Loading...
154 BEACH (159 OCEAN) BUG BLASTERS Beaver's Bug Blasters, LLC. P.O. Box 50367 Jacksonville, Florida 32240 (904) 242-2847 SERVICE AND$250,000 LIMITED REPAIR CONTRACT FOR TREATMENT OF SUBTERRANEAN TERMITES (EXCLUDES FORMOSAN AND ANY AERIAL INFESTATION BY TERMITES) THIS CONTRACT PROVIDES FOR THE RETREATMENT OF THE INFESTED AREAS OF THE COVERED STRUCTURES) AND THE REPAIR OF DAMAGE CAUSED BY NATIVE EASTERN SUBTERRANEAN TERMITES ONLY WITHIN THE LIMITS AS STATED WITHIN THIS CONTRACT DATE: ACCOUNT NO.: CUSTOMER CUSTOMER'S ADDRESS: j(� i r '� �,� , �✓ t WORK PHONE: HOME PHONE: TREATMENT ADDRESA l ✓ �°� 5 fd- STRUCTURE(S)TREATED: PURPOSE OF TREATMENT:-O Preventative(no visible infestation) ❑Existing(affected wood and live termites) ❑Presumptive(affected wood,but no live termites) GENERAL CONDITIONS This Contract between Beaver's Bug Blasters, LLC. (hereinafter "Beaver's" ), and Customer covers only the primary structure listed above.(No fences,detached garages,out-buildings,decks or other building or construction at the above address are covered unless specified in writing and shown on the diagram.)Note:All references to termites apply only to Native Eastern Subterranean Termites.This Contract only provides treatment for Native Eastern Subterranean Termites (genus Reticulitermes). This contract does not control or protect against Formosan Termites (Coptotermes Formosanus Shiraki) and any aerial (above ground) infestation of any kind, such as but not limited to, drywood,dampwood or formosan termites(Kalotemes,Incisitermes,Cryptotermes),carpenter ants,powder post beetles,or wood boring beetles. This Contract does not provide for protection from or treatment for any other wood destroying organism,insect or pest. For the sum of$ y 5'r 0 4 Beaver's will inspect and treat the identified structure(s)for a period of(1)one year and is effective ` through / / This contract maybe renewed annually after the first anniversary of the initial term herein and can be renewed for up to four (4) years thereafter, as specified in Paragraph 3 for an annual renewal fee of $ THIS CONTRACT IS VOID WITHOUT THE ATTACHED COMPLETED DIAGRAM OF THE STRUCTURE TREATED. PAYMENT TERMS:The initial contract price shall be payable as follows: .4 BEAVER'S AND CUSTOMER AGREE TO THE FOLLOWING TERMS AND CONDITIONS: 1. SELECTION OF TREATMENT.Beaver's agrees to apply a standard stand- Contract if Customer fails to correct any condition,including,but not limited to alone treatment of a liquid termiticide to the structure(s)listed above.Such treat- the conditions listed above,which contribute or may contribute to infestation, ment will be in accordance with the chemical manufacturer's instructions,U.S. and Beaver's will be released from any further obligation under the contract upon EPA approved labels and the requirements of federal and state laws and regula- notice of termination to Customer. Customer agrees that Beaver's will not he tions.Customer will cooperate with Beaver's as to the application of the liquid held responsible for any damage caused to the structure(s)treated as a result of termiticide.Customer will comply with ALL requirements of the manfacturer of any said conditions. The Customer must report any signs and/or evidence of the chemicals,as expressed on the labels of the chemicals,and federal and state termites or damage within fourteen(14)days of discovery of said infestation laws and regulations of which Customer is deemed to be on notice. and/or damage.Failure of Beaver's to notify Customer of any of the above con- t. PERFORMING THE WORK.Beaver's will perform the work in a work- ditions does not relieve Customer of responsibility under this paragraph,or waive Beaver's right to terminate this Contract. man-like manner.Beaver's will exercise reasonable care while performing any work hereunder to try to avoid damaging any part of the structure(s),plants or 5.ADDI'T'IONS ORALTERATIONS.This Contract covers only the structure(s) animals.Under no circumstance or conditions shall Beaver's be responsible for identified herein.Prior to the structure(s)being modified,altered or otherwise damage caused by Beaver's at the time the work is performed except those dam- changed,or removal or addition of soil around the foundation,the Customer will ages resulting from gross negligence on the part of Beaver's. notify Beaver's in writing.Such additions may result in the need for additional treatment of the premises.Beaver's reserves the right to terminate this Contract if 3. RENEWAL FEE&INSPECTION.Beaver's will perform a visual inspec- Customer fails to notify Beaver's of any modification,alteration or change to any tion of readily accessible areas of the structure(s)annually for a renewal fee of structure(s)or soil around the foundation of any structure(s).Additional services $ .Beaver's will not open walls,remove floor coverings because of any addition or alteration will be provided by Beaver's at the Customer's or move furniture.This Contract will renew on an annual basis for up to four(4) expense,and may require an adjustment in the annual renewal fee. years from the initial anniversary date,unless either party gives notice in writing, at least thirty(30)days prior to any annniversary date,of its election not to renew 6.CHANGE IN LAW. This Contract shall be interpreted,regulated and adjudi- the