HomeMy WebLinkAboutAgreement for the Installation of Colony Elimination' je %
HATeam
►cST Dcrcltsr
Aeeowt No,:
SAINT LUCIE COUNTY USE ONLY
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 SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section L GENERAL INFORMATION.
Name.-U-IbK Af v AeAolowood LI .
Service Address:.- l405 %10V t CA -
city: Fort Pierce
State: FL Zip Code: 3 y9s I
Location ofTreamcat stidter Panel
Linear Poatrgoofstrtcturc(ss 21n
Billing Address:_S90 AIN M ,,e4 y1+; )g-/_
City:�•i .r+ &Irw�
State• 9L Zip Code:,301A,
Home Phone:
Work Phone: —7-7Z -
Trentmeat Types: O Corrective 0 Proventivo
Section 1L SERVICE COMMITMENT.
Ho► aTeam Pest Ddfertse, Ina. (the'Company') will. in compliance wllh oppl'neablo faded, state and local laws, rules end rogwadwts:
A. In" Cho Sontrieon termite bait stations (the 1"c"') t e a g Chat paimas of tiro sCuaute(d (sea attached graph) loemod at tiro Service Addross
abovt(tho'Str a)9 for the imugalf" fee ofS =T
B. Maaltor a Stations In accordaano with the label diitoedans fora period of twelve (12) months Immo&d* following inststiaion tribe Stations for an annual
fwafS
l w C. Total ant ror Gm year of lastallation end Mordtoring $Zero
D. ThoAnnual Remw:dFee aft the first year s3Qb.110
E. During Cho momitaring period, add and remove Recruit® termite ball from the Stations as appropriator
F. Dtstag the trtoxdtoriagpalod, maintain all Strdians in servieable eomddon;
Section HL CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Coomer aadersiands that:
A. The Settricon System Involves installation and moaitoring, colony elimination with Recruit tamho belt, cad sttbtequeat ccohoring for continuous poateaion
from now temaite colonies;
B. Intavab of from a few weeks to more then a year should be expected betwacar.
i. hutalladon of that Saseioam stations cad sunciers termite activity to allow the addition of Recruit termite bait; and
IL Ad&dm of Reanit termite batL
C. Dosing the iatarval(s) between lasatMian of the Scions and complete elimination ofa fisting tesrntte ealooic% termite loading within the Structures. possibly
involving additional aauctuml damage, may ocau. Additional mvions such as spat applications of conventional termideides ore ambblo to combat termho
activity an a localized, shst4erm basis if dairc4 bm are not noWed forced will not eoatribute to termitecotony elimination.
D. The active Ingredient is the ScoWcon System is an tntect growth regdator (Recruit) dui prevents wo►ka termites from ►aoldng. (Mulling is crilieal to colony
survival.)
B In tau that it conducted an Reach, DowAgroWenoes I.I.C. tiro as n flower of Recruit, observed avidmc* of very low torsi: of roamnulien toxicity only a
very idgh loveb of exposma
P. Trestman is provided against the attack of subsxremmn tctmga (Redwliterma spp., Haerotermes spp. end Coptotemas spp. (Fermosen). This Agreement
don not provide fa the Uestruent of any other pas, plant. Wired or o►gartism other than such lamrifns. The Company has net Inspected or treated the
structure(s) for health added molds or fimgi. By law, the Company is not qualified, audmrered or licensed to inspect for hW drrelsted molds or fimgi.
G. The Compay,makes norepreiemutimuregarding the eowloeadonornumber ofenyaxistingtmnitecabaies.
Section IV DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Camoma dso understands the
A. Tho llemmicon System and all of the compacns of tho Scotrican Symm ('Caapoo mis9 fora bee designed by Dow AgreSeiewee LLC. The Compomms
am ad will remain the ptapeety of Dow AgraScictxes W.C. Customer has no rights with rasped to any eftm Componaw, other titan rho right to their use as
ins Bled by Cho Cantpany on the Customer's prentiw under this Agroemem.
