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HomeMy WebLinkAboutINSTALLATION - MONITORING - NEW CONSTRUCTIONHomeTeam PEST aerERSF Account No.: SAINT LUCIE COUNTY USE ONLY THIS AGREEMENT PROVIDES FOR RETREATMENT OF A SI'RULTURE AND THE REPAIR OF DAAfAGES 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. GENERAL INFORMATION. Name:e26K Lwo #i-eAdowood Service Address: ;tum CDYII{'2f Dr City: Fort Pierce State: FL Zip Code: 3 y 191 Location ofTrwmnent Stickcr. Panel Tina x FocsgeafStmeture(us� 21 U Billing Address:.,it0 City,e-.i '14- ' i /i"2 State: jc:�L Zip Code:, 3VIA, HomaPhone: — Work Phone: iT�2 - 9�,3 1 04Az Treatment Type: ❑ Carrawive O Prwardwo Section IL SERVICE COMMITMENT. HomeTcom Pep Defense, Ina (the 'Company') will, in compliance with applicable fdeml, note and localism. mice and regulations: A. lonoll the Senmlcon Ictmito but stations (the -Salim ')jqq I sqd eryu the perimeter of the uwmure(q (ear attached graph) located at the SmicoAddrm above(NevStruwurayp)farthoinstallaths fee ofS BIO DIIII er B. Mankortho Statham in accordance with the label duestiwu fora peeled of Iwelva U2) months Immediately fallowing installation of du Stations far an wool fen ofsZero C. Total wu for thefsrm year oflnsmllwton and Monitoring SZero D. TheAnumi Renmval FeeatterthefrmywaS 3UU.UU E. Daring the monitoring period, add and remove Rewitdbsmim bolt from the Stations as approprints; F. Dwingthe monitoring period, mammindl statism inservicenbkandilion; Section 111 CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM. Costumer unden tmtde thw: A. The Sections System involves installation and moniorng, colony elimtantion with Recmit temdte balk and subsequent monitoring for continuous protection from new twmlte cohmiw; B. Inmrvus of from a few weeks m room thana year should be expected between'. L InstallmionoftheSenmiew pmiom and sufficient tmnite activity toulowthe addition of'Recruit termite but; End ii. AdditunofRermimerachebut. C. During the hatmal(s) human installation of the Stations and complete elimination of existing termite celoniws,laterite feeding within the Stmemre; possibly involving additional sommund damage, may, occur. Additional services such an spot applications of conventional twmiticides are available to combat loonies activity an a localized, shonbarn bast,ifdwind; bat we rat needed for and will ant=robot* totemtitoactony elimination. D. The wive ingredient in the Se mien System is an insect growth regulator Uwamt) thus prevents wodscr termites from malting. (Molting is critical to wlony survival.) E. To tests that it conducted on Recruit, Dow AgroSeieaces LLC, the manufacturer of Recruit observed evidence of very low levels of consensus toxicity only vary high levels oferpmum. F. Treatment is provided against the muck of mbtarcpncen handle, (Rdicolitemns spit., Hammerman, spp. and Coptotermw Epp. (Formovn). This Agreement does not provide far tie movement of any ether pasta plant, animal of argnnim ether than such mrmims. The Company has act impacted or owned the smvemue(p fen heahMelmed molds or fungi. By law, the Company, is not qualified, authorised or licensed to inspect forheudrmlmed molds or fungi. G. TheCompony makes notcpwacwwirs regarding dot wart location or number Wary muninglermive colonies. Section W. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS. Customer else understands that: A. The Services System and all of tha components of the Scnmiwn System (Tomponwtse) have been designed by Dow AgroSciences LLC, The Components wend will remain the property of Dow AgroScienm LLC. Cuslomw has no ciBhtswith respect m any ofthe Components, other dun the right to their mom installed by the ComPny on the Commces promises under thisAgreement S. On explosion w termination of this Agreement, the Company and Dow AgroSchows LLC or their respective mpresmulivw are authorized by Customer to remove from Concourses premise the Stations and wher Compounds fat appropriate disposition. In addition, if the Company, fm whatever wow, causes to represent or to be authorized to represent the SenlricoE System, I. The Company will: a So notify Carlo. b. Ones Costwu the alternatives ofci,hwnsing a diRercnl form oftwtnne protection or terminating this Agrrwens; c. Credit The Customer fen sctvim paid