Contract.Customer may terminate this Contract,notwithstanding the thirty cated in accordance with applicable federal,state and local laws and regulations (30)day notice requirement,upon receipt of Beaver's notice of increase in fees. as they exist at the time this Contract is executed.Should any federal,state or However, if Customer does not cancel this Agreement by the required time local law or regulation be changed regarding Beaver's services or treatment, period by written notice,then this Agreement will automatically renew for an Beaver's may take whatever steps are necessary to comply with said laws. additional one(1)year period and the Customer shall be responsible for paying 7,NON-PAYMENT.The Customer will pay Beaver's invoices upon receipt. the renewal fee as set forth in this paragraph. Beaver's may terminate this Contract if payment is not received within thirty 4.CONDITIONS CONDUCIVE TO INFESTATION.The Customer will full (30)days of the date of invoice.In the event legal action is necessary to collect Y any amount due Beaver's,Beaver's shall be entitled to recover from Customer cooperate with Beaver's during the term of this Contract,and will maintain the all reasonable costs of collection,including reasonable attorney's fees and ex- area(s)treated free from any factors contributing to infestation,such as wood, penses,in addition to any outstanding amount due Beaver's.In addition,interest trash,lumber,direct wood-soil contact,cellulose debris,or standing water under at the rate of 1.5% monthly, 18% annually, will be assessed on any past due pier type structure. Customer will notify Beaver's of and eliminate faulty amounts owed by Customer until paid.This Contract and any extension of its plumbing,leaks,and dampness from drains,condensation or leaks from the roof term will be effective only upon payment of the charges as provided herein. or otherwise into,onto,or under the area(s)treated.Beaver's may terminate this By signing this Contract,I the customer,certify that I have read and fully understand the provisions on the front and back of this contract(specifically including the ARBITRATION CLAUSE contained in_paragraph 15 and SPECIFIC EXCLUSIONS contained in paragraph 16 on the reverse side) with all its terns and conditions without limitation,and it being Specifically understood that Beaver's Bug Blasters,LLC.and the undersigned are bound only by the terms and conditions of this Contract and not by any other representations oral or otherwise.The Customer may cancel this Contract at any time prior to midnight of the third(3rd)business day after execution of this Contract. Date Customer Date Customer(Printed) Date Beaver's Bug Blasters,LLC,Representative Representative name(Printed)&RT# ADDITIONAL TERMS AND CONDITIONS ON REVERSE SIDE 8. DAMAGE.Beaver's will not be responsible for(1) any past or existing strikes,acts of God,or refusal of Customer to allow Beaver's access to the termite damage to the structure(s)or its contents at the date of this Contract structure(s) for the purpose of reinspecting or carrying out the terms and caused by wood-destroying insects or organisms,including termites,whether conditions of this Contract. visible or hidden,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 15.BINDING ARBITRATION.In the event of a dispute between Beaver's conditions described in Paragraph 4 above. If at any time during the term of and/or its employees and Customer arising out of or relating to this Contract, this Contract, Native Eastern Subterranean Termites appear and infest the or to the identified property in any way,whether by virtue of contract,tort,or structure(s),Beaver's agrees to repair any and all new termite damage as re- otherwise, including but not limited to the interpretation of the terms and lated to the treated structure(s)(i.e.,damage where live termites are found by a conditions of this Contract, the making of the Contract,or breach of any Beaver's representative) at the expense and direction of Beaver's. THE provisions of this Contract,the parties hereby expressly agree to submit their TOTAL REPAIR OBLIGATION TO BEAVER'S IS LIMITED TO dispute to binding arbitration for resolution in accordance with the rules and $250,000.00.Beaver's obligation to perform under this paragraph shall arise requirements of the American Arbitration Association.The parties acknowl- only if all the conditions here in are met.BEAVER'S WILL NOT REPAIR edge and understand that by agreeing to submit their dispute to binding ANY DAMAGE DISCOVERED AFTER CONTRACT DATE UNLESS arbitration they are effectively waiving their right to trial by jury as a means of LIVE ACTIVE INFESTATION IS FOUND.Beaver's will not repair any resolving disputes.Furthermore,the parties acknowledge that they desire to existing damage identified on the diagram attached hereto.Because damage arbitrate any dispute arising from this agreement in an effort to resolve such may be present in areas which are inaccessible to visual inspection,Beaver's dispute(s) quickly and avoid the costs of litigation. Judgement upon such does not guarantee that the damage disclosed on the attached diagram repre- arbitration award may be entered in any court having jurisdiction.Each party sents all of the existing damage,whether visible or hidden,as of the date of shall be responsible for paying any attorney's fees,expert witness'fees and this contract.The diagram is not drawn to scale. other expenses it incurs on its behalf"'connection with the arbitration,plus one half of the arbitrator's fee and on*half of any expenses incurred by the 9.ENTIRE CONTRACT.This Contract,together with attachment(s),if any, arbitrator, and the award shall assess the arbitrator's fee and expenses constitutes the entire agreement between the parties.No other representation accordingly. or statements,whether oral or written,are binding upon the parties. 