Guarantees – Current Terms and General Conditions
This contract between U.S. PEST PROTECTION and Customer covers only the primary structure listed on the front of this document. No fences, detached garages, out-buildings, decks or other buildings or construction at the above address are covered by this Contract unless specified in writing. This structure will be treated below first floor level only for Eastern Subterranean Termites (Reticulitermes). NOTE: All references to termites in this agreement apply only to native Eastern Subterranean Termites. This Contract does not provide protection from or coverage for any other wood destroying organism, insect or any pest, including, but not limited to, Formosan termites. 1. SELECTION OF TREATMENT – U.S. PEST PROTECTION agrees to apply a standard stand-alone treatment of a liquid termiticide to the structure(s) listed on the reverse. Such treatment will be in accordance with the directions of the manufacturers of the chemicals, EPA approved labels and the requirements of federal and state laws and regulations. 2. PERFORMING THE WORK – U.S. PEST PROTECTION agrees to perform in a workman-like manner. U.S. PEST PROTECTION will exercise reasonable care while performing any work hereunder to try to avoid damaging any part of the structure(s) plants or animals. U.S. PEST PROTECTION shall not be responsible for any damage caused by circumstances beyond U.S. PEST PROTECTION control at the time the work is performed. 3. RENEWAL INSPECTION – Customer warrants that all area accessible to inspection at the time of inception of the contract will remain accessible for re-inspection and U.S. PEST PROTECTION will not be required to open walls, remove floor coverings or move furniture to obtain access. the inspection will be readily accessible areas. U.S. PEST PROTECTION will not open walls, remove floor coverings or move furniture. This Contract will renew on an annual basis unless either party gives notice in writing, at least thirty (30) days prior to the anniversary date, of its election not to renew the Contract. U.S. PEST PROTECTION reserves the right to adjust the renewal fee annually. Customer shall have the right to terminate this Contract, notwithstanding the thirty (30) day notice requirement, upon receipt of U.S. PEST PROTECTION’S notice of increase in fees. 4. CONDITIONS CONDUCIVE TO INFESTATION – Customer warrants full cooperation with U.S. PEST PROTECTION during the term of this Contract, and agrees to maintain the treated area(s) (rec from any factors contributing to infestation, such as wood, trash. lumber, direct wood-soil contact or standing water under pier type structure(s).Customer also agrees to notify U.S. PEST PROTECTION of and to eliminate faulty plumbing, leaks, and dampness from drains. condensation or leaks from the roof or otherwise into, onto, or under said area(s) treated. U.S. PEST PROTECTION is not responsible for any damage caused to the structure(s) treated as a result of any said conditions. U.S. PEST PROTECTION reserves the right to terminate this Contract if Customer fails to correct any condition. Including, but not limited to the conditions listed above, which contribute or may contribute to a possible infestation. U.S. PEST PROTECTION is not responsible for any damage caused to the structure(s) treated as a result of any said conditions. U.S. PEST PROTECTION shall be released from any further obligation under the Contract upon notice of termination to Customer. Failure of U.S. PEST PROTECTION to note herein any of the above conditions to Customer docs not alter Customer’s responsibility under this paragraph, or waive U.S. PEST PROTECTION’S right to terminate this Contract. 5. ADDITIONS OR ALTERATIONS – This Contract covers the structure(s) identified above as of the date of the initial treatment. Prior to the structure(s) being structurally modified, altered or otherwise changed, or if soil is removed or added around the foundation, Customer will immediately notify U.S.PEST PROTECTION in writing. Such additions may result in the need for additional treatment of the premises. U.S. PEST PROTECTION reserves the right to terminate this Contract if Customer fails to notify U.S. PEST PROTECTION of any modification, alteration or change to any structure(s) or soil around the foundation of any structure(s). Additional services because of any addition or alteration shall be provided by U.S. PEST PROTECTION at Customer’s expense, and may require an adjustment in the annual renewal fee at the option of U.S. PEST PROTECTION. 6. CHANGE IN LAW – This Contract shall be interpreted, regulated and adjudicated in accordance with applicable federal, state and local laws and regulations as they exist at the time this Contract is executed. Should any federal, state or local law or regulation change regarding U.S. PEST PROTECTION services or treatment, U.S. PEST PROTECTION is authorized to take whatever steps are necessary to be in compliance with said laws. 7. NON-PAYMENT – Customer agrees to pay U.S. PEST PROTECTION’S invoices upon receipt. U.S. PEST PROTECTION reserves the right to terminate this Contract if payment is not received within thirty (30) days of the date of invoice. In the event legal action is necessary to collect any amount owed to U.S. PEST PROTECTION, U.S. PEST PROTECTION shall be entitled to recover from Customer all reasonable costs of collection, including reasonable attorney’s fees and expenses, in add it ion to any outstanding amounts owed to U.S. PEST PROTECTION. 