HomeMy WebLinkAboutINSTALLATION - MONITORING NEW CONSTRUCTION-'
-� RECEIVED
I M
THIS-- ''EMENT PROVIDES FOR
HomeTeam
_
a s Zo1s
RETREATMENT OF A STRUCTURE
FIST Dttaese•
,BAN
AND THE REPAIR OF DAMAGES
'
SAIAl7WeI6 SE ONLY—
_CAUSED BY WOOD DESTROYING
ORCAIVISMS WITHIN THE LIMITS
St. LUCie County
STATED IN THIS AGREEMENT.
Accowt Nw:
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AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICONO COLONY ELIMINATION SYSTEM FOR NEW CONSTRUCTION
Section L GENERAL INFORMATION.
Name:tf')R•i3K AN-* M•2Adowood Ut a BillingAddress:S90 A/W Wea-4 +;I-P Dl_,
Service Address: qLl 31 MY adDWDDC4 AT- City, & .r+
City: Fort Pierce State: AL Zip Code: y9AG
State. FL Zip Code: 314991
Location ofTrratmm, Sticker. Panel
Llvm Footage al'Sumome(al 210
n
O
V
Section IL SERVICE COMMITMENT.
HomeTeam Pen Defense, Ina (the •Comp.W) will, in compliame with applicable federal, data and local laws, rules and regulations:
A. Install the Sentriean teaim bait sermons (the 'Starioa7jqq soft n(nud the perimeter of The dructurc(s) (sea coached graph) lamed m 0a Service Addressahase(tu•strhmtmc(s)•)rortu ivstdlWonfco ors ales bud er
B. Mwimrthe StWonsiaaaordmmewirhthelebddrmiaufmapniodoftwelve(12)mwthsimmediaWyfollaMnginsWinionofiho Stmiomfor pgytpyplf,'pIC®
reofsZero v7Vf11v11VG
C Tamlcmfor thefimt year of translation and Monitoring SZem D. TheAwuolRea wdF.dWtheBray=S300.00 BY
E. curiagthemonitoringperiod,addandmeameReemit®tectumbaitfromtheStationsOrappropriatG St. Lucie COUn4y
F. Durivgthe mmtitoring period, maintain all Station inserviaable condition:
Section 111. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM.
Cusomet mderstnem eta that:
A The Sentrimm System involves installation and monitoring, mloery elimination with Reason remit, bait, and subsequent monitoring for continuous protection
firm ntw temtte eolonia;
R. Imervala of from a few weeks to more than a year should be expected between•.
L Installation ofthscrund a, datiom and sufficient unnim activity to allow the addition ofRenuit tundra bait; and
fi. Addition of Recruit termite bah.
C. During the intervals) between inttdlatim of the Stmiom and complete elimination of existing termite colmdm, termite feeding within the Structures, possibly
involving additional swmuml damega uses, «cur. Additional services Sued, as spot applications of conventional tenniticidm We available to combat termite
activity on a localized, shomtam basis if desired, but arc cot needed forand will not eonlributeto temdtecolony elimination.
D. The alive ingredient in the Suasion• System is w imrm growth regulator (Recruit) that prevents worker tewita from melting (Molting is ethical to colony
survival.)
E. In tests thus it Conducted on Recruit DowAgreScianw LLC, the mmnafuamer of Recruit, observed evidence ofvay low levels ormammolum taoiehy Only as
very high levels ofesposure
P. Teetmert is provided against the neck ofsubtemnean temite, (Retieulitenna app., Heterourma spp. and Coptotemos spp. (Fomoae). This Agreement
does, am provide for the Uemnsnt of any other pest; plant, national or mgeism War than such temitm The Company ha not inspected or trended the
swcove(s) for henhh•relatd molds or fungi. By law, the Company is not qualified, audmaiud or licensed to inspect for hemtlerchmed moldsor fungi.
O. The Comoom makes cm meCtimut mud'mo the Cavan tecsinn mnumbaofaw mammas tornimedretin.
Home Phone: -
Work Phone: "772 - 9:�3- /:k/1
Treatment Type: O Conective 0 Preventivo
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customa also wdc m=& ghat:
A The Scradcon Sysem and all of the compartment of the Seuied, System ('Component•) have bee designed by Dow AgmScieca I.I.C. The Components
am and will remain the property of Do.AlmScienm LLC. Ctmomm hat no rightswith respect m say ofthe Compone us, other tun the right to their net m
installed by the Company on the Customefs promises under this Agreement.
B. 0. mgRsation err termimtiaa of tide Agrmvmt, the Company and Dow AgnScirsom LLC err their respective represetatim are authorized by Casomer to
retrieve from Cuemmers premiums the S,Wmu and other Components fa appropriate disposition. In addition, if the Company, Am who. rmium Gaza In
repecam on, to be authorized to represent theScmricon System,
i. Then Comaanvwal:
tmived if Customer elects to discontinue the relationship, or if the
e. Retrieve, Or allow Dow AsmSctenm LLC or its rcpreswtmiva reasonable access m the premim for thercuievd of the Components. and
is Cmatmed ill:
S. Grant the Company wd Dow AgroScicam LLC or their respective representatives nameable amuses to the premier for the noting of the
Component; and
b. Either agreowith to Company anthe on arm alternative [am of laterite control or lemimle this Agreement.
PAYMEMMETHOD. ❑Cash OChcek ❑Credit Cam
Ifpayingby cmdia cod or rmmngdebit from yam b=k aaaun%please compkm the attached Authorization for PtsAnanged Payment.
This Agreement contains certain Emimtiem, conditions and admioas on The Company's oMlgatmna. Plese read the entire Agreement hefore adenine.
In consideration fat the Company perfowing the advice specified above and subject to to terms and conditions of this Agreement, Customer cum to make the
p rymenb indiatd above. CLslamer acknowledge tempt of a signed copy of this Agremcnl. This Assessment is net binding on the Company =1 Signed by an
m lunired manangerm erautive ofratoftat Conq any.
CUSTO R: /)� �%� % HOMETEAM PEST DEFENSE, INC.
Sigww �" i 2'_ e.0 Cil Signmum:
Printed Name:. ;lj-b )C-0m.eaf' primal Name VOID/ FOR PRESLAB APPROVAL ONLY
Ewit: 0 2•l• Le ERectiveData- NONEFFECTIVE
RIGHTTO CANCEL• YOU, THECVSTOMER, MAT C116'CEL THIS TRAA'SACTIONATANYTIMEPRIOR TO MIDNIGHTOF THE THIRD RUNINESS
DAYAFTER THEDATE OFTHIS TRANSACTION SEE THEATTACHED NOTI EOFCANC£LLITIONFORANEYPUNATIONOFTN1SRIGHT.
THE REMOVAL OF THE BAIT OR BARING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTECTION
Smvima, Rmdtmd 9aimbc ame cassud eW¢+Ne"Dav Al uScicam,ld.0
CH.T®Pta Dafmb,me.200 (52"651Te N0
SeWov V. CUSTOMER COMMITMEI'TO CONDITIONS CONDUCIVE TO INFESTATIONS The Cm agrees to be solely responsible for
maintaining the Trod Premises Om from =--ditim um ltdw to termite iMesation (Conditions Coduclve' am below for explanation). The Caucuses, agrees
to be solely lespomible for identifying and c rreuine Cmditipnf Conducive The responsibility ruts exclusively with the Customer, not with the Company. Fail=of
the ComPmy to Wen Customer to my of the above conditions does me alter Customer's responsibility under this Section. In addition, the cxlatmexi of my Conditions
Conducive Non was not timely comMed, including any Conditions Conducive adating but not visible_m the time of theesecmion of this Agnement, will permit the
COmP=Y. Al its 101- dixxxulk , w w miaae the AWo and or to require Customer to purehau my additional naatmnt required as a result of the Conditions
Coadumdve. Cmomy ¢Braes m fWIY eoopemrc wins the Compmy dmaing We [eon of mite Agrcmmmt, cant agrees to mainucin don vea(s) baited Gee from such
CovGrtions Codanive.Othtt spocific itemmay be rated below in •Additional COmmmt• (Senior XV).
