HomeMy WebLinkAboutSENTRICON AGREEMENT - INSTALLATIONF ,�:IVED
Ho� TQ I HIS AGREEMENT PROVIDES FOR
URE
PEST DEFER 1• SEP 2 7 Z019 AND THEMREPAIR OFOF ATRUCTDAMAGES
SAINT LUC COUNTY USE ONLY CAUSED BY WOOD DESTROYING
, Permitting ORGANISMS WITHIN THE LIMITS
ST. Lucie County, 9 STATED IN THIS AGREEMENT.
Account No.: 0
AGREEMENT FOR THE INSTALLATION AND MONITORING
OF THE SENTRICON® COLONY ELIM NATION SYSTEM FOR NEW CONSTRUCTION
GENERAL INFORMATION.
ice Address: , Z C t j2i }gl� �r•
Fort Pierce
Zip Code:M—t 1
Linear Foomge of Struchmre(s). 210
BillingAddress5go p goMryca hR
City:'%(+ S}- LLtCI L�
State: Gl Zip Code:
Home Phone:=
WorkPhone:llZ' u 15- 1111
Treatment Type: ❑ Conective ♦a Preventive
Section II. SERVICE COMMITMENT.
HmmeTeam Fear Defense, Inc. (the 'Company') will. in Compliance with applicable Arlerel, state and local laws, rules and regulations:
A. Install the Senhicov termite bait stations (the -Stations-) in the soil around the perimeter of the srmana(s) (sCo anecbed gmph) located at the Service Address
above (the-Strucmre(s)-) for the installation fee ofS-paid by hUilder
B. Monitor the Stations in ecardance with the label directions for a period of twelve (12) months immediately following installation of the Smtiom for an annual
fee ofs Zero
C. Total cost for the and year ofhnamiladov and Monitoring SZero SCANNED
ID. TheA ual Renewal Feeaftathefl.tyems300.00 ;
,g owing the monitoring period, add and remove RecmitO termini bait from the Stations as appropriate; 13Y
F. During the monitoring period, assistant all Stations in serviceable Condition;
S�ction III. CUSTOMER UNDERSTANDING OF PERFORMANCE OF SENTRICON SYSTEM. St. Lucie County
C' tomerunderstavdstbaz:
A. The Sentricon System involves installation and monitoring, Colony elimination with Reason termite bait, and subactla at monitoring for Continuous protection
from new remote colonies;
B. Intervals of from a few weeks to ante than aycar should be expected between:
i. Installation Rocr SevtrtCov stations evdsufficirnttermite octiviry mallow the addition ofAeauit manioc bank and
il. g thitionofRmuitweninsthalt.11
C. During the intcmal(additional
between installation y the r.Addi and complete Soul ha sot t ofesdating tenure colonies, tenure felling within lame a so combat
possibly
involving additional atmcuaal damage, may occur. Additional services anch as spot appEbute to of conventional colony a imination. are available to combat remote
activityact ve i localized, short-term basis if desired, but are not needed for and will not Coat prey nt weaker
elimination.
D. The active ingredient m the Satricov System is rn insect growth regulator (Recruit) that prevents worker terrvite from molting. (Moltitg is critical to colony
survive].)
'E. 1. tees thus it conducted on Rernit, Dow Agmsdrnce LLC, the manufacturer of Recruit,observed evidence ofvery low levels of mammalian toxicity only at
very rich levels provided
again
F. Toes Set is provided against the attack ofother eneav termites crag oulitermes spot., r then atmes sop. and Copmumses,Comp,m spot. (Formosan). This Agreement
sous vat provide for lame hemmer of any other pests, plant, any is
of gBanied, other Wed such remises. The Company has not impacted or
n treated the
.enure(.)for hakes no medmolds mfungi. d law,theCompany fsnotqua�e4 auWosGng errlicensed toinspect for health-relatedmolds or fungi.
G. The Company makes no rtpreuvtarious regarding the at location or nearer ofeny existing wmire Coladcs.
Section IV. DOW AGROSCIENCES LLC OWNERSHIP OF SENTRICON SYSTEM COMPONENTS.
