HomeMy WebLinkAboutMW-2 TAHomdeam PEST OIfINSI* a�
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 INST.ILLATIO\ AND .MONITORING
OF THE SENTRICONS COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Sectlon 1. GENERAL INFORMATION.
aLk Namc: _—
Service Address:
City. RMTEOL�• -
State: R Zip Code•_._..-., --
Location ofTraimetq Sticker: Panel -------
Linear Footage of Stractarc(sh 21 Q —
Billing Address.No W1JL) _ _ - n & Pl
City: a= = 1 i-PIL
State: r L Zip Code:S�A910—
1-lolne Phonc:
Work Phone-n a wi2tnu
Treatment T)Tc: J Corrective m Preventive
Section 11. SERVICE COHMITMEINT.
ItomeTeam Pest l3ciense, inc. (the "Company") wilt, in compliance ttith applicable federal, stale and local laws, rules and regulations
A. Install the Scatrieon teriaite bait stations (the "Stations" (n the sail around the perimeter of the structure(s) (see attached graph) located at the Service Address
above (the'";ttucutrc(af) for slur installation fee of S 3 5
B. +%tcnl:or the Stations In accordance with she label directions for a period of twelve (12) months Immediately following installation of the Stations far an annual
fee of S 200
C. 'Cons, cam for the lust year of installation and monitoring S 525
D. TIm Annual P.Mewal Fee oiler the Sint yenr S 400.00 .
P. During the monitoring period, add and move Rccndtaa termtle bait from the Stations as appropriate.
F. Mriag the monitoring period, maintain all Stations in sarvicicczblc condition:
Section III. CUSTOMER UNDERSTANDING OF PERFOR.MA.VCE OF SENTRICON SYSTEM.
Customer understands that
A. The Scatticon System Involves Installation and monitoring, colony elimination with Recruit tennite bun. and subsequent monitoring fur rwutinuwus protccticn
from Raw tontine colodioa;
a. Intervals or from a few weeks to more than a year should be expected between:
I. Installation of the Scmricon sunions and sufficient termite activity to allow the addition of Reclitit tcrmiw bait: and
ii. Addition of Recruit termite bait.
C. During the In CMI(x) bctwwm Ittxtailutlon of tht: Sattionsi and complete clituinasiost ref oxistinL tarnniW adonies, tetmsita feeding witltin the Struciunes, possibly
Involving additional structural damage. may ovuw. Additional scniecs such as spot applications of cunvcatltuesl termiticides are available to cnabat termite
activity on a locatlioxd, slim -teen basis irdasircd, but arc net needed for and will not contribute to termite colony clinninatton.
1). The active ingredient in tine Sentricon System i< gm insect ;m%th regulator (Recruit) that prevent% uurker tennitcs from mohing. (%,loltitsg is critical to colony
survival.)
is in test that it conducted on Recruit. Dow Aµntksusces Ll.c. lee awnuf tcinmr of Meerut$. oiwci%:d ctedenec of very low Idols of istmmmnlian toxicity only at
very high levels of cxpasurr.
F. Treatment h; provided against she attack or subteiranewi tertusics (Itcliculitctmcs s:np.. I fetcrotenues spp. and tbptotcrntes slip. (Formosan). This Agreement
does not provide for the irvatment of any Wiser pt..sts. plant. aninnal in organism otitcr than "tick tct:ttitct 'ilk Company has rust (nspoutcd or treated the
structure(s) foncvalth-shoed nxdds or grngi. By law. the Company is nut qualified, uutiwrfzrd us licensed to inspect for healdn•relatcd molds or fungi.
G. The Company makes no tepresentudo»s rcgardittg the closet location or number of any existing icitmite colonies.
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also unnderstand$ that:
A. Tha Scutricon System and all of the componcmts of the Scmricmn Sys= ("Components") have been designed by Dow AgmScicnccs LLC. The Components
arc and will rtanain the property of Dow AgroScicmces Id.C. Customer has no rights with mpcct to any of the com(wncnuti other than the rlght to their use as
installed by the Company on the Cumamces premises under this Agreement.
B. On expiration or terrainatima of this Agreement, Use Company and 17ow AgroScicttees I.I.0 or their respective repracntaiives are authorized by Customer to
retrieve from Custome t premises the Stations and other Cumponcists for appropriate disptarition. In addition, if the Company, for whataver reason, ceases to
reprrscnt or to be aarhodzed to rcinescta the Sentricem System.
i. The Company will:
a. So notify Customer.
