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HomeMy WebLinkAboutSUBTERRANEAN TERMITE AGREEMENT- -- — — — - - (' )rate Office Address = X N � � N 2 4001 Virginia Avenue, Suite A saw ■ =__M .. g' Subterranean Termite Agreement was I �IL-M 0U-N Fort Pierce, FL 34981 ii ii EL_MV 14111W ■ (772) 429-7716 -2 CAKIN E D Services, Inc. Effective Date (Date of Treatment): Customer Name Ke�'L1 vered Premises: err t% ;7 J Billing address (if different) )et 2- 6 1 O 1 Ci r % � On iqa, G sn _� Street f _ T,QL,rG@ State f' 1 ® City State 4 _ Code �Telephone # (3A)) 33 l V Zip Code Telephone # ( ) Note: This Agreement covers only the covered premises specified above and cannot be transferred to another address fitment: This Agreement pertains only to Subterranean Termite control for the Covered premises specified above and described on attached graph which is part of this Agreement. This Agreement does not apply to Drywood Termites or other wood destroying acts or organisms. The type of treatment is: Preventive (no observed evidence) Q Presumptive/Existing (affected wood and/or live termites) Comer shall select from one of the two treatment programs listed: REFERS REPAIR BOND CUSTOMER INITIALS DOES NOT PREFER REPAIR BOND CUSTOMER INITIALS Aggregate Repair Limit— $500,000.00 Aggregate Repair Limit Zero Dollars Repair Coverage Activation from Effective Date Repair Coverage Activation Not Applicable Customer Repair Responsibility—, None Customer Repair Responsibility All Renewal Period (including initial year) Up to 10 years Renewal Period (Including initial year) Up to 10 years ubject to the conditions of Coverage found on the reverse side. ,erage: For a period of one year, beginning on the Effective Date shown above, Wipeout agrees to provide the necessary service I treatment for the�control Q�&bterranean Termites for the Covered Premises under the treatment program selected by Customer for sum of $ Ucm payable on completion by cash, check, or credit card accepted by Wipeout, In addition, eout warrants that while this Agreement is in effect, it will perform any further retreatment it finds necessary, free of charge, subject to conditions of Coverage found on the reverse side. n & Renewal: The term of this Agreement is for a period of one year, but may be renewed by the Customer on an annual basis for the ainder of the appropriate Renewal Period under the following conditions. Renewal for any additional one year period is contingent �n: (I)satisfactory reinspection of the Covered Premises by Wipeout for compliance with the Conditions of Coverage on the reverse and (ii) payment of a renewal fee as follows: ewal Renewal Renewal ith/Year.U/q Amount $ 1W Month/Year_LL/,2 Amount $&(s_ Month/Yearj/W Amount $ eout reserves the right, at Wipeout sole discretion, to change the annual renewal fee after the third renewal year, upon notice to Comer. This Agreement may be terminated by Wipeout if the Conditions of coverage on the reverse side are not satisfied. Customer is obligated to renew this Agreement beyond the one year term of this Agreement. This one year Agreement automatically terminates fie endo f each year if the Customer elects not to renew or upon the conclusion of the Renewal Period if Customer has renewed. By ing this Agreement, Customer agrees that Wipeout may call to notify him/her of renewals. rspection: While this Agreement is in effect, Wipeout will reinspect the Covered Premises in conjunction with renewal or upon sonable request of Customer. air (only pertains to customer purchasing repair bond): Subject to the Conditions of Coverage found on the reverse side and after ment of the Customer Repair Responsibility by the Customer, if Subterranean Termite damage occurs to the Covered Premises, or its tents, while this Agreement is in effect, then Wipeout will at its option either select a contractor to make repairs or pay the reasonable r of repairs as determined by Wipeout. No payment will be made by Wipeout unless Wipeout management has inspected the fered Premises or contents and approved in writing the specific area requiring repair and the cost of repair for the specific areas prior fie start of any repairs. ,mical Sensitivity: At Customer's request, Wipeout will provide information about the chemicals to be used in treating the Covered vises. If Customer or any member of Customer's household is or may be sensitive to chemicals or chemical odors, they should consult i their doctor before chemicals are applied in, on, around, or under the Covered Premises. IiCE TO CUSTOMER: 1. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. 2. DO NOT SIGN THIS AGREEMENT BEFORE YOU THOROUGHLY READ IT OR IF IT CONTAINS ANY BLANK SPACE. 