Group Title: Historic St. Augustine: B8-L15
Title: Fumigation contract and service policy and limited warranty
ALL VOLUMES CITATION MAP IT! THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00091362/00016
 Material Information
Title: Fumigation contract and service policy and limited warranty
Series Title: Historic St. Augustine: B8-L15
Physical Description: Maintenance record
Language: English
Publication Date: 2002
 Subjects
Subject: Saint Augustine (Fla.)
26 Charlotte Street (Saint Augustine, Fla.)
Old Blacksmith Shop (Saint Augustine, Fla.)
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine -- 26 Charlotte Street
Coordinates: 29.895854 x -81.312086
 Record Information
Bibliographic ID: UF00091362
Volume ID: VID00016
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution.
Resource Identifier: B8-L15

Full Text
FLORIDA PEST CONTROL & CHEMICAL CO. 116 NW 16th Avenue PO BOX 5369 Gainesville, Florida 32627
Issued by j f s/f u (Branch Office) Policy No.

FUMIGATION CONTRACT AND SERVICE POLICY AND LIMITED WARRANTY
(For Treatment Only: Maximum Duration Five Years)

This agreement made this day of (,~C in the year of A 1 in theCityof t v,' {/7?I_---
State of Florida by and between Florida Pest Control & Chemical Co., hereinafter called the First Par o Florida Pest or FPC and
CI4y of S 4 4 hmlo... / ('f l 0o Tour' Srl,4 of age and a resident of the City of w3. fV i JA/-.- State of
Swho de(ares himself to be the owchr, and/or agent of the owner, of the below named property, hereinafter called Owner or the Secon'Party. Second Party hereby asserts,
confirms and warrants that he/she/it has read, understood, and agreed to this contract, and is/are the owners) of the subject property and covered structure, and/or the authorized agent
or representative of any and all said owners, with full power and authority to execute this contract and forever bind all owners and their principals, agents, heirs, representatives,
successors, and assigns.
Witnesseth: I ,, ^ j
1. FPC agrees to seal and fumate the property known as (0/id -/ 1 0 Op CO f*e 'r ( 4 U'I the address
t6 C Z/o c I(s 5) /(ycl Oe(cty), FLORIDA
for the complete eradication of J/tCi ,o Te,/-r eT f [Insectl (hereinafter called specifice insect"). No buildings (structures) on the
property, other than those specified above shall be included in and under this agreement. FPC will make re-inspections of the property yearly for as many years as the owner keeps this
contract in force and FPC will give additional treatment at anytime during the life of this contract, if an active infestation of the specified insects) is found; such annual re-inspections
and re-treatment will be at no additional cost to the owner other than the annual renewal fee. FPC, at it's sole discretion, reserves the right to choose any method of re-treatment to be
made.
2. Second PartyVereby agrees and binds himself to pay FPC upon completion of the initial work, as compensation for labor, material and service herein contracted for, the sum of
rf V4- VY r I C/oRf7 'itV'/ % ) t-- ($ "- ). a- ) dollars, plus sales tax,
to be paid as follows: Cash ( ), Check ( ), Credit Card ( ), Other ( ) .This contract expires at the end of one year unless the option to renew is elected. At the
expiration of this one-year contract, the Second Party may take advantage of the yearly inspection and treatment service for the specified insect, offered with this contract by paying
FPC the annual renewal fee of /Vg, At / d' O f/'/Z Afl0 ($ /? o _),
plus sales tax, each year NO LATER THAN 30 days after the Anniversary Date of this contract. FPC reserves the absolute right to adjust the annual renewal fee at the end of any
contract year. This contract may be renewed annually by the Second Party in accordance with the above procedure, for a total of four consecutive years. In no event shall this contract
