HomeMy WebLinkAboutAGREEMENT08/9/2018 08:10 AM PDT 70:17.724621578 FROM:5616880909 Page: 1
_ iri%l/ /866— b1-q THIS AGREEMENT PROVIDES FOR
HomeTeam / RETREATMENT OF A STRUCTURE
PEST o l t t: M s t• AND THE REPAIR OF DAMAGES
CAUSED BY WOOD DESTROYING
�����SAINT LUCIE COUNTY USE ONLY ORGANISMS WITHIN THE LTMITS
A STATED IN THIS AGREEMENT.
sly Account No.:
st br'P 019-ml, AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section L GENERAL INFORMATION.
NamGE
e: �a fi—v %t.Gt�'otN Billing Address: r2fr0 A" 11_76/G/1l?-1;%
Service Address:0 / Rea� Oe • City: f f f' Lu ts4'
City; Fort Pierce State: Zip Code: 9 fe5 (o
State: FL Zip Code: Home Phone -
Location d(Treatment Sticker Panel Work Phone: ?72 87,2•— LJ-ZI
Wear Footage ofStrudure(s ?10 TrestmentType: QCormtive 92,Preventive
Section IL SERVICE COMMITMENT:
HomeTeam Pest Defense, Inc. (the "Company') will, in compliance with applicable federal, state and local laws, rules and regulations:
A. Install the Sentricon termite bait stations (the •Stattoas') n the soil cr�ggs the perimeter of the structure(s) (see attached graph) located at the Service Adtt ass
above (the'Stmcture(s)') for rho installation fee of S Id Ul l er
B, Monitor the Stations in accordmco with the label directions for a period If twelve (12) months immediately following installation of the Stations for an annual
fee of $ �eCO
C, Total cost for theftrstyearoflnstallation and Monitoring $Zero
D. _ The Annual Renewal Fee alter the lint year$ 300.00
E. During the monitoring period, add and remove Recruit® termite bait fro lithe Stations as appropriate•,
F• During the monitoring period, maintain all Stations in serviceable condition;
Section III. CUSTOMER UNDERSTANDING OF PERFORI}tANCE OF SENTRICON SYSTEM.
Custonter understands that:
A. The Srntricon System involves installation and monitoring, colony elimination with Recruit termite bait, and subsequent monitoring for continuous protection
from new termite cotanies:
B. Intervals of from a few weeks to mom than a year should be expected between:
i. Installation of the Sentrieon stations and sufficient termite activity to allow the addition of Recruit termite bait; and
ii. Addition ofReoruittermitebait.
C. During the interval(s) between installation of the Stations and complete elimination of existing termite colonies, termite feeding within the Structures, possibly
involving additional structural damage; may occur. Additional services such as spot applications of conventional termiticides arc available to combat termite
activity on a localized, shorMerm basis if desired, but are not needed for.and will not contribute to termite colony elimination.
D. The active ingredient in the Sentricon System is an insert growth regulator (Recruit) that prevents wmktr termites from molting. (Matting is critical to colony
survival,)
E. In tests that it conducted on Recruit, Dow AgroSciences LLC, the manufacturer of Recruit, observed evidence of very low levels of mammalian toxicity only at
very high loveis'of exposure.
F. Treatment is provided against the attack of subterranean termites (Reticulitermes spp., Heterotermes spp. and Ceplotermes slip. (Formosan). This Agreement
does not provide for the treatment of any other pests, plant, animal.orlorganism other then such termites. The Company has not inspected or trained the
structure(s) for heaftWa ed molds or fungi. By law, the Company is not qualified, authorized or licensed to inspect for health related molds or fungt.
0. The Company makes no representations regarding the exact location or number ofany existing termite colonies.
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands that: °
A. The Sentricon System and all of the components of the Semriem System ("Componenis•) have base designed by Dow AgroSciences LLC. The Components
are and will remain the property of Dow AgroSciences I.I.C. Customs brit no rights with respect to my of the Components, other than the right to than use as
installed by the Company on the Customer's promises under this Agreement.
