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GENERAL TERMS AND CONDITIONS
<br />1. SPECIFIC EXCLUSIONS FOR RETREATMENT ONLY SERVICE: Unless the Retreatment and Repair option is selected on the front of this Agreement, Hulett Environmental
<br />Services (HES) is only obligated to retreat the Structure(s) if a live infestation of subterranean termites occurs following the initial treatment or service. Customer otherwise
<br />expressly waives and releases HES from any liability whatsoever for:
<br />a. Damage of ANY nature to the Structure(s) or its contents resulting from any species of subterranean termites, including Eastern, Formosan, Asian or West Indian
<br />subterranean termites, or any other insect, pest, mold, fungi or wood -destroying organism, including any of their respective aerial infestations;
<br />b. Damage and/or remedial treatments resulting from a disruptionof the liquid termiticide barrier or conditions conducive to subterranean termite infestation or the Termite
<br />Baiting System or from the introduction of infested wood and/or furniture into the Structure(s) following the initial service;
<br />C. Personal expenses or econom is damages such as lodging, meals, transportation, medical, gas, utilities, etc...; or reimbursement for loss of quiet enjoym ent, loss
<br />of use or diminution in value of the Structure(s); or any indirect, special, or consequential damages, including loss of anticipated or actual profits, income or business
<br />opportunities, which arose as a result of an infestation or damage caused by subterranean termites or any service provided by this Agreement;
<br />d. Attorney's fees of any kind, including those provided by any statute, including a Proposals for Settlement and Load Star Multiplier, and any state or federal rule or
<br />procedure, with the exception of prevailing party fees awarded as a result of any collection action addressed in NON-PAYMENT provision (Paragraph 13) below;
<br />e. Injury or death to any domestic pets or feral animals; and,
<br />f. Damage caused by HES to trees, shrubs, flowers, sprinkler systems or portions of Structure(s) that interfere with the services provided under this Agreement.
<br />These specific exclusions are in addition to any and all other exclusions, disclaimers, limitations, or conditions contained within thisAgreement.
<br />2. SPECIFIC EXCLUSIONS FOR RETREATMENT AND REPAIR OPTION: If the Retreatment and Repair option is selected on the front of this Agreement, and Customer elects to
<br />purchase the Retreatment and Repair option found on the front of this Agreement, HES shall issue a Subterranean Termite Damage Replacement Addendum that modifies the
<br />terms, limitations, conditions and exclusions found within this Agreement. See our Subterranean Termite Damage Replacement Addendum for details.
<br />3. LIMITATION ON LIABILITY. In the event that any of the exclusions in Paragraphs 1 or 2 do not apply for any reason, to include HES' negligence or breach of this Agreement,
<br />HES' liability for any claim whatsoever is limited to a return of the "Total 1 st Year Charge" indicated on the front of this Agreement. This Agreement is not intended to benefit any
<br />person or entity other than the named Customer or subsequent Transferee.
<br />4. INSPECTIONS AND DUTY TO AVOID CONDUCIVE CONDITIONS: During the effective period of thisAgreement, HES will inspect the premises at such time as HES may deem
<br />necessary or upon Customer's request. The Customershall make the Structure(s) availablefor inspection upon reasonable notice. Customeragrees to cooperatewith HES during
<br />the term of this Agreement by avoiding and eliminating those conditions or factors that might contribute to a subterranean termite infestations or might distrupt the effectiveness
<br />of any treatment, whether conventional liquid treatment or baiting system. These conditions include, but are not limited to, construction defects, stucco terminated below grade,
<br />Exterior Insulation and Finish System (EIFS) or "synthetic stucco", wood, trash, direct wood to soil contact, tree stumps, standing water or aboveground moisture accumulations
<br />caused by any natural or man-made source. Such moisture accumulations include, but are not limitedto, condensation, leaks from exterior walls, windows, doors, roofs, skylights,
<br />chimneys, gutters, downspouts, plumbing, plumbing fixtures, sprinkler systems, air conditions and heating systems (including condensate drains and ductwork) or inadequate
<br />ventilation. In no event is HES responsiblefor damage to the Structure(s) or its contents resulting from any conditionsconducive to a subterranean termite infestations. Customer
<br />agrees to eliminate any conducive conditions identified within sixty (60) days of HES' written notification. Customer's failure to eliminate the conducive condition within sixty (60)
<br />day will render this Agreement voidable, in part or in whole, by HES. If conducive conditions are found at the time of the initial inspection, these conditions will be notated on the
<br />front this Agreement. Unless corrected within sixty (60) days from the date of this Agreement, HES shall have no responsibility for any remedial service, damage or retreatments
<br />arising from any infestation or damage that results from any conducive conditions identififed during the initial inspection and noted herein.
