custameet property, Pia or Wit. tinder no ci, 10 K 11 dauem will the Company be vesponsdsle for damage caused by the Company at the times the work is
pdxfarrtod. except them danmaBes resulting from ross ne8bgenoe of the Company. Cast mw is r<ssponsmble, at Cstom ees sole; expel for refurbishes Cis
property(mcltt&g lawn,mad ) afl r iastallad n of the Stations. dds
Seedas VUL REPAIR AND RETRBATMENT OBUGATION . Casto er � • S�i� Company will mum do am f°��f°f aNdw at no -�a°i
Watation off termites am= in dw nested stivaare(s) during �•
charge. in addition,. sub3ott to the general te;nna and conditim of thisAt. � )) ��o (repair. t� � vat of trmud �).$).
The Cemapalo total Ileldllty will trot exooed In any am r year Ci
Iff MOW
S l jW pp eu the aggregate Drat the term e,f tame Ague t. ettclutSng a mad renewals.
1. custom" exprdcaly Waives may aMm for e�ornic. compeissory, or emmsegtsential dataugta rehaung to tic cxistence of Subteraaacan termites at
termite dmmges a for iaetMed costs. loss of use, business interrnptim ditniaudon, of vahta, army "stigma' demsmsge due to the Fesoce of Sttbictratsemn tatt:ites or
Subtenratmean termite dmntage. The Casco miner aclama o that the Company is perfi mmitg a service end eaicept for termite dannags repairs sot faith above and any
danoge to the stmcaro caused by the Company in flu pe rfa rim, oo of its :metes,. C:amoser waives any dahnt for property daanago. mad agsres that under no
cir noes shall Ctsmpanybe held liable for my emtouat greater that, the amount paid by the custom to Gamvany for the termite service to be I*fotamed.
2. Due to subterranean termite babies, termite activity way contiaae to be present to a structure for a period of time [allowing treatment. The Company is mot
�e for repairs of tstrit- riraueatn termite damage that oecxirs before the repair pardaa of the warranty becomes edteettve.
3. Th:a Company'b obli8ation to repair termite damage wiq become effective updsm the earlier of (i) elimination of the: eola�my or oolarhies totaled cum or about the Semite
Address or (I[)ire Brat e� of the � of the Ste. Colony olemitnation shall be declue�d to occur when. following two consecutive months of tgaaitcs
feeding on Raxuit tcradte bait In one or more termite bait stations heated at the Service Address. tie CbmpmO technician is unable to locate. far a period of bete
oonsoaidve service visits to the Service Addresa. my Siva termttea is say of tie termite bait stations located a the Service Address. If mew dmata®a as e:vid»d by the
presence of live temps, ateurs while the CAmpanys obligation to repair unnite damage is In fora following written mwi tabor (mmm Ctmstoreer ardi an — . _11ON by
time Company. tbo Company agrees to ralntbw Cwtomer for the re6omblc cost of the ram, but only to dw extent that do total eeasond to cart ofsw& repairs is
Leas than S200.pfl0 in army one athadsr year.
