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HomeMy WebLinkAboutAGREEMENT INSULATION & MONITORING07/25/2018 05:28 AM PDT Hom Team "r f stLug N M1 V TO: 17724( t- ti SAINT LUCiE J!� . FROM:5616880909 Page: 1 ['HIS AGREEMENT PROVIDES FOR RETREATAIENT OF A STRUCTURE AND THE REPAIR OF DAMAGES �tJNTY USE ONLY CAUSED BY WOOD DESTROYING ORGANISMS WITHIN THE LIMITS STATED INTHIS AGREEMENT. AGREEMENT FOR THE INSTALLATION AND INiONiTORING OF THE SENTRICONS;COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION Section GENERAL INFORMATION. Name: GHO Homes Service Address: 3218 Bent Pine Dr City: Fort Pierce State: FL Zip Code: 34951 Location of Treatment Sticker. Panel Linear Footage of Structurc(sr 210 Section 11. SERVICE COMMITMENT, HonieT'cam Pest Defense, Ire. (lite "Company") will, in compliance with applic• d, A. Install the Sentricon termite bait stations (the "Stations") in the sail aro4nc above (the "structwe(s)") fur Cite installation fee of s,1)aid by buildc 11. Monitor the Stations in accordance with the label difcctions for a period o, fee it's Zero C. 'Total cost for the first year of Ins(allation and Monitoring s ZerO D. I'he Annual Renewal Fcc after the first year S_�(�Q•OO -_; E. During the mmnituring period, add and remove Recruit'& wra fte bait fruit F. During the monitoring period, maintain all Stations in serviceable conditi i Section III. CUSTOMER UNDERSTANDING OF PERFORI} Customer understands that: A. The Scmricon System Involves installation and monitoring, colony clfnun from new termite colonies; B. Intervals of from a few weeks to more than a year shuuld be expected beta, i. installation of the Sentricon stations and sufficient wrdte activity to ii. Addition of Recruit icnuine bait. C. During the fnterval(s) between installation of the Stations and complete cli involving additional structural damage, may occur. Additional services st activity on a localized, short-term basis if desired, bill ore nor needed for -.it D. The active ingredient in the Sentricon System is an inset growth regulata survival.) fi In tests that it conducted on Recruit. Dow AgroScienees I.I.C. the nmanufaa very high levels of exposure. F. Treatment is provided against the attack of subterranean lonuites (Rciicul does not provide for the treatment of any other pests, plant, animal or slmclurc(s) for hcahh-related molds or fungi. By law, the Company is nut r Ci. The Company nukes no representations regarding die exact location or nut Section IV, DOW AGROSCIENCES LLC OWNERSHiP OF Customer also understands that: A. The Sentricon System and all of the components of the Sentricon System cue and will retrain the property of Dow AgroScienees LLC. Customer his installed by the Company on the Customers premises under this Agreeme B. On expiration or termination of this Agreement, The Company and Dow i retrieve from Customer's premises tie Slatioru and other Components for represent or to be atllhorlzcd to represent the Sentricon System, i. The Company, will: a. So notify Customer; b. OIRr Customer the alternatives orcither using it different form c. Credit lite Customer for services paid for but not yer received, i� d. Refund to lite Customer an amount equal to the fee paid for s Company tannot offcr.mt effective alternative rural of termite p e, Retrieve, or allow Doty AgroScienees LLC: or its repiesentalive ii. Customerw•ill: a. Grant time Company and Dow AgroSciencus LLC or their rc Components; and It. Either agree with the Company on the use of un allernative turn Billing Address: 590 NW Mercantile Place City: Port St Lucie State: FL Zip Code:34986 Home Phone:" Work Phone:772-873-1711 Treatment Typo: 0 Corrective id Preventive federal, state and local laws, rules and regulaliotms: the perimeter ar the strvcture(s) (see attached graph) located at the Service Address twelve (12) months immediately following installation of the Stations far an annual file Staliom as appropriate; OF SENTRiCON SYSTEM. with Recruit termite bait, and subsequent monitoring for continuous paucctimm addition of Recruit temtitc bait: and iination of exiting termite colonies, termite feeding within the Structures, possibly i as spot applications of conventional temniticfdcs ire available to combat termite will not contribute to tcrmilc colony elimination. 