CONDITIONS CONDUCIVE: Condition Conduciv<inelade, bus me ml limited to, rust leaks, improper vmtiletian, !miry plumbing, and wmw ImW or inmuion in
w around the atruetme; iMere suununl problem, including but red limited b, wood to ground contact, muomy falures, ond nitlemrnt of Ne foundation, foam
inrvlation, Hutto eovswctian, expvndd polyatyrew or sryrofaam molded foudarion rynan; siding (including vinY4 wood aad mel0 if within 6 inches of the
ground; mWch w otht pratemw ground coverug; and firewood, tmh. lumbee, word, mulch, ahrubt, vine; and atht protMiw ground waning if within 6 inches of
mntn wide stmttuse.
SMion VL ADDITIONS ALTERATIONS, AND OTHER CHANCES. This Agreement covers the Structurc(s) identified in Section 1 m of the date ofthe initial
Installation. Cusfemt will imu iliescly notify the Company In writing(1) prior to the Stmnarc(s) being structurally modified• altered or otherwise changed. (2) prior to
any termitmide being applied on or close to the location ofany Suction• (3) if soil is removed or added around the foundmia.•t of the Stmcturc(s) or (4) my tmvpedng of
baiting equipment or supplies occurs. Failure to notify the Company in writing of my event lined above may void the Agreement Additional services required by my
addition, alteration or other such event may be provided by the Company or Cusfomdx expense, and may require an adjustment in the renewal for
Section W L DAMAGE RELATED TO SERVICES The Company will axenive due cue while performing services hereunder to anmpt to avoid damaging my pan
of Ctrvmmefs properly, plants or anui ds Udcr no circumstances will the Company be responsible for damage caused by the Company a the time the wink is
performed. except than damages resulting from Brun coogame of the Company. Customer is responsible. W Cusmmefs sale experm, for ref abifhmg Customces
property (including Inwu and landscape) aftminstallation afthe Simms
Solon VOL REPAIR AND RETREATMENT OBLIGATION. Customer initial . Subject to the general terms and conditions of this Agreement, ifan
inlaaarian ofsubbrrancen temites occurs in the aeated suucture(s) during the term of the Agreemm, the Company will retract the area of infestation at no additional
charge. In addition, aubjen to the general farm and canditiwu of this Agreement, the Company will repair, W its ew4 now, termite damage to the moved saucture(s).
The Compa s, laid liability will ml attend in anyone Wendar Yew the lever of(i) $200.000 or pi) the fair marks value of the treated awmurc(,). Our "oced
SI. 11.000 in the aggregate ovttthe term ofthe Agreement, buAudingmensims and renewds
I. Customs oxprmly waives my dam for «mantle. cvmpmsatery, or ran
uquan"
damage relating m the existence o! Sub[enmwn tmvites or Sumemnesn
tmnm damugv, or for Inveared orb, lov afore, budnm intertuptia , diminWim of vatuv, or my •stitpma" damga due to the pram" of Subrcrranem m aritea or
Su6laranean temite damage The Customu eckmwledges tMf the Camparry is perfamin8 a savior end escePt far tactile damage
repair set faM above cad any
danaga to the stmturo word by the Company in the perCamuance oC its awicer, Cumomn waives any claim for Properly damSo, ad ogees then under no
dreumstances fhdl Company be held liable for any arwam Ban then the amount paid by the Cunomtt to Compmy for the termite rervice to be pMomed.