fw but not yet received, ifappropiew, d. Refund to the LLpwer an want equal to the fen paid fen services not yet received if Customer elects to discontinue the relationship, or if the Company ramms after an efewive altarnative form oftwmite pmoosion; and e. Retrieve. wallow Dow AgroScienm LLC or its representatives seasonable eocess to the premims Imthe real ofthe Component[ oast ii. Cosome will: E. Gram eta Company ant Dow AgmS,o, wa LLC or their cassava. rcpr nantativeE raasomble access In the premises for be mon.w! of the Componens; and b. Either news with the Company on the use arm elwmuit form oflannew control or trrnoweethis Agreement. PAYMENT METHOD. ❑ Cmh O Cheak O Cmdi, Card Kpaying by credit cod or wourringdebit from yaw bank account pleme complete theanoched Authortmion for Per-Amnged Payments. This Agrewtat contains tensile limitations, conditions and emclulons an the Company's obligations. Plants read the entire Agreemeat before 0gnlag. In conpdermien for the Company performing the amices specified above cod subject to the tams and conditions of this Agreement, Customer agrees to mute the paymants U ' s mac ac ripe of a signed copy of this Agreement. This Agreement is not biding on the Company until signed by an HOMETEAM PEST DEFENSE, INC. Sigmtw: Printed Name: VOID/ FOR'PRESLAB APPROVAL ONLY NONEFFECTIVE TRAN.TACT/ONATANTrime PRfoR TOMffMYGDTOF THE mitt) RRS/Nim THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTEC110N U�7e 0041, Clionaftempa Wfieiwheuc013 udcmuks afDesv AgmScirnw LLC. CHamoham Ra Dvhme,Iw.2011 o2986SYRI ND Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Container agraa to be solely responsible for mmaintains the Treated Premises free from any condition wnducive to rwnite imestaion ('Condition. Conducive,• ea below for explamusn). The Customer agrees to be, solely responsible for identifying and correcting Conditions Conducive. The responsibility rents exclmivcly with the Customer, net with the Company. PWlme of the Company to den Customer to my of the Chain wnfitiona does am after Cataner's mpowibilib under IWs Scaim. In addition, the eninrnw of my Conditions Conducive thin won no timely conoted, including my Condition Conducive existing but not visible 0 the time of the examion of this Agreement, will permit the Company. a its Pit diroraim, to Confucian the Agreement or to require Customer to purchase my additional .calmer required an a result of the Conditions Conducive. Customer agCeaa to fully cooperme with the Company during the tam of this Agreement. ved area to exi ulin the a*,) baited free from Cash Condition Conducive. Other specific Ilan may be noted below in'Addltional Comments'(Section XV). CONDITIONS CONDUCIVEr Condition CaMucive include, but arc Out limited W. roof leak; improper ventilation, faulty plumbing, and watt look, or intention in or around the stmdurc; inherent structural Problems, including, but Cal limited an, wind 0 ground contact, Casuistry allures, and settlement of die foundation, fames inaulawo, stucco wmm atom, upended polystyrene or elyrofoum molded foundation systems, siding (including vinyl, wood and Mew) if within 6 inches of the ground; mulch or other protective ground ewerinZ and firewood trap lumber. wood, mulch, sDmbs, vines, and other protective ground wvering ifwithin 6 inches of waMwithanctace. Section VL ADDITIONS, ALTERATIONS, AND OTHER CHANGES. This Agreement coven the Swaurt(C) identified to Section I an of the doe of the initial taWlnion. Customer will immediately notify the Company in writing (1) print to the Stricture(s) being Practically modified, altered or otherwise changed, (2) Prior to Cry twmiticide bong applied on welosa to Ne loenion ofmy SPi¢n. (71 ifwil is removed or added around she fouvrdoim oftho Swcturc(sl or (4) any tampering of bating equipment or vupptie occur. Pailure CP notify the Cumpmy in writing of any event listed above may void the Agreement. Additions services required by my additloA atawianwaheram8 event may bat provided by the Compwy at Cuntomefaupeose,and may rcquirom adjustmrnl in fhennewd ke. SMIo. VII. DAMAGE RELATED TO SERVICES The Cempany will uerci" due carcwhile performing services hercwdv t¢ mempl toavoid damaging my pan of Customers paopesry, plants m animde. Undtt no eircuwtsncn will Ne