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HomeMy WebLinkAboutINSTALLATION - MONITORING NEW CONSTRUCTIONHo�meTeam PfsT ue r Eh s e- Account No.: SAINT LUCIE COUNTY USE ONLY 0 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 1.nnGENERAL INFORMATION. /i Name: E' 40 4--* ll 1r� 1201-0 • BillingAddrr+ess:.6g0 NW /4F2Ye'z1X 1 - ServiceAddress: aurA oniTlr i> City: a J i- tar, Gi,C City: Fort Pierce State: i2 Zip Code:3 State: FL Zip Code: Home Phone: Location ofTreatment Sticker. Panel Work Phone: `%%Z-B 73-1 �n�/%� Linear FootageafStmctme(s): 210 Treatment Type: ❑Coremive OPreventive C Section II. SERVICE COMMITMENT. HormTeam Pest Defense, Inc. (the "Company") will, In compliance witb applicable federal, amt. and local laws, rates and regulations: A. Install the Sentricon termite bait stations (the "Stations") in the soil around the perimeter of the momenta) (see attached graph) located at the Service Address o. above (the "Stmcturcoy) for the installation fan of spaid by builder 17,r B. Monitor the Stations in accordance with the label directions for a period of twelve (12) months immediately following installation of the Stations for m vmmI !` fee of Zero C Total costfor thefrst year offumlladom and Monitoring $ZeIo D. The Annual Renewal Fce anar the first year S 300.00 E. During the monitoring period, add and remove Recruit® termite bait from the Stations as appropriate; F. During the monitoring period,maintain all Stations in serviceable condition; Section 111. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM. Llutomerundem mint that: A. The Sentricon System involves installation and monitoring, colony elimination with Remit tensile bait, and subsequent monitoring for continuous protection from new temdte colonies; B. Intervals of from a few weeks to mare than a year should be expected between: I. Installation of the Smtricon stations mad sufficient termite activity wallow the addition efRecmit termite bait; and ii. Addition ofRmmit remain, bait. C. noting the interval(a) 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 burriticides are available to combat termite activity on a localized, short-term basis if desined, but arc net needed for and will not contribute to termite colony elimination. D. The active ingredient in the Sentrican System is an insect growth regulator (Recmit) that prevents worker termites from malting. (Molting is critical to colony survival.) E. In tests that it conducted on Remit, Dow AgroSciences LLC, the m mufa mrer of Remit, observed evidence of very low levels of mammalian toxicity only at very high levels of exposure. F. Trammot is provided against the attack of subtemmne s termites (Retienlitmnce sap., Heteratrnnes sap. and Coptotema:s app. (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 stm mou(s) for l calth-mlatod molds or fungi. By law, the Company is not qualified, authorized or licensed to inspcol for health -related melds or fungi. G. The Company nukes no representations regarding the exact location or number of my existing termite colonies. Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS. Customer alm understands that A. The Smtrimn System and all of the components of the See icon System ("Componcoti) have been designed by Dow AgmSciences LLC. The Components see and will remain the property of Dow AgueScienca LLC Customer has no rights with respect to my of the Components, other man the right to their use a installed by the Company on the Customers premises under this Agreement. B. On expiration or termination of this Agreement, the Company and Dow AgroSciences LLC or their respective representatives are authorized by Customer to retrieve from Customers promises the Stations and other Components for appropriate disposition. In addition, if the Company, for whatever reason, ceases to represent or to be authorized to represent the Smmcon 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; c. Credit the Customer for services paid for but not yet received, if appropriate; d. Refund to the Customer an mount equal to the fee paid for services 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, ce allow Dow AgreSeicnees LLC or its mprsentatives reasonable access to the promises for the retrieval of the Components; and it. Customer will: a Grant the Company and Dow AganScimces LLC or their respective representatives reasonable access to the premises for the retrieval of the Components; and b. Either agree with the Compmy on the use of an alternative form of ermite control or terminate this Agreement. PAYMENTMETHOD. ❑Cash ❑Chock OCredit Card Ifpaying by credit card or recurring debit from your bank mceount, Please complete the numbed Authorization forPm-Arranged Payments. This Agreement tonal..certain limitations, conditions and escluslous on the Company's obligations. Planar read the entire Agreement before ignln& In consideration for the Company performing the services specified above and subject 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 an the Company until signed by an authorized manner or executive officer ofthe Company. HOMETEAMMPPEST � DEFENSE, INC. Signature: 1 Printedblame: VOID/ FOR PRESLAB APPROVAL ONLY Effective Date: NONEFFECTIVE RIGHTTO CANCEL: YOU, THE CUSTOMER, MAY CANCEL THIS TRANSALTIONATANY TIAfEPRIOR TOAIIDNIGHT OF THE THIRDBUSINESS DAYAFT£R