B. On expiration or temminaion of this ASmemom, the Company and Dow AgneSeteaces LLC or ►rate respective representatives are autborized by Customer to
retrieve from Cwtomees premises the Stations and other Components for appropriate disposition. In addidoo, if tho Company, for whatever reason ecaa to
represent or to be authorized to represent the Sctnricon System,
I. The Company will:
a SoaotilyCusomer,
Is. Offer Oust*= the altemstivesofeither usbq;a dilfaem form oftermhe preteaienm terminating this Agreement;
e. Csedt the Glummer for services paid for but not yet received, ifappropriaa
d. Rdmd to the Customer an amount equal to the too paid for services not yet received if Customer elects to discontinue the relaionship, or if the
Company own at offer on oifeetivo alternalivafomn ofunnhe praedion.and
a Ratrievo, err allow Dow AVoScimces LLC or is representatives mamnable ac oss to the premise for the ret►ievo of Cho Components: and
g. Customer will:
a Groat the Company end Dow Agr4cimas LLC or their respective «pracotaives reason In access to the premises for the retrieval of the
Componerns; and
b. Either agree with the Company on Cho we of on aitemadw fam ofierrelle oantrol or temminatethis Agreement.
PAYMENT METHOD. O Cads O Cheek O Credit Cad
If paying by credit card or rocaning debit from your bank @=on%plane complete the rtnnehed Authorization for Pre-Armagod Payments.
Tbs Apeemmt eottatas eaasola Ilmtration% condldons and e:dwtons on bier Company's obliptloas. Plane read the entire Agreeaeot before slptbml.
Is consideration far the Company pafomting the services specified oborm and subject to the tams end conditions of this Agreement, Customs agrees to cafe the
paymeau indicated above. Cusoms odmowledges receipt of a signed copy of this Agreement. This Agteanatt is not binding on Cho Company until signed by on
ta&wiud manageror executive olTiea of the Company.
CUSTOMERS , HOMETEAM PEST DEFENSE, INC.
Stg,a,mo A �� k A A Al % Signstue,
P Nam:, !7 j/'b f E2mn IeS printed VOID/ FOR PRESLAS APPROVAL ONLY
F�rndl; % er• Go EIT«tiveDoe: NONEFFECTIVE
R1GHrWCANCEi YOU, ENE 170M1ER.AMYCAATELTIII.STRIM4ACTIONATANrFIMEPRIOATOMIDNIGHTOF7IIETN/RDBUTINM
DAYAMRTHE DAISOfTHIS TRANMCTiOK SEE THE ATTACNEDNOTICE OFCANCEELAT10NFORANEXPLANATIONOFTHIS RIGHT
THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTECTION
C"=drum Von Delonw,llm can e+dcau+ks of Doe AgeSdmoa LLG
(SN165M7113
it
SeNoa V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS Ike Customer come to be solely responsible for
maintaining the Treated Prmlism hco from any condition eondamivo to lemtite infestation ('Conditions Conducive,' sea below for exphaation). The Customs agrees
to be solely responsible for (dastlfying and correcting Conditions CorAteiva The responsibility costs mtduriveiy with the Customs, not with the company. Fatluro of
the COMM10 glen Customer to any of the above conditions does ant dor Castamefa respotwbili y under this Section. In addition, the existence of my Com ati m
Conducive WAS not timely eorreetad, including any Condition Conducive existing but not visible at the time of the earn mion of this Agreement, will permit the
Co am Nat solo discretion, to tamnirtato the Agreement or to rtquiro Caaoma to padoto any additional treatment required a small of the Conditions
Ce�w GSnttomrw agrees te Rlly 000perae with the Company during the tam of this Agrcemeru, and agrees to meWdn the eres(s) baited (me from such
Ccoditiam Cemdueiva 0tineryodBOltams moY keroted belowia'Additional COmtnents• (SeaionXV)