Company be mponible for dalmge caned by the Campmy m Ne lime the wreak is pafamsed, exrep. dtose demggrt resulting from grow negligrnca of Na CompmY. Customs is responsible, m Curtomeia eels upeme, far refmbifhing Cwtamns propmy (ialuding Inwn and landuape) Pa inulliion oftho Sution Sealoo VIII. REPAIR AND RETREATMEN7 OBLIGATION. Ca.omn Lit(aU�_ Subja. to.he genera lermamd coCWi.ion ohhU AgcP rnl, if. inf<sufionofeublesrcntan temitnoaten inhe heated stanme(s)during Netam afNis Agreement, No Company will Cetrcm Iha atm of intonation P no additional chaCge. In addition, mbject to Ne Bmulel Caws and coiWisiaa of this Agreement, the Company will repaint a iU owl, Caw termite damage to the trcmd saracturc(s). The Campmy'a lout liability will ant exceed in any am calends ywr Cho lessor of (i) f200,Om or (ii) the foe makct value of Ihv tmued nmeture(s), or exceed SI 000Oo0 in tin aggregate wet the row oftho Aercemdtt, imludingumnsionmd reneavds. I. Customer expressly wain Cary clam ter ecommi0. wmprnWory,.. eonsequmlid dmno r a blaring to the go .0 of g Pons U cum. 0 err war ienwn tmdtedam bondfor image. Tewu,loveofere,besides that the Cn, Company pefoming srvice=ite•dmagedrew Ihaageraof Sat forthabove and y damage to termite damage. The CustomerCoany in ,foe the Company a icar, performing o service aid rap for «wro city der age.n wet a above and any dmage to es omauro caused by the Company In the t greawman of its um psi Cunoma waives my clam fee property damage, and agrees Nat ender no dreue loxubatoll Company be hddliablefor anyamount"con than the emomt paid by she Customer to Company for Clifftermiteservtoetobe performed. L Due to mbinnvan lermlle Mblty Inmllr aalvlry may continue Ce be pmtol 1. a structure far p period of Ilene following treatment. The Company U not rnpo.ilble for ropvin ohriblemveto lnmlte damage Ibis oaten before she rcpvlr poato. ofthew.m.b Console mn eRn.he. I.TheCanpmy't abligmian wrcpdr Iemite demege will become elfectiw upon rlwealia o!(i) elimination oftho -'any or wloniev located on or abous she Sonia Addbv err (ii) the R. emiwway of she "all laion."Ne Sution. Colony Imam am' an Nall be domed so oovr whery (allowing net consernfiv<mondu ofnermifa fading cal Remit.ebafe boa in one or more termite bad vaioa C. ad a Cho Service Addrca, the C.mpany Y tahnidan is unable CP Iewf0. for ¢ pentad of thra cons ew service viaib tothaSmi�e AddmA Cry liveeamneain any ofthe.umato Doi. aatiom lowed a she Service Addrns. It -it am, aswidmeed by Iles prcrcwt of Iiveuwitn, acorn while .he Campo nya obligation to repair no nit. damage is in force, fallowing wilba no0fteaian from C.PPmer and an uspedion by Ch. Company, she Company ogres b reimburse CYPPma for the mamabll inn of the repaint, bon only I..he newt than Ne Caul rcewnabta tort of PcM1 repast is rev Cum 5200,000 in any one nlendvr Year. 4. Subject to the remaining provision of this Section VIVA, Customer will be entitled to Plain the contractor who will perform the needed rcpan to the treated muctme(a) Prior to entering into. convect witha conuntor, Cwtern.W es so pra oid. to Company, a espy often proposed canhset wwrivm but. Itch. Company daemmes the Did In be excessive, Cunoma agrcn to Staff wren to the heated druaura(s) Io a com occur dnigmted by the Company for the purpose of obtaining e Pound bid for the wink. In auto where there are multiple bids for repair work. Cuslmoa acknowledges that the Caapany rebrvesthe right to Celect the oontmcmr to Perform the rcpoin. 5. The Company is not responsible for the roper of either visible damage (noted an the auched impaction graph) or hidden damage existing of of the date of this Agrcemem. The Company does mt gaCmta the the doemge disclosed on the matched impaction graph represents WI of the existing dmmge Or of the die of this Agreement. The Company cam at be rnpowiWe for (1) any damage used by Coring. to the Imted struelure(a) or the contents.hemf arbioe prior to or falbwl.g the rem of ebb Apameot or (2) coy mN or erpemn Iocumd by Customer n a result or any such damage. Customer wolves vU dvlmC for doom" P the properly ar pwple Ihpl may resort i irect" or huff"thy Dom ferHtn Provided by the Company, with the solo esteplion ofclalma for dsmaea des ro the Rob vegllgwee oftho Compggy on its employees. Smlm