<br />5. RETREATMENT: Subject to the terms of thisAgreement, HES will apply any necessaryLiquid Defense Treatmentsor service tothe Termite Baiting System at no additional charge
<br />to Customer if an active infestation of subterranean termites occurs in the Structure(s) while this Agreement is in effect.
<br />6. MODIFICATIONS OR ALTERATIONS TO STRUCTURE(S): This Agreement only covers the Structure(s) identified on the front page of this Agreement. The Customer shall
<br />provide notification to HES in writing prior to any alteration, addition, modification or change to the Structure(s). The Customer further agrees to notify HES of any disruption to the
<br />termiticide barrier surrounding or beneath the perimeter of the Structure(s) (to include the disruption, removal or addition tothe soil surrounding the foundation of the Structure(s))
<br />or disturbing any of the Termite Baiting System's components. HES shall have the right to terminate this Agreement if Customer fails to provide the written notification required
<br />under this section. Any additional treatment or service required due to any alteration, addition, modification or change to the Structure(s) or any disruption of the termiticide barrier
<br />or disturbance to the Termite Baiting System will be provided by HES at Customer's expense. Customer agrees that HES shall have the right to charge an additional fee or
<br />increase the renewal fee stated on the front page of this Agreement, or both, as a result of such alteration, addition, modification, or change to the Structure(s) or disruption to the
<br />termiticide barrier or disturbance to the Termite Baiting System that occurs while this Agreement is in effect.
<br />7. CHANGE IN LAW: Should any federal, state or local law or regulation change regarding this Agreement or the treatment or services rendered hereunder, HES is authorized to
<br />take any action necessary to comply with said laws. If HES cannot modify its Agreement, treatments or services to comply with such change in the law, then HES reserves the
<br />right to immediately terminate this Agreement.
<br />8. NOTIFICATION OF SENSITIVITY OF PESTICIDES: If Customer or an occupant of the Structure(s) knows, or believes, that he or she may be sensitive to pesticides, Customer
<br />shall provide HES with written notice prior to any treatment to service to the Structure(s). HES reserves the right, upon receipt of such notification, to deny or terminate service.
<br />Failure to provide such written notification represents Customer's assumption of the risk and waiver of any claims against HES in connection with such sensitivity. Customer
<br />further agrees to indemnify, protect and hold harmless HES from any and all chemical sensitivity claims, causes, actions, judgments, costs, attorney's fees, expenses and losses
<br />of every kind and character, whether direct or indirect, brought by Customer or other occupants (including invitees and licensees) to the Property, if Customer fails to provide the above
<br />written notice.
<br />9. BINDING ARBITRATION: With the exception of the NON-PAYMENT provision (Paragraph 13 below), Customer and HES agree thatany and all controversies or claims between
<br />them, their principals, agents, representatives, successors, or assigns, arising in any way out of, or relating to, this Agreement and/or the subject property shall be settled solely
<br />and exclusively by arbitration. Such arbitration shall be conducted in Palm Beach County, Florida, using the substantive law of Florida, and in accordance with the V oluntary
<br />Binding Arbitration provisions of Section 44.104, Florida Statutes. The arbitrator shall be independent, mutually agreed upon, and to the greatest extent possible, be qualified in
<br />termite control and building construction matters by education, experience, licensing and training to deal with the issues. The decision of the arbitrator shall be a final and binding
<br />resolution of the disagreement, which may be entered as a judgment by any court of competentjurisdiction. Neither party shall sue the otherwhere the basis of the suit is or arises
<br />out of this Agreement, other than for (1) enforcement of the arbitrator's decision or (2) appointment of an arbitrator if one cannot be mutually agreed upon. The parties specifically
<br />agree that the sole and exclusive venue of any suit shall be Palm Beach County, Florida. All costs, expenses, and fees of arbitration and settling a controversy shall be borne
<br />equally by the parties. This arbitration provision shall survive cancellation, expiration, or termination of this Agreement.
<br />10. TRANSFERABILITY: This Agreement is transferable to a new owner of the Structure(s) at HES' discretion. If HES consents to such transfer, the annual renewal fee may be
<br />adjusted.
<br />11. TERMINATION: HES's responsibilities, duties, obligations, and any liabilities under this Agreement shall terminate if HES is prevented or delayed from fulfilling any of its duties,
<br />obligations or responsibilities under the terms of this Agreement by reasons or circumstances beyond its control or by the Customer's interference or refusal to provide HES with
<br />access to Structure(s).
<br />12. SEVERABILITY: Customer agrees that if any part of thisAgreement is held to be invalid or unenforceable for any reason, the remaining Terms and Conditions of thisAgreement
<br />shall remain in full force and effect.
<br />13. NON-PAYMENT: Notwithstanding any provision within this Agreement to the contrary, HES may initiate legal action to recoverall unpaid balances. In the event a collectbn agency
<br />is utilized or Iegalaction becomes necessary to recover any unpaidbalances, Customer will be responsible to pay all expenses associated with said collection, including attorney's
<br />fees and costs. In the event that Customer fails to pay any sum due and owed under the terms of this Agreement, HES has the right to immediately terminate this Agreement.
<br />ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO THE LIQUID DEFENSE TREATMENT
<br />1. INCLUDED DOCUMENTS: Customer acknowledges receipt of and agrees to complywith the Customer Preparation Sheet for Post -Construction Subterranean Termite Treatments
<br />and Customer Fact Sheet for Subterranean Termites provided by HES, which are incorporated by reference into this Agreement.
<br />ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO THE TERMITE BAITING SYSTEM
<br />1. SERVICE EXPECTATION: The Termite Baiting System relies on the natural foraginghabit of subterranean termites to achievecontrol or elimination of their colonies. Achievement
<br />of this end result may take time and is dependent on the size and number of colonies present, the number of conducive conditions, the treatment method used, and the number
<br />and placement of the stations that are deployed. Additional damage to the Structure(s) may occur because of the time required to gain control. During the one (1) year term of
<br />this Agreement, HES will keep Customer advised of any new or increased activity in the monitoring stations, as well as the addition, removal or redeployment of the monitoring
<br />stations. DowAgroSciences, LLC's product information regarding the characteristics of the system willbe provided to Customer prior to system installation. HES reserves the right
<br />to change the brand of systemic termite control system in use at the Structure(s) at its discretion.
<br />2• OWNERSHIP OF TERMITE BAITING SYSTEM COMPONENTS: The Customer understands and agrees that all components of the Termite Baiting System are and remain the
<br />property of HES or DowAgroSciences, LLC. Upon termination of thisAgreement for any reason, Customer grants HES or DowAgroSciences, LLC permission to enter the service
<br />address and Structure(s) to recover all Termite Baiting System components.
<br />RETREATMENT AND REPAIR OPTION
<br />If Customer elects to purchase the Retreatment and Repair option found on the front of this Agreement, HES shall issue a Subterranean Termite Damage Replacement Addendum
<br />that modifies the terms, limitations, conditions and exclusions found within this Agreement. See our Subterranean Termite Damage Replacement Addendum for details.
<br />Moneyback Guarantee: *This guarantee becomes effective 1 year from the date of the initial treatment and is conditioned upon the customer following HES's instructions as outlined
<br />in thisAgreement, as well as the completionof all requested repairs and maintenancewithin 30 days of our initial inspectionA current balance, maximum 30 days, must be maintained
<br />on all HES's services to receive any refund under this guarantee. The refunded amount shall not exceed the amount of your annual renewal payment. Requests forrefunds under this
<br />guarantee must be made in writing following a joint inspection of the property by an HES manager and Customer.
<br />Thank you for choosing Hulett Environmental Services, Pest Control's Finest!
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<br />Hulett Environmental Services ©2016 1 -800 -285 -PEST (7378) HES-TE00701/21
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