Customer al so understands that:
A. The Scnhicon System and all of the compovema of the Sentricon System ("Components°) have bow designed by Dow AgroSacmes LLC. The Components
are and will remain the Property of Dow AgroScfaces LLC. Customer ban no rights with resister to any of the Components, other than the right to their use as
installed by the Company on the Casemate. premise ands this Agreement
H. On expiration or termination of this Agau mea4 the Company and Dow AgroSciences LLC or their respective representatives are ambmrized by Customer to
retrieve from Customers premises the Stations End other Composcvts for appropriate disposition In addition, if the Company, for whsteva rawer, ceases to
represent or to be authorized W refewmtthe Sentricon System,
i. The Company will:
C. So notify Custamcr,
b. Offer C4ttamer the alternatives ofeither using a different form oftermite protection or laminating this Agreement;
C. Credit the Customer for services paid for but not yet received, ifappmpriate;
d. Refund to the Customer m amount equal to the fee paid for services rat yet received if Customer elects to discontinue the relmionship, or if the
Company cannot offer an effective alternative form of ternire protection; and
Achieve, or allow Dow AgmSciamw LLC or its representatives reasonable access to the premise for the retrieval of the Components; and
ii. Casamearwill:
S. Grant the Company and Dow AlumScience LLC or their respective representatives reasonable access to the premises for the muievd of the
Componevh; and
b. Either agree with the Company on the use ofan alternative form oftamite control m Dominate this Agreement
PAYMENTMETHOD. ❑Cash ❑Chak ❑Credit Card
Upaying by credit card or recurring debit from your bank account, please complete the attached Authorization for Pre-Araaged Payments.
This Agreement contains remain limitations, Conditions and exclusions on We Company's obligations. Please read She entire Agreement before slgdng.
In Consideration far the Company Performing the servim specified above and subject to the tams and Conditions of this Agreement, Case .agrees he make the
payments indicated above. Customer ackvowledga receipt of a signed Copy of this Agreemcm This Agreement is not binding on the Compmy until signed by en
awboriz ul manger or executive officer ofthe Company.
CUSTOMER: f �_�� HOMETEAM PEST DEFENSE, INC.
S'mgmature:/�,A C—.'Signamte:—
Pri.P dNavel7 LiAL C � S LLC Printed Name: VOID/ FOR PRESLAB APPROVAL ONLY
Ei T errni-�}(� ah vleS• t6 Effativt Dare: NONEFFECTIVE
RlC.HTTO CANCEL: YOU, THE COSTOAfER,AIAYCAN'CEL THIS TRANSACTIONATANYTIMEPRIOR TOJ1mA7GHTOF THE THIRDEUSINESS
A➢AFTER THE DATE OF THIS TRANSACfION. SEE THE ATTACHED NOTICE OF CANCEL U TION FOR AN EXPL ANATION OF THIS RIGHT.
THE REMOVAL OF THE BAIT OR BAITING SYSTEM MAY RESULT IN A LACK OF TERMITE PROTECTION
Smvicmy Rucuit and Bvmbe ere regsc usdersaws of Dow Ain Sairnrca LLC.
0 HomeTram Pm Defame, Ire. 2013 (529865YR) VD
l
V. CUSTOMER COMM2c'.:—:.T AS TO CONDITIONS CONDUCIVE TO INFESTATIONS. The �s—aer agrees to be solely responsible for
ing the Treated Premises free from any condition conducive to termite infestation ("Conditions Conducive," see below for exploration). The Customer agrees
sly responsible for identifying and correcting Conditions Conducive. The responsibility rests exclusively with Me Customer, not with the Company. Fail= of
pany to ales Customer many of the above conditions does not alter Customer's responsibility under this Section. In addition, the existence of any Conditions
vc that was; not shady co scud, including any Conditions Conducive existing but not visible at Me time of Me execution of this Agreement, will permit the
y, at its sole discretion, to terminate the Agreement or to require Customer to pumhaee my additional treatment required as a result of the Conditions
ve. Customer agrees to fully cooperate with the Company during Me term of this Agreement, and agrees to maintain the steals) baited free from such
me Conducive. OMerspecific items may be noted below in "Additional Comments" (Section XV).
TIONS CONDUCIVE: Conditions Conducive include, but are not Heated to, roof leaks, improper ventilation, faulty plumbing, and water leaks or inhuman in
d the structure; inherent structural problems, including, but tot Emiml to, wood to ground mower, masonry, failures, and settlement of the foundation, foam
., stme. coamcim, expanded polystyrene or styrofmen molded foundation systems, siding (including vinyl, wood and metal) if within 6 inches of the
mulch or other protective Boned covering; and firewood, hash, lumber, wood, mulch. shrubs, vines, and other protective ground covering if within 6 inches of
vith smrture.
VI. ADDITIONS, ALTERATIONS, AND OTHER CHANGES. This Agreement cavern the Structure(s) identified in Section I as of the data of the initial
an. Customer will immediately notify the Company in writing (1) palette the Strucumc(s) being swmumlly modified, slated crathemiss changed. (2) priorto
tificide being applied on or close to the location of any Station, (3) ifsoil is removed or added=and Me foundation of the SWmure(s) or (4) any tampering of
quipment or supplies occur. Failure to notify Me Company in writing of any event listed above may void Me Agreement. Additional services required by my
alteration or other such event may be provided by Me Company at Customers expense, and may require an adjustment in the renewal fee.
