HomeMy WebLinkAboutINSTALLATION - MONITORING - NEW CONSTRUCTIONTHIS AGREEMENT PROVIDES FOR
HomeTeam
RETREATMENT OF A STRUCTURE
PEST DEFENSE'
SAINT LUCIE COUNTY USE ONLY AND THE jjjjjjttttttEPSHR ^�^. �^,•,�''iAGE.S
CAUSED B WOOD PE�C'l^.(�
ORGANISM WITHIN THE LIMI14
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AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICON® COLONY ELIMINATION SYSTEM F
Section I. GENERAL INFORMATION.
Name: /Y) •Po /'
Service Address: 2 y 7 6 n9 ,-i dZ
City: Fort Pierce
State: FL Zip Code:
Location nfTreatment Sthkm Panel
Linear Footage o f Structure(s): 210
Billing Address: 06 AILO
City: QL ± Lf/1 ri C
State: �z- Zip Code:
Home Phone: -rig - �-3-SC
Work
Treatment Type: ❑ Corrective 0 Preventive
Section 11. SERVICE COMMITMENT.
HomeTeam Pest Defense, Inc. (the "Company") will, in compliance with applicable federal, state and local laws, mles end regulations:
A. Imtall the Scntricon termite bait station Him 'Southern") in the soil a(oovd she perimeter of the avucture(a) (see attached graph) located at the Service Address
above (the'Stmcture(s)") for the installation fee of$ Daid by builder
B. Monitor the Stations in accordance with the label directions for a period of twelve (12) months immediately following installation cribs Stations far an annual
fee ofS Zero
O Total cost for the ant yes, oflustalletonxvdMonitoring sZero
D. The Annual Renewal Fee after the fast year S 3UU.O0
E. During the monitoring period, add and remove ReumitO tomtits bait from the Stators 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. The Srntricen System involves installation and matdtoring, colony elimination with Recruit termite bait, and subsequent monitoring for continuous protection
from new termite colonies;
B. Intervals of from a few weeks to mere than a year should be expected between:
L ImmiWtion ofNe Sevtricon¢tatom avdsuOicient termite activityaall�w the vdditian ofRemuitkmdte bait and
ii. Additionof Rcmuittermimbsit.
C. During the intmval(¢) between installation of the Stations and complete elimination of existing location colonies, termite feeding within the Suueares, possibly
involving additional structural damage, may occur. Additional services such m spot applications of conventional tereniticides am available to combat termite
activity on a localized, short -arm basis if desired, but arc not needed for and will not contribute to termit9 colony elimination.
D. The active ingredient in the Sentricon System is an insect growth regulator (Reamio that prevents worker termites from molting. (Molting is critical to colony
survival.)
E. In tests dtat it conducted on Recruit, Dow AgroSciances LLC, the manufacturer of Recruit, observed evidence of very low levels of mammalian toxicity only at
very high levels of exposure.
F. Treatment is provided against the attack of subterranean termites (Rcticulitermes spit., Heterotermes app. and Coptotennes spp. (Formosan). This Agreement
does not provide for the treatment of any other pests, plant, animal or organism other than such touches. The Company has not inspected or treated the
stmctunts) for health -related molds or fungi. By law, No Company is not qualified, authorized or licensed to impact for health-mlamd molds or fungi.
G. The Company makes no representations regarding the enact location or number of any existing termite colonies.
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer also understands that:
A. The Scvtricon System and all of the components of the gentian System ("Components') have been designed by Dow AgmScieams LLC. The Components
are and will remain the propemj of Dow AgraSciences LLC. Customer has no rights with respect to any of the Components, other than the right to their use m
installed by Ne Company on the Oasmmefs premises order this Agreement.
B. On expiration or termination of this Agreement, the Company and Dow AUoSelemen LLC or their respective representatives use authorized by Customer to
remove from Cmtome2s premism the Smile= and other Components for appropriate disposition. In addition, if the Company, for whatever reason, ceases to
represent or to be authorized to represent the Sentricon System,
i. The Company will:
a. So notify Customer,
b. CM, Customer the alternatives of either using 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 amount equal a the fee paid for services not yet received if Customer elects to discontinue the mlationship, or if the
Company cannot offs an effective alternative form of termite protecdon; sad
c. Retrieve, or allow Dow AgreSeimos LLC or in representatives reasonable access to the premises for the removal of the Components; and
ii. CLstomerwill:
S. Great the Company and Dow AgroSsieneet LLC or their rcspcctive representatives reasonable access to the premises for the retrieval of the
Components; and
b. Either agree with the Company on the use of an alternative (o=oftwunim control or terminate this Agreement.
PAYMENTMETHOD. ❑Cash ❑Check ❑Credit Card
Ifpaymg by credit card or recurring debit from you bank account, gloom complete the attached Authorintion for Pre-Ananged Payments.
This Agreement contains certain limitations, conditions and exclusions on the Company's obligations. Please read the entire Agreement before signing.
In consideration for the Company performing the services specified above and subject to the terms and conditions of this Agreement, Customer agrees a make the
payments indicated above. Customer acknowledges mccipt of a signed copy of this Agreement. This Agreement is not binding on the Company until signed by an
authodued manager or executive officer of the Company.
CUSTOMER' HOMETEAM PEST DEFENSE, INC.
Si®mture: Signature:
Printed Name: -PA Printed Name: VOID/ FOR PRESLAS APPROVAL ONLY
Emeil:�`e -e LLG [4 0 %7 D 11 D{9'1-Ct/• Effective Date: NONEFFECTIVE
L/ CIO /y)
RIGHT FO CANCEL: YOU, THE COSTONER, AMYCANCEL THIS TRANSALTIONATANYTIHEPRIOR TO MIDNIGHT OF THE THIRD BUSINESS
DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT.
THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTEC710N
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Sentricon,Recruit and Baitube are mgnerud tmdcmvrks ofDsw AwsS iemes LLC.
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Section V. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The Customer agrees to be solely responsible for
maintaining the Treated Promises fee fmm my Condition conducive to termite infestation ("Conditions Conducive,"we below for explanation). The Customer agree
to be solely responsible for identifying and correcting Conditions Conducive. The responsibility mat exclusively with the Customer, not with the Company. Failure of
the Company to alert Customer to my of the above Conditions does not alter Cosmmels responsibility under this Section. In addition, the existence of any Conditions
Conducive that was not timely wrected, including my 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 m a malt of the Conditions
Conducive. Customer agrees W ful�c_opemte with the Compmy during the term of this Agmemea4d agrees to maintain the area(s) bailed few from such
Conditions Conducive include, but an real limited to, roof teab, improper ventilation, faultyplumbing, and water looks or intrusion is
structural problems, including, but not limited to, wood in ground Contact, summary retinues, and settlement of the foundation, foram
speeded polystyrene or styrofoam molded fmmdation systems, siding (including vinyl, wood and metal) if within 6 inches of the
"Seemed Covering; aM fireweed, trash, lumber, wood, mulch, sluubs, vines, and other protective ground covering if within 6 inches of
Section W. ADDITIONS, ALTERATIONS, AND OTHER CHANGES. This Agreement covers the Streamers) identified in Section I as of the date of the initial
installation. common will immediately notify the Company in writing (1) prior to the Structures) being stmcnually modified, altered or otherwise changed. (2) prior to
my termilicide being applied on or close m the location army Station, (3) if soil is removed or added amend the foundation of the Stsucnurc(s) or (4) any tampering of
baiting equipment or supplies accuse. Failue to notify the Company in writing army event listed above may laid the Agreement. Additional service required by any
addition, alteration or other such event maybe provided by the Company at Cuseemefs expense, and may require an adjustrnrnt in the aenewal fec.
Section VI 1. DAMAGE RELATED TO SERVICES. The Company will exercise due care while performing services hereunder m attempt to evaid damaging my pan
of Cmm aces pmperty, plants or animals. Under no commandoes will the Company be responsible for damage caused by the Company at the time the work is
performed. except those damages resulting fmm gross negligence or the Company. Customer is responsible, at Customers sole expeme, for refmbiabing Customer's
property (including lawn and landscape) after installation of the Stations.
Sadhas VIII. REPAIR AND RETREATMENT OBLIGATION. Customer Initials . Subject to the general terms and conditions of this Agreement, if an
infestation of subterranean tannins occurs in the treated swcmrc(O during the term of this Agreement, the Company will retreat the arm of infestation at no additional
charge. In addition, subject to the general terms and Conditions of this Agreement. the Company will repair, at its cost, new, termite damage to the trusted mammals).
The Company's total liability will not exceed in may am calendar year the lesser of O $200.000 or (E) the fair market value of the treated stracmre(s), new exceed
S 1,000,000 in the aggregate overtire lane ofthe Agreement, including extensions, and renewals.
1. Customer expressly waives any Claim for economic, Compensatory, or consequential damages rotating to the existence of Submrrancan mmutas or Subterranean
termite damage, or for increased costs, loss of use, business interruption, diminution of value, or any "stigma" damage due to the presence of Subterranean termites or
Subtmenean termite damage. The Customer acknowledge, that the Company is performing a service and except for remote damage repairs set forth above and any
damage in the onm re caused by the Company in the perform.,. of its services, Customer waives any claim for property damage, and agrees drat under no
circumstances shall Company be held liable for my amount greater than the amount paid by the Cusmmer to Company for the termite service to be performed.
2. Due to subterranean termite habits, termite activity may continue to be present In a structure for a period of time following treatment. The Company b not
responsible for repairs arsubteromem termite damage that occurs before the repair portion or the warranty becomes effective.
3. The Company's obligation to repair termite damage will become effective upon the earlier of (i) elimination of the colony or colonies located on or about the Service
Address or (it) she first amiver ay ofthe installation ofthe Stations. Colony elimination shall be deemed to occur when, following two consecutive months ofterrotes
Ladling an Recruit temtim bait in one or mom handle bait stations located at the Service Address, the Company's technician is unable to locate, for a period of three
wnaccuden service visits to the Service Address, say live tannims in any of the remains bait Stations located at the Service Address. Ifnew damage, m evidenced by the
p.m. arrive rewrites, "cum while the Company's obligation to repair wousto damage is In force, following written notification from Customer and an inspection by
the Company, the Company agrees to reimburse Commuter for the reasonable cost of the repairs, but only to the extent that the total numerable cost of such regain is
lem than $20g000 in my one calendar year.
4. Subject to the remaining provisions of this Section VIIIA, Customer will be entitled to select the contractor who will perform the needed repairs m the mated
sammax(s). Prior to entering into a Contract with a compactor, Customer agrees to provide the Company a Copy of the proposed conduct or written bid. If me Company
determines the bid to be excessive, Customer agrees m grant access to the treated snucture(s) to a contractor designated by the Company for the purpose of obtaining a
accord bid for the work. In ease where them are multiple bids for repair work, Customer acknowledges that the Company reserves the right to select the contractor to
perform the repairs.
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 dam of this
Agreement The Company does not guarantee that the damage disclosed on the mashed inspection graph represents all of the existing damage as of the date of this
Agreement. The Compmy will not be responsible for (1) any damage caused by termites to the treated strucleare(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 claim, 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 employees.
Section DL PAYMENT. The Companys obligation to perform under this Agreement is conditioned upon Customcrs payment in full of the price set forth in Section II
above. Cosmmels failure to pay such price in full will cause this Agreement to automatically and immediately trnninate in its Cntimry and the Company will be
discharged of all Lability. All amovnta paid, if my, will become the property of the Company as liquidated damages hereunder. The installation fee is due and payable
at the time of the initial scrvim. no renewal fen is due and payable upon mccipt of invoice. Invoices that are not paid within thirty (30) days of the invoice data will
"cane interest on the unpaid balance at a rate equal to the lesser of 1.1%per month (18%per year) or the maximum rate allowed by law. In the event that legal action is
necessary to collect my amount due the Company, the Company will be entitled to =Cover fmm Customer all costs of collection, including reasonable atmmew Rm
n addition W all outstanding amounts due the Company.
Section X. TERNI. Unless othrnvin specifically provided herein, the parties agree that the initial term of this Agreement will be for twelve (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 (12) month periods, following the
initial tens upon payment by Customer of the fee indicated in Section H.B. of this Agreement (subject to adjustment as provided in this subsection), unless either party
cancels by giving the other party written notice at lent thirty (30) days prior to the end of the then current Corm This Agreement may be terminated by the Company or
by Cnmstomeq at any time following the initial term upon written notice to the other party at least thirty (30) days prior to web nomination. At the and of that five (5)
year period, the service may be Canceled annually with me mutual consent ofboth parties, and, thereafter, either parry may terminate the service with writen notice at
[me thirty (30) days prior to the end of the than curernt term The Company reserves the right to incomew the price of service. This Agreement may be marinated by
Customer by providing written ounce to the Company within thirty (30) days following Customers receipt ofthe notice of increuse.
Section M. 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 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 MI. CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS. If Customer believes that Customer or other occupants of the treated structure
are or may (A) be sensitive m pesfickhmAcmuficidee or their odors or (B) have omer health conditions that may be affected by pesticldcest crsnitiddce or their odem,
Company recommends that you not have an initial or a subsequent service performed at your premises until you have Conselled with your family physician. At your
request, Company will provide information about the chemicals to be used in treating the promises. By permitting the trealmem Customer assumes the risk and waives
any and all Claims against the Company in connection with such sensitivity or condition. At your request, less Company will provide information about the chemicals to
be used I. trusting the premises.
Section MIL ASSIGNABILITY. This Agreement is transferable to a new owner of the property 1"aled err the Service Address provided that the new owner of the
property, eaten into an installation and monitoring agreement with the Company. The Company reserves the right to charge a transfer fee, adjust the annual renewal
rate, and change the terms ofthe Company's obligations under this Agreement upon any such transfer. Upon the closing of the sale ofthe property located at the Service
Address, this Agreement will resource.
Section MY. ENTIRE AGREEMENT AND SEVERABILITY. This Ageemenr and the attached graph Constitute the entire agreement between the parties.
Customer expressly Comeats and represents that, in entering this Agreement, Customer is not relying on any promise, agreement or statement, whether am] or written,
that is not expressly and fully set forth in this Agreement. If my part of this Agreement is held to be invalid or mu nforccable for any reason, the remaining terms and
conditions of this Aguecmmt will remain in full force and a@cL The terms of the Agreement stated heroin may not be emended or altered unless a written change is
approved and Signed by a Corporate Officer of Compmy. No other employees or agents of Company have authority to ammd or alter any part of this Agreement.
Provided, however, that as to the paragraph on ARBITRATION, if the scmcda precluding the arbitrator fmm conducting an arbitration proceeding as a class,
repaesrntative or private amney, general action is found to be invalid or unenforceable then the emirety of the ARBITRATION paragraph shall be deemed to be
deleted from dais Agreement.
SeeHon XV. ADDITIONAL COMMENTS.
Season., Reemit and Baitube are regismmed trademarks of Dow AgoSeience I.I.C.
0 HomeTwn Put Derem41ne, 20D (529g65YR71/Il