'Recruit) that prevents worker termites from molting. (Molting is critical to colotly it r of Recruit, observed evidence of very low levels of mammalian toxicity only at ails spit., liciernicnnes spp. and Coptulormes spp. (Formosan). This Agreement imsnm otter than such termites. Tile Company has not inspected or treated the Iit)ed, authorized or licensed to inspout for heallh-rehued molds or fungi. m Ir of any csisling temte colonies, E:NTRICON SYSTEM COMPONENTS. cuts") have been designed by Dow AgroScienees I.I.C. The Components with respect to any of the Corponents, other than the right to their use as as LLC or their respectiverrepresentat(ves are authorized by Customer to e disposition. In addition, if the Company, for whatever reason, ceases to protection or terminating this Agreement; not yet received if Customer elects to discontinue tits rehationstup, or if the it; and able access to the prenmises for rite retrieval of the Components; and representatives reasonable ucccss to the premises for the retrieval of the PAYMENTMETHOD. O Cash ❑ Check O Cedit Cant If paying by credit card or recurring dchit front your Fink account, please coup lele the all, This Agreement contains certain ihnliatious, conditions and exclusions on the C:,:r in consideration for the Company perfunning the services specified above and subject to 11h payments indicated above. Customer acknowledges receipt of n signed copy of this Agrcan authorized m^ _ u • :cuuve officer ofthe Company. CUSTOMER: H0 4I Signature: rr�' Si;,matl Prinicii Manic: e-/ /L/ Printed Email: Zoe Effecti• Go yn RIb'/1T TO CANCEL: YOU, THE CUSTOMER, ALIY C,I NC'I, I. THIS TRANVACTION, DAYAFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE control or terminate this Agreement. Authorization. for Pia -Arranged Payments. y'i obligations. Please read the entire Agreement before signing. terns andconditions of this Agreement. Custumer agrees to mike the at. This Agreement is nut binding on the Company until signed by an PES-r DEFENSE, INC. a11te1 VOID/ FOR PRESLAB APPROVAL ONLY / Date: NONEFFECTIVE 'ANYTIMEPRIOR TOMIDNIGUrOFTHE THIRD 1101NILTV F CANCELLATION FOR AN EXPLLVATION OF THIS RI071T. I THE REMOVAL OFTHE BAIT Olt DArriNCSYSTEAI MAY RES�LT IN A LACK OFTERIMITE PROTECTION I Seovitoa, RKNit and D.u.bo — rcgi acred nadentarks .171).. AgroSeieac. LLC. C nnmcTun+Pear Dafcnsc. Ir . 2013 FILE C (524R[ 5YR).L'r3 Py 07/25/2018 05:28 AM PDT T0:177246fF1578� FROM:5616880909 Page: Section V. CUSTOMER COMMITMB.YT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be solely responsible for maintaining the Treated Premises free from any condition enducive to t I tte infestation ("Conditions Conducive; see below for exploration). The Customer agrees to be solely responsible for identifying and correcting Cc, titans Conduci e. The responsibility rests exclusively with the Customer, nor with the Company. Failure of the Company to alert Customer to any of the above conditions does not ol�er 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 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 the Company during the term of this Agreement, and agrees to maintain the *teals) baited lice from such Conditions Conducive.Otherspecifie items may be noted below in "Additional Comments' (Section XV). CONDITIONS CONDUCIVE, Conditions Conducive include, but are not limited to, roof teaks, improper ventilation, faulty plumbing, and water leaks of intrusion in or around the structure; inherent structural problems, including, but not limited to, woad to ground contact, masonry failures, and settlement of the foundation, foam insulation, sturco construction, expanded polystyrene or slyrofoam molded foundation systems, siding (including vinyl, wood and metal) if within 6 inches of the ground; mulch or other protective ground covering; and firewood, trash, lumber, wood, mulch, shrubs, vines, and other protective ground Coveting if within 6 inches of contact with structure. Section V1. ADDITIONS, ALTERATIONS, AND OTHER CHANGES. This Agreement covets the Structure(s) identified in Section 1 as of the date of the initial installation. Customer will immediately notify the Company in writing (I ► prior to do Stmcrum(s) being structurally modified, altered or otherwise changed, (2) prior to any terraiticide being applied on or close to the location of any Station, (3) )f 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 required by any addition, alteration or other such event may be provided by the Company at C - toes expense, and may require in adjustment in the renewal fee. Section VI 1. DAMAGE RELATED TO SERVICES. Thc Company will xereise due care while performing services hereunder to attempt to avoid damaging any pan of Cuuomees property, plans or animals. Under no circumstances will the Company be responsible for damage caused by the Company at the time the work is perfommal, except those damages resulting from gross negligence of the ompany. CustomCustomizes er is responsible, at Custozes sot- expense, for refurbishing Customer's property (including lawn and landscape) after installation of the Stations. Section VIiL REPAIR AND RETREATMENT OBLIGATION. Customer initials . Subject to thegenemi terms and conditions ofthis Agreement, Iran infestation of subtcmmeaa termites occurs in the treated strucmrc(s) during dte tern of this Agreement, the Company will retreat the area of infestation at no additional charge. In addition, subject to the general toms and conditions of this Agremuctil, the Company will repair, at its cask new temmit- damage to the treated stmcturc(s). The Company's total liability will not exceed in anyone calendar year lhvt lesser of (i) $200,000 or (it) the fair market value of the treated structuce(s), nor exceed S 1,000,000 in the aggregate over the term of the Agreement, including exterisiuns and renewals. 1. Customer expressly waives any claim for economic, compensatory, or6amilueadal damages relating to the existence of Subterranean termites of Snbter neap termite damage, or for increased costs, loss of use, business interruption, diminution of value, or any "stigme damage due to the presence of Subletrauean termites or Subtcrm um termite damage. The Customer acknowledges that the 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 �s services, Customer waives any claim for property damage, and agrees that under no circumstances shall Company be held liable for any amour greater than (he amount paid by the Customer to Company fur the lormito service to be performed. 2. Due to subterranean teradfe habits, lermlle activity may continue to be present In a structure for a period of time following treatment. The Company Is not responsible for repairs or subterranean termite damage that occurs before the repair portion of the warranty becomes effective. 3. The Company's obligatioa to repair termite damage will become effective upon the earlier of(i) elimination of the colony or colonies located on or about the Service Address or 00 the fist anniversary of the installation of the Stations. Colony elimination shall be deemed to occur when, fallowing two consecutive months of termites feeding on Recruit termite bait in one or more termite bait stations located'at the Service Address, the Company's technician is unabl- to loeatt, for a period of three consecutive service visits to the Service Address, any live termites in any of+(he temnite bait stations located at the Service Address. If new damage, as evidenced by the presence of live termites, occurs while the Company s obligation to repair termite damage is in force, following written notification from Customer and an inspection by the Company, the Company agrees to reimburse Customer for the rcwoiwbf a 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. l 4. Subject to the remaining provisions or this Section V111.4. Cntlatnef will be entitled to Select the contactor who will perform the needed repairs, to the treated smuetum(s). Prior to entering into a contract with a contractor, Customer agrees to provide the Company a copy of the proposed contract or written bid Ifthe Company determines the bid to be excessive, Customer agrees to grant access to the treated structures) to a contractor designated by the Company for the purpose of obiaining 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 the repair of either visible damage (noted on the attached inspection graph) or hidden damage existing as of the dote of this Agreement. The Company does not guarantee that the damage disclosed od the attached inspection graph represents all of the existing damage as of the date of this Agmemem. The Company will not be responsible for (1) any damage caused by termites to the treated struclare(s) or the contents thereof arising prior to or following the term of ibis Agreement or (2) any costs or expenses Incurred by Customer as a result of 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 grow negligence of the Company and/or is emptoyem. Section IX. PAYMENT. The Compary's obligation to perform under this Agreement is conditioned upon Custorttees payment in full of the price set forth in Section It above. Customers failure to pay such price in full will cause this Agmembnt to automatically and immediately terminate in is entirely and the -Company will be discharged oral[ liability. AI(amouns 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 the initial service. The renewal fee is due and payable upon receipt of invoice. Invoices that art not paid within thirty(30) days of the invoice date will accrue interest on the unpaid balance at a rote equal to the lesser of 1.5%per month (Ill0%per year) or the maximum rate allowed by law. In the event that legal action is