VII. DAMAGE RELATED TO SERVICES. The Company will exercise due care while performing services hereunder to attempt to avoid damaging soy part
notes property, plans or animals. Under no chcumsmmces will the Company be responsible for damage caused by the Company at the time the_workis
to, except those damages resulting from gross negligence of Me Company. Customer is responsible, at Customers sole expense, for refurbishing Customers
Section VIII. REPAIR AND RETREATMENT OBLIGATION. Customer inidals . Subject m Me general terms and conditions oftha Agreement, if an
infsatmon of subterranean termites accurs in Me treated stracture(s) during the tern of this Agreement, Me Company will cement Me area of infestation at no additional
charge. to addition, subject to Ne general toms and conditions of this Agreement, the Company will repair, at its cost, new tssroite damage to Mc treated shuchm(e).
The Company's tool liability will not exceed in any am calendar year the lesser of (f) S200,o00 or (ii) the fair market value of the canted stmcmre(s), nor exceed
$ 1,000,000 M the eBgei a over Me reran of the Agreement, including extensions and senswaa.
1. Customer expressly waives any claim fro economic, compensatory, or consequential damages relating to the existence of Subtessmean temdtes or Subturromm
termice damage, or for increased casts, loss of use, busm ass interruption, diminution of value, or my "stigma" damage due to Me presence of Summonses termites or
Subtermvsan termite damage. The Customer acknowledges that the Company is performing a service and except for termite damage repairs set forth above and my
damage to the moment, mused by she Company in the performance of its services, Customer waives my claim for property damage, and agrees that under no
ciumn m en shall Company be held liable for my amount greater Man Masterson paid by the Customer to Company, for the termite service to be performed.
2. Dan to smbtesraveav termUe halls, termim activity may Mariana an be proem Is a structure for a period of flue following treatment. The Company b not
rcapansible far repair of subterranean termite damage Net secure before the repair parHm of the warranty become eRcetice.
3. a CompmYs obligation to repair trnnim damage will became effective upon Me earlier of (i) elimination ofthe colony or colonic locazed on or about Me Service
A dress or (ii) Me first amlversary of the luallazion of Me Sections. Colony etiminana. shall be deemed to incur who, following two comseoutive months oftermites
fe ding on Recruit temim bvit a ave or mart ermie bait sationa located nt the Service Address, Me Company's tahvician is unable to locum, foe a period of Uure
p nveuc anne iamthe Service Address, anyllve ennites toany of the I-- bait satiom lowtedazMe Service Address.lfnew damage, as evidevrd by Ne
p once of live trnniw, occurs while Its
Co.
obligation to repair iterate damage is in force, following wrtten nonficanan from Customer and an inspector by
th Company, Me Company agrees to re re Man Qrsbass for Me reasonable met of Me repairs, but oNy m Me utevt Mat the taml rasonable cos[ of such repairs is
provisions of this Section VIIIA, Customer will be entitled to select the contractor who will perform the needed repaint to Me toned
g into a nomad with a connector, Customer agrees to provide the Company a copy of the proposed correct ce write. bid. If Me Company
:essive, Customer agrees to grant access to the treated Moments) to a contractor designated by the Company for the purpose of obtaining a
cases where Mere are multiple bids for repair work, Customer acknowledges that the Company reserves Me right w select Me connector to
5. [The Company is not responsible for the repair of either visible damage (nosed an Me attached inspection graph) or hidden damage existing as of the date of this
Agreement. The Company does not guarentee that the damage disclosed m the amoed Inspection graph represents all of Me existing damage as of the date of this
Agreement. The Company wild not be responsible for (1) any damage movetl by termim to Me treated structures) or the contents thereof arising prior to or
following Me term of this Agreement or (2) any costs or expenses Incurred by Customer as a revolt of any sucb damage. Customer weaves all claims for
damage to Me property or people that may result directly or Indirectly fears services provided by Me Company, with the sole exception of claims for damages
due to the gross negligence of the Company and/or Its employees.