CONO)TfONS CONDUCNEt Condistoro Cmdueive iaeltede, but are mot liadted te, roof Irab imtpropa ventilation, faulty plumbing, and want leafs or Intrusion in
, m
or around the structuta hnhaam etttlduret problans, taeludmg but not limited te. wood te greed COt1In mmry rollores, and sddeman of the fowm dolion, foam*
insabtiorn, sNtte omstmdtoq atpmdad polyuyrea err dyrofoam molded fouadatlon systems, sfdiagg (Including vinyl, wood and mast) if within 6 inches of rho
growl; aadch or other ('relative ground covering; and limowood mask lumber. wood, mnlck, ahruM vtam mad giber protective ground covering irwithin 4 inehm of
coated wilt stmdura
Sedloo VL ADDITIONS, ALTERATIONS. AND OTHER CHANGES. This Agreement covers the SW surc(s) iderni0od in Section 1 as of the date of the initial
Installation. Costemcr will imaedistolp notify the Company in writing (1) prior to the Struetmr(s) being structurally modified, shared or oshawiso denged, (2) prior to
ear t rmhicido king appiled at or dose to the location ofany Station, (3) if sou is removed or added mound the rowdation or the Strocture(s) or (4) any tampering of
baltiag equlpme m or supplies owns. Failwo to notify the Company in writing of any am, acted above may vold the ASreemern. Additional services requited by any
addition, alteration or other satin ovmt may be provided by the Company at Cuntunces expoosa and may require m adjustment in the renewal roe.
Section VIL DAMAGE RELATED TO SERVICES The Company will exercise dun ease while performing services hereunder to anempt to avoid damaging any pars
of Customers property, plants or aniltsh Under no circumstances will the Company be raptuable for damage caused by the Compary at the time the work is
perfarmod atOrpl these damages rosulting from gross ttegligertco of tie Company. Cuttoerer s rerpontible. es Customers solo oxpenm, for refurbishing Curteme's
property (indudmg lows gad Itrtstacopo) agar irnstallatioa oftko StatlenL
8edleo VUL REPAIR AND RETREI17A7ENC OBLIGATION Cuslomarlablsb Subjam to the general tams and conditions of this Agramem, Iran
irtfestetion 0fsubterreneaa temdtes ooema {n the treated stmctorg(e) during thetom ofthts Agmeman, the Company will retreat the am of irdastatiw at no sdditicod
chugs fa additiaL wbjed to cite geaual terns and coaditions of tkis Agremtet, tiro Cornpmy sviu repair, at Its cut, now termite domego to the treated smudura(a).
Tito Compmy row lialrigry will not exceed in my ono calandsr yam the leas of (p t 200.000 er pq the fair market valor of the created stru it re(s), nor Wetted
SI,000,000 in the aggregate ova the torn of rho Agreemau, iacludkngestensions mad naawals.
1. Llptoma axpresaly waives coy daim for ecornotaia compatsaory, a tonsequeatial damages timing to the existence of Sub', , can temdlos or Subterranean
termite damage, or for imuaeted ems, ton of wet business Intarrepnlon, daaiautim of valuq err my'atigmo' damogo dun to the presence of Subtarrarsan termites or
Subtenranean tarmlto damage The Customer aemnowledges Untl the Company ie pafomsitns a ettviea and accept far tamila domw repairs sal froth above and any
dmrogo se the strocnmo eswed by the Company is Tha paformmco of is services Llwomar walres any claim rw property damage. and agrees the under no
draunaarees ehau Company bo hid liable far mry omsoutu grata than rho omomm paid by rho Llutetaa te Company for the termite service 10 be perrormaf.
2 Doo to anbtemaua termlta bakbs, termba act{rtty may eaatlona to lea prasetrl b • tltudun for a period orBme following trutmeaL The Company is not
respomdblo for rapatn ofsabtarraoua tesmUedamaga tbu octet bgfora ilea eepair PParlloo oftka womuly becomes effective.
