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A. Service Commitment. American Pest (the “Company”) will, in compliance with all applicable federal, state, and local laws, rules, and regulations, and all applicable recommendations contained in literature provided by Dow AgroSciences:
1. Install Sentricon® System termite bait stations (the “Stations”) in the soil around the outside perimeter of the structures specified above (the “Structures”);
2. Inspect and service those Stations according to the label directions for the term of this agreement;
3. Replenish Recruit®HD termite as appropriate;
4. Inform the Customer of:
4. A. Any new or increased termite activity noted at the Stations;
4. B. Any replenishment of Recruit HD termite bait; and
4. C. Any observed effect of the Sentricon Termite Colony Elimination System (the “Sentricon System”) on termite
B. Customer Understanding of Performance of the Sentricon System. The Customer understands that:
1. The Sentricon System involves initial installation, servicing and colony elimination with Recruit HD termite bait for continuous termite protection.
2. The active ingredient in Recruit HD bait used in the Sentricon System is an insect growth regulator (noviflumuron) which prevents worker termites from molting and disrupts termite reproduction, which leads to termite colony elimination.
3. Recruit HD bait and the active ingredient (noviflumuron) is always present in the Sentricon System with Always Active technology and is immediately available in all of the stations that are installed on the Customer’s property.
4. Intervals of from a few weeks to several months should be expected between:
4. A. Installation of the Sentricon System Stations and sufficient termite activity to allow consumption of Recruit termite bait; and
4. B. Complete elimination of the termite colony.
5. Recruit HD termite bait, used in the Sentricon System with Always Active technology, meets the S.EPA criteria of Toxicity Category IV by all routes of exposure. As such, no signal word is required on the Recruit HD label.
6. During the interval(s) between installation of the Sentricon System Stations and complete elimination of existing termite colonies, termite feeding within the Structure, possibly involving additional structural damage, should be expected to occur. Additional services, such as spot applications of conventional termiticides, are available to combat termite activity on a localized, short-term basis, if desired, but are not needed for, and will not contribute to, termite colony elimination.
C. Dow AgroSciences Ownership of Sentricon System Components. The Customer also understands that:
1. All of the components of the Sentricon System (“Components”) are and will remain the property of Dow The Customer has no rights to any of the Components, other than the right to their use as installed by the Company on the Customer’s premises under this Agreement.
2. On expiration or termination of this Agreement, the Company and Dow AgroSciences or its representative are authorized by the Customer to retrieve from the Customer’s premises the Stations and other Components contained therein for appropriate The Company and Dow AgroSciences reserves the right to pursue to the fullest its legal rights relating to the use and adverse possession of the Sentricon System Components.
3. If the Company, for whatever reason, ceases to represent or to be authorized to represent the Sentricon System,
3. A. The Company will:
i. So notify the Customer;
ii. Offer the Customer the alternatives of either using a different form of termite protection or discontinuing this relationship (NOTE: Conventional “liquid barrier” methods of termite control may not offer an effective means of controlling certain termite infestations of certain structures. In such event the Company may not be able to offer a different form of termite protection, and therefore may have to discontinue the relationship);
iii. If the Customer and the Company (the “Parties”) agree on use of a different form of termite protection, give the Customer credit for service paid for but not yet received;
iv. If the Customer elects to discontinue the relationship, or if the Company cannot offer an effective different form of termite protection, refund to the Customer an amount equal to the fee paid for services not yet received; and
v. Retrieve, or advise Dow AgroSciences or its representative where to retrieve, the Components from the Customer’s premises; and
3. B. The Customer will:
i. Grant the Company and Dow AgroSciences or its representative reasonable access to the premises for the retrieval of the Components; and
ii. Either agree with the Company on the use of a different form of termite control or elect to discontinue this relationship.
D. Customer Commitment as to Conditions Conducive to Infestation. The Customer warrants full cooperation with the Company during the term of this Agreement and agrees to maintain the area(s) baited free from any factors contributing to infestation such as wood, trash, lumber, direct wood-soil contact, standing water under pier type structure, or as noted below in Paragraph in “Special or Additional Comments.” The Customer also agrees to notify the Company of and to eliminate faulty plumbing; leaks; dampness from drains; condensation or leaks from the roof or otherwise into, onto, or under the area(s) baited. At no time will damage caused to any portion of the Structure(s), even by an active wood destroying insect infestation, be the responsibility of the Company in areas where any of the conditions described in this Paragraph exist. Failure of the Company to alert the Customer to any of the above conditions does not alter the Customer’s responsibility under this Paragraph.
E. Interference. The Customer agrees to not take any action that would interfere with the operation of the Sentricon System, including, but not limited to, removing any Sentricon stations because this will interfere with the effective operation of the Sentricon System.
F. Additions, Alterations, and Other This agreement covers the Structure(s)identified herein as of the date of the initial installation. Prior to (a) the Structure(s)being structurally modified, altered or otherwise changed, or (b) to any termiticide being applied on or close to the location of any Station, or if (c) soil is removed or added around the foundations, or(d) any tampering with baiting Components occurs, the Customer will immediately notify the company in writing. Failure to notify the company in writing of the events listed above may void this Agreement. Additional services because of any addition, alteration, or other such event may be provided by the Company at the Customer’s expense, and may require an adjustment in the annual fee.
G. Damage Related to Services. The Company will exercise due care while performing any work hereunder to try to avoid damaging any part of the Customer’s property, plants or Under no circumstances or conditions shall the Company be responsible for damage caused by the Company at the time the work is performed except those damages resulting from gross negligence on the part of the Company.
H. Damage Caused By Insects. Unless the Customer purchases and the Company issues a separate Property Protection Warranty, the Company shall not be responsible for (1) any past, present, or future damage to the Structure(s)or its contents caused by wood- destroying insects, or (2) any costs or expenses incurred by the Customer as a result of any such damage.
I. Customer’s Payment Obligation. The obligation of the Company under this Agreement is conditioned upon payment in full of the Agreement price as set forth above and failure to pay the same in full shall cancel this Agreement in its entirety and discharge the Company of any and all liability and any amount paid shall become the property of the Company as liquidated damages hereunder unless the Maryland Department of Agriculture (Insert name of appropriate state authority) determines the Company has failed to treat according to the applicable rules and regulations. Liability of the Company is limited to the life of the Agreement and any renewal thereof.
J. Special Comments or Additions.
J. 1. While every precaution will be taken, American Pest cannot be held responsible for damage to any sub-soil piping, cable, or conduit. Please inform your sales representative of any Suspected or known underground piping, cable, or conduit and mark its location before installation.
J. 2. Warranty: This agreement only covers Sentricon Installation and Maintenance. This is not a damage warranty. Any repairs or structural changes that may be needed now, or in the future, are not covered by this It is our professional recommendation that any damage resulting from termites be Evaluated by a qualified building expert and that needed repairs be made. The purchaser expressly releases this company from obligations to repair any damage caused by an infestation of termites.
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