IX. PAYMENT. Taw Compmy'sobligaim a penfom ruder thin Agreement is conditioned upon Ctwomea'a payment in full oftho plow "t foAs in Section II above. Cuaamafa kilure Ce puY such price N full wall tone this Agbemrnt to amomoticallY and immediately terminate in its mfiacry and the Company will be diseharged of nll lubiliry. All amounts paid, i(mY. will "mime the property of tha Company a liquidated damage hereunder. The intoaWion in is due and payable m Iles time of Um idtid serviw. The rcmava fee is due and WYablo upon newip. of inwice. Invaim thin as ant pad within thirty (70) days office inwiw doe will mweinmea en the -paid balanco m a w. egad to gas IemrOf t.SMpa month (1BYe pa year) or the maximum wealowtd by 1¢w. In *a wont CfiOe legal action is mnevvy to collect any of due the Company, the Cowpony will be rnti.led to raova from Cmromer all inns of collection, including rcasonnble atomryY fen, uwhisci ltoalautoWdingamountsduethaCampmy. Seaton X TERM. Unless aCh ppnifrwlly Provided herein, the ponies agree Na she initial um of this Agreement will be for twelve (12) months and will be amomaiwlly renewed on an mood bonus, far rn additionW two (12) month period, for a maximum of four (4) additional twelve (12) month Periods, followinn the lays prior W the cad of the than mrtent term. The Company reacrves the right to increase the price ofservice. Thin Almo mult may be leminered by riding writes nation to the Company within thirty (30) days following Costomefn receipt oftho action ofincreew. BITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY CLAIMS. AND ANY CLAIMS FOR (JURY OR PROPERTY DAMAGE, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE THE ARBITRATION SHALL BE ADMINISTERED UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION r ("AAA") OR, IF APPLICABLE, IT SHALL BE DETERMINED UNDER THE AAA PROCEDURES FOR CONSUMER -RELATED IE PARTIES EXPRESSLY AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW. INCLUDING THE RIGHT TO COMMERCE AND SPECIAL HEALTH CONDITIONS. Aft" w may 'Al be Pntaive .a pnfiddnhamiticu" wtheir adore or (B) hevo other hulth condition Not may be ¢tYected 6y pettieidebAemifieidn wtheir adore, Compwy recommends rhu you foe haw an initial w a net' no' "nice perfa—, a your premise tonsil you hove conWted wi.h yaw family physleim, Ae yor request, Co.pmY will Provide informmion abort nAe efiemieilC so be used in trcaingthe praniva BY Perminina.h. meawenL Cusaoma emmes the rink and weiwC my aid all dam Ch at.Ne Campmy in wmeaion with mcM1 sauihvity orcondn".A.yamregaest,'he Campmy will Provido Testimonies -boon Ne themuds Co bt ub t inIlvo.ugthe prcm.ses. Soalo. %III. ASSIGNABILITY. This Agrcemmt is wnsferoble ro e now owner of the prapenty lowed m the Sevico Addrov pnI'd that Ne new owns of Na Property coon into m mPillPon and monitoring agCeemmt with the Co. The Compwy was Ne" In change a n 'ter lac, edjual don Canal rcnavW wet;andshange the temss oftho Compmy'v obligmianundalhii Agrtemem upon my Cach transfer. Upon the closing af0 a le ofdn property lased is the Service berths. XIY. ENTIRE AGREEMENT AND SEVERABILITY. This Agrcemmt end the Pushed gaph ..Vital. the entire agreemanl between the ponies. Cauke. exprculy warrants and represents Curt, in em<rtng Chia Agreement Customer in not relying On any promi", agmmwnt or ueumsal. whether and or written. that it rem expressly and fully net fonA in this Agreement If am' pm of this Agreement inherit lobe invalid or rmlforrsable for my rearm, the remaining IermC and wndtiedC of thin Agreement well ate Of. in fall force and e O o. Thv menu orl o Agreement Cured herein Cary vac be amendad er she,. wrest a whim ehmgo it Provided aW aimed by o W die p ORJcor of Company. AT oNtt f do sisma o mrnu of Company have authority cod .mend oat der Cry part proceeding ding Agreement. Provided M1m oer, that a ro Cho pmaemph on ARBITRATION. to be in lithe Pntrnw preluding the arbitrator or from ARBITRATION O paragraph shot be cl as a elane m lulcul Pim is priests momey general motion is loop Co be invalid m onto rwabte than the mtircly of the ARBITRATION peragreph shill be dremed to be deleted from this Agreement Snttos %V. ADDITIONAL COMMENTS. e Smatwn, Rrsmh Pit lashadle an ca Imo d l inu muAO of Dow AmoSsiu mas 1= 011omeTew PPDeft Inc.2011 (Slue SYIU1/17