B. On expiration or termination of this Agreement, the Company and Dow AgroSeiensea LLC or their respective representatives are authorized by Customer to'
retrieve from Customers premises the Stations and other Components Pot appropriate disposition. In addition, if the Company, for whatever tenon. ceases to
represent 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;
e. Credit the. Customer for services paid for but not yet received, ifappropriMe;
d. Refund to the Customer an amount equal to the fee paid for iervioes not yet received if Customer elects to discontinue the relationship, or if the
Company cannot offer an effective alternative form of termite protection; and
e. Retrieve, or allow Dow AgroScionees LLC or its repiesentativoa reasonable access to the promises for the retrieval of the Components; and
ii. Customer will:
a Great the Company and Dow AgroSciences LLC or their respective representatives reasonable access to the premises for the retrieval of the
Components; and
b. Either agree with the Company on the use of an alternative fort of termite central or terminate this Agreement.
PAYMENT MEI•HOD. 0 Cash t] Cheek U Cmdit Card
If paying by credit card or recurring debit from your bank account, plastic eempleto the ansched Authorization for Pre -Arranged Payments,
This Agreement contains certain limitations, conditions and exclusions on the Company's obligations. Please read the eotlreAgreement beforeslgning.
In consideration for the Company performing the services specified above and s4bject to the terms and conditions of this Agreement, Customer agrees to make 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
authori tang r at of the Company.
CU;TO R: HOMETEAM PEST DEFENSE, INC.
Signature: Signature:
Print PrintedNama VOID/ FOR PRESLAB APPROVAL ONLY
L�.aes (e o16,opj iS- rev" Effective Date. NONEFFECTIVE
RIGALTO CANCEL: YOU, THE CUSTOMER MAY CANCEL'TNIS TRANSACTIONATANYTIME PRfOR TO MIDNIGHT OF THETHIBD BMSW=
DAYAFTERTHEDATEOFTHIS TRANSALTIOX SEE THEATFACHEDNoricsoFeANcu gTIONFORANEXPLANATIONOFTHISRIGHT.
THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT 1N A LACK OF TERMITE PROTECTION
Seauieon, Recruit and &itube are mistersd tradaamks of Dow AgmSeiwacs I.M.
0 HonxTwa Pert Date=, in, 2013 (5t9Ee rM 3113
08./9/2018 08:10 AM PDT _ TO:17724621 78 FROM:5616880AO9 Page
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 termite infestation ('Conditions Conducive.' see below for explanation). The Customer agrees
to be solely responsible for identifying and correcting Conditions Conducive. The responsibility tests exclusively with the Customer, not with the Company. Failure of
the Company to aka Customer to any of the above conditions dots not alter Customer's responsibilify tender this Section. In addition, the existence of any Conditions
Conducive that was not timely corrected, including any Conditions Conducive. existing but net 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 Agreemo , and agrees to maintain the area(s) baited free from such
Conditions Conducive. Other specific items may be noted below in •Additional'Comments` (Section XV).
CONDITIONS CONDUCIVE: Conditions Conducive inelade, but are not limited t% roar leaks, improper ventilation, faulty plumbing, and water leaks or intrusion in
or around the structure; inherent structural problems; including, but not limited to, wood to ground contact, masauy failures, and settlement of the foundation, foam
insulation, mueco construction. expanded, polystyrene or styrofoam molded foundation symorm, siding (Including vinyl, wood and metal) it within 6 inches of the
Smund; mulch or other protective ground covering; and firewood. trash, lumbei, wood, mulch, shrubs, vines, and other protective ground covering if within 6 inches of
comact with structure. I '
Seaton VL ADDITIONS, ALTERATIONS, AND OTHER CHANGES. This Agreement covers the Structures) identified in Section 1 as of the date of the initial
installation. Customer will immediately notify the Company in writing (1) pdco lto the Stmcnaa(s) being smuts' caliy modified, shored or otherwise changed, (2) prior to
any termiticide being applied on or close to the location of any Station, (3) if soil is removed or added sound the foundation of the Structure(s) or (4) any tampering of
baiting equipment or supplies occurs. Failure to notify the Company in writiagl ofany 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 expanse, and may require an adjustment in the teaewd fee.