Section IX PAYMENT. The Company's obligation to perform under this Agreement is conditioned upon Customers payment in full of Me price set forth in Section II
above. Customers Mllere to pay such price in full will cause this Agreement to automatically and immediately temimxte in its entirety and Me Company will be
discharged of all liability. AD amome, paid if any, will become the property of the Company as liquidated damages hereunder. The installation fee is due and payable
at the time of the initial service. The renewal fec is due and payable upon receipt of invoice. invoices shut me act paid within thirty (30) days of the invoice dam will
accrue interest on Me unpaid balance at a rate equal to Me lesser of IS%Per month (I8%per year) or the maximum rate allowed by law. in Me event that legal action is
necessary to collat my amount due Me Company, the Company will be entitled to recover from Customer all mats of mllsetion, including reasonable attorneys• fens,
Seetlna X. TERM. Unless otherwise specifically provided herder the parties since that the initial ere of this Agreement will be for twelve (12) months and will be
automatically renawM on m ennial baza, for an additional twelve (12) month period, for a maximum of fore (4) edditrcval Iw<Ive (I2) month periods, following Me
initial rem upon payment by Customerofthe fro indiwed'n Secfiov R.B. ofthis Agreement (subject to adjus=tot m provided in this subsection), unless either party
camels by givwB Ma oiherparty written nonce nt (east thirty (30) days prior to the end of Mc Men emrent term This Agreement may be mrmivated by the Company or
b Customer, n my nee following Me mitwl tent upon written notice to the other party set least thirty (30) days prim to such etmi=lion. At Me and afthaz five (5)
y period Ne service may be renewed emuully with Me mutnal covseot ofboM parries, red, Mertafla, dWa party may terminate Ne smite with wrinev notice et
1 t Mlty (30) days poor to the end of Me Men curet temp The Company teurvm Me tight to ivereax Me price of service. This Agreement may be IcminatM by
Section XI. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO TNISfREEMENTORANY OTNER
A REEMENT BETWEEN TAE PARTIES, INCLUDING BUT NOT LBSITED TO ANY TORTANDSTATUTORY ANYCLABHSFOR
PRSONALIN.IURVOR PROPERTY DAMAGE, SHALL BE SETTLED BY BINDINGARBITRATION. SSPARTIESAGREERWISE, TAE ARBTRATON SHAi,L BE ADMINISTEREDER THE COMhIERC1AL RULESOFTIONASOCLITION ("AM") OR IP APPLICABLE, IT EAALL BE DETERMINED UNDER THE AAA PROCEDUFOR CONSUMER-RLATD
DfSPUTES THE PARTIES EXPRESSLY AGREE THAT TAET0 SHALL FOLLOW TAEUBTVE'LAW, INCLUDING THE
TERMB AND CONDITIONS OF TAIS AGREEMENT, AND THAT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WR.L NOT HE
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 ACI•ION OR SIMILAR REPRESENTATIVE
ACTION. EITHER PARTY HAS ME 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 ARBITRATORIS) SHALL RE
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 TRUJUNAI. THE APPEALING PARTY SHALL BE RESPONSIBLE FOR ALL APPELLATE
ARBRAATOR(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
HY THE FEDERAL ARBITRATION ACT.
Section XII. CHEMICAL SENSITTVITY OR SPECIAL HEALTH CONDITION'S. If Customer believes that Customer or other occupants of the treated structure
are or may (A) be sensitive to pesticidealtesmmaides or their odors or (B) have other health conditions that may be affected by pesticidea4 miticides or their odors,
Company recontnnenda shot you not have an initial or a subsequent service performed at your premises until you have consoled with your family physician. At you
request, Company will provide information about the chemicals to be used in treating Me premises. By retraining the treatment. Customer assumes Me risk and waives
yam request, the Company will provide information about the chemicals to
XIIL ASSIGNABILITT. This Agreement la tressfemble to a new owner of Me property located a the Service Address provided that the new owner of Me
r raters into en installation and monitoring agreement with Me Company. The Company reserves me right to charge a catcall. fee, adjust Me annual renewal
1 change the terms ofthe Company's Obligations under this Agreement upon My each haunter. Upon the closing of the sale ofthe property lowed at the Service
this Agreement will terminate.
MY. ENTIRE AGREEMENT AND SEVERABILITY. This Agescmmt and the muched graph constitute the satins agreement between Me parties.
ter expressly wammts and represents that. M entaiog this Agreement, Customer is not relying on My promise, agreement or statemm4 wbether coal or writled,
of expressly and fully set forth in this Agreement. If my part of this Agreement is held to be invalid or =enforceable for my reason, Me remaining terms and
cos of Ihs Agrecmmt will remain in f.0 force and effect The terms of Me Ageement stated herein may not be amended or altered unless a written charge is
d and signed by a Corporate Officer of Company. No mine employees or agents of Company have authority to amend or alter my pm of this Agreement
d. however, Man as to the paragraph on ARBITRATION, if the sentence precluding the arbitmmr from conducting an arbitration proceeding es a class,
native or private momry general action is found to be invalid or menforeeable Men Me =tirety of the ARBITRATION paragraph shall be deermd to be
from this Ageemme
Smmime, stamen W Beimbe art registered ead®rrks o[DowA ocide tees I.I.C. (J29B65YIU Jll3
0 H.T.Par Befemc Inc 20O