8. EXISTING DAMAG E – U.S. PEST PROTECTION is not responsible for the repair of either visible damage (noted on attached diagram) or of hidden damage existing as of the date of this Contract. The attached diagram covers only those areas that were visible, accessible and unobstructed at the time of inspection and does not cover areas such as, but not limited to, those that are enclosed or inaccessible, areas concealed by wall coverings, floor coverings, ceilings, furniture, equipment, appliances, stored articles, or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure. Because damage may be present in areas which arc inaccessible to a visual inspection. U.S. PEST PROTECTION does not guarantee that the damage disclosed on the attached diagram represents all of the existing damage as of the date of this Contract. The Diagram is not to scale. 9. DAMAGE – U.S. PEST PROTECTION shall not be responsible for (1) any past or existing damage to the structure(s) or its contents at the date of this Contract caused by wood -destroying organisms or insects, whether visible or hidden, at the time of inception of this contract or (2) any costs or expenses incurred by Customer as a result of such damage, or (3) any damage caused by or related to any of the conditions described in Paragraph 4. If at any time during the term of this Contract, Eastern Subterranean Termites appear and infest this structure(s). U.S. PEST PROTECTION agrees to repair any and all new termite damage to the treated structure(s) (i.e., damage where live termites are found by a U.S. PEST PROTECTION representative) at the expense and direction of U.S. PEST PROTECTION with the total repair and retreatment obligation to U.S. PEST PROTECTION limited to $100,000.00. U.S. PEST PROTECTION ‘S obligation to perform under this paragraph shall arise only if all the conditions herein are met. U.S. PEST PROTECTION WILL NOT REPAIR ANY HIDDEN TERMITE DAMAGE DISCOVERED AFTER CONTRACT DATE UNLESS LIVE ACTIVE INFESTATION IS FOUND. U.S. PEST PROTECTION will not repair any existing termite damage identified on the diagram attached hereto. 10. NOTICE OF CLAIMS, ACCESS TO PROPERTY – Any claim under the terms of the Contract must be made immediately in writing to U.S. PEST PROTECTION, but In no event more than (30) thirty days after damage or termite infestation is evident. U.S. PEST PROTECTION is only obligated to perform under this Contract if the Customer allows U.S. PEST PROTECTION access to the identified structure(s) for any purpose contemplated by the Contract, including but not limited to re-inspection, whether the inspection was requested or considered necessary by the Customer or required by the Contract and requested or considered necessary by U.S. PEST PROTECTION. 11. DISCLAIMER – A. U.S. PEST PROTECTION’S liability under this Contract will be terminated if U.S. PEST PROTECTION is prevented from fulfilling its responsibilities under the terms of this Contract by circumstances or causes beyond the control of U.S. PEST PROTECTION. B. This Contract specifically excludes protection from Formosan Termites. This Contract only provides protection for Eastern Subterranean Termites (Reticulitcnucs). C. U.S. PEST PROTECTION disclaims any liability for special, incidental or consequential damage. THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT THOSE SPECIFICALLY STATED HEREIN. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 12. BINDING ARBITRATION – In the event of a dispute between U.S. PEST PROTECTION and/or its employees and Customer arising out of or relating to this Contract, including but not limited to the interpretation of the terms and conditions of this Contract, the making of the Contract, or breach of any provision of this Contract, the parties hereby expressly agree to submit their dispute to binding arbitration for resolution in accordance with the rules and requirements of the American Arbitration Association. The parties acknowledge and understand that by agreeing to submit their dispute to binding arbitration they are effectively waiving their right to trial by jury as a means of resolving disputes. Furthermore, the parties acknowledge that they desire to arbitrate any dispute arising from this Contract in an effort to resolve such dispute(s) quickly and to avoid litigation. Judgment upon such arbitration award may be entered in any court having jurisdiction. 13. TRANSFERABILITY- This Contract may be transferred to a new purchaser once the property has been sold. It will be the responsibility of the current homeowner to inform U.S. PEST PROTECTION of the property transfer. The expiration date remains the same as under the original contract, and payment of a renewal fee as established by U.S. PEST PROTECTION. 