Is. Offer Customer the alternatives of either using a different form of termite protections or tenuiratirng this ALrccmem;
c. Credit dso Customer for services paid for but not yet received. ifappropriate:
d. Refund to the Customer an amount equal to the (ce Iasd for services not yet reeived if Custotrax eletits w diutuminuc the relationship. or if the
Company cannot otter an effective altentativc form of termite protection; and
c. Retrieve, at allow Dow AgroSacnces LLC or its, representatives rcarota laic arress to the premises for the retric%-A of the Componems: and
ii. Custemcrwill:
a. (,rant the Company and Dow Arro.5cicnccs 1 I.c or their respective rquvsctstutiv� reasonable assess to site ptemises for etc retrieval of the
Compuncmts. and
b. rtither agree with the Company an the use of an alicmati%c forms of termite coturol or terminate this Agreement.
PAY%u?.%T M1M. ioD. L7 Cash 7 Check ❑ Credal Card
If paying by credit caud or recurring debit from your bunk aceonum, pleas.• complete the alsached .%ottwrvantm ft" Ptc•Arrang:d Payrocots.
This Agreement coatslas certain limitations, conditions and rtcluslans an the Company's obliastlna+. Ptastsr rvnJ the cnsirc .v(Cracraeut before 8gnln(l
in consideration for rho Company lwrforming the $civic." %peg,11w above and snbjeci to dw tensw cold condition% of tills ALncuscat. Customer asm- s to make ilia
payments indicated above. Ctt.tomcr a6Imo I4.%*s receipt of a Ago:d copy of this Agr.•.msrut. tints Ayrwistem is suit binding oo she Company until signed by as
authorizxd managar or cucutive oni of the company.
CUSTOMSf'� HOMETEANI PEST DEFENSE. INC.
Signature Signature:��'�
Printed Nsmc� r1111 t iS .'J �.�1.� --- Printed Jeanne: Ken COIabella
F.ntatl:
Effective Date: upon documented installation
RIQff Tq C.bYCI:Le IOU, Tl1E CVSTOd1isR, JM I' CANCEL T111S TRANSACTION d T jN )' TI vL-, PRIOR TO R11D,timit r OF T11E 7111RD OWNF.SS
DA rAFTBR rite DArz OF T!/!S TRAMM MON Sfrli T!!F.'.tT7 ,iC/!RD NOTICE OIr CANCELL.1 T1ON FOR w A, F.XPGANdTIOA' OF TI/1S RIG1i7:
THE RIWOVAL OF T11E BAIT Olt BAITING SY.STUM MAY RF SIII.T IN A I.ACK OFTEIWITr PROTECTION
Seotncom itecruit tend Itaitutic ire reptstered trsdensarks of Uow AgroSdenees I A C (11986 SYR) 3113
01(ovicTcaat Ml Dertuns. ire. 201)
Sadoo V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrocs to be solely MPoauble for
malawning tie Treated Preodses hoe Pram any Cooditlon conducive to teea lee infestation ('Conditions Conducive," we below for explanation). Thu Cmtslattser nn M
to be solely responsible for Wcadfying anti correcting Conditions Conducive. The responsm by rests exclusively with the Lbssoma. oat with the Com>pmsy. Fail= Of
rite Company to theft Customs b any of the above ditiems does not aitcr Ctisiotuee's responsibility uwjcr this Section. W addition, rho existeace or very Condidons
Candaetva that was ewt timely eotsceeed. enelud'aea say Cortdhtians Catxh+cive cxisling but oat visible at the time or the execution or this Agrommt. wm permit the
CetsagaaY, a its solo etiserettlen, to tcra'srnetO rho Agrcemteat ec w coytdre CUsnomcf to pumhasc any additional treatment regtdred as 0 ro saU of the CaadidsUs
Cantbtcirs Cotstatt:rr agrees to Rsib► cooperate wWn rite Company doting the teen of this Agm errant, and agrees to maintain the arce(s) baited Bee hats cub
Caadhtiuutt Ceutduciva. Other spdxiffe Ftcmns may !x noted batow in'AdiditiOaaI Coauneate (Stvdan XV). stab turd water labor itmsesist InCONDIflON3 CONDUCIVE: Casdittaas Catzeadvc inCludc. bw aaa not Eitaited to roof leaks, improper vcntilaom faulty pl irtg.
err arasttxi the strsxutro; lahoraht stresetwal probhemts, including. bus oat limited to, wood to ground contact, atasoary failures, and :cornmeal of the fauadmlO% foeah
iasula .W% stucco comma hm expacs of the
nded palyuyreaa or styroiaam molded foundation systems. siding (including vinyl. wood and mom If within issdsa Of
ground; tnuleh of Other peotccdve ground covering; and firewood. trash. lumber. wood• mulch, shrubs, vines. and ether prawctive ground covering
if within 6 contact with sttuuara.