3. IF WIPEOUT DOES NOT COMPLETE THE INITIAL TREATMENT, THEN THIS AGREEMENT SHALL BE DEEMED NULL AND VOID, AND WIPEOUT SHALL HAVE NO FURTHER RESPONSIBILITY TO INSPECT, CONTROL SUBTERRANEAN TERMITES, OR REPAIR ANY DAMAGE AND WIPEOUT SHALL RETURN ANY MONIES PAID BY CUSTOMER. 4. INSPECTION NOTICE LOCATED ON BREAKER BOX OR OTHER 'ICE TO BUYER - You, the Buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this saction. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER WRITTEN NOTICE TO WIPEOUT PESTS & TERMITES, INC. - 4001 VIRGINIA AVE., E A - FT. PIERCE, FL 34950 - NO LATER THAN MIDNIGHT OF: (DATE) Summary of Charges Signature Representative Signature Date Price ...................... $. Date FL sales tax............ CONTINUOUS INFORMATION ON REVERSE SIDE TOTAL DUE .............. CONDITIONS O.P. COVERAGE 1. Due to the habits of Subterranean Termites, more than one treatment.may be required to attain control. Additionally, subterranean Termite damage may exist in unexposed or hidden areas of the Covered Premises and Wipeout cannot assure that the damage discovered,by a yfsual inspection of the Covered Premises is all the damage which exists at the time of inspection. Accordingly, Wipeout is not responsible,for any repair of Subterranean Termite damage existing as of the Effective Date, damage which could have occurred prior to the Effective Date, or " ' damage occurring during the Repair Coverage Activation period reflected on page 1. Thereafter, Wipeout is responsible for the cost of repairs only when live Subterranean Termites are found where the claimed damage exists and the damage is reported during the period this Agreement is in effect. 2. Wipeout is not responsible for the cost of repairs arising from any Subterranean Termite damage which is caused by, arises from or is related to any of the following structural, maintenance or other conditions that might prevent proper inspection or treatment or are otherwise conducive to Subterranean Termite infestation; (a) contact between the ground and wood, such as wooden siding, support posts, decks and porches; (b) less than two inches of separation between the ground and any stucco (over frame) construction, siding materials (whether vinyl, metal, wood or other), insulation materials or styrofoam molded foundation systems that might permit hidden termite entry; (c) structural flaws, foundation or slab cracks, masonry failures, grade alterations or soil erosion; (d) moisture sources or conditions that might allow termites to survive without returning to the ground, such as faulty or leaking pipes, plumbing fixtures, roofing materials, gutters or downspouts, stucco or other exterior siding materials and improper or inadequate ventilation; or (e) improper construction or maintenance of any part of the Covered Premises. Nor shall Wipeout have any responsibility for the cost of any repairs required due to non-compliance with building codes. 3. It is Customer's responsibility to remediate any conducive condition described in paragraph 2 above. If, notwithstanding the above, Wipeout at any time during the initial treatment and during the period this Agreement is in effect, identifies any structural or other condition described in paragraph 2 above at the Covered Premises, Wipeout may notify Customer of that condition. Customer shall within thirty days thereafter remediate the condition at Customer's expense. If Customer fails to remediate the condition Wipeout may, at its option, terminate this Agreement and refund the most recent renewal amount on a prorated basis, 4. If Wipeout identifies any structural, maintenance or other condition at the Covered Premises which condition might prevent proper inspection or treatment or is otherwise conducive to Subterranean Termite infestation but is not described in paragraph 2 above, then Wipeout may notify Customer of that condition and, with Customer's approval, remediate that condition at Wipeout expense up to an amount not to exceed the amounts already paid to Wipeout by Customer under this Agreement, including any renewals. To the extent that such remediation costs exceed the amount of Customer's prior payments, Customer will pay any excess amount. If, upon such notification, Customer does not agree either to allow Wipeout to remediate the identified condition or to pay any excess amount of the remediation costs, then Wipeout, at its option may terminate this Agreement and refund to Customer the amounts already paid to Wipeout by Customer under this Agreement, including any renewals. 5. This Agreement covers the premises shown on the attached graph as it exists on the Effective Date. After Wipeout treats the premises, any structural modification or alteration to the building or to the treated soil around the foundation must be reported to Wipeout within thirty days. Wipeout obligation to repair or re -treat under this Agreement is terminated unless Wipeout is notified of the modification or alteration and, if required by Wipeout additional treatment is performed at Customer's expense. Wipeout failure to discover such modifications or alterations during reinspection does not relieve the Customer of its obligations. 