extend beyond a five year period.
3. Terms of Limited Warranty: THIS IS A TREATMENT ONLY CONTRACT FOR ONLY THE SPECIFIED INSECTSS. FPC EXPRESSLY LIMITS ITS
RESPONSIBILITY UNDER THIS CONTRACT TO ONLY THE TREATMENT OF ANY SUBSEQUENT INFESTATION OF THE SPECIFIED INSECTSS; SUCH
TREATMENT DOES NOT INCLUDE THE EXPLORATORY SEARCH FOR, NOR REPAIR NOR REPLACEMENT OF, DAMAGED WOODWORK (OR ANY
OTHER TYPE PROPERTY OR MATERIAL), IF ANY, WHICH SHOULD OR MAY RESULT FROM ANY INFESTATION.
4. Specific Exclusions: This Agreement does not cover and FPC will not be responsible for:
a. Exploratory Costs & expenses to determine whether or not damage exists or existed, and /or to determine the extent of any damage.
b. Personal expenses such as, but not limited to, lodging, meals, transportation, medical expenses, day care, moving and storage costs, etc., incurred as a result of treatment,
retreatment and/or damage repair.
c. Loss of rental/income or any type business opportunity because of treatment, re-treatment or damage repair.
d. Protection against any species of Subterranean Termites, since they require different methods of treatment.
e. Damage of any kind to other than the covered structure, itself, such as, but not limited to, personal property and items in or around the covered structure.
f. FPC agrees to use all reasonable care when providing initial and subsequent termite treatment in order to avoid damage to shrubs, vegetation and other property, but under no
circumstances or conditions will FPC be responsible for damages to shrubs, vegetation, sprinklers, plumbing, wiring, cable, well, etc., occurring during treatment and control work,
other than that caused by negligence on the part of FPC.
5. DISCLAIMER:
a. FPC AGREES TO USE ALL REASONABLE CARE IN TREATMENT TO AVOID DAMAGE TO SHRUBS, VEGETATION OR THE STRUCTURE.
HOWEVER, THE PARTY OF THE SECOND PART ACKNOWLEDGES AND UNDERSTANDS THAT FUMIGATION IS A LENGTHY AND CUMBERSOME
PROCESS WITH SPECIAL HAZARDS TO PROPERTY, AND CAN RESULT IN PROPERTY LOSS AND DAMAGE, INCLUDING BUT NOT LIMITED TO LAWN,
SHRUBS, LANDSCAPING, FENCING, DRIVES, ROOFS, SHINGLES, SKYLIGHTS, PIPES, CHIMNEYS, VENT PIPES, ANTENNAS, GUTTERS, VENTS,
PERSONAL PROPERTY WITHIN OR ATTACHED TO THE STRUCTURE, PLASTIC, VINYL, LEATHER, ETC.; AND VANDALISM, THEFT, OR BREAKING
AND ENTERING DURING THE FUMIGATION AND AERATION PROCEDURES. SECOND PARTY HEREBY FURTHER SPECIFICALLY ACKNOWLEDGES
AND AGREES FLORIDA PEST CONTROL IS NOT RESPONSIBLE IN ANY WAY OR UNDER ANY CIRCUMSTANCES FOR PRESENT OR FUTURE LOSS OR
DAMAGE TO PERSON OR PROPERTY, AND HAS BEEN STRONGLY ADVISED TO TAKE ALL NECESSARY SECURITY AND PROTECTIVE MEASURES.
b. ADDITIONS OR ALTERATIONS TO THE STRUCTURE NOT SPECIFICALLY INCLUDED UNDER THE TERMS OF THIS CONTRACT BY AN
ADDENDUM SHALL MAKE THIS CONTRACT NULL AND VOID.
c. FPC EXPRESSLY LIMITS ITS RESPONSIBILITY UNDER THIS CONTRACT TO ONLY THE TREATMENT OF ANY SUBSEQUENT INFESTATION OF
THE SPECIFIED INSECTSS, AND SPECIFICALLY EXCLUDES ANY AND ALL WOOD OR OTHER TYPE DAMAGE, IF ANY, RESULTING FROM ANY
INFESTATION.
d. UNDER NO CIRCUMSTANCES SHOULD THIS CONTRACT BE CONSTRUED AS A GUARANTEE AGAINST ANY SPECIES OF SUBTERRANEAN
TERMITES (NATIVE, DOMESTIC, OR FOREIGN, INCLUDING, BUT NOT LIMITED TO THE FORMOSAN SPECIES (COPTOTERMS FORMOSANAS) IN THAT
CONTROL METHODS ARE ENTIRELY DIFFERENT, AND THEREFORE, CONTROL OF ANY AND ALL SPECIES OF SUBTERRANEAN TERMITES IS
SPECIFICALLY EXCLUDED FROM THE PROVISIONS OF THIS AGREEMENT.
e. THE LIMITED WARRANTY OFFERED HEREIN CONSTITUTES THE ENTIRE WARRANTY, AND IS EXPRESSLY LIMITED TO AND BY THE
PROVISIONS HEREIN. ALL OTHER WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, ARE HEREBY EXPRESSLY DISCLAIMED.