Swd n VL ADDITIONS. ALTERATIONS, AND OTHER CHANGES. This AWcemeal covers the Strucuags) W=drtal in Seddon I as of the date of tiro Wds!
instaWtiao. Customer will inuncIliately Ootiry the Company in writing (i) prior to She Stru cturc(s) bung structurally modified, dw d or Wlmv sc c111484 (2) prior to
nay tandikide bcitg applied en ar dose to rho kelt oft" Statist. (3) sf soil Is r+cmovcd ar addod around the foundation Of cite Stnxttur(d ar (4) tray tamingperOf
baiting c;uipment ar supplies occurs. Failure tO nmiij► the Company is writing of any even Cited above may void the AgraUtxrti. Additioad services rapdred by any
additioa. akcration at other such evem may be pmvUcd by the Company at Customees expand. and toy requite an a4ummeat is the ratcwat foe.
Section VII. DAMAGE RELAYED TO SERVICES. The Campaay will 16XCfeisa due care whole pddarmwS soviets hereunder to atecmpt to avoid damaging any put
of Customeds psopetty, plants or atiatals. Under ao circuauteaccs will the Company be wspoasbta for damage causal by the Company at the that the work is
porno nted, except chase damages resulting from grow aegligemoa of the Company. Customer is responsible. as Custoomes solo expanse for rafnrbishing CWW nM%
paogaay (iadmIling lawn artd landscape) aft iustallsdaa of the Stations.
Section VIH. REPAIR AND RETREATMENT OBLIGATION. Customer W IAU . Subject to the gonerai toms and coodWons of this Agr eaten. if an
iaCcastian of obtalastn tea chn own in the treated strnxtr*) daring the term of this Agreement, the Computy will rcuea the arcs of Infestation as ao addidwel
eluarga Ia oddidor. usbjeCt to the 0 t and conditions of this Agree meat. the CamPany win repair. at its cost. tow teratho deasao to the noted stttetm+o(s).
The Comparo trial liability will as exceed to any an yea the laser of 0) S200,000 or (II) the fdr maw value of duo traatod s> s). tour exceed
51.00W= !n the aggregato aver the term of rho Agtsemack inchtdfnS a toeasio<m Used rega eals
1. Castc: cr expressly waives any c3aiat for ecoaoade. eompausa:wy. Or eaauqu=gW relating to the cxisccmc of Subttttraaccn teasoitcs a Subse a
teratitc dattegc. at for tocteosed COS% loss afar, business intterrtgtFoa, diminution of value, or uny'stigcta" damage dux to the gtesawe of Suhlargueen tatnitcs or
Subtermean termite damage. The Customtef acknowledges that rho Conpsny is performing a service cad except far t �Y a mpal:: sec forth ado
damage to rho structura caused by the Company In the pufbnn=ce of its satvioes. Came waives any claim for • and Agree that under
circumstances shall Company be hold liable for any amount gaeatcr than the amount paid by the Customer to C:ampaay for the termite servico to be performed.
2. Doe to subterranean termite habi% tumor( activity may continue to be present W a structure for a period of glum following treatment. The COmPUY !s oat
rCspoasEblc far repairs Or sublarrunenn taupe damage that occurs before the repair portion or the nu t any becomes effective.
