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HomeMy WebLinkAboutAGREEMENT FOR INSTALLATION & MONITORING' I x Ho�m�eTeam r Q O t J �S THIS'—'EEMENT PROVIDES FOR �(/ f l� J �(/ �RETREATMENT OF A STRUCTURE P I S T D I f t M S I• AND THE REPAIR OF DAMAGES COUNTY USE ONLY CAUSED BY WOOD DESTROYING SAINT LUCIE CO I ORGANISMS WITHIN THE LIMITS STATED IN THIS AGREEMENT. �� AGREEMENT FOR THE INSTALLATION AND MONITORING EMIBt �j�� OF THE SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION Section L INFORMATION. Service Address:/��Yf •Zf G City: Port Saint Lucie State: FL Zip Location ofTreatmaq Sticker Panel Linear Footage of Structure(.) 21 0 Section IL SERVICE COMMITMENT. HomeTeam Pest Defense, Inc. (the 'Company*) will, in compliance with applip A. Install the Sentricon termite bait stations (the'Statione)1n tea sod above (the 'Strudure(s)•)for the installation fee ofS ald b I7U B. Monitor he Stations in accordance with.the label directions for a par164 fee ofSLerO C. Total cost for the first year of Installation and Monitoring $Zero D. The Annual Renewal Fee alter the first year S 300.00 E. During the monitoring period, add and smovo Recruitg termite bait fr F. During the monitoring period, maintain all Stations in serviceable condi Section Ill. CUSTOMER UNDERSTANDING OF PERFOI Customer understands that: A. The Sentriean System Involves installation and monitoring, colony cI from new termite colonies; B. Intervals of from a few weeks to more than a year should be expected b i. Installation of the Sentrieon stations and Buff irient termite activity It. Addition ofR=Wttermitebait. C. During the interval(s) between installation of the Stations and complete involving additional structural damage, may occur. Additional service activity on a localized, short-term basis if desired, but ate not needed fo D. The active ingredient in the Sentricon System is an insect growth regal survival.) E. In tests that it conducted on Recruit, Dow AgroScicnces I.I.C. the mam very high levels of e:xpasure. F. Treatment is provided against the attack of subterranean termites (Rea does not provide for the treatmant of any other pests, plant, animal strudurc(s) for health -related molds or fungi. By law, the Company is n G. The Company makes no representations regarding the exact location or Billing Address: S9a /VW City: A ff ldjr; -C State: / 7 Zip Code% :I V& Home Phone: 77 Z — P-7- 2 / // Work Phone: e i if I/ Treatment Typo: U Corredive O Preventive rle federal, state and local laws, rates and regulations: nd the perimeter of the structures) (sec onached graph) located at the Service Address .er of twelvo (12) months immediately following installstio of the _St6eRE-@ mEo1VE D the Stations as appropriate; A U G 0 8 2018 a; 1ANCE OF SENTRICON SYSTEM. ST. Lucie Gourg7l perm ation with Recruit termite bait. and subsequent monitoring for continuous p Acctioi< - to allowthe addition of Recruit termite bait; and elimination of existing termite colonies, termite feeding within the Structures, possibly such as spot applications of conventional termitieidas arc available to combat termite and will not contribute to termite colony elimination. for (Remit) that prevents worker termites from molting. (Molting is critical to colony racturer of Recruit, observed evidence of very low levels of mammalian toxicity only at mlitermes spp., Hderotermes spp. and Coptotermes app. (Formosan). This Agreement it organism other than such termites. The Company has not Inspected or treated the 4 qualified, authorized or licensed to inspect for health -related molds or fungi. lumber crony existing termite colonies. Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS. Customer also understands that: I A. The Sentricon System and all of the components of the Sentriran System ('Components') have been designed by Dow AgmSciences I.I.C. The Components are and will remain the property of Dow AgroSciences W.C. Customer has no rights with respect to any of the Components, other than the right to their use as installed by the Company on tho Customer's premises under this Agreement. B. On expiration or termination of this Agreement, the Company and Dovi AgroSciences LLC or their respective representatives arc authorized by Customer to f retrieve ems Customee's premises the Stations and other Components for appropriate disposition. In addition, if the Company, for whatever reason, ceases to repre m, or to be authorized to represent the Sentricon System, i. The Company will: a. So notify Customer, b. Offer Customer the alternatives of either using a different form of termite protection or terminating this Agreement; a Credit the Customer for services paid for but not yet received, if appropriate; d. Roffmd to the Customer an amount equal to the fee paid for services not yet received if Customer elects to discontinue the relationship, or if the Company cannot otter an effective altemativa form of termite brotedion, and e. Retrieve, or allow Dow AgroSciences LLC or its representatives reasonable access to the premises for the retrieval of the Components; and ii. Customer will-. a Grant the Company and Dow AgroSciences LLC or their respective representatives reasonable access to the premises for the retrieval of time Components; and ' b. Either agree with the Company on the use of an alternative form of termito control or terminate this Agreement. i PAYMENT METHOD. 