HomeMy WebLinkAboutGENERAL INFORMATIONI
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Ir PtST DEFENSE'
Account Na.: 1
SCANNED
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SAINT LUCID COUNTY USE ONLY
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.
AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section I. GENERAL INFORMATION.
Name: GHO Homes Corp Billing Address: 590 NW Mercantile PI
Service Address:3300 Bent Pine Dr City: Port St.Lucie
City: Fort Pierce State: FL Zip Code.34986
State: FL Zip Code: 34951 Home. Phone:772-873-1711
Location of Treatment Sticker. Panel Work Phone:
Lincar Footage of Structurc(s): 210 Treatment Type: O Comeclive 0 Preventive
Section II. SERVICE COMMITMENT.
Home'reantPost Defense, Inc. (Ihe "Company") will, in compliance with applicable federal, stale and local laws, rules and regulations:
A. lostall the Srnlricori termite bait stations (the "Stations") in the soil around [be perimeter of the stmeturc(s) (see attached graph) located at the Service Address
above (the "Strctum(s)") forth* installation fee of s paid by builder
D. Monitor the Stations.in accordance with di label directions for a period of twelve (12) months immediately following installation of the Stations for an annual
ree ofs Zdro
C. Totalcost for the first year of Installation and Monitoring s Zero
D. The Annual Renewal Fee after the first year $ 300.00
11 During ilia monitoring period, odd and remove RecruitO tcnnile bail front ilia Stalions as appropriate;.
F. During the monitoring period, maintain all Stations in serviceable condition;
Section III, CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Customer understands that:
A. Tiro Sentricon System involves installation and monitoring. colony elimination with Recruit termite bait, and subsequent monitoring for continuous protection
from new termite colonies;
D. Intervals of from a few weeks to more than a year should be expected between:
1. Installation of th 'Santricon stations and sufficient tcnnile activity to allow the addition of Recruit termite bait: and
iL Addition of Recruit termite bait.
C. During die intervdl(s) between installation of the Station% and complete elimination of existing termite colonies, termite feeding within the Structures, possibly
involving additional stretund damage, may occur. Additional services such as spot applications of conventional termiticides are available to combat tcnnile
activity on o'tocalized, short -tern basis irdesired, but orb not needed for and will not comributc to termite colony elimination.
D. Tho active ingredient in the ScntriconSystem is on insect growth regulator (Recruit) that prevents worker termites from molting. (Molting is critical to colony
survival.)
R In less that it conducted on Recruit, Dow AgroScicnccs LLC, ilia manufacturer of Recruit, observedevidence of very low levels of mammalian toxicity only at
very high levels of exposure.
F. Treatment is provided against the. attack of subterranean termites (Reliculiternes spp., Helcrotemncs slip. and Coptotcmes spp. (Formosan). This Agreement
does not provide for the treatment of any other pests. plant, animal or organism other than such termites. The Company has not inspected or treated the
structure(s) for health -related molds or fungi. By law, the Company is not qualified, authorized or licensed to inspect for health -related molds or fungi.
a. The Company makes no representations regarding the exact location or number ofany existing termitrcolonies.
Section IV: POW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands drat:
A. The Sentricon System and all of the components of the Sentricon System ("Componcns") have been designed by Dow AgroScicnccs LLC. The Components
are and will remain the property or Dow AgroSelenees LLC. Customer has no tight with respect to any of the. Components; other than the right to their use as
installed by the Company on ilia Customer's premises under this Agreement.
D. On expiration or termination or this Agreement, the Company and Dow AgroScicnccs LLC or their respective representatives are authorized by Customer to
retrieve from Customers premises die Stations and other Components for appropriate disposition. In addition, if the Company, for whatever reason, ceases to
represent or to be authorzed to represent the Sentricon System,
I. The Company will:
a. So notify Customer
b. Offer Customer the alteratives. of either using a different form of termite protection or terminating thisAgrecmcnt;
e. Credit time Customer fur services paid for but not yet received, ifoppiopriate;
it. Refund to ilia Customer an amount equal to (he fee paid for services not yet received irCustomer elects to discontinue ilia relationship, or If ilia
Company cannot offor an effective alternative fort of terudie protection; and.
e. Retrieve, or allow Dow: AgroScicnccs LLC or its representatives reasonable access to ilia premises for the retrieval of the Components; and
It. Customerwill:
a. Grant the Company and Dow AgroScicnces LLC or their respective representatives reasonable access to the premises for Ilia retrieval of the
Componcns;and
b. Either agree with the Company on the use of an altemative.form of termite control or terminate this Agreement.
PAYMENT METHOD. ❑ Cash O Chcck '❑ Credit Cana
If paying by credit card or recurring debit from your bank account, please complete the attached Authorization for, Pm-Arangcd Payments.
Thus Agreement contains certain Ilmltatlons, conditlons and exclusions op the Company's obllgatlors. Please read ilia entire Agreement before signing.
*jwFrQcai_ng the scrviccs specified above and subject to the term and conditions of this Agreement, Customer agrees to make the
inter acknowlekes receipt of a signed copy ofdnis Agreement. This Agreement is not binding on ilia Company until signed by an
officer oftheCom ny.
CUSTOMER: / e HOMETEAM PEST DEFENSE, INC.
Signature: Signature:
Printed Name: Ir11 printed Name: VOID/ FOR PRESLAB APPROVAL ONLY
cmail;r ccad@ ho omes.com ErreetiveData:NONEFFECTIVE
RIGIIT TO CANCEL: YOU THE CU5T0A1ER, A1.11' CANOEL Tins TRANSAmoNATANY TIME PRIOR TO MIDNIGHT OF THE 7111RD BUSINESS
DAYAFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FOR AN EXPLANATIONOF TINS R1G11T.
THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTECTION
SentHcon, Rccndt and Duhubc am rcgiatcrcd ttndemarlis of Dow AgmiSc1cn
O IlomeTeam Pest Dcfcnse.lac. 2013 (S29s6I .SYR) 3/13
LE
ft 0
Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer egress to be solely responsible for
maintaining the Treatod Premises fro from any condition conducive to temtito infestation ('Coadiriom Conducive' we below for explanation). The Customer agrees
to be solely responsible for identifying and correcting Conditions Conducive. The responsibility rears exclusively with the Customer, not with the Company. Failure of
the Company to dart Customer to any of the above conditions does not alter Costumers respomtbility under this Section. In addition, the existence of any Conditions
Conducive that wu 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 sale discretion, to terminate the Agramem of 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 Agreeman, ad agrees to maintain the arca(s) baited free from such
Conditions Conducive. Other specific items may be noted below in 'Additional Comment' (Section XV).
CONDITIONS CONDUCIVE: Conditions Conducive include, but am not limited to, roof leaks, improper ventilation, faulty plumbing, and water leeks or intrusion In
or around the structure, inherent structural problem including, but not limited to, wood to ground contact, me -my failures, and sculameat of the foundation, foam
Insulation. stucco construction, expanded polystyrene of styrofaatn 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, mulct, shrubs, vines, and other protective ground covering if within 6 inches of
contact with ssactum.
Section VI. 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 wriling (1) prior to the Struehme(s) being structurally modified, altered or otherwise changed, (2) prior to
any temdticde Win appUed am or close to tde locetl0no
of my Ststian, (3) if soil is removed or added around the foundation of the Store amm(a) or (4) any tampering of
baiting equipment or suppltw occurs Fatluro to notify mho Company In writing of any event listed'above may void the Agreement. Additional services required by any
oddilion, alterotioa or other such event tray bo provided by the Company of Cwtomcra expense, sad may require an adjustment in the renewal fee.
Sect Ion VIL DAMAGE RE WTED TO SERVICES. The Company will cxerolu duo earo while performing services hereunder to attempt to avoid damaging any part
of Ctmetoners property, plans or animals. Under no eircumstanees will the Company be responsible for damage caused by the Company at the time the work is
perforated, except those dommges rtautlting from grou negligence of the Company. Customer is respomble, at Customers sole expense, for refurbishing Customers
property(kelud(ng III
mad landscape) oiler itwalledonofthe Stations.
Seetloa VIII. REPNR AND RETREATMIiNT OBLIGATION, Customer lulNais .Subject to the general terms and conditions of this Agreement, if an
iafatatim of s.biermaem tcmdtes'oceurs ins the treated atnemrc(s) during die term of this Agreement the Company will retreat the man of infestation at no additional
charge. in addition, subject to the Several toms and conditions of this Agreement, the Company will repair, at it cost, new termite damage to the treated dructuWa).
The Company's total liability will not exceed in any one calendar your the !asset of (1) $200,000 or (ii) tine fair market value of the treated structure(s), nor exceed
S 1,000,000 In the sggreepte over the term of the Agreement, including extensions and renewals.
1. Customer expressly waives any claim for economic, compensatory, or consequential damages saluting to the existence of Subterranean termites or Subterranean
temdto damage, or for increased 'eo t& lose of use, businea interruption. diminution of vslue, or any'stigmm' damage due to the presence of Subterranean termites or
Subterranean termite damage. The Customer acknowledges that the Wmpwy is performing a service and except for termite damage repoin set forth above and any
damage to The dnetum caused by thc,Company in die performance of it scsvioes, Customer waives any claim for property damage, and agrees that under no
circumstances shall Company be held liable for any amount greater than the amount paid by the Customer to Company for the termite service to be perfosad.
L Dare to subterranean termite habits, termite activity may continue to be presrat to 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 become effective upon the earlier of (i) elimination ofthe colony or colonies located on or about the Service
Address or (it the Brat anniversary of the 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 bail 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 termites in any of the termite bait stations located at the Service Address. If new damage, as evidenced by the
presence of Bvo families, occurs while the Company's obligation to repair termite damage is is fume, following'written notification Dom Customer and an inspection by
w than f200�,me In m arnew rn'ar yr*u� Customer far mho reasonable
cost of the legato, but only to the extent that the total remomble coat of such repairs is
4. Subject to the rcmaitdng provisions of this Section VII64, Customer will be cnGOed to select the contractor who will perform Nana needed repairs to the treated
atroeture(s). Prior to entering into a contract with a conaacior, Customer agora to provide the Comtpany a copy of the proposed contract or written. bid if the Company
determine the bid To he execsriva, Customer agrees To grant a—'. to Nam treated timeturc(s) to m cmtmctor designated by the Company for Uo purpose orobtainmtg a
second bid for the work )n cases wham tharo ore multiple bids for repair work, Customer acknowledges that the Company reserves the right to select the contractor to
pcfforat Ono rc
S. The Company ls not mpomible for the repair of either visible damage (noted an the attached inapeeQm graph) or hidden damage existing w of the date of this
Agreere. The Company does not guarantee that the damage dtuloscd on the attsded inspection graph represents all of the existing damage as of the date of this
Agrcemem. Oct.The Company will not be responsible for (1) army damage caused by termlcs 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 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 eialms he damages
due to the gross megilgence of the Company andfor Its employees..
Section IX PAYMENT The Company's obligation to perform under this Agreement is condidomed upon Customers payment in full of the price set forth in Section li
above. Cuslomoes failure to pay such price in fall will cause this Agreement to automatically and immediately terminate in its entirely and the Company will be
discharged of all liability. Ali amormts paid. If any, will become the property of the Core paany as liquidated damages hereunder. The installation fee is due and payable
at to time of the initial service. The reamval fee is due and payable upon receipt of invoices Invoices that am not paid within thirty (30) days of the invoico date will
&=me interco an the unpaid balance at a rate equal to the lemur of I.$%per month (IWS peryou) or the maximum rate allowed by law. In die event that legal action Is
necessary to collect any amount due the Company, the Company will be entitled to recover hem Customer all casts of collection, including reasonable attorneys' fees,
In addition to all outstanding amounts due the Company.
Section X TERM. Unless otherwise speciBwlly provided herein, the parties agree that the initial farm of this Agreement will ba for twelve (12) months and will be
automatically reaawed an an mutual basis, for an additional twelve (12) month period, for a maximum of four (4) additional twelve (12) month periods, following the
Initial tam upon payment by Customer of the fee indicated in Section II.B. of ibis Agreement (subject to adjustment as provided in this subsection), unless either party
cancels by giving the other party written notice at laws thirty (30) days prior to the end of the then current term. This Agreement may be temdanted by the Company or
by Qutomu, at any time following the initial tomb upon written notice to the other party at dart thirty (30) days prior to such lamination. At the end of that five (S)
year period, the service may be renewed annually with the mutual comeat of both parties, and, thereafter, either party may terminate the service with written notice at
least thirty (30) days prior to the end of Ott then current term. The Company reserves the right to irremue the prico of service. This Agreement may be ictmiloated by
Customer by providing written notice to the Company within thirty (30) days following Customers receipt of Use entice 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 BE
CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER
PREMISFS, 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 TIIE
HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE
FINAL AND BINDING ON ALL PARTi A 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
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 occupants of the treated structure
are or may (A) be sensitive to pestieideshemdticides or their odors or (B) have other health conditions that may be Deeded by pesticida/temdticides or their odors,
Company recommends Out you not have an initial or a subsequent service performed at your premises until you have consulted with your family physician. Al your
West, Company will provide information about the chemicals to be used In treating the premises. By pnmin(ag the treatment, Customer assumes the risk and waives
any and all calms against the Company in connection with such sensitivity or condition. At your request, the Company will provide infommtion about the chemicals to
be used in treating the premises.
Section X1II. ASSIGNABILITY. This Agreement Is transferable to a now owner of the pmperty located at the Service Address provided that the now owner of the
property auras Into an Installation and monitoring agreement with the Company. The Company retains the fight to charge a transfer fee, adjust the annual renewal
rate, and change the lemur of the Company's obligations under this Agreement upon any such transfer. Upon the closing of the safe or" property located at the Service
Address, this Agreement will terminate.
Section XIV. ENTIRE AGREEMENT AND SEVERABILiTY. This Agreement and the attached graph constitute the entice agreement between the parries.
Customer expressly wamanta and repres , is that, in entering this Agreement. Customer is not mtying on any promise, agrocmant of stslemenb whether and or written,
that is not exprossly and fhlly,sel forth in this Agfecmcnt. If any par of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and
conditions of this Agreement will remain in Poll force and elect• The terms of the Agmenent stated huetn may not be amended or altered union a written change Is
approved mad signed by a Corporate Officer of Company. No other cnployces or agents of Company have authority to amend or alter any plat of this Agreement.
Provided, however, that as to the paragraph an ARBITRATION. If the sentence precluding the arbitrator from conducting on arbitration proceeding as a class,
representative or private attorney general eadon is found to be invalid or unenforceable Wen The entirely of tie ARBITRATION paragraph shall be deemed to be
deleted Cram this Agreement.
Section XV.ADDITIONALCOMMENT&
Sentriron, Recruit Ind Baitubo am m&OW madwarke of Dow Agm.Seknres UQ
0 HomoTesm Pep Defense, Ine.2013 (52996 SYR) 3113