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HomeMy WebLinkAboutINSTALLATION - MONITORING NEW CONSTRUCTIONRECEIVED w�= [AND ISAGREEMENT PROVIDES FOR HomeTeam p q p TREATMENT OF A STRUCTURE PEST DEFENSE' JA N O 2 2O 19 THE REPAIR OF DAMAGES SHIN LUCIE COUNTY USE ONLY USED BY WOOD DESTROYING ter_`GANISMS WITHIN THE LIMITS Account No.! AGREEMENT FOR THE INSTALLATION AND MONITORING OF THE SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION Section 11./.aa GENERAL INFORMATION. Name:Q?-RK. Gi''IP %n-2Aj Dad JZ. Billing Address:590 /VIO M?/Ganafi,L A. ServiceAddress:q-6 City: Fort Pierce State:_ Zip Code �9,e 1, P State: FL Zip Code: 3 —I %.S/ Home Phone: Lucationof Dammam sacker: Panel Work Phone: Linear Footage of Strucmre(a): 210 Tmatemat Type: Ocmmctive mPrm,mtive Section II. SERVICE COMMITMENT. HomeTeam Pest Defense, Inc. (the'Company') will, in compliance with applicable federal, state and local laws, rules and regulations' A. Install the Sentdcan termite bait stations (the-Statiml-) i the mil mound Ne perimeter of the mucmre(O (a. attached graph) located at the Service Address above (the-Stmctum(a)-) for the installation taxers paid by builder B. Monitor the Stations in accordance with the label directions for a period of twelve (12) months immediately following installation of the Stations for an onnual fw.f S Zero C. Totalwstforthefustyemoflnsulladonand Monitoring$ZerO D. The Annual Renewal Fee after the first years 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; f CI Section III. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM. UCH@ C Customer understands that OuaSfs_ A. The Sentdcon System involves installation and monitoring, colony elimination with Recruit temdta bait, and subsequent monitoring for continuous proectioi •/`ice from new termite colotaes; B. Intervals of fmm a few weeks to more than a year should be expected him..: I. Installation cribs Semicon statism sod sufficient marine activity to allow the addition ofRecmit termite bait; and ii. Additionof Recruitimmitebiit. C. During the interval(s) between installation of the Stations and reception elimination of existing termite colonies, armite feeding within the Structures, possibly involving additional structural damage, may occur Additional services such as spot applications of conventional termiticides are available to combat remains activity on a totalized, shon-term basis if desired,but are not needed for and will not contribute to termite colony elimination. D. The active ingredient in the Sentriwn System is an insect growth regulator (Recruit) that prevents worker termites from molting. (Molting is critical to colony mrvlvil.) E. In tests that it conducted on Recmiq Dow AgroSciences LLC, the manufacturer ofRecmit, observed evidence afvery low levels of mammalian toxicity only at very high levels of exposure. F. Treatment is provided against the attack of subterranean termites (aeticuliternew spa., He matmmes Epp, end Capacitances epp. (Formosan). This Agreement does not provide for the treatment of any other penes, plank animal or organism other than such termites. The Company has oat inspected or owned the avumue(s) for heath -related ncmds car fungi. By law, the Company is not qualified, authorized or licensed to inspect for health -related molds or fungi. G. The Company makes no representations regarding the exact location or number ofany existing termiu colonies. Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS. Customer also understands that A. The Sentriwn System and all of the components of the Swvlcon System ('Companenu') have been designed by Dow AgroSciences LLC. The Compawou me and will remain the property of Dow AgroSciences LLC. Customer has no rights with respect to any cribs Components, other than the right to their use as installed by the Company oa the Cast..&. pramims 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 premises the Stadium and other Components for appropriate disposition. In addition, if the Company, for whatever reason, ceases to represent or to be authorized to represent the Sentricun System, i. The Company will: a. So notify Customer, b. Offer Customer the alternatives of either using a different form oftermite protection or terminating this Agreement: c. Credit the Customer for services paid for but net yet received, ifappmpriaac d. Refund to the Customer an amount equal to the fee paid for services net yet received if Customer elects to discontinue the relationship or if the Company cannot offer an effective alremafive form of termite protection; and e. Rmfeve, or allow Dow AgroSciences LLC or its representatives reasonable access to the premises for the retrieval of she Components; and ii. Customerwill: a Grant the Company and Dow AgroSciences LLC or their respective representatives reasonable =ass to the premises for the retrieval of the Components; and Is. Either agree with the Company on the use of an alterative form oftermite control or terminate this Agreement PAYMENT METHOD. ❑Cash ❑Check ❑Credit Card If paying by credit card or reacting debit from your bank account, please complete the mached Authoduafien for Prs-Amanged Payments, This Agreement ommim carol. limiutiom, conditions and exclusions on the Company's obligations. Pleme read the entire Agreement before signing. In consideration for the Company performing the services specified above and subjwt to the rerma 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 unfit signed by an outhorizd manager or executive officer of the Company. CUSTO*ER:1/ -,�% HOMETEAM PEST DEFENSE, INC Sigro me 14 Signature: Printed Name : �K 6hI.TIU%YI-e4 printed Name- VOID/ FOR PRESLAB APPROVAL ONLY Email: CZ/o&CIL.d /itlOt)nNl�. .Cojj, afftw,roam.NONEFFECTIVE UGHTTO CANCEL: YOU, THE CUSTOMER, MAY CANCEL THIS MNSACTIONATANY TIME PRIOR TO MIDNIGHTOF THE THIRD BUSINISES DAYAFTER THE DATE OF THIS TRANSACTION. SEE THEATTACHED NOTICE OFCANCELLATIONFORANEXPLANATION OF THISRIGHT THE REMOVAL OF THE BAIT OR