HomeMy WebLinkAboutAGREEMENT FOR INSTALLATION & MONOTORINGRE D
p SCANNED
HomeTeam BY D C 0 5 2017
PEST DEFENSE• St LUC'e CoUntn
St. Lucie COUntt%'. FL
Account No.:
AGREEMENT FOR
OF THE SENTRI(
Section I. GENERAL INFORMATION.
Name: C #D M-e-6Ld awaa,4 tam
Service Address: 9410 Pineb ark Crt
City: Fort Pierce I
i
State: FL Zip Code: 3�
Location of Treatment Sticker: Panel I
Linear Footage of Structure(s): 210 I
Section II. SERVICE COMMITMENT.
HomeTeam Pest Defense, Inc. (the "Company") will, in con
A. Install the Sentricon termite bait stations (the "Stati
above (the "Stmcture(s)") for the installation fee of
B. Monitor the Stations in accordance with the label d
fee of Zero
C. Total cost for the first year orinstallation and Mon!
D. The Annual Renewal Fee alter the first year $3-0—C
E. During the monitoring period, add and remove Rca
F. During the monitoring period, maintain all Stations
Section III. CUSTOMER UNDERSTANDII\
Customer understands that:
A. The Sentricon System involves installation and mo
from new termite colonies;
B. Intervals of front a few weeks to more than a year s
i. Installation of the Sentricon stations and sufo
ii. Addition of Rccmit termite bait.
C. During the interval(s) between installation of the S
involving additional structural damage, may occu
activity on a localized, short -ten» balls if dcsircd,
D. The active ingredient in the Sentricon System is ap
survival.) ll
E. In tests that it conducted on Recruit, Dow AgroSelr
very high levels of exposure, `JI
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.
INSTALLATION AND MONITORING
COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Billing Address: —5'lo NW M -P✓L ayrH L K.
City: �- It C A,4 6 r—
State:_ Zip Code:✓ Y99
Home Phone:
Work Phone:
Treatment Type: ❑ Corrective m Preventive
pli• nce with applicable federal, state and local laws, rules and regulations:
)ns') in t e soil a(ound the perimeter of the structure(s) (see attached graph) located at the Service Address
s aid � builder
re non, for a period of twelve (12) months immediately following installation of the Stations for an annual
o mg $ Zero
u'8 .amble bail from the Slalions as upproprialo;
serviceable cond;tion;
G OF PERFORMANCE OF SENTRICON SYSTEM.
I;torms, colony elimination with Rccruil termite bail, and subsequent monitoring for continuous protection
could be expected between:
ient lermite activity to allow the addition of Recruit termite bait; and
)lions and complete elimination of existing termite colonies, termite (ceding within the Structures, possibly
Additional services such as spot applications of conventional termiticides are available to combat termite
it are not needed for and will not contribute to lermito colony elimination.
insect growth regulator (Recruit) that prevents worker termites from molting. (Molting is critical to colony
nces LLC, the manufacturer of Recruit, observed evidence of very low levels of mammalian toxicity only at
F. Treatment is provided against the attack of subs ncan termites (Reliculilcmics spp., Hcicrotenncs spp, and Coptoter ics spp. (Formosan). This Agreement
does not provide for the treatment of any otlu1 pests, plant, animal or organism other than such termites, The Company has not inspected or treated the
slraclurc(s) for Ircaltli-rolalcd molds or fungi. By lase, the Company is not qualified, authorized or licensed to inspect for health -related molds or fungi.
G. The Company makes no representations regarding the exact location or number of any existing termite colonies.
Section IV. DOW AGROSCIENCES LLCIOWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands that:
A. The Sontricon System and all or the componen s of the Sentricon System ("Components") have been designed by Dow AgroSciences I.I.C. The Components
are and will remain the property of Dow AgroSciences LLC. Customer has no rights with respect to any of the Components, other than the right to their use as
installed by the Company on the Customer's pr�mises under this Agreement.
B. On expiration or termination of this Agreement, the Company and Dow AgroSciences LLC or their respective representatives are authorized by Customer to
retrieve from Customer's premises die Station and other Components for appropriate disposition. In addition, if the Company, for whatever reason, ceases to
represent or to be authorized m represent the S nlncon System,
I. The Company will:
a. So notify Customer,
I.