THEDATE OF THIS TRANSACTION. SEE THEATTACHED NOTICE OF CANCELLATIONFOR ANEXPLANATION OF THISRIGHL THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT INA LACK OF TERMITE PROTECTION I Smrlron, Remit am Baimbe are registered trademarks of Dow Agr cicncea LLC. 0 HomaTeam Peet Defense, Inc. 2013 (52986 5YR) 3113 Section V. CUSTOMER COMMfi'MENT 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," sce below for explanation). The Customer agrees to be solely responsible for Identifying and cmccefing 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 contacted, 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. Crammer agrees to fully cooperate with the Company during the term of this Agmemem, and agrees to maintain the area(s) baited free from such Conditions Conducive. Other specific items maybe noted below in "Additional Comments" (Secdon XV). CONDITIONS CONDUCIVE: Conditions Conducive include, but am not limited to, rofleaks, improper ventilation, faulty plumbing, and water leak, or inlrosion is or around the mucmm; inherent structural problerns, including, but not limited to, wood to ground Contact, masonry failures, and settlement of the foundation, foam insulation, stucco construction, expanded polystyrene or Styrofoam molded foundation systems, siding (including vinyl, wood and metal) if within 6 inches of the ground; mulch or other protective ground covering; end firewood, trash, lumber, woad. mulch, shrubs, vines, and other protective ground covering ifwithin 6 inches of contact with swcture. Section VI. ADDITIONS, ALTERATIONS, AND OTHER CHANGES. This Agreement Coven the Sdudme(s) identified in Section I as of the date of the initial mediately notify the Company in writing (I) prior to the Sductme(s) being structurally modified, altered or otherwise changed, (2) prior to ov or close to the location army Station, (3) if soil is removed or added around the foundation of the Structure(s) or (4) any tampering of oamd. Failure to notify the Company in writing army event listed above may void the Agreement. Additional services required by any ch event may be provided by the Company at Customers expense, and may require an adjustment in the renewal fee. .ATED TO SERVICES. The Company will exercise due eve while performing services hemunder to attempt to avoid damaging any part a or animals. Under no chcunuti nces will the Company be responsible for damage caused by the Company at the time the work is sga resulting from gross negligence of the Company. Customer is responsible, at Customers sole expense, for refurbishing Customers Shahan VIII. REPAIR AND BET REATMENT OBLIGATION. Customs, -Subject to the general terms and conditions of this Agreement, if on infestation of subterranean termites occurs in the headed sm trends) during the term of this Agreement, the Company will retreat the area of infestation at no additional charge. In addition, subject to the general terms and Conditions of dais Agreement, the Company will repair, at its cos% new termite damage to the treated sbucture(s). The Companys road liability will not exceed in any one calendar year the lasser of(i) $200,000 or (it) the fair market value of the treated structure(s), nor exceed 51,000,000 in the aggregate over the toms of the ASreemea4 including ateviou cad amewab. 1. Customer expressly waives any claim for Commode, Compensatory, or consequential damages mlating to the existence of Subterranean termites or Subterranean termite damage, or for increased costs, lass of use, business interruption, diminution of value, or any °stigma° damage due to the presence of Subterranean termites or Subterranean 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 its services, Customer waives any claim for property damage, and agrees that under no circumstances shall Company be held liable for any mount greater than the amount paid by the Customer to Company for the termite service to be performed, 2. Due to subterranean limits habits, termite activity may Continue to be percent In a structure for a period of time following treatment. The Company D 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 cribs Colony or Colonic. lowed on or about the Service Address or (ii) the first anniversary of the installation ofthe Stations. Colony elimination shall be deemed to occur when, fallowing two consecutive months of termites trading on Recruit termite bait in one or more termite bait sptioas located at the Service Address, the Companys technician is unable to locate, for a period of Race consecutive service visits to the Service Address, any live termites to any Of the !amnia bait saidans located at the Service Address. If new damage, as eviddacd by the pmscnce of live mines, occurs while the Company's obligation to repair termite damage is in farce, following Corium notification from Customer and an inspection by the Company, the Company agrees to reimburse Customer for the reasonable cost of the repaid, but only to the extent that the total reasonable cost of such repairs is less than $200,000 in any one calendar year. 4. Subject to the remaining provisions of this Section V111.4, Customer will be entitled to select the contractor who will perform the needed rcpairs to the treated stmctum(s). Prior to entering into a contract with a contractor, Customer agrees to provide the Company a copy of the Proposed conduct or written bid. If the Company ddemusa the bid to be excessive, Customer agrees to grant access to the cooled sdacture(s) to a contractor designated by the Company for the purpose of obtaining 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 ontractor to perform the rcpairs. 