3. The Cempa 20 ebltgatlm to repair lemmlte d=tV will became cffecdvo upon doe aahcr of (i) curnination of the colony or colonies lased on or abaul the Service
Address err (D) tine first snaiverssry of tba of the Stthties>:. C*W aWrdnsdoa shall be domed to adcur when. fallmiull two COOSOM* c tennis of eamites
korug on Recruit termite bait !n one or mare teradte ball matrons located at de Service Address, tho Company% technician is viable to locate. far a period of throe
feeding on service visits to the Service Address. nay live to rmites is nay of the termite be stations located u the Service Address. Iraaw daunt. as evh by the
ptsseace of live termites. oars while the Company�s obligation to rcpur leraitc damage is in farce. (Only t tg written l thateatitun ham CuttuOamer and as such
r air is
the Company. the Coatpaay agrocx to raimburse Cpstaautr far the rcasonable cost of tint repairs. but Only to aka extent that rho tuts) rcasoaablo cost arauddn repair: l:
Iess than S200.000 In any one calendar year. airs to the treated
a
4. Subject to the retnsiniag provisions of this Section VIIIA. Customer will be settled to select the Contractor who will form rise needed reg
stntctiuCis>. Prior w entering ima a eeatract with a contractor. Custotaa agrees to provide the Company a COPY of rise proposed contend err written bmi If tltoa�
deteraines the bid to bo axeessivd. Ctntomar n ants to groat access to the treated stracttrgs) to a contactor designated by the Company for She purpose of B a
wand bid for the wo& to ensos whoa there Ure Multiple bids for repair work. Cuamm ackoowtexlgas that the Company reserves tiro right to select the contractor to
perfarn the aapdm as of the data of this
S. The Company Is ant sespoasible far the repair Of eitha visible damage (noted an rite suacbed inspection or*) Or hidden dataagc existing s of the data of this
Agreement. The Company does not Suaramde that the damanpt disclosed on the at:acbcd inspection;mph nepwsaa all of the cxisttag damsg
Agreement. The Company will not des responsible for (1) any damage caused by temuitas to the welled strueture(s) or the contents thereof arlsing peter to or
following the Ierm of lhls Agrozateat or (2) soy costs or expanses incurred by Customer as a result of any such damage. Customer waives; all clshas for
damgge to the propeMy or people that may malt directly or indirectly from services provided by the Company. With the sale eseeptiea of eNalms or damages f
doe to the grass ere eaee Of The Company aodlor Its af=n ft&under s Conditioned n Customefs payment in (WI of the price act fortb is Sabot U
Section IL PAYMENT, MW Caazpsay's obligation w perfartt under tkk Aryeermatt ' sspo
will con th
shove. Customees WDuro to pay such prim in fill is Agrocnuern to asuoctatiCatly and Immediately taraiaate Fa Fs cntltrty and the Company will be
dlscbMW of oil liability. AD anotats paid. lfsay. will b000rac the pmputy orthe Company as 1Fguidatdd damages hatchmda. The iustalEatian he is dun and payable
as the lima of the initial scrAve. The seaewal ke Is dux toad payable upon soedpt of lavoim. htvelt es tMt are not paid within thrty (30) days of nix invoice date will
W= Fortress on the unpaid balance at a rate equal to eke lessor of 1.5%per maath (I1 %per year) or tba maximum rate allowed by law. In the event that I%d action Is
accessary to Collect nay amount due the Company. the Company will be entitled to recover (Iona Customer all costs of colleeemm including reasomble actataeysf Peas.
in addltian to all Outstanding a scams duo the Company.
Section X. TERM. Unless otherwise spacifieally provided hernia, the pMICS aghse that the initial It of of this Ageecctemt will be far tnvelve (12) rnmaatlhs toad will be
autaUsmticaUy roncwod an as amnttal basis. for an additional twelve (i3) month paiod. for a maximum of four (4) additional twelve 02)111001h periods► Wowing the
Initial tens upon payment by Custsrer of the fee Indicated in Sexton II.B. of this Agreement (subject to adjuustmsemt as provideda{ns tcrainatetl b the Casagao 0
caaools by giving the other party written notice at (east thisy (30) days prior to the aid of the then c meat terra. This n Suchtermnibe WrI. in the dud of the diva (S)
by Customer. a say time following the initial tact. upon written aodec w the otba party at laau thirty (30) days y tamissate the service with written notita at
year period, the service may be renewed annually with the m raw consent of both parties, and. tiro alter, dhtbef party
least tlshty (30) days prior to the end of the then atmeat tam. The COe y reserves the right to increase the price of service. This AgrecrOW May
tansi:ated by
leastotner by providing wripen notice to the Company widths thirty (30) days following Customcts receipt of the mock: of increase. ENT OR ANY OTHER
Scetieo XL ARBITRATION. IE PARTUM INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY CLAIMS. AANY CONTROVERSY OR CLAIM ARISIIC OUT OF OR RELATtNC TO THIS AGREEM
AGREEMENT BETWEENto TIND A ANY t:I.AItFOR
PERSONAL INJURY OR PROPERTY DAMAGE. SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE
PARTIES AGREE
OTSSItWISE, THE ARBITRA7ION SHALL BE ADMINISTERED UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION
ASSOCIATION THE
OR. IF APPWCABLEd IT SHALL BE DETERMINED UNDER THE AAA PROCEDURES FOR CONSUMER -RELATED
DISPUTM THE PARTIES 0 EXPRESSLY ACRES THAT THE ARBITRATOR SIIALL FOLLOW THE SUBSTANTIVE LAW. INCLUDING THE
TERMS AND CONDITIONS OF THIS AGRBR,\IENT, AND T111T ANY ARBITRAnoi PROCEEDING UNDER THIS AGREEMENT WILL NOT BE
CONSOLIDATED OR JOINED WITiI ANY ACTION OR LEGAL PROCEEDING UNDER A.VY OTIIER AGREEMENT OR INVOLVING ANY OTHER
PREMISES, AND WILL NOT PROCEED AS A CLASS ACTIOOt, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE
ACTION. EITHER P WILL
HAS THE RIGHT TO REQUIRE A PAXEL OF THREE (3) ARBITRATORS. AND THE REQUESTING PARTY SHALL BE
ACTION.
FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY 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
FINAL AN APPEAL TO A THREE MEMBER APPEAL TRIBUNAL THE APPEALING PAtrrY Sl1Al.1. BE RgSPONSIBLE FOR ALL APPELLATE
ARBITRATORS) F13F.S AND COSTS. THE APPEAL TRIBUNAL SHALL REVREIY ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY
ERRONEOUS STANDARD. TIIE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND B[iHDING. JUDGMENT MAY BS ENTERED ON
THE AWARD IN ANY COURT PAVING JURISDICTION THEREOF
CUSTOMER AND COMPANY ACKNOWLEDGE AND AGREE THAT THIS
ARBITRATION PROVISION IS MADE PURSUANTTO ATRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED
BY T IM FEDERAL. ARBITRATION ACT: of rite treated tSrtnetUta
Secdcu JELL CHEMICAL SENSITIVITY OR SPECIAL REALT13 CONDrnONS. if Customer behaves Ohal Custastcr OF other oecaPonts , _ , at riot odes,
ors or nf+aY (A) be seasidve to pcsticidcMenmitkWn or their Odom a (0) ban cooler health eOtndhtioss that may !zr affected by A-ly phy�Fo = At your
arc ar Company to that you oat have on initial at a subsequent service porfw!=d at your practises Uadl You have Consulted with Yalu
ugacA Company will provide information obatn the abceaFcaRs to be Used Fat treattag the prcmnises. By permitting C sg dun will vide information about the chemicals to
any sad all claiass sgaias the Caatpaay in Connection with such sensitivity or condition. At your request. ulna Company p
be used m treating clues pTamiscs. WW that the cow Owner of the
Serena- XItL ASSIGNABILITY. This Agreement is tramsterablc to a new owner of the property located at the Seight rvice A a >> fee. rise annual reaavral
�y Cates into an it�tion yard mookoriutg agreamsat with the Company. The om reserves � c��chargeaula transfer
property 11 d oa at aka Savior
Address- this thAgrccatats wgad d=V the tam ill r�amiaa�td. Y ��� � this Agtt upon any P'ur
Sectfaa )IV. ENTIRE AGREEMENT AND SEVErtABILITY. This Agreement and the atttuhcd W016 Constitute the entire agreement betw= the patties.
Cttstoctsf a xprassy warrant gad � the. in eatain8 this Art Customer tomer is to relying on any p agreementor ' whams cal or written,
that is net expressly anti lady set rash in this Agreement. If any pat of this A®cement is held to be invalid of aneafoodsble for nay reason. the randuing to=$ and
coWitions of this Agrvemad will romain in tall Ibrec and effect. The ecru: of the Agnemcai ststcd hasin may not be amanded cc skdred unless dtan Is
approved and signed by s Corporate Oiflecr of Company. No other employees or .goats of Company have authority to attend or alter any l of this A
PmvWcd, however. that as to the pnragmpb an ARBITRATION. if the semmm pretoaditug the arbitrator from RSITCOAduATioll yen arbitration shall be o a eo e,
ecptescatstivc or pri+rate atturae)v general action is found to be in• -Ad or uncafammb than she editidery of the ARIItTRATIOV paragraph shall be dcatrsad to be
deleted fora this Agramatt.
Scd1aa.XV. ADDITIONAL CO111hM*TS.
Saatieao. Reendh Lad 8"Obe to KVXacd usdamants of tea Ast4m icct LLC (52966 SYR)1r11
0 eta zd tam Pest Datltm e. lac. 2013