7. Tim Cempsrnys obligation te repair tamttadamege will 6000np chfediro ntpm rho eatEa of (i) eilmiratm of the colony or colonies located on or about the Service
Addutm os (ti) rho fuss mmiversery of the insteuatim of the Ststions Colony diminution shall 6e daeraed to coots when. following two consecutive months orurmhn
loedm8 m Recmtt tcrmito Tedt in an or more tamUa trail MAW am legated a Ike Service Address, rho Company's technician is unable to Iowa. for a period of three
coosewtiva mrvico visits to the Service Addmss, any live tem ites In any ortho termite bait stations located m the Servfto Address. (rnew damage, as ovidmced by the
pretence of live umtite%awn whtto the Company's obligation to repels termite damage Is in force, following written notlRcallor from Customs and an inspection by
the Company, the Compmry open to reimburse Customer for rho reasonable cost of the rapairs, but only to the ement that the total mamnable cost of sneh repairs is
Ins than $200.000 in any on cdcadar year.
4. Subject to tho rmmaining provisions of this Section VIIIA, Customer will be entitled to select the contractor who will perform the needed repzn to the treaed
suuct uo(ol prior to Coaxial; into a contra" with a contractor. Customer agrees to previda the Company recopy of tho proposed contract or wrimam bid. If the Company
desa does the bid to be excessive, Customer agrce to grant access to the tested rtrodare( I to a contractor designated by tie Company for the purpose of obtaining a
somabid for the wok. In can where than co aaltiplo bids fbr repair work Customer admowledges that the Company reserves the right to sled the contractor to
perform the repairs.
S. The Company is not responsible for tint repair of either visible damage (toted an the attached inspection graph) or hidden damsgo existing as of the data of this
Agreement. The Company don rot guarantee that the damage Aulmtd on the attached Inspection graph represents an or the existing c anago as of the data of this
Agreement. The Company will not be responsible for (1) any damop caused by termites to the treated atradure(s) or the contents them Iarblog prior to or
following The term of ibis Agrssmtol or (2) coy eaµ or @specie Incurred by Customer as a rout of any such damage. Customer waives a0 claims for
damsp to The property or people that may result dirse0y, or indirectly from services provided by The Company, with Ths sale exception of ctalms for damages
data to the pass aeW�g"o crlhe Company andlor its employees.
Stdloa iX. PAYMENT. The Comp;Ws obligation to perform under this Agreement h conditioned upon Customer's payment in full of the price set forth in Section It
mbmL Cumomeh falwo to pay such price in !WI will couso This Agreement to automatically and tmmedtstoly terminao In is eadrdy and the Company will be
disrh" of au liability. All ammmme paid, irsay, will bocomo Use property of tho Company as liquidated damages hereunda. The Installation fee is duo and payable
at the here orthe initial service The rec owd foe is due and payable upon raceipt of invoice Invoices dot are net paid within thirty (30) days of the invoice doe will
aeauo Interval on the unpaid btdm ar es arm equal to the laser of I.M per marsh (I8% per yen) or the maximum toe allowed by tam. In the overt that legs! set = is
rooessay to celled mry amount due Iho Company, the Company will be emitted to recover ham Customer all costs of caueafon, inducting reasonable wameye fcm,
in addition to all aautandimg atcuisdue the Company.
Section X. TERM. Unless otherwise spodBediy provided herein, the panics agree that the Initial tern of this Agreement will be fa twelve (12) months and will be
automatically maawed m an annual buffs, for an additional twelve (12) momb *ad, for a mar(mwn of four (4) additional twelve (12) month periods, following the
Initial tan upon payment by Customer of the fee indicated In Section II.B. of tWo Agree mom (subject to adjustment ae provided in this subsection), unlns oither party
canals by Siving the other puny written notice al low thirty (30) days prior to the and of lho than coca tams. This Agreement may be laminated by tho Company or
by Customer, at any time following the Initial tern, upon written notice to the other party at lent thirty (30) days prior to each turaludom At rho cad of that five(S)
yea period, the service tray bo rmewed uatually with the mutua convent of bah Persia, and, therealtcr, either "may teratnao the service with written notice as
Inn thirty (30) days Prior to tie cod of the than current 1ersn. The Company reserves the right to it==* the price of service. This Agreement may be terminated by
Customer by providing written notice to the Company within thirty (301 days following Cuaomoeh receipt of tho 00900 of increase.