6., Wipeout responsibility for repairs under this Agreement shall not exceed, in the aggregate and over the entire period this Agreement is in effect, including any extensions, renewals, and transfers, the Aggregate Repair Limit. In no event shall Wipeout be responsible for repairs to outside decks, sheds or fencing or redecoration in areas not directly affected by or in the immediate vicinity of Subterranean Termite damage or for indirect expenses or consequential damages relating to the existence of Subterranean Termites or Subterranean Termite damage, or for costs resulting from enforcement of any ordinance or law regulating the construction, repair, or demolition of a building or other structure. Customer's liability for repairs under this Agreement and during the period this Agreement is in effect shall be limited to the Customer Repair Responsibility and any amount in excess of the Aggregate Repair Limit. 7. Costs associated with the preparation of the Covered Premises for the initial treatment or retreatment including, but not limited to, remediation of conditions described in paragraph 2 above, flooring removal, access to plumbing entry points, landscaping, or other access deemed necessary by Wipeout, shall be the responsibility of Customer. 8. Wipeout reserves the right to revise the treatment methodology over the term of the Agreement. 9. In the event of a transfer of ownership of the Covered Premises, this Agreement is not enforceable or transferable unless and until (a) Wipeout reinspects the Covered Premises, (b) the transferee executes an Agreement and graph in the form then in use by Wipeout; and (c) the transferee pays (i) a transfer fee in the amount of $100.00 and (ii) any applicable renewal fee. In no event shall any such transfer extend the original Renewal Period. 10. Due to special and unique circumstances of Formosan Termites and notwithstanding the other terms of this Agreement, Wipeout shall not be responsible for damage which can be reasonably shown to have been caused by Formosan Termites within two years of Effective Date of this Agreement. For the Term of Agreement and any Renewal Period, the Customer shall pay the cost of any demolition construction or repair work required in order to obtain access to areas required to be treated or re -treated for Formosan Termites. 11. Wipeout shall have no liability under this Agreement for retreatment or repair of damages caused or necessitated by natural disasters such as, but not limited to storms, floods, tornadoes, hurricanes, fire, sinkholes or earthquakes. This Agreement shall terminate if any conditions exist which render performance impossible. 12. The printed form of this Agreement contains all of the terms and conditions of the Agreement. No alterations of or additions to this Agreement (other than information required to fill in blanks) are effective or enforceable unless the alteration or addition is signed by a Corporate Officer. 13. Customer and Wipeout agree that any and all claims and disputes, including but not limited to tort, statutory, or contractual claims or disputes, arising out of, in connection with, or in relation to the interpretation, performance of breach or any provisions of this Agreement shall be resolved, on an individual basis, by final and binding arbitration. In no event shall either party by liable to the other for indirect, special or consequential damages (including punitive damages), loss of anticipated profits or, unless precluded by law, attorneys' fees. This arbitration provision does not apply to any claim or dispute relating to the financing of or payment for this Agreement, any claim or dispute relating to any security interest in goods or services or any agreement or disclosure relating to any financing, payment or security interest. All arbitrations shall be held in the office of the American Arbitration Association ("AAA") in closest proximity to the Covered Premises. All arbitrations shall be administered by the AAA in accordance with its commercial arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. And federal arbitration law shall govern the interpretation and enforcement of this Agreement and all arbitrations under this Agreement. Customer and Wipeout acknowledge that the use of Wipeout services evidences a transaction involving interstate commerce and that any dispute as to the arbitrability of any and all claims or disputes shall be decided by an arbitrator pursuant to the provisions of this Agreement.