Offer Customer the alrn teatives of iber using a different form of termite protection or terminating this Agreement;
c. Credit the Customer for services p id for but not yet received, if appropriate;
d. Refund to tale Customer an arnouit equal to the fee paid for services not yet received if Customer elects to discontinue the relationship, or if the
Company cannot offer an effective alternative form of lcrmile protection; and
C. Retrieve, or allow Dow AgroSciences LLC or its representatives, reasonable access to the premises for the retrieval of tho Components; and
ii. Customer will:
a. Gram the Company and Dow AgroSciences LLC or their respective representatives reasonable access to the promises for the retrieval of the
Components; and
b. Either agree with the Company on the use of an alternative form of termite control or tenninote this Agreement.
PAYMENT METHOD. ❑ Cash ❑ Check O Credit Card
[[paying by credit card or recurring debit from your bank account, please complete the attached Authorization for Pro -Arranged Payments.
This Agreement contains certain liniltations jconditlons and exclusions on the Company's obligations. Please read the entire Agreement before signing.
In consideration for the Company performing thclscrvlccs specified above and subject to the tams and conditions of this Agreement, Customer agrees to make the
payrrg ' . 1 ove. tncr acknowledgFs receipt of a signed copy of this Agreement. This Agreement is not binding on the Company until signed by an
ay1F mud ma g r executive r of the CoImpany.
CUSTOMER: HOMET AM PEST DEFENSE, INC.
Signature: Signature: _
Printed Name: �• Printed Name: Ken Colabella
Email: Elrective Date: Date of install
GOM
RIGHT TO CANCEL: OU, THE CUSTOA ER, AfAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MID OF TH,HHIRD BUSINESS
DAYAFTER THE DATE OF THIS TRANS ACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FOR AN� r,Ti Ctf�Tyl,A'IdIGIIT.
THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTECTION
i
Sentricon, Recruit and Bairube are registered trademarks of Dow AgroSciences I.I.C.
0 HomcTam Pat Defense, Inc. 2013 1 (52986 5YR) 3113
Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be solely responsible for
maintaining the Treated Premises free from any condition conducive o temltte infestation ("Conditions Conducive," see below for explanation). The Customer agrees
to be solely responsible for identifying and correcting Conditions Co ducive. The responsibility rests exclusively with lite Customer, not with the Company. Failure of
lite Company to alert Customer to any of the above conditions does of alter Customer's responsibility under this Section. In addition, the existence of any Conditions
Conducive that was not timely corrected, including any Conditions onducive existing but not visible at the time of the execution of this Agreement, will permit the
Company, at its sole discretion, to terminate the Agreement or to require Customer to purchase any additional treatment required as a result of the Conditions
Conducive. Customer agrees to fully cooperate with lite Company during the term of this Agreement, and agrees to maintain the arca(s) baited free front such
Conditions Conducive. Other specific items may be noted below in " ddilional Comments" (Section XV).
CONDITIONS CONDUCIVE: Conditions Conducive include, but re not limited to, roof looks, improper ventilation, faulty plumbing, and tvalct leaks or intrusion in
or around the structure; inherent structural problems, including, but not limited to, wood to ground contact, masonry failures, and settlement of the foundation, foam
insulation, stucco construction, expanded polystyrene or styrofoam molded foundation systems, siding (including vinyl, wood and metal) if within 6 inches of the
ground; mulch or other protective ground covering; and firewood, 1 sit, lumber, wood, mulch, shrubs, vines, and other protective ground covering if within 6 inches of
contact with structure.
Section VI. ADDITIONS, ALTERATIONS, AND OTHER CH�NGES. This Agreement covers the Structurc(s) identified in Section I as of the date of the initial
installation. Customer will immediately notify the Company in writ g (1) prior to the Structure(s) being structurally modified, altered or otherwise changed, (2) prior to
any lemtiticide being applied on or close to ilia location of any Slali n, (3) if soli is removed or added around [Ito foundation of the Structures) or (4) any tampering of
baiting equipment or supplies occurs, Failure to notify the Comportin writing of any event listed above may void the Agreement. Additional services required by any
addition, alteration or other such event may be provided by the Company at Customer's expense, and may require an adjustment in the renewal fee.