Station XL ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO TIIIS AGREEMENT OR ANY OTHER
AGREEMENT BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY Ci.AIMS, 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 ("AAAt') OR, 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 OFTHIS AGREEMENT, 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
PREMf M AND WILL NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE
ACTION. FISHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRATORS, AND THE REQUESTING PARTY SHALL Be
RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY OIAV REQUEST AT ANY TIME PRIOR TO THE
HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATORS) SHALL BE
FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT EITHER PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN
ARBITRAL APPEAL TO A THREE MEMBER APPEAL TRIBUNAL. THE APPEALING PARTY SHALL BE RESPONSIBLE FOR ALL APPELLATE
ARDTRATOWS) FEES AND COSTS. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY
ERRONEOUS STANDARD. THEAWARD OF TIIE APPEAL TRIBUNAL. SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON
THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND C051PANY ACKNOiVLEDGE AND AGREE THAT THIS
ARBITRATION PROVISION 1S MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED
BYTHE FEDERAL ARBITRATION ACT.
Section XIL CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS If Customer believes the Customs or other occupants of tho treated stswuro
are a may (A) be sensitiva to pullcidaltaatticides or their odors or (B) have ohs haalth conditions that may be affected by pouicideahermiticidos or their odors,
Company rcoammends The you not have ar Initial or a subscquam service performed a your promisee mail you have consulted with your family physician. At your
agamt, Company will provide Information about the clordeds to be used In treating the pramrn. By peminmg the hutment, Customer assumes the risk end wives
any and all chits agaimn the Company In connection with such etasitivity or condition. M your request, the Company will provide infor atim about the chemicals to
bousedintroomngthepre mism
Satins XIH. ASSIGNABILITY. This Agreement is trossi mole to a new owner of the property located at the Service Address provided that rho now owner of the
Property omen into an imtaltalon cod monitoring cgmeament with the Company. The Company reserves the right to charge a Irarohr fee, adjust the annual renewal
rase, and change tho taro of rho Compattys obligations under this Agreement open any such transfer. Upon the dosing ofthe ado of the property located at the Service
Address, Thb Agmcmant will termin o.
Sedloo XIV, ENTiRRE AGREEMENT AND SiiVERABILITY. This Agreamam and the arched graph amtituto tite entire agreemcat between the pales.
Customer arpressly warrants end represents that, In entering this Agreement. Customer is not relying on any promise, egroemont a statementt whether and or written,
the is mot otiprwiy and Rdly set Amin in this Agreement. if any pan of this Agreement Is held to be Invalid or ufwforwable for any resan, The remaining tamp cod
�tiom o 0aa Agrxmat will remain in fall rams and ofred. no emu of du Agrceanam stated herain may am be amended or ohered mless o written daagt is
approved and signed by a Corporate OB(ecr of Company. No other anptoycw or agem or Company have outhairy to amend at alto my pat of this Agreement.
Provided, however. that m to the pamggroph an ARBITRATION, if the Out= ptctludkg Ike arbitrator Pram conducting an arbitration proceeding as a close,
roprnaumlvo or private money general salon is foand to be Invalid or wemfllesoblo than the entirety of the ARBITRATION paragraph shell be doomed to bo
deleted from this Agreement.
Section XV. ADDITIONAL COMMENTS.
Smutesn, Rscnrk ad BdvAc am reataasd tradamb of0av AgraSekaers U.0