4. Subject to the hem hft provisions of this Sectidsa VIU.4. Cus-tOum will be quilled to select the contractor who will perform the aeede repairs to the sr�cated
structunKs). Prier to entexit1g Sato s contract with a sorer. Custer up= to ode the Company a copy olthe prapoaed coatrad a written, bid. If the compm
detertrAnes the bid to be excessive. Custmser agues to grant access to she treated structure(s) to a contractor dedpated by the Company for the pit gt,se of obuk tip a
second bid for dw work. In caacsttt whore there: are multiple bblis for repair vtv& Cuatamarr 3dcnaw4cdSw that the Company reserves time tight to saber the eonuwtet to
pertmm the rapalm
S. Thor Company is not responsible far the repair of cidw visible damp (nested on the attswW inspection graph) or hidden damage existing as of the date of this
AgrvermeM The Coatpany does mot guarantee that the damage disclosed on the attached ia"ior graph Wmsmmts all of the existing damage as of the date of this
Agrammettt. The Camspatmy wM not be rapoassible for (l) My damage cowed by termites to the treated struetur4s) or the: cantea u dwreof aurhft pdar to or
fdbwiag the tarn of this Agreement or (2) any costs or expenses incurred by Customer as sa result of any such charge. G:mt:toMw waives 90 claims ftr
damage to the property or people that any resdt directly or ladirectiy from sexvicen provide:, by the Cotyhys with the sole' exeepdon of dalms for damages
doe to the gross negAgence of the Coaepaoy atad►or its enqftemt is eoadidoned Custoamees payntteut in full of the pd o set forth in, Salt U
Sennett IX. PAYMBNT. The %0 obhigdian to perform under Ibis A iaa� terminate in its emsirety sod acid be
above Ctatomees lhiture to pay such Fdoe is #A will tense this Agroe;atemmt
disdsasgod of all Kability. All emmaws paid. wow. grill beootsroe the ► of throe Coraparry as liquidated �. The itm:<alhmti,:n fee is ehtme pe<y86�
at too lilac of throe: Initial savite. The: reaewel fee is due and payalsia upon raxipt of Invola. Invoices flat are not paid within thirty (30) days of the Widen elate: WM
accrue an the unpaid balance at a rate c1Fd to dw lesser of 1.5% per month (18%per ye w) or the maximum rate allowed by law. to the event drat 1eEal modeler ffi
wry to collect any amount date the CoilmMy. the Camay will be emoted to re eover [foam Customer ail cots of colketio% including reasonable atcameye fW16
in add'idan to ail outsaandimg aamammts 496 the Company. hasesn > a m that the itmhiah term of this A� will be for to d" (12) months and wM be
Se ctloa X. TERM. LUM otherwise specifically provided for a maximum of four (4) mldidowl twelve: (12) most11 paiods6 611wift6 the
atitomssia11y renewed on an, anammal bases. for art addit!" twdve (I month period,
Initial tens Cum mer ofthe feeeadeeated is Seedon Q.B. of this Agreement (subject to adjustment as provided in thds:abseedoa), unim C111 tpWy
to the aid of ibc dean areat texas. This Afire =Cftt my be tee abated by dw Y or
eaaoels by giving the tmthex party writtea.ttotite at ld:ast [bitty (30) days haler 3o ism snob twmminstioa. At the card of t � {mkt
by Costumer. at army treat faltowittg the Initial terns. upon written notice to the adw party at least tilay ( ) days prow �� the
�� with your period, the service may be renewed saaually with tier mmtmtal eeomsat of both parties, arid. thhereafta. e:idwr party may
least thirty (30) days prior to time and of the then eument term The C,11)11.11111gany rose va the right to irmuse the price of service. This ASrecn at may be tertiaaNd by
Customer by providing writtam notice to [het Company within thirty (30) days following Customers receipt of the notice of Increase.
Secdma XI. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER
AGREEME IT BETWEEN THE PARTM% INCLUDING BUT 10T UMITED TO ANY TOIrr ANID
STATUTORY
UNLESS AND
ANY
CL $ AGREE
FOR
PERSONAL INJURY OR PROPERTY DAMAGE, SHALL SE SETTLED BY BINDING
OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION ("AAA') Olt. IF APPLICABLE, IT SHALL BE DETERMINED UNDFtt THE AAA PROCEDURES FOR CONSUMER -RELATED
DISPUTES. THE PARTIES EXPRESSLY AGREE THAT TILE ARBITRATOR SHALL FOLLOW TIILr SUBSTANTIVE LAW, INCLUDING THE
TERMS AND CONDMONS OF THIS AGREEMENT. AND THAT AW. ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE
CONSOLIDATED OR JOINED'VITA ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTIIER AGREEMENT OR INVOLVING ANY OTHER
PREMISES, AND WILL NOT PROCEED AS A CLASS ACTION, PRIVATE. AT1'0RNKY Gt NI' XUL ACTION OR SIMILAR REPRESENTATIVE
ACTION. EITHER PARTY 11AS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRAT01iS. x%D THE REQUESTING PARTY SHALL BE
RESPONSIBLE FOR TIIB COST OF THE ADDITIONAL ARBITRATORS. EITIILrR PARTY 4MAV REQUEST AT ANY TIME PRIOR TO THE
HEARING THAT THE AWARD BE .1CCOMPA.XIED BY A REASONED OPINIOA. THE
AWARD 30 DAYS
� A -RE BY B THEORIGARBITRATORS)
NAL AWARD S) SHALL
BE
FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT EITHER PARTY MAY WITHIN
BE RESPONSIBLE FOR ALL APPELLATE
ARBITttA1 APPEAL TO A THREEMEMBERAAN
PPR.AI. TRIBUNAL. THE APPEALING PAttTY StiAi.tOF . A CLEARLY
ARBITRATORS) FEES AND COSTS. THE APPEAL TRIBUNAL SIIAI.L�Y FINAQL AND BINDING. DINGI J,UDGMBNT MAY BETE ON
ERRONEOUS STANDARD. THE AWARD OF TILE APPEAL TRIBUNAL HALL BE
THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND COMPANY ACKNOWLEDGE AND AGREE THAT THIS
ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACMON INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERMD
BBy TUB
edlam vl. CIS CAL ARBITRATION
ACT.
.R SPECIAL HEALTH CONDITIONS. If Customer believes riot Custom" or outer oeaspaats of the treated
OMMO
sere or dozy (A) be sensitive to pesdeidler�termmiddde8 or their odors or (B) tttsve ostler henmtth GatcGtsorms timer may be affected by pesticlticldes or dttir adore,
c ,y rem: mtmet:da sba you met have as imiteai or a subsequent amrotsx paftued at your premises wait r01s have omsuited ariZb your �(!► ply - At �
win ithformatian ebamit t1:c to be used in trratimg the promises. By pcmduh* the treatment. nt. Customer assitm" the risk and waives
request. Caa�any will provide infom pion about the chemicals to
any and
ap claimms against the Caatpany in Qaaacetiaa with such saasitivity or ' 'lion. At your:eeNast, the Company pr+cw
be used in, trrft the preamim view owner of doe
Saban XIIL ASSIGNIABILITY. This Agreea:9 it is trssms&sabhe to a new awnet of the property located at the Service Addresspded that the m
ro -
renewal
comas into am mstataion and amouterueg s$r t with do Company. The Company reserves the right to 1-4,- a tramsfat foie. a+ t honedo Service
popeclynfty and change the [eras$ of the CompWs obligations wrier this AgmatIat � �► such transfer. Vpssa ttzc closing of the sale of the property
Address. this A81001M will terralaatem.
Section XIV. BNTIRE AGREEMENT AND SEVERABILITY- This Agreement sand the attached graph constitute the entire t between the Pia'
In this Ate. C.ustss>ser >s relying mY • � or sue• whadwt ord or wdum.
Cs»te esxpresslSr warrants and rcpr+ ehmat. emt�ag
that le mot and stilly set forth in ells A�gt+ceateat. If my pan of tilt A►� is bald to be invalid of hiaenfarceslde fat any . � �8 ta:sms t�
ead:dttiaas otdds AAA will remain in iitp three arm, cil'eex. TW tc of tbo Aft stated beam nay riot be; tnchdod a ahaW ordess a wriuea ehma8ra is
and same by a Corporate Officer of Commpany. No other employees or scum of Company hhavc aWhw ty w amend or alter any part of this as meaL
claw
Provided. however, that as td the paragraphs oat ARBITRATION. if the sentence precluding the arbitrator from condsictim8 as atbivatiat p 8
represeneve ear wee attorney general et her is fond to be invalid or mmforcesbte them the entirety of the ARBITRATION shall be ,method to be
deleted fimmt this Agreemme M
Settle! XV. ADDITIONAL COd1MLN fS.
Scorereon. R=%* =d 8aussba are rc&w" basks=& of Dow ApaSmeaca LLC. (32996 SYR) MIS
a lb mm air mn Pest Dogma. ta.2013