0 Cash 0 Check 0 Credit Card If paying by credit card or recurring debit from your bank account, pleaso complete the attached Authorization for Pre -Arranged Payments. This Agreement contains cereals Ilmltatioaa, coadltlons and exclusions on the Company's obligations. Piwe read the entire Agreement before signing. In consideration for the Company performing the services specified above and subject to the terms and conditions of this Agreement. Customer agrees to nuke the payments indicated above. Customer acknowledges receipt of a signed copy of this Agreement. This Agreement is not binding on the Company until signed by an authorized looage,[or executive oftieer of the Company. 1. Printed HOMETEAM PEST DEFENSE, INC. Signature: Printed Name: VOID/ FOR?RESLAB APPROVAL ONLY Elfedive Data NONEFFECTIVE Get m i RIGRTTO CANCEL• YOU, THE CUSTOMER, MAY CANCEL THIS TRANSA CTIONATANFTIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAYAFTER THE DATE OF THISTRANSACIION. SEE THE ATTACHED NOTICE OFCANCELLATIONFOR ANFXPLANATIONOFTHIS RIGHT 1 THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT 1N A LACK OF TERMITE PROTECTION 1 Senttoon, Ronuit oM Baitube am wsistcrod trademarks of Daw ASmSelcaea LLC F ►. L E ' O PY C HwwTeam Pat Defuse, Inc. 2013 (s29s6 SYR) 7/D 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 to term)to infedallon ( Conditions Conducive." see below for explanation). The Customer agrees to be solely responsible for identifying and correcting Conditions Conducive. The responsibility rests exclusively with the Customer, not with the Company. Failure of the Company to alert Customer to any of the above conditions does not alter Customer's responsibility under this Section In addition, the existence of any Conditions Conducive that was not timely corrected, including any Conditions Conducive existing but not visible at the time of the execution of this Agreement, will permit the Company, at is sole disesetion, to terminate die Agreement or to require Customer to purchase any additional treatment required as a rea th of the Conditions Conducive. Customer agrees to fully cooperate with the Company during the term of this Agreement, and agrees to maintain the am(s) baited free from soap Condition Conducive. Otherspeeifto Isms may be noted below in "Additional Comment• (Section XV). CONDITIONS CONDUCIVE: Condition Conducive Include, but are not ro limited to, of leaks, improper ventilation, faulty plumblog, and water leaks or intrusion in or around the structum; inherent structural problems, including, but not limited to, wood to ground conlaat, masonry failures, and settlement of the foundation, foam Insulation, stucco construction, expanded polystyrene or styrofoam molded foundation systems, siding (including vinyl, woad and metal) if within 6 inches of the ground; mulch or other protective ground covering; and firewood, trash lumber, wood, mulch, shrubs, vino, and other protective ground covering if within 6 inches of contact with structure. Section VI. ADDITIONS, ALTERATIONS, AND OTHER CHANGES., This Agreement covers the Stsucture(s) identified in Section 1 as of the date of the initial Installation. Customer will immediately notify the Company in writing (1) prior to the Stmurue(s) being structurally modified, altered or otherwise changed, (2) prior to any termiticido being applied on or close to the location of any Station, (3) if soil is removed or added around the foundation of the Structure(s) or (4) any tampering of baiting equipment or supplies occurs. Failure to notify the Company in writing of any event listed above may void the Agreement. Additional services rcquind by any addition, alteration or other such event may be provided by the Company at Curstomces expense, and may require an adjustment in the renewal fee. Section VIL DAMAGE RELATED TO SERVICES. The Company will cieseise duo cam while performing services hereunder to attempt to avoid damaging any part of Custom'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 time damages resulting from gross negligence of the Company. Customer is responsible, at Customer's sole expense, for reffubishing Cusommee's property (including lawn and landscape) otter installation of the Stations Seelloa VIII. REPAIR AND RETREATMENT OBLIGATION. Customer tafllatr� Subject to the general terns and conditions of this Agreement, Ven infamllon of subtemmean termites occurs In the rented stmctme(s) during the term of mttl[ figmment. the Company will retreat the tea of fnfestatiem at no additional charge. In addition, subject to the general torus and condition of this Agreement, the Company will repair, at its cost, new termite damage to the treated smttcture(s). The Company's total liability will not exceed In any one calendar year the lesser of (1) S200,000 or (11) the fair market value of the treated swcture(s), nor exceed $1,000,000 In the aggregate over the term of tho Agreement. Including extensions and renewals. 