Termite Agreement Terms
Effective June 1, 2017
|Plan I: Subterreanean Termite Repair and Retreatment / This contract provides for the retreatment of a structure and repair of damage caused by wood destroying organisms within the limits stated in this contract.|
|Plan II: Subterreanean Termite Retreatment Only / This contract provides for the retreatment of a structure but does not provide for the repair of damage caused by wood destroying organisms.|
|Plan III: Inspection Plan Only / This contract provide no warranties.|
|The removal of the bait or baiting system may result in a lack of termite protection.|
This Agreement for subterranean termites, including Formosan, is made between the Customer and Cingo. Treatment will be provided, and the specifically agreed plan will be in effect for 12 months from the date of treatment. Plans may be renewed on an annual basis for up to 4 additional years. Sentricon may be renewed for the life of the property.
Treatments & Fees are specified in individual agreements.
Customer agrees to maintain a form of auto-payment (credit/debit card or direct draft) on file for any monthly pricing options offered. Failure to provide said payment arrangements will result in an additional $3 per month.
Prior to initial visit, the Customer agrees to notify Cingo in writing regarding allergies, respiratory conditions or other sensitivities of individuals or animals located at physical address that may be aggravated by an application. This, and any other notice may be sent to Cingo, 106 Roosevelt St., Dublin, GA 31021 or to customercare[at]cingopest.com
Company representations, obligations and warranties.
- All treatment materials will be applied to conform to product labeling.
- If the customer is not completely satisfied with results of any treatment, Cingo will return at no additional cost or at customer request, refund monies paid for the treatment at issue.
- This Agreement covers