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 AgrcemhsL The Company does not guarantee that the damage disclosed on the attached inspection graph represents all of the existing damage a of the date of this Agreement. The Company will not be responsible for (1) any damage caused by termites to the treated tlruclure(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 claims for damages due to the gross negligence of the Company and/or its employee.. 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 II above. Customers failure to pay such price in full will cause this Agrcemrnt to automatically and immediately terminate in its entirety and the Company will be discharged of all liability. All amounts paid, Hany, will become the property ofthe Company as liquidated damages hmader. The installation fee is due and payable at the time of the initial service. The renewal fee is due and payable upon mccipt of invoice. Invoices that am not paid within thirty (30) days of the invoice date will accrue internal on the unpaid balance at a rate equal to the lesser of 1.5%per month (18%per year) or the maximum rate allowed by law. In the event that legal action is necessary to Collect any .meant due the Company, the Company will be entitled 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 mhcrwise specifically provided hercin, the panics agree that the initial term of this Agreement will be for lwclve (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 U 2) month periods, following the initial term upon payment by Customer of the fee indicated in Section U.S. of this Agrcemem (subject to adjustment as provided in this subsection), artless either party cancels by giving vie other party wrillcn notice at (cast thirty (30) days prior to the end of the then current term. This Agreement may be ermtnatd by the Company or by Customer. at any time following the initial teen, upon wsmen notice to the other parry at least thirty (30) days prior to such termination. At the end of that five (5) year period, the service my be renewed mmuelly with the mutual consent of both parties, and. thereafter, either party may terminate the service with written notice at least thirty (30) days prior to the and of the the current term. The Company reserves the right to incmase that price of service. This Agreement may be terminated by Customer by providing written notice to the Company within thirty (30) days following Customers receipt ofthe 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 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 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 ARBITRATORS) 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 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 TIUS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BYTHE FEDERAL ARBITRATION ACT. Section XIL CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. If Customer believes that Customer or ether occupants of the heated structure are or may (A) be sensitive to pesticideshermiticides or their odors or (B) have other health conditions that may be affected by pesticides/termiticides or their odors, Company mommends that you not have an initial or a subsequent service performed at your premises until you have consulted with your family physician. At your request. Company will provide information about the chemicals 0 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 or condition. At your request, the Company will provide information about the chemicals to be used in treating the premises. Section XUL ASSIGNABILITY. This Agramcat is transferable to a now owner of the pmpeny located at the Service Address provided that the new owner of the property enters into an irsmllation and monitoring agreement with the Company. The Company reserves the right to charge a transfer fee, adjust the annual renewal rate, and change the terns of the Companys obligations under this Agreement upon any such verdict. Upon the closing of the sale of the property located at the Service Address, this Agreement will terminate. Section XIV. ENTIRE AGREEMENT AND SEVERABILITY. This Agreement and the attached graph constitute the entire agreement between the panics. Customer expressly warrants 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 pan of this Agreement is held to be invalid or unenforceable for any reason, the remaining toms and conditions of this Agreement will remain in full force and effect. The lens of the Agreement staved hercin may not be amended or altered unless a written change is approved and signed by a Corporate Officer of Company. No other employees 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 arbitrator font Conducting an arbitration proceeding as a elan, representative or private attomcy general action is found to be invalid or uncnf sable then thc entirety of the ARBITRATION paragraph shall be cheated to be Sentricon, Recruit and Flambe arc registevd rmdemarks ofOow AMSrienxs I.I.C. (Sia865YR) JIIJ 0 HomeTeam Put Detente, Wo. 2013