necessary to co(loct any amount due the Company, the Company will be entitled to recover from Customer all costs of collection, including reasonable anomeye fees, in addition to all outstanding amounts due the Company. Section X. TERM. Unless otherwise specifically provided herein, the pant a agree that the initial term of this Agreement will be for twelve (12) months and will be automatically renewed on an annual basis, for an additional twelve (12) month period, for a maximum of four (4) additional twelve (12) month periods, following the initial term upon payment by Customer of the fee indicated in Section I1.B. of this Agreement (subject to adjus nem as provided in this subsection), unless either party cancels by giving the other party written notice at least thirty (30) days prior to the end of lbe then current term. This Agreement may be terminated by the Company or by Customer. at any time following the initial term, upon written notice to toe other party at least thirty (30) days prior to such termination. At the end of that five (5) year period, the service may be renewed annually with the mutual consent of both parties, and, thereafter, either parry may terminate the service with written notice at leas( thirty (30) days prior to the end of the then current tern. The Compan). reserves the 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 Cus(omces receipt of thenotiee of incroase, Section XL 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 AR6ITRATOR STiALL 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 WMI ANY ACTION 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 RIGHTTO 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 BE ACCOMPANIED BY A REASONED OPINION.THE AWARD RENDERED BY THE ARBITRATORS) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT EITHERI PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN ARBITRAL APPEAL TO A THREE MEMBER APPEAL TRiBUNALITHE 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 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 XiI. CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. If Cuutorna believes that Customer of other occupants ofthe treated structure are or troy (A) be sensitive to pesticideshemmidcides or thew odors or (B) bake other health conditions that may be affected by pesticidesh-rmitieides or their odors, Company recommends, that you not have an initial or a subsequent service donned at your premises until you have consulted with your family physician. Al your request, Company will provide information about the chemicals to be used Jill, noting the promises. By permitting ft treatment, Customer asiums the risk and waives any and all claims against the Company in connection with such sensitivity or condition. At your request. the Company will provide information about the chemicals to be used in treating the premises. Section XI11. ASSIGNABILITY. This Agreement is tramsfembie to a new o� vner of the property located at the Service Address provided that the new owner of the property cruets into an installation and monitoring agreement with the Company. The Company reserves the right to charge a transfer fa, adjust the annual renewal terms rate, and change the terof the Company's obligations under this Agreement upon any such transfer. Upon the elesing of the sate of the property located at the Service Address, this Agreement will terminate. AND SEVERABILITY. This Agreement Section XIV. ENTIRE AGREEMENTreement and the attached graph constitute the entire agreement between the parties. Customer expressly wnmrans and rcpr" am" that, fa entering this AgrecmenL Guslomcr is not relying on eay promise, agreement or statement, whether oral or written, that is rtoi expressly and fully set forth in this AgrccotenL•lf any par of this Agmement is held to be invalid or unenforceable for any remon, the remaining terns and tenditiaat of rots Agrecment wlli remain in full force and effect. The tams of the Agreement stated heroin may not be amended or altered unless a written change is approved and signed by a Catpomte Officer of Company. No other employees or it of Company have authority to -mend or alter any par of this Agreement. Provided, however, that as to the pamgmph on ARBITRATION, if the _atcncC pmluding tits atbitmor from conducting an arbitration proceeding as a class, rep lative or privet- atlomcy geneai action is found to be invalid or u i forceable then the entirety of the ARBITRATION paragraph slw8 be deemed to be delcted fain this Agrccmcnt Seetlon XY. ADDITIONAL COMMENTS. Staunton, Recruit and T)aimbe arc registered redeouris OfDow AMSciences I.I.C. (52986 SYR) Slil 0 HomeTtam best Defense, tat. 2013