Owner/ Second Party: Flori st Control & lemical .
DATE: By:

DATE: Trtment notice posted: _


THIS IS A TWO (2) SIDED AGREEMENT, CONTINUED ON REVERSE SIDE OVER


Page 1 of 2


TE-8 10/00





Fumigation Contract and Service Policy and Limited Warranty, continued:


6. Financing: Any unpaid balance to bear interest at the rate of one and one-half (1-1/2)% per month, which is a FINANCE CHARGE, with an ANNUAL PERCENTAGE
RATE of 18% on the unpaid balance.

7. Structural Changes, Additions, Alterations: In the event of any additions and/or alterations to the treated structure, Second Party must promptly notify FPC in writing of
such changes and arrange with FPC for additional service, which may require additional service charges and/or adjustment in the annual renewal fee. This Agreement covers only the
structures) identified. Since changes create new infestation hazards, in the event the structures) is (are) modified, altered or otherwise changed, Second Party willimmediatelynotify
FPC for proper instructions and/or any additional treatment/monitoring required by the changes made. Second Party's failure to so notify FPC and/or Second Party's failure to purchase
a contract addendum for the addition or alteration, will immediately void any and all warranties under this contract and will terminate this agreement automatically, effective the date
the change was first begun on the structure(s)or surrounding land. FPC will require additional service charges and/or reserves the right to adjust the annual renewal fee, because ofthe
increased risk caused by the changes.

8. Transfer of ownership: Second Party agrees to immediately notify FPC of any pending transfer of ownership of the property. Annual renewal fees will not be refunded.
While this policy may be transferred to the new owner, FPC, at its sole option and discretion, reserves the absolute right to transfer or not transfer this agreement.

9. Cancellation Clause: This contract may be canceled for any reason, within 30 days before or after the Anniversary Date of this contract by either party in writing to be
effective the day the current contract ends.

10. Change in Law: FPC performs its services in accordance with the requirements of the Environmental Protection Agency (EPA), Federal, State, and Local laws. In the
event of a change in existing law as it pertains to the services promised herein, FPC reserves the right to amend or terminate this agreement.

11. Entire Agreement: This contract is the sole and entire agreement between the parties, and supercedes, replaces, and/or is an accord and satisfaction of any and all prior
understandings, agreementss, or contracts) for the subject property (structures) or between the parties. Any and all modifications, changes, or waivers must be in writing and signed
by both parties.

12. Arbitration Agreement: Second Party and FPC hereby specifically agree and covenant that any and all controversies or claims between them, their principals, agents,
representatives, successors, or assigns, arising in any way out of, or relating to, this agreement, and/or the subject property, and/or subject structuress, and/or the termite treatment, shall
be settled solely and exclusively by arbitration. Such arbitration shall be conducted in the Florida County where the servicing FPC office for this agreement is located at that time, using
the substantive law of Florida, and in accordance with the Commercial Arbitration Rules then in force of the American Arbitration Association. The arbitrator shall be independent,
mutually agreed upon, and to the greatest extent possible, be qualified in 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 resolution of the disagreement, which may be entered as a judgment by any court of Competent jurisdiction.
Neither party shall sue the other where the basis of the suit is in any way this agreement, or arises 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 agree that the sole and exclusive venue of any suit shall be Alachua County, Florida. In
no event shall either party be liable to the other for indirect, special, consequential, or punitive damages; loss of anticipated or actual profits, income or business opportunities; or living
expenses of any kind (e.g. room, board, medical, gas, utilities, etc.). All costs, expenses, and fees of arbitration and settling a controversy shall be borne equally by the parties. This
arbitration provision shall survive cancellation, expiration, or termination of this contract.

13. CHEMICAL SENSITIVITY: SECOND PARTY ACKNOWLEDGES AND UNDERSTANDS THAT CHEMICALS ARE USED TO PROVIDE THE
REQUESTED TREATMENT, AND SECOND PARTY HEREBY SPECIFICALLY ACCEPTS AND AGREES THAT HE/SHE/THEY/IT HAS THE SOLE
BURDEN TO CLEARLY AND AFFIRMATIVELY INFORM FPC OF ANY AND ALL CHEMICAL SENSITIVITY OR ALLERGIES, AND HEREBY
COVENANTS AND WARRANTS THAT NEITHER HE/SHE/THEY/IT NOR ANYONE RESIDING, WORKING OR FREQUENTING THE PREMISES, ARE
SENSITIVE OR ALLERGIC TO SAID CHEMICALS.

Acknowledged, authorized and accepted by Owner/ Second Party:


DATE:

DATE:


THIS IS A TWO (2) SIDED AGREEMENT, CONTINUED ON REVERSE SIDE OVER


TE-8 10/00


Page 2 of 2




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs