Bug Busters Termite Service Agreement
Does not cover Formosans or Dry Wood Termites
THIS AGREEMENT PROVIDES FOR RETREATMENT OF A STRUCTURE BUT DOES NOT PROVIDE FOR THE REPAIR OF DAMAGES CAUSED BY WOOD DESTROYING ORGANISMS.
THE REMOVAL OF THE BAIT OR BAITING SYSTEM WILL RESULT IN A LACK OF TERMITE PROTECTION.
This agreement provides for retreatment of a structure caused by wood destroying organisms within the limits stated in this agreement.
Electronic Communication Acknowledgement Statement in accordance with state regulations, pest control companies have a responsibility to provide you with a record every time a pesticide product and/or pest system is applied. This record is required to be provided to the property owner, resident, or custodian of the property. This record may include post-application precautionary information. Licensed and regulated by the Georgia Department of Agriculture 19 Martin Luther King Jr. Drive Atlanta, Georgia 30334 (404) 656-3641. I understand and request that my pesticide use records be provided and available to me electronically.
By signing this agreement, I agree to receive recurring automated marketing text messages at the phone number provided. I may opt out at any time by texting STOP. Consent is not a condition to purchase. Msg and data rates may apply. Msg frequency varies. You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
During the term of the agreement, Bug Busters, Inc. will:
•Install the Bug Busters, Inc. Termite Baiting System
•Add termite bait to, and remove it from, the Bug Busters, Inc. System as appropriate.
Control is anticipated to occur within 6 to 24 months from commencement of the program, depending on geographical location, weather and/or other factors. During this period before control is achieved new damage from subterranean termite infestation may occur.
2.CONTINUING PROTECTION
Bug Busters, Inc. will extend service to the Purchaser for so long as Purchaser may own the property as long as the Purchaser continues with the monthly payment.
3.MONITORING FEE PRICE AND CONTINUING PAYMENT STRUCTURE:
In order to maintain this Agreement and the service, the customer shall pay the agreed upon Monthly Monitoring Fee.
Thereafter, for the service period, Bug Busters, Inc shall have the right to increase the Monthly Monitoring Fee by an amount not to exceed the consumer price index or ten percent (10%), whichever is greater. If Bug Busters, Inc does not increase the Monthly Monitoring Fee in any one or more years, at any subsequent increase Bug Busters, Inc may cumulatively include any amount it would have been permitted to increase in that prior year or period of years. Payment in full is due the date service begins. If payment has not been received by Bug Busters, Inc. for service by the next monthly monitoring fee, then any unpaid charges will then be placed on an approved credit card.
If delinquent, Customer AGREES to pay Finance Charges of 1 ½ % per month, or an annual percentage rate of 18% applied to any unpaid balance, including prior interest. Further, there is a minimum late charge of $5.00 per month applied after thirty (30) days. If payment in full is not received within thirty (30) days, Bug Busters, Inc., at its option, may employ an attorney to aid it in the collection of any unpaid balance. If Bug Busters, Inc., should employ an attorney, Customer AGREES to pay all reasonable attorney fees and costs. A $25.00 charge will be assessed on any checks returned from the bank.
EARLY TERMINATION: This is a twelve-month agreement that begins upon installation of the Termite Baiting System. The date of installation is also considered the service agreement anniversary date. In the event of an early termination, the customer is responsible for paying the balance of the agreed upon contract.
During the term of this Plan, any Termite Baiting System treatment found necessary by Bug Busters, Inc. will be performed free of charge, unless it is deemed that stations were removed by property owner or agents of the property owner a fee to replace said stations will be administered to said property owner. If a fumigation or spot termiticide treatment is deemed by Bug Busters, Inc. to be necessary to control an aerial (above ground) infestation, Purchaser shall first agree to make access to such aerial infestation and to pay the additional charge involved. Bug Busters, Inc. will inspect the Structures annually or at any time upon the request of Purchaser.
5.PURCHASER UNDERSTANDING OF PERFORMANCE OF THE BUG BUSTERS, INC. TERMITE BAITING SYSTEM
•The Bug Busters, Inc. Baiting System involves installation, an initial period of inspecting, control with termite bait, and subsequent inspecting for continuous protection from new termite activity.
•Intervals of from six to several months should be expected between:
a) installation of the Bug Busters, Inc. Baiting System and sufficient termite activity to allow addition of termite bait; and
b) addition of termite bait and control of the termite colony.
Therefore, total time from initial installation to control is expected to be from 6 to 24 months, depending upon geographical location, weather and/or other factors.
•Additional services such as spot applications of conventional termiticides are available for an additional fee to combat termite activity on a localized basis if desired but are not necessarily needed for termite control. In some circumstances the Bug Busters, Inc. Baiting System may not eliminate or control the termite colony. If after 24 months from commencement of the Bug Busters, Inc. Termite Baiting System, termite control has not been achieved, Bug Busters, Inc. may in its sole discretion propose treatment using conventional methods at no additional charge. In that case Purchaser may elect to continue with the Bug Busters, Inc. Baiting System (on the same terms and conditions) or the conventional treatment. If Purchaser chooses not to continue with the Bug Busters, Inc. Baiting System, this Agreement will terminate without further obligation of Bug Busters, Inc. If treatment using conventional methods of treatment is offered by Bug Busters, Inc. and elected by Purchaser then Purchaser must first execute a new written agreement in the form then in use by Bug Busters, Inc.
6. MISCELLANEOUS In the event of additions or alterations to the Structures, Purchaser must give prior written notice and arrange with Bug Busters, Inc. for additional service at the expense of Purchaser. Such additions or alterations may also require an adjustment to the annual extension charge. Upon transfer of ownership of the identified property, service may be continued upon the request of the new owner and upon payment of the agreement transfer fee of fifty dollars. In addition, Bug Busters, Inc. reserves the right to revise the annual extension charge upon transfer of ownership. In the event the new owner fails to request continuation of this Plan or does not agree to pay the transfer fee or the revised annual extension charge, this Plan will terminate automatically as of the date of the change of ownership. ANY ADDITIONAL PROVISIONS ATTACHED HERETO INCLUDING THE ARBITRATION AGREEMENT AND THE OTHER TERMS ON THE REVERSE SIDE AND THE INSPECTION GRAPH DATED, ARE PART OF THIS PLAN You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. By signing this agreement, I agree to receive recurring automated marketing text messages at the phone number provided. I may opt out at any time by texting STOP. Consent is not a condition to purchase. Msg and data rates may apply. Msg frequency varies. Electronic Communication Acknowledgement Statement in accordance with state regulations, pest control companies have a responsibility to provide you with a record every time a pesticide product and/or pest system is applied. This record is required to be provided to the property owner, resident, or custodian of the property. This record may include post-application precautionary information. Licensed and regulated by the Georgia Department of Agriculture 19 Martin Luther King Jr. Drive Atlanta, Georgia 30334 (404) 656-3641. I understand and request that my pesticide use records be provided and available to me electronically Customer’s Initials.
a. Any and all damage resulting from termites and/or any other wood destroying organisms except as specifically provided herein.
b. Moisture conditions, including but not limited to any types of fungal damage (fungal growth/Mold) and/or water leakage caused by faulty plumbing, roofs, gutters, downspouts, overgrown foliage and/or poor drainage.
c. Masonry failure, masonry sheeting/vapor barrier not installed, stucco below grade or grade alterations
d. Crawlspace encapsulation installation
e. Spray foam installation in/or around the structure, including attic, basement, and/or crawlspace.
f. Inherent structural problems, including but not limited to, wood to ground contacts and wood rot to structure.
g. Termites entering any rigid foam, stucco, wooden or cellulose containing component in contact with the earth and the Structures regardless of whether the component is a part of the Structures.
h. The failure of Purchaser upon notice from Bug Busters, Inc. to promptly cure at Purchaser’s expense any condition which prevents proper treatment or inspection or is conducive to termite infestation.
b. offer Purchaser the alternative of either using a different system of termite protection or control or discontinuing this Plan; and
c. retrieve the Components from Purchaser’s premises.
Bug Busters, Inc. is not responsible for the repair of either visible damage or hidden damage as of the date of this Agreement or occurring prior to the (this agreement is for retreat of said property this agreement does not cover repair of property). Because damage may be present in areas which are inaccessible to visual inspection, Bug Busters, Inc. does not guarantee that the damage disclosed on the inspection graph represents all of the existing damage as of the date of this Agreement.
2.FUTURE DAMAGE, LIMITATION OF LIABILITY
Under this agreement, Bug Busters, Inc. may not have treated the property with termiticide, and is not required to treat the property and is only obligated to provide further Bug Busters, Inc. Termite Baiting System treatment if deemed necessary by Bug Busters, Inc. In consideration of sums charged by Bug Busters, Inc. hereunder and as a liquidated damage and not as a penalty, and NOTWITHSTANDING ANY AGREEMENT, TORT OR OTHER CLAIM THAT BUG BUSTERS, INC. SHALL NOT HAVE PROPERLY PERFORMED ITS DUTIES TO PURCHASER, THE SOLE RESPONSIBILITY OF BUG BUSTERS, INC. IN THE EVENT OF A CLAIM SHALL BE TO PROVIDE FURTHER BUG BUSTERS, INC. BAITING SYSTEM TREATMENT FOUND NECESSARY BY BUG BUSTERS, INC. HEREIN. PURCHASER EXPRESSLY RELEASES BUG BUSTERS, INC. FROM, AND AGREES TO INDEMNIFY BUG BUSTERS, INC.WITH RESPECT TO ANY
OTHER OBLIGATION TO PURCHASER WHATSOEVER. Bug Busters, Inc. is not responsible for any repair or replacement of damage to the Structures. THIS PLAN DOES NOT GUARANTEE, AND BUG BUSTERS, INC. DOES NOT REPRESENT, THAT TERMITES WILL NOT RETURN.
3.CHEMICAL INFORMATION WARNING
Virtually all pesticides have some odor which may be present for a period of time after application. If you or any member of your household believes you have a sensitivity to chemical odor or chemicals, Bug Busters, Inc. recommends that you not have an initial or a subsequent service performed at your premises until you have consulted with your family physician. At your request, Bug Busters, Inc will provide information about the chemicals to be used in treating the premises.
4.WATER LEAKAGE AND/OR FLOODING OF SAID PROPERTY
Water leakage in interior areas or through the roof of exterior walls of the Structures is conducive to a new infestation. Purchaser is responsible for making timely repairs as necessary to stop the leakage. Purchaser’s failure to make timely repairs will terminate this Agreement automatically without further notice. Bug Busters, Inc. shall have no responsibility for retreatment with respect to water leakage. Shall flooding occur to said property it is the responsibility of property owners to report said flooding within 30 days so that a new installation occurs on property with new Termite Baiting System components. A fee for said treatment will be assessed at said time.
This agreement covers the Structures described on the Inspection Graph as of the date of the installation of the Bug Busters, Inc. Termite Baiting System. In the event the premises are structurally modified, altered, or otherwise changed, or if soil is removed or added around the foundation, or if Purchaser installs spray foam in the structure, or if Bug Busters, Inc. Termite Baiting System Stations are disturbed, Purchaser will notify Bug Busters, Inc. prior to such event and will purchase the additional treatment required by the changes incurred. Failure to do so will terminate this Agreement automatically without further notice. In the event of any such change, Bug Busters, Inc. reserves the right to adjust the annual extension charge. The failure of Bug Busters, Inc. to notify any such changes does not release Purchaser from the obligations set forth in this paragraph. Additionally, the installation of an encapsulated crawlspace will result in the void of the termite retreatment warranty.
6.NOTICE OF CLAIMS, ACCESS TO PROPERTY
Any claim arising out of or relating to this Agreement must be made to Bug Busters, Inc. during the term of this Agreement. The only obligations of Bug Busters, Inc. to Purchaser arising out of or relating to this Agreement are to (i) install, inspect and bait the Bug Busters, Inc. Termite Baiting System. Purchaser shall pay all the costs and expenses to Bug Busters, Inc. including, but not limited to, attorney’s fees relating to or arising out of such claim. Purchaser must allow Bug Busters, Inc. access to the Structures for any purpose contemplated by this Agreement, including but not limited to reinspection’s, whether the inspections were requested by the Purchaser or considered necessary by Bug Busters, Inc. The failure to allow Bug Busters, Inc. such access will terminate this Plan without further notice.
PROPERTY SIZE AND/OR CONDITION: If there is a discrepancy between the actual size of the property and what was quoted or indicated via electronic purchase, the purchase is subject to an increase in monthly billing to be discussed between the sales representative and the customer.
The liability of Bug Busters, Inc. under this agreement will be terminated if Bug Busters, Inc. is prevented from fulfilling its responsibilities under the terms of this Agreement by reason of delays in transportation, shortages of fuel and/or materials, strikes, embargos, fires, floods, quarantine restrictions, earthquakes, hurricanes, or any other act of God or circumstances or cause beyond the control of Bug Busters, Inc.
This Agreement provides for treatment and retreatment (using the Bug Busters, Inc. Termite Baiting System) for subterranean (ground) termites (Reticulitermes spp., Heterotermesspp.) only. This agreement does not provide any treatment for drywood termites (Kalotermes spp., Crypotermes spp.), aerial (above ground) infestations of any kind, Formosan termites (Coptotermes formosanus), beetles, wood destroying fungus or any other wood destroying organisms.
The Agreement does not cover and Bug Busters, Inc. will not be responsible for damage resulting from or services required for:
BUG BUSTERS, INC. DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR LOSS OF QUIET ENJOYMENT DAMAGES. THE OBLIGATIONS OF BUG BUSTERS, INC. TO PROVIDE FURTHER BUG BUSTERS, INC. HEREIN AND AS SPECIFICALLY STATED IN THE AGREEMENT ARE GIVEN IN LEIU OF OTHER OBLIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Bug Busters, Inc. performs its services in accordance with the requirements of federal, state, and local law. In the event of a change in existing law as it pertains to the services herein, Bug Busters, Inc. reserves the right to revise the annual extension charge or terminate this Agreement.
In case of default by the Purchaser, Bug Busters, Inc. has the right to terminate this Agreement.
This Termite Plan, these Terms and Conditions and the Inspection Graph constitute the entire Agreement between the parties and no other representations or statements will be binding upon the parties.
THE PURCHASER AND BUG BUSTERS, INC. AGREE THAT ALL MATTERS IN DISPUTE BETWEEN THEM, INCLUDING BUT NOT LIMITED TO ANY CONTROVERSY OR CLAIM BETWEEN THEM ARISING OUT OF OR RELATING TO THIS AGREEMENT, TO ANY WOOD DESTROYING INSECT REPORT WITH RESPECT TO THE STRUCTURES. ANY SERVICES PROVIDED BY BUG BUSTERS, INC. OR OTHERWISE TO THE STRUCTURE IN ANY WAY, WHETHER BY VIRTUE OF AGREEMENT, TORT OR OTHERWISE, SHALL BE SETTLED EXCLUSIVELY BY ARBITRATION. THE PARTIES ACKNOWLEDGE, AGREE AND UNDERSTAND THAT BY AGREEING TO MANDATORY ARBITRATION, THEY ARE FOREVER FORGOING THEIR RIGHT TO BRING THEIR CLAIM IN COURT AND TO HAVE THEIR DISPUTE DECIDED BY A JUDGE OR JURY. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules then in force of the American Arbitration Association. The arbitrator(s) shall be bound by rules of substantive law and shall not be bound by the rules of evidence, whether or not set out by statue, except for provisions relating to privileged communications. The arbitrator shall give effect to any and all waivers, releases, disclaimers, limitations and other terms and conditions of this Agreement. Therefore, the award shall not, and the arbitrator shall not have the power or authority to hold Bug Busters, Inc. responsible for (i) the repair or replacement of any termite damage to Structures, this agreement is a retreatment agreement. (ii) loss of anticipated rents and/or profits or loss of quiet enjoyment, (iii) punitive, exemplary or treble damages or (iv) attorney fees. Each party shall be responsible for paying any attorney’s fees, expert witness fees and other expenses it incurs on its behalf in connection with the arbitration, plus one-half the arbitrator’s fee and one half of any expenses incurred by the arbitrator, and the award shall assess the arbitrator’s fees and expenses accordingly. Any award of damages pursuant to such arbitration shall be included in a written decision which shall state the reasons upon which the award was based, including all elements involved in the calculation of any award of damages. The decision of the arbitrator shall be a final and binding resolution of the disagreement which may be entered as a judgement by any court of competent jurisdiction. Each party consents to the personal jurisdiction and venue of the courts arbitration provision or of the arbitrator’s decision and a party violating this provision shall pay the party’s costs, including but not limited to, attorney’s fees, with respect to such suit and the arbitration award shall so provide. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this agreement.
This Agreement is assignable by Purchaser to a new owner of the property for a period of one year from the effective date of this Agreement and thereafter, upon the written request of the Purchaser, and only in the sole discretion of Bug Busters, Inc. after its inspection of the property which consent, if given, shall be in writing signed by Bug Busters, Inc. and accepted in writing by Purchaser. Upon transfer of ownership of the identified property, service may be continued upon the request of the new owner and upon payment of the agreement transfer fee of fifty dollars. In addition, Bug Busters, Inc. reserves the right to revise the annual extension charge upon transfer of ownership. In the event the new owner fails to request continuation of this Plan or does not agree to pay the transfer fee or the revised annual extension charge, this Plan will terminate automatically as of the date of the change of ownership.
14.OWNERSHIP OF BUG BUSTERS, INC. TERMITE BAITING SYSTEM COMPONENTS
The Purchaser understands that all of the components of the Bug Busters, Inc. Termite Baiting System (“Components”) are and will remain the property of the manufacturer. The Purchaser has no ownership rights to any of the Components, other than the right to their use as installed by Bug Busters, Inc. under this Plan on the Structures. Upon the expiration or termination of the Plan, Bug Busters, Inc. or its authorized representatives are authorized by Purchaser to retrieve from Purchaser’s premises the System Stations and other Components contained therein for appropriate disposition. If Bug Busters, Inc. for whatever reason, ceases to use the Bug Busters, Inc. Termite Baiting System, Bug Busters, Inc. will:
a). so, notify Purchaser.
b). offer Purchaser the alternative of either using a different system of termite protection or control or discontinuing this Plan; and
c). retrieve the Components from Purchaser’s premises.