2 Darto mblma.— lermlle 6ablt, taconite activity may covtivue to 6e prtant Iv n slwcivre for m period of time lollowlog IremlmenL The Compmvy Is at
respoasihle for rope"' of subucrreamo lermlle damage tbe' occurs before We rtpvir pomioa of the wnnavry became eRMlve.
3. The Compost obligtionb repair lemam dmmgewill become eRMiw uponthe alit otli)elimination of
wlmy ter wlmiq located on or about it. Service
Address w(u) me fax
amivnrvry of the ivstallanian of
Smima. Colony e]imin¢tian shill be deemed to xctu wilco follown8 two conseeutiw months oftermrcq
feedug m Recruit termini bait in me ar more tartan bee actions locoed ot the Service Addrq; the Companys tecMidan is enable to tousle. for a peril of Hatt
wnsavuve __ actin to thv Service Adder; arty live termites in any of the mmum bell aati4ns lovnued m the Service
Address. Ifnew damage, ns evidenced by the
preuoce of live termite; acorn while Ibe Company's obligation to rcpainemim damage if in force, fallowing written notification from Customer and an inspection by
the Company
the Compmy agree to rcimburn Custama for the reafomble wrt of0 open, bit oily to she name the the total reawnable cort of s"M1 repast is
Ion than 5200,000 m any one Wendar yew.
4. Subject to the remaining provisions of this Section V111.4• Crammer will be cn ided to mIM the contractor who will perform the needed rafters to the treed
srmctmc(s) Prior mentering into o warmer with a "namta; Castanet agrM to provide the Company a copy ofthe proposed contract or written bid. Iffae Company
damnme, the bid to be excessive, Customer agrees to Scent access to the treed amcturc(s) to a contractor designated by the Company for the purpose ofobnining a
accused bid for the work. In wens where glue me mllipla bids for repair work. Customer acknowledges that the Company mervm the right to values the contractor to
3. The Company is not responsible for the repair of either visible dmnege (noted on the matched impeclian graph) or hidden damage existing w of the date of this
Agretarm The Compmy data not paromm that the damage disclosed an the attached inspection graph represents all of the existing damage a of the due of this
Agreement. The Company will not be responsible for (1) any damage mused by termites to the treated structure(s) or the contents therm(arblog prior to or
fallowing the term or Ibis Agreement ar IT) any costs or expenses mmmd by Customer " a mal l of any each damage. Customer waives all claims for
damage to the property or people that may result dimity or Indirectly from services provided by the Compmy, with the sole exception ordiden for damages
doe to the gran unrigwmc rmbe Company medlar W rmployea;
Section IX. PAYMENT. The Company's obligation to perform under this Agreement is conditioned upon Cuttomefs payment in full of the price rn forth in SMion 11
above. Naamefs failure to pay such prim in full will vase this Agmemcm to automatically and immediately taminate in it entirely and the Company will be
discharged of ell liability. All amount paid, ifany, will become the property cribs Company as liquidated danmges hwcuder. Thus installation for is don and payable
W don time of the initial service The renewal for is due and payable upon c"aipt of invoice. Invoices that are not pad within thirty (30) days of the inwim date will
amm, Wastes an the mpaid balance W acme equal to the lest of L 5%parmouth (18Y pm Year) or the maximum rate allowed by law. In the event that legal action is
nwmary m w11M eery amount due the Company. the Company will be entitled to numur from Customer all sat Of mllMim, including reasonable morneya' great,indd,..n to all ding amount due the Company.
Section X. TERM. Unless otherwise specifically provided herein. the parties agree that the initial term of this Agreement will be for twelve (12) the and will be
amammiedly rtvewed m m annual hasi; form
additional nvelva (12) meant peril, far o maxmum of far (4) additional twelve (12) month period; lollowing aloe
initial [eon upon payment by Cartatrcr ofthe fee idieucd In SMion II.B. of Otis Agreement (rvbjM to adjumnmt ter provided in this subseatim), 04 r eitM pates
ceweby giving me other petty wrinm m1i" w lent shiny (30) days palm to the and of the Out wmmt tom. Thu Agreemau mY bus teminated by abet Compmy or
by Customs, m try time following the initial tent, upon written nmtitt la the other parry m Iamt Thirty (70) days prior to such temiwim. AI the and ofma five (S)
ye period, the service toy b<rmewed ammdly with Orc mutual consort of both ponies, W, thercaRtt. eimu parry try its a.. mha st -wins wrinotiee at
lean miet3. 00) days friar re
the and of me then mrte term. The Compmy rates the right to increase the price of mrvice. This Agreemt try be 'a-
6 by
tlstamnby providing xrinm calico to the Compmy wi0dn N"vty (30) drya following Cnstomeya receipt ofine wtiw of inaem.
SMly XL ARBITRATION. ANY CONTROVERSY OR CLAIDI ARISWC OUT OF OR ftELATI IC TO THIS ACRERSENT 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 CONSWIER•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
ACTION.
ACTION OR LEGAL PROCEEDING UNDER
GENERAL ACTION OR SIMILAR
FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY 71111E PI
r THE AWARD BE ACCOMPANIED BY A REASONED OPINION, THE AWARD RENDERED BY THE ARBITRATOI
IDING ON ALL PARTIES, EXCEPT THAT EITHER PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD
ARRITRATOR(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 AR.
Sectlov XIL CHEMICAL SENSITIVITY OR SPECIAL HEALTH CONDITIONS IfCustomer believes that Cuaamm or other occupant of the treed armature
are or may (A) be serstiw to paicideshmmitiddes"their ado,, or (B) have other health conditions that ray be off red by pesticideshemiticides or their odors,
Company recommends thus you nor haw an idtial or a subsequent smite performed at yaw premises until you have consulted with your family physicion. At your
request, Company will provide infamarim about the chemicals to be used in treating Bee premises By pertaining the treatment, Customer mimes the risk and amm
try ad all claim against the Company in comma. with such sensitivity or<oadition At year request, the Company will provide infortmion sbous the chemicals to
Serllan XIH. ASSIGNABILITY. This Ageemmi is trumferabla to a new owner cribs property located m the Service Addrcn provided that the new awns of the
property mint into an installation and monitoring agreement with the Company. The Company reserves the right to charge a transfer fee, adjrm the annual renewal
rote, and change thatmrrb of the Company'( obligmiaesundtt this Agreement upon my each transfer. Upon the closing of the sale of Oro property located at data Survive
Address, this Agreement will terminate.
Secllan XIV. ENTIRE AGREEMENT AND SEVERABILITY. This Agreement and the watched graph wnstituta the entire ogrcerrmt between the parties
Costs—espnmly aanuub and roprenm than, in c ttermg this Agremtam. Customer is not relying an my promise agreement or amement whether and or written.
that is out expressly and fully set forth in this Agreement. If any Pan of this Agreement is held to be invalid or uwnforcmble for my mean, the remaining team and
conditions Of this Agn"ment will nm¢in in fall for" and c0'M. Tha am of the AgrremoN awed herd. any not be amedd or entered aim a wrim an change is
approved and signed by a Corporate OBiM of Company. No other employees or egents of Company have outhwiry ro amend or ale any pat of thia Agreement.
Provided. however, that us to the paragraph an ARBITRATION, if the serum" precluding Om arbitrator from conducting an arbitration proceeding as a clan,
repmeamtive or private attorney ground action is found to be invalid " unenfameable then the exam ty of the ARBITRATION paragraph shill be deemed to be
delemel fmm thin Agreements.
Section XV. ADDITIONAL COMMENTS.
5'<mlcm, Rawer �ad Baiadem reyacredmQmuds ofItm Aloud am LLC Man SYM 11D O NoacTcrm Pm Gfosm, Inn 200