Section VII, DAMAGE RELATED TO SERVICES. The Company will exercise due care while performing services hereunder to attempt to avoid damaging any part
of Customer's property, plants or animals. Under no circumstances will the Company be responsible for damage caused by the Company at the time the work is
performed, except those damages resulting from gross negligence of the Company. CVlhi...
responsible, at Customer's sole expense, for refurbishing Customer's
property (including lawn and landscape) alter installation oftheSta ions.Section VIII. REPAIR AND RETREATMENT OBLIGATION Customer hildi s. Subject to the general terms and conditions of this Agreement, if an
infestation ofsubterranean termites occurs in the treated structure() during theterment, the Company will retreat the area of infestation at no additional
charge. In addition, subject to the general terms and conditions oC finis Agreement, the Company will repair, at its cost, new termite damage to the treated structure(s).
The Company's total liability will not exceed in any one calendo year the lesser of (1) $200,000 or (ii) the fair market value of the treated structure(s), nor exceed
$1,000,000 in the aggregate over the term of the Agreement, inclu ing extensions and renewals.
1. Customer expressly waives any claim for economic, compens tory, or consequential damages relating to the existence of Subterranean termites or Subterranean
termite damage, or for increased costs, loss of use, business intertnption, diminution of value, or any "stigma" damage due to the presence of Subterranean termites or
Subterranean termite damage. The Customer acknowledges that he Company is performing a service and except for termite damage repairs set forth above and any
damage to the structure caused by the Company in the performance of its services, Customer waives any claim for property damage, and agrees that under no
circumstances shall Company be held liable for any amount greatqr thou the amount paid by the Customer to Company for the termite service to be performed.
2. Due to subterranean termite habits, termite activity may cohtinue to be present in a structure for a period of time following treatment. The Company Is not
responsible for repairs of subterranean termite damage that occurs before the repair portion of the warranty becomes effective.
3. The Company's obligation to repair termite damage will becotr+c effective upon the earlier or(i) elimination of the colony or colonies located oil or about the Service
Address or (ii) the first anniversary of the installation of the Stations. Colony elimination shall be deemed to occur when, following two consecutive months of termites
feeding on Recruit termite bail in one or more termite built stations located at the Service Address, the Company's technician is unable to locate, for a period of three
consecutive service visits to the Service Address, any live tennilcs in any of the termite bait stations located at the Service Address. If new damage, as evidenced by Ilia
presence of live termites, occurs while the Company's obligation to repair termite damage is in force, following written notification tram Customer and an inspection by
the Company, the Company agrees to reimburse Customer for the reasonable cost of the repairs, but only to the extent that the total reasonable cost of such repairs is
less than $200,000 in any one calendar year.
4. Subject to the remaining provisions of this Section VIII.4, Cumvntcr will be entitled to select the contractor who will perform the needed repairs to the treated
siructurc(s). Prior to entering into a contract with a contractor, �ustomcr agrees to provide the Company a copy of the proposed contract or written bid. If the Company
determines Ilia bid to be excessive, Customer agrees to grant ac ass to ilia treated structure(s) to a contractor designated by the Company for ilia purpose of obtaining a
second bid for the work. In cases where there are multiple bids for repair work, Customer acknowledges that the Company reserves the right to select the contractor to
perform the repairs.
S. The Company is not responsible for ilia repair of either vis blc damage (noted on llte ailachcd inspection graph) or hidden damage existing as of Ilse date of (Iris
Agreement. Thc Company does not guarantee that the Jamog disclosed on the attached inspection graph represents oil of the existing damage as of the date of this
Agreement. The Company will not be responsible for (1) andamage caused by termites to the treated structure(s) or the contents thereof arising prior to or
following the term of this Agreement or (2) any costs or expenses Incurred by Customer as a result or any such damage. Customer waives all claims for
damage to the property or people that may result directly or Indirectly from services provided by the Company, with the sole exception of claims for damages
due to the gross negligence of the Company and/or Its cmplbyces.
Section IX. PAYMENT. The Company's obligution to perfo under this Agreement is conditioned upon Customer's payment in full of the price set forth in Section it
above. Customers failure to pay such price in full will caul this Agrccmcnl to automatically and immediately terminate in its entirety and the Company will be
discharged of all liability. All amounts paid, if any, will become the property of the Company as liquidated damages hereunder. The installation fee is due and payable
at The time of lite initial service. The rcncnval fee is due and payable upon receipt of invoice. Invoices that arc not paid within thirty (30) days of ilia invoice dale will
accrue interest on the unpaid balance at a rate equal to the lessFr of 1.5 % per month (18 % per year) or the maximum rate allowed by law. In the event that legal action is
necessary to collect any amount due the Company, the Company will be entitled to recover from Customer all costs of collection, including reasonable attorneys' fees,
in addition to all outstanding amounts duo time Company.
Section X. TERM. Unless otherwise specifically provided Itprcin, Ilse parties agree that Ilse initial term of fills Agreement will be for twelve (12) months and will be
automatically renewed on an annual basis, for an additional Ilvelve (12) month period, for a maximum of four (4) additional twelve (12) month periods, following ilia
initial tern upon payment by Customer of the fee indicated iu Section II.B. of this Agreement (subject to adjustment as provided in this subsection), unless either party
(30) days prior to the end of the then current term. This Agreement may be terminated by the Company or
cancels by giving the other party written notice at least Ihiny
by Customer, at any lime following the initial term. upon written notice to the other purty at least thirty (30) days prior to such termination. At the end of thus rive (5)
year period, the service may be renewed annually with the mutual consent of both parties, and, thereafter, either party may terminate the service with written notice at
least thirty (30) days prior to ilia end of the then current (err+. The Company reserves ilia right to increase the price of service. This Agreement may be terminated by
Customer by providing written notice to the Company within thirty (30) days following Customer's receipt of the notice of increase.
Section XI. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER
AGREEMENT BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR
PERSONAL INJURY OR PROPERTY DAMAGE, I 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 ("AAA") 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
TERhIS AND CONDITIONS OF THIS AGREE.ME.NT AND THAT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE
CONSOLIDATED OR JOINED WITH ANY ACTION R LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER
PREMISES, AND WILL NOT PROCEED AS A CLXSS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE
ACTION. EITHER PARTY HAS THE RIGHT TO RF.,QUIRE A PANEL OF THREE (3) ARBITRATORS, AND THE REQUESTING PARTY SHALL BE
RESPONSIBLE 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 ARBITRATOR(S) 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
ARBITRATOR(S) FEES AND COSTS. THE APPEAL, TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY
ERRONEOUS STANDARD, THE AWARD OF THEIAPPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON
THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND COMPANY ACKNOWLEDGE AND AGREE THAT THIS
ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED
BY THE FEDERAL ARBITRATION ACT.
Section XII. CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. If Customer believes that Customer or other occupants of the treated structure
arc or may (A) be sensitive to pesticides/temmiticicics or their odors or (B) have other health conditions that may be affected by pcsticicics/tcnmiticides er Ihcir odors,
Company recommends that you not have an initial or a subsequent service performed at your premises until you have consulted with your family physicinn. At your
request, Company will provide information about the citeppp���icals to be used in treating Ilse premises. By permilling the treatment, Customer assumes the risk and wu)ves
any and all claims against the Company in cormcclion with such sensitivity or condition. At your request, the Company will provide information about lite chemicals to
be used in treating Ilia promises.
Section XIII. ASSIGNABILITY, This Agreement is transferable to u now owner of lite property located at the Service Address provided that the new owner of the
property enters into an installation and monitoring agreement with the Company. The Company reserves the right to charge a transfer fee, adjust the annual renewal
rate, and change the terms of the Company's obligations under this Agreement upon any such transfer. Upon the closing of ilia sale of the property located at the Service
Address, [his Agreement will terminate.
Section XIV. ENTIRE AGREEMENT AND SEVERABILITY. This Agreement and the attached graph constitute the entire agreement between the parties.
Customer expressly warrants and represents that, in entering this Agreement. Customer is not relying on any promise, agreement or statement, whether oral or written,
that is not expressly and fully set forth in this Agrecmcnl. If any part of this Agreement is held to be invalid or unenforccable for any reason, the remaining terms and
conditions of this Agreement will remain in fill force and affect. The icons of ilia Agreement stated herein may not be amended or altered unless a written change is
approved and signed by a Corporate Officer of Company. No other employees or agents of Company have authority to amend or alter any part of this Agreement.
Provided, however, that as to the paragraph on ARBITRATION, if the sentence precluding the arbitrator from conducting an arbitration proceeding as a class,
representative or private attorney general action is round to be invalid or unenforccable then the entirely of [he ARBITRATION paragraph shall be dccmed to be
deleted from this Agreement.
Section XV. ADDITIONAL COMMENTS.
Sentricon, Recruit and Baitube arc registered tmdemarks of Doi AgroScicmm� I.I.C.(529xG SYR) 3/13
e) HonteTeum Pest Defense, Inc. 2013