RATTING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTECfION Swericon, Recruit and Baltubo ere awiatacd balwaarks ofUmv AgmScimew LLC 0 Uncertain Fee Defense, Inc. 2013 (529865YR) 3113 Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be solely responsible for maintaining the Treated Premises Bee from any Condition Conducive m termite infestation ('Conditions Conducive," see below for explanation). The Customer agrees to be solely resporeible for identifying and connecting Conditions Conducive. The responsibility ants exclusively with the Customer, not with the Company. Failure of the Company to chat Customer to any of the above Conditions don not alter Customer's responsibility under this Section. in addition, the existence of any Conditions Conducive that Cons not Moody 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, in romantic the Agreement or to require Customer to purchase any additional treatment required m a result of the Conditions -Cdndudive'cwtomer agrees to fully cooperate with theCompanyduringYhetcmrohthirAgrecmenq-and-agaa'to-maintaitrthraaa(s)'baited -freeimm-such Conditions Conducive. Other specific items may be noted below in "Additional Commentse (Section XV). CONDITIONS CONDUCIVE: Condition Conducive include, but an not limited (a, roof leaks, improper ventilation, faulty plumbing, and water banks or InhoSion in or Crowd the Museum; inherent structural problems, including, but not limited to, wood to ground Contact, mammy failures, and settlement of the foundation, foam insulation, stucco Construction, expanded polystyrene or styrofonm 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, mulch, shrubs, vines, and other protective ground covering ifwithin 6 inches of Contact with simcture. Section VI. ADDITIONS, ALTERATIONS, AND OTHER CHANGES. Thu Agreement coven the Sanatoria) identified in Section 1 in of the date of the initial installation. Customer will immediately notify the Company in writing (1) prior to the Structure(s) being structurally modified, silcred or otherwise changed, (2) painto any tmniticide being applied on or close to the location army Statiw, (3) Used is removed or added ...it the foundation of Men Structures) or (4) any tampering of baiting equipment or supplies occurs. Failure to notify the Company in writing of my event listed above may void the Agreement Additional services required by any addition, alteration or other such event maybe provided by the Company at Customers expense, and may require an adjustment in the renewal fee. S.tion VII. DAMAGE RELATED TO SERVICES. The Company will exercise due care while performing services hereunder to anampr to avoid damaging any pan of Cusrome's pmpery, plants or mimals. Under no circumstances will Me Company be responsible for damage caused by the Company at the time the work is performed, except those damages resulting gram gnu negligence of the Company. Customer is responsible, at Customers sole expense, for refurbishing Customers property (including lawn and landscape) tiger installation of the Stations. Section VIII. REPAIR AND RETREATMENT OBLIGATION. Customer iittals . Subject to the general terms and conditions of this Agreement. if an infestation of subtenanem roaches occur in the treated shucture(s) during the term of this Agreement, the Company will retmat Ne area of infestation at no additional charge. In additlaR mbjmt to the general team and Conditions of this Agreement. the Company will repair, at its cost, new termite damage to the treated strum ra(s). The Company's him[ liability will not exceed in my ova calandar year the lesser of (i) 5200,000 or (ii) the fair market value of the treated simcmre(e), nor exceed 51,000,000 in the aggregate over the term of the Agaemed, including extensions and renewals. 1. Customer expressly waives my claim for ccmomic„Compensatory, or consequential damages relating to the existence of Subterranean termites or Subterranean tawas damage, or for increased casts, loss of use, business Interruption, diminution of value, or my "stigma" damage due to the presence of Subterranean termites or Subm erme termite damage. The Customer ocknoveledgea that the Company is performing a service and except for termite damage repairs sat forth above and any damage to the mucture caused by the Company to the perfmarance of its services, Customer waives any claim for property damage, Cod agrees that under no circumssmnces shall Company be held liable for any amount greater Nan the amount paid by the Customer to Company for the termite service to be performed. 2. Due to subterranean termite habits, termite activity may continue to be present In a armature for a period of time following treatment. The Company Is not responsible for repairs of subterranean termite damage that oeeun before the repair portion of the warranty becomes eAective. 3. The Company's obligation to repair termite damage will become effective upon the earlier of(i) elimination of the colony or mimics located on or about the Scrvice Address or (ii) the first anniversary of she installation of the Stations. Colony elimination shall be deemed to occur when, following two consecutive months of termites feeding on Recruit termite bait in one or mom termia bait stations located at the Service Address, the Company's technician is unable to locate, for a period of tinee consecutive service visits to the Service Addition, any live amines in any of the termite bait stations located at the Service Address. If new damage, an evidenced by the presence of live tonshn,... while the Company's obligation to repair temtim damage is in tome, 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 leu than $200,000 in my one ralendir year. 4. Subject to the maturing provisions of this Section VUL4, Customer will be entided to select the contractor who will perform the needed repairs to the Mated sanatoria). Prior to entering into a contract with a successor, Customer agrees to provide the Company a Copy of the proposed contract or written bid. If the Company determines the bid to be Caressive, Customer agrees to Stint access to the tasted structure(s) to a contractor designated by the Company for the purpose of obtaining a second bid for the work. In Cases where there arm mul6pde bids for repair .,it, Customer acknowledge, Nat the Company reserves the right to .1.1 the..=am, to perform the repairs. S. The Company is not responsible for Nc repair of either visible damage (noted on the attached inspection graph) or hidden damage existing as of the dam of this Agreavant The Company does not guarantee that the damage disclosed on the attached inspection graph represents all of the existing damage as of the date of this Agreement The Company said not be responsible for (1) ivy damage caused by lermim to the treated structure(.) or the Contents thereof arising prior to or fallowing the term of this Agreement or (2) any Cases 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 she Company, wish the sole exception of claims for damages due to the gross negligence of she Company and/or its employees. Section IX PAYMENT. The Company's obligation to perform under Nis Agreement is conditioned upon customers payment in full of the price act fonts in Station 11 above. connotes failure to pay such price in full will cane this Agreement to automatically and immediately terminate in its entirety and the Company will be discharged are[] liability. All amounts paid, if my, will become the property of the Company n liquidated damages hereunder. 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 are not paid within shiny (30) days of the invoice date will mome interest on the unpaid balance at a into equal to Me lesser of 1.5%per month (18%per year) or the maximum rate allowed by law. m die event Nat Icgal action is manswory to collect my amount due the Company, the Company will be entitled to recover from Customer all Costs of collection, including reasonable ammeys' fees, m addition to all outstanding amounts duo the Company. Section X TERM. Unless otherwise specifically provided herein, the panics agree that the initial term of this Agreement will be for twelve (12) =nibs Cod will be automatically renewed on an annual basis, for w additional twelve (12) month period, for a maximum of four (4) additional twelve (12) month periods, following Me initial term upon payment by Customer of the fee indicated in Section U.S. of this Agrome nt (subject to adjustment in provided in this subsection), unless either party cancels by giving the other party written notice at least thirty (30) days prior to the and of the then current term. This Agreement may be temunated by the Company or by Crammer, at my time following Ne Initial teen, upon written notice to the other party, at least thirty (30) days prior to each remainder. At the end ofthat rive (5) year period, the service may be renewed awwlly wish the n unml consent ofboth pain, and, thereafter, either party may terminate the service with written notice at least thirty (30) Jaya prior to the end of the then correct term The Company reserves the night to mean= the price of service. This Agreement may W terminated by Crammer by providing written notice to the Company within thirty (30) days following Customers receipt ofthe notice of(.rease. Section Xl. 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 ORJOINED 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 ARBITRATOR(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 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 THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. Section XH. CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. If Customer believes Must Customer or other occupmts of the treated structure am or may (A) be sensitive to pesticidesbcmtitisides or their odors or (13) have other health Conditions that may be affected by pesticidnAcrmitic(des or their odors, Company recommends that you not have an initial or a subsequent service performed at your Famines until you have consulted with your family physician. At your aqunt. Company will provide information about [be chemicals to be used in heating 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 yaw request. the Company will provide informants about the chemicals to be wed in treating the promises. Section XUL ASSIGNABILITY, This Agreement is usasrerable to a new owner of the property located at the Service Address provided that the new owner of the properly enters into an installation and monitoring agreement with the Company. The Company reserves the right to charge a transfer fee, adjust the annual renewal rate, end an.,. the tome oMin Company's obligations under this Agreement upon any such transfer. Upon the closing of ha sale oftho property located at the Service Address, this Agreement will retention. Section XIV. ENTIRE AGREEMENT AND SEVERABILITY. This Agrecmcm and the attached graph sentitum the entire agreement between the panics. Customer expressly warrants and repreacm; that, in entering this Agreement. Customer is not relying on my promise, agreement or statement, whether oral or written, that is not expeesay and fully set forth in this Agreeme r. If my pan of this Agreement is held to be invalid or unenfmmmblc for any reason, Me remaining terms and conditions of this Agreement will amain in full fame and effect. The menu of the Agreement stated herein 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 part of this Agreement. Provided, however, that as to the paragraph on ARBITRATION, if the semcace precluding die arbitrator from Conducting an arbitration prececding as a class, representative or private attorney general action is found to be invalid or unenforceable then the entirety of the ARBITRATION paragraph shall be deemed to be deleted from this Agreement. Section XV. ADDITIONAL COMMENTS. Scmwc ra Ramitand Beimbearertgisrcrtd wdmanda, of Dow AMSciene a LLC. (52996 5YR) 3113 0 H..Tmm Pert Mimic. lee. 2013