1. Customer expressly waives any claim for economic, compensatory, or consequential damages testing to the existence of Subterranean termites or Subterranean ma termite dage, or for increased costs, lair of sae, business Inmp tetiaa, dimiaution of value, or ony'sliW damage due to the preset= of Subtenumairt termites or Subterranean termite dange. The Customer acmowledges that time Company is performing a smiea and except for termite damage repairs set forth above and any damp to the strueturo caused by the Company in the perfomonce of its services. Customer waives any claim for property damage, and agrees that under no circumstances shall Company be held liable for any amanm greater than the imount paid by the Customer to Company for the termite service to be performed. L Doe to subterranean termite habits, termite activity may continue to lie present in a structure for a period of time following treatmeoL 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 become cffccdvc'upon the earlier of (1) elimination of the colony or colonies located on or about the Service Address or (H) the first anniversary of Tito installation of the Stations. Colony elimination shall be deemed to occur when, following two consecutive months of termites feeding an Recruit termite bait in one or mom termite bait station located at the Service Address, the Company's technician is unable to locate, for a period of three consecutive service visit to the Service Address, any live termites in any of the termite bait rations located at the SaWee Address. if new damage, as evidenced by the presence of live termites, occurs while the Compary's obligation to repair termite damage Is in fora, following written notification from Customer and an inspection by the Company, the Company agrees to reimburse Customer far the reasonable cost of the repairs, but only to the extent that the total reasonable cost of such repairs is less thm $200,000 is any one calendar year. 4. Subject to the remaining provisions of this Section VIIIA. Customer will be entitled to select the contractor who will perform the needed repairs to the treated alit Wnt s). Prior to entering into a contract with a contractor. Customer ounces to provide the Company a copy of tho proposed contract or written bid. If the Company determines the bid to be excessive, Customer agrees to grant access to the treated structum(s) to a contractor designated by the Company for the purpose of obtaining a second bid for acme work. In cases where there we multiple bids for repair work, Customer acknowledges that the Company reserves the right to select the contractor to perform the repairs. 5. The Company It not responsible for the repair of either visible damage (noted on the attached inspection graph) or hidden damage existing as of the date of this Agreement. The Company does not guarantee that the damage disclosed on the enriched inspection graph represent all of the existing damage as of the date of this Agreement The Company will not be responsible for (1) any damage caused by termites to the Mated structure(:) or the contents thereof arcing prior to or following the term of this Agrecmeat or (2) any cost or expenses lacurred by Customer as a result of any such damage. Customer waives all calms for damage to the property or peopfo that may result directly or Indirectly Isom services provided by the Company, with the sole exception of claims for damages due to the gross negligence of the Company and/or Its employees Section IX. PAYMENT. The Company's obligation to perform under this Agreement is conditioned upon Cusomees payment in full of the price see forth in Section It above. Customers Gilum to pay such price in Ail will cause this Agreement to automatically and immediately terminate in its entirely and the Company will be discharged of all liability. All amount paid, if any, will become the property of the Company as liquidated damages hereunder. no installation fee is due and payable at the time of the WtW service. The ramal fee is duo and payable upon toccipt of Invoice. Invoiees that we not paid within thirty (30) days of the invoice due will accrue Interest on the unpaid balance at a rate equal to the loner of 1.5%per i mnth (18% per year) or the maximum two allowed by law. in the event that legal anion is necessary to collect