Section ViL DAMAGE RELATED TO SERVICES. The Company will exercise due sue while performing services hereunder to attempt to avoid damaging any part
of Customers 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. Customer is responsible. at Customers sole expense, for refurbishing Customers
property (including lawn and landscape) after installation of the Stations.
Seaton VHL REPAIR AND RETREATMENT OBLIGATION. Customer �altiahc . Subject to the general tam and conditions of this Agre ercm, if an
infestation of subterranean termites occurs in the treated stmctum(s) during the term of this Agreemem, the Company will retreat the am of infestation at no additional
charge. in addition, subject to the general terms and conditions of this Agreement, the Company will repair, at its cost. new termite damage to the treated structure(,).
The Company s total liability will not exceed in any one calendar year the Icissr of (i) $200,000 or (ii) the fair market value of the treated nrueture(s), nor exceed
S1,000,000 in'the aggregate over the term of the Agreement, including extenaions and renewals.
1. Customer expressly waives any claim for economic, compensatory, or consequential damages relming to the existence of Subterranean termites or Subterranean
termite damage, or for increased costs, loss of use, business interruption, diminution of value, or any •stigmo' damage due to rho presence of Subterranean termites or
Subtemamn termite damage The Customer acknowledges that the CompanyIis performing a service and accept for termito damage repairs at forth obove sad say
damage to the structure caused by the Company in the poefamumic of its services. Customer waives any claim for property damage, and agrees that under no
cimummaneu shall Company be held liable for any anouat greater than the amount paid by the Customer to Company for the termite service to be peffomned.
2. Dim to subterranean termite habith termite activity may continue to be present to a structure for a period of time following treatment. The Company Is nos
responsible for repairs of subterranean termite damage that occurs before the repair portion of the warranty becomes effective.
3. The Compary's obligation to repair termito damage will become effective uppn the earner of (1) elimination ofthe colony or colonies located on or about the Service
Address or (ii) the first anniversary of the installation of the Stations. Colony elimination shall be deemed to cc= when, following two consecutive months of termites
feeding an Recruit termite bait in one or more termite bait stations located m the Service Address, the Company's technician is curable to tocate, for a period of three
consecutive service visits.to the Service Address, any live termites in any of" termite bait stations Income! at the Service Address. Ifnew damage, as evidenced by the
presence of live termites, occurs while the Company's obligation to repair temalf a damage is in force, following written notification from 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
loss than $200,000 in any one calendar you.
4. Subject to the remaining provisions of this Section VIIIA, Customer %if, L entitled to select the contractor who will perform the needed repairs to the treated
sametum(s). Prior to entering into a contract with a contractor, Customer agrees m provide the Company a copy of the proposed contract or written bid. If the Company
determines the bid to W excessive, Customer agrees to gram access to the treated sweture(s) to a contractor designated by the Company for the purpose of obtaining o
second bid for the work. in cases where there are multiple bids for repair workI Customer acknowledges that the Company reserves the right to select thecontraetor to
perform the repairs.
5. 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 date of this'
Agreement The Company does not guarantee that the damage disclosed on the matched inspection graph represents all of the existing damage as of the date of this
Agreement The Company will not be responsible for (1) any damage tamed by termites to the treated structure(s) or the contents thereof arising prior to or
following the term at this Agreement or (2) any costs or expenses hearted by Customer as a'result of any snrh'damaga. Customer waves all claims for
damage to the property or people that may result directly or indirectly train 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 Customers payment in full of the price set forth in Section If
above. Customers failure to pay such price in full will cause this Agreement to automatically and immediately terminate in its entirety and the Company will be
discharged of all liability. All amounts paid, if any, will became the property of I Company as liquidated damages hereunder. The installation fee is due and payable
at the time of the initial service. The senewal fee is due and payable upon receipt of invoice. Invoices that are not paid within thirty (30) days of the invoice date will,
scerue interest on the unpaid balance at a rate equal to the lesser of 1.5%per month (1111% per yes) or the maximum rate allowed by law. In the event that legal action is
necessary to entices any amount due the Company, the Company will be entitle to recover from Customer all costs of collection, including reasonable attorneys' fees,
in addition to all outstanding amounts due the Company.
Section X. TERM. Unless otherwise specifically provided herein, the parties agree that the initial terra of this Agreement will be for twelve (12) months and will be
auomaticaily renewed on an annual basis, for an additional twelve (12) month period, for a maximum of four (4) additional twelve (12) mouth periods, following the
initial term 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
eanecis by giving the other patty written notice at log thirty (30) days prior to the end of the then curem term. This Agreement maybe terminated by tho Company or
by Customer, at any time following the initial term, upon written notice to the other party at least thirty (30) days prior to such termination. At the end of tha five ($)
year period, the service may be renewed annually with the mutual consent atboth parties, and. themadler, either parry may terminate the so i with written notice at
least thirty (30) days prior to the end of the then current term. The Company reserves the tight 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 Customers receipt of thenotiee 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 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
TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT HE
CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OK 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 BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBfTRATOR(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
ARRITRATOR(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.ICUSTOMER AND COMPANY ACKNOWLEDGE AND AGREE THAT THIS
ARBITRATION PROVISION IS MADE PURSUANT TO A'TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED
BY THE FEDERALARBITRATION ACT. I
Section XIL CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. If Customer believes Aim Customer or other occupants of the treated structure
are or may (A) be sensitive to peatisi"criniticides or their odors or (B) have other health conditions that may be affected by pesieideMermiticides or their odors,
Company recommnomis thm you not have an initial or a subsequent service performed at your premises antil you have consulted with your family physician. At your
request, Company will provide information about the chemicals to be used in treating the premises. By pertaining the treatment, Customer atscmes the risk and waives
any and all claims against the Company in connection with such sensitivity or condition. At year request, the Company will provide Information about the chemicsla to
be used in treating the premises
Seeman XIiI. ASSIGNABILITY. This Agreement is transferable to a new owner of the property located at the Service Address provided that the now owner of the
property eolers into an installation and monitoring agreement with the Company. The Company reserves the right to charge a transfer fee, adjust the ennuad renewal
rate, and change the terms of the Conpany's obligations under this Agreement upon any such transfer. Upon the'elosing of the sale of the property tamed st the service
Address, this Agreement will terminate.
Section XIV. ENTIRE AGREEMENT AND SEVERABILTTY. This Agreement and the attached graph constitute the entire agreement between the patios.
Customer expressly war efts 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 act forth in this Agreement. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining tame and
conditions of this Agreement will remain in full force and affect. The temu of the Agreement stated herein may not be amended or altered unleas'a written change is
approved and signed by a Corporate Officer of Company. No other employee; or agents of Company have authority to amend or alter any pan of this Agreement
Provided, however, that as to the paragraph on ARBITRATION, if the sentence precluding the mWoutor from conducting an arbitration proeaceling as a class,
represenraive or private attorney general action is found to be invalid or unenfomeable then the entirety of the ARBITRATION paragraph shall be deemed to be
deletedimm this Agreement.
Section XV. ADDITIONAL COMMENTS.
Sentrima, Recruit aced Baitube are neglstend ttadernarb of Daw AgraScienca LLC.
0 ft:ntTema Pen Defense, Ine. 2013 _ ($2986 SYR) 3113