14. TERMINATION – U.S. PEST PROTECTION’S liability under this Contract shall be terminated and U.S. PEST PROTECTION will be excused from the performance of any obligations under this Contract should U.S. PEST PROTECTION be prevented or delayed from fulfilling its responsibilities under the terms of this Contract by reasons or circumstances reasonably beyond its control , including, but not limited to, acts of war, whether declared or undeclared , acts of any duly constituted government authority, strikes, acts of God or providence, or failure of Customer to allow U.S. PEST PROTECTION access to the structure(s) for the purpose of re-inspecting or carrying out the terms and conditions of this Contract. 15. SEVERABILITY – If any part of this Contract is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Contract shall remain in full force and effect. 16. SPECIFIC EXCLUSIONS – The Contract does not cover and U.S. PEST PROTECTION will not be responsible for: Fungi, if inaccessible for inspection by U.S. PEST PROTECTION on interior or exterior foundation walls in such a way as to provide termites or moisture with hidden or protected access to the structure. 17. CHEMICAL SENSITIVITY – If Customer or other occupants of the structure(s) or adjacent buildings believe they are or may be sensitive to pesticides/termiticides or their odors. Customer must notify U.S. PEST PROTECTION in writing, in advance of treatment, including whether Customer or other occupants have consulted with a medical doctor or other healthcare provider regarding such sensitivity. U.S. PEST PROTECTION reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide notification represents Customer’s assumption of risk and waiver of any claims against U.S. PEST PROTECTION in connection with such sensitivity. 18. ENTIRE AGREEMENT – This constitutes the entire agreement between parties; there are no conditions, covenants, contingencies, or terms not reduced to writing and expressly stated herein. 19. EASTERN SUBTERRANEAN TERMITES LIFETIME REPAIR GUARANTEE – US Pest Protection Inc. will, at no extra cost to buyer, make such repairs to the structure and contents to remedy any new damage caused by Eastern Subterranean Termites, provided that it is established that said new damage was caused by Eastern Subterranean Termites after the date of initial treatment and at the time of discovery the new damaged areas are infested with live Eastern Subterranean Termites. US Pest Protection will be responsible for such repairs only when made with US Pest Protection’s approval and under US Pest Protection’s supervision and control. US Pest Protection’s liability for such repairs shall in no event exceed $100,000 aggregate loss and is limited to structural and contents damage. 20. EASTERN SUBTERRANEAN LIFETIME CONTROL GUARANTEE – US Pest Protection, Inc. will, at no extra cost to the buyer, apply additional treatment reasonably necessary to the structure if live infestation of Eastern Subterranean Termites are found therein during the period of the guarantee. The buyer further understands that US Pest Protection, Inc’s liability under this guarantee is limited to re-treatment only and in no way, implied or otherwise, is responsible for damages or repairs to the structure or contents. 21. ENCLOSED CRAWLSPACE CONTROL GUARANTEE – US Pest Protection, Inc. will reapply chemical treatment to the understructure of the premises of the crawl space and will issue a control guarantee which will, at no extra cost, provide for such additional treatment of the treated areas and/or replacement of portions of the moisture barrier as are necessary to prevent recurrence of fungus or decay during the period the guarantee is in force. US Pest Protection will provide periodic inspections and equipment maintenance as are required to maintain manufacturer warranties. Material and equipment including but not limited to moisture barriers, sealants, dehumidifiers, or other products used to prevent, wood destroying fungus shall be repaired or replaced as long as the original renewal agreement is in effect. The purchaser understand US Pest Protections Inc’s liability under this agreement is limited to re-treatment and equipment/material repair or replacement and in no way, implied or otherwise, is responsible for damages or repairs to the structure or contents so long as renewal is paid timely and annually within thirty (30) days of renewal due date. This warranty is transferable. ENCLOSED CRAWLSPACE NON-WARRANTY ONE-TIME INSTALLATION – US Pest Protection, Inc. will provide a one-time installation of all materials, equipment and products necessary to treat the understructure of the premises for wood destroying fungus and provide all applicable equipment for moisture control. The purchaser understands that US Pest Protection, Inc. is in no way, implied or otherwise, responsible for damages or repairs to the structure or contents. THIS AGREEMENT IS VOID WITHOUT AN ATTACHED COMPLETED DIAGRAM OF THE STRUCTURE. New additions or changes to the structure which create a new moisture hazard must be encapsulated at owner’s expense to keep this guarantee in force. This guarantee does not include wood destroying insects. If property shown above is sold, this guarantee is transferable to the new owner at no expense to either party.