16.Specific Exclusions.The Contract does not cover and Beaver's will not be 10.NOTICE OF CLAIMS,ACCESS TO PROPERTY.Any claim under responsible for: the terms of the Contract must be made immediately in writing to Beaver's. Beaver's is only obligated to perform under this Contract if the Customer 1) Damage resulting from moisture conditions,including but not limited to allows Beaver's access to the identified structure for any purpose contemplated fungus,whether visible or not; by the Contract, including but not limited to reinspection, whether the 2) Damage resulting from wood in direct contact with the soil, whether inspection was requested or considered necessary by the Customer or required visible or not; by the contract and requested or considered necessary by Beaver's. 3) Damage resulting from stucco, synthetic stucco,EIFS and/or rigid foam board and/or expanded foam materials in contact with the soil and/or 11. SEVERABILITY. If any part of this Contract is held to be invalid or covering interior or exterior foundation walls in such a way as to provide unenforceable for any reason, the remaining terms and conditions of this termites with hidden or protected access to the structure,whether visible or Contract will]remain in full force and effect. not; 4) Damage resulting from masonry failure or grade alterations(s); 12.DISCLAIMER. Beaver's liability under this Contract will terminate if 5) Damage and/or treatment caused by infested wood and/or furniture Beaver's is prevented from fulfilling its responsibilities under this Contract by introduced into the structure after initial treatment; circumstances or causes beyond Beaver's control. Beaver's disclaims any 6) Personal expenses such as lodging,meals,transportation,etc.incurred as a liability for special,incidental or consequential damage.BEAVER'S MAKES result of treatment,re-treatment and/or damage repair. NO GUARANTEES OR WARRANTIES,EXPRESSED OR IMPLIED, EXCEPT THOSE SPECIFICALLY STATED HEREIN. BEAVER'S These specific exclusions are in addition to the other exclusions contained in EXPRESSLY DISCLAIMS ALL WARRANTEES OF this Contract. MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. The use of the word "will" in connection with an action by Beaver's or 17.OTHER LIMITATIONS.This Contract provides for treatment of Native Customer expresses a contractual obligation to perform such action and does Eastern Subterranean Termites(Reticulitermes)only,concerning the premises not constitute a warranty by either party regarding the performance of such shown on the Graph as of the date of treatment.This Contract specifically action. excludes Formosan Termites (Coptotermes Formosanus Shiraki), Non-Subterranean Termites (Kalotermitidae, Hodotermitadae, 13.TRANSFERABILITY. This Contract will terminate upon transfer of Rhinotermitidae) and other wood destroying insects and organisms,unless ownership of the described structure(s).However,Beaver's,at their discretion, specifically stated above. This plan does not control or protect against any may transfer the contract to a new purchaser provided the new purchaser signs aerial (above ground) infestation of any kind, such as but not limited to, a transfer addendum,as purchaser,and signs a graph showing the condition of drywood, dampwood or formosan termites (Kalotemes, Incisitermes, the structure(s)at transfer,pays a fee to cover administrative cost of transfer, Cryptotermes),carpenter ants,powder post beetles,or wood boring beetles. and pays a renewal fee as established by Beaver's. Upon transfer of this Contract to a new owner at the discretion of Beaver's, this Contract shall thereafter provide for the retreatment of the covered structure only,with no 18.CHEMICAL SENSITIVITY. If Customer or other occupants of the repair warranty being provided. structure(s), or adjacent buildings, believe they are or may be sensitive to pesticides/termicides or their odors,or if Customer or other occupants have 14.TERMINATION.Beaver's liability under this contract will terminate and consulted with a medical doctor,or other healthcare provider,regarding such Beaver's will be excused from the performance of any obligations under this sensitivity,Customer must notify Beaver's in writing,in advance of treatment Contract should Beaver's be prevented or delayed from fulfilling its of the structure(s). Beaver's reserves the right, upon receipt of such responsibilites under the terms of this Contract by reasons or circumstances notification,to deny or terminate service.Failure to provide such notification reasonably beyond its control,including but not limited to,acts of war,whether represents Customer's assumption of risk and waiver of any claims against declared or undeclared, acts of any duly constituted government authority, Beaver's in connection with such sensitivity.