any amount due the Company, the Company will be entitled to sceover from Customer all costs of collection, including reasonable attorneys' fees, in addition to all outatndIng amount duo the Company. Section X. TERM. Unless otherwise specifically provided hernia, the parties agree That the initial tctrm of this Agreement will be for twelve (12) months and will be automatically renewed on an amoral bads, for an additional twelve (12) monde period. for a maximum of four (4) additional twelve (12) mouth periods, following the initial tam upon payment by Customer of the fee indicated in Section II.B. of this Agreement (subject to adjustment as provided in this subsection), unless either party esaceb by giving Oo other party written notice at least thirty (30) days prior to the end of the then current term This Agreement may be terminated by The Company or by Customer, at any tine following the initial can upon written notice to tiic other party at [cost thirty (30) days prior to such termination. At the end of that five (5) year period, the service may be renewal annually with the mutual consent of both panties, rod, thereafter, either party may terminate the service with written notice at least thirty (30) days prior to The end or the then current tam. The Company; reserves tiro right to increase time price of service. This Agreement may be terminated by Customer by providing written notice to the Company within thirty (30) days fallowing Custom er'a receipt arrive 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, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED JUNDER 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 TERMS AND CONDITIONS OF THiS AGREEMENT, AND THAT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACT[ON'OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES, AND WiLL NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE ACTION. EITHER 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 MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD 8E ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT ErFHER 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 ARBITRATORS) FEES AND COSTS. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL 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 XIL CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS If Customer believes that Customer or other occupant of the treated structure am or may (A) be sensitive to pesticideshemdlieides or their odors or (B) hive other health conditions that may be affected by pesticides/termiticides or their odors, Company recommends that you not have an Initial or a subsequent service perfonnad at your.pmmiser until you have consulted with your family physician. At your request. Company will provide Infatuation about the chemicals To be used in treating The premises. By permitting the treatment, Customer assumes the risk and waives any and all claims against the Company in connection with such sensitivity on condition. At your request, the Company will provide information about the chemicals to to used n tsoating the premises Sudan kill. ASSIGNABILITY. This Agreement is trumlerabla to a now owner of the property located at the Service Address provided that the now owner of the property enters Into an installation and monitoring agreancni with the Company. Ties Company reserves the right to charge a lransfcr fa, adjust the annual renewal rate, and change the tams ofthc Company's obligation under this Agtamentlupon any such transfer. Upon the closing of the sale of the property located at the Savior Address, this Agreement will terminate. Section XIV. ENTIRE AGREEMENT AND SEYERABILTTY. This Agreement and the attached graph constitute the entire agreement between the parties. Customer expressly warmat and rcpresart that, In catering this Agreement. Customer is not relying on any promise, agreement or statement, whether and or written, that is not expressly and fully see forth in this Agrectncnt. If any pan of Ibis Agreement is held to be invalid or uneaforceablo for any reason, the remaining toms and fam conditions of this Agreement will remain to full e and effect. The terms of the Agreement slated herein may not be amended or attend unless a written change is approved and signed by a Corporate Officer of Company. No other employee or agent of Company have authority to amend or alter any pan or this Agreement. Provided, however, that as to the paragraph on ARBITRATION, 'if the sentenco precluding the arbitrator from conducting an arbitration proceeding as a class, representative or private attorney general action is found to be invalid or taicafareoable then the eatircty of the ARBITRATION paragraph shall be deemed to be deleted from this Agreement Section XV. ADDITIONAL COMMENTS. Scamcm Recruit and Baltube are eegiacred vademarks of Dow AgmoSeieaee LLr. 0 110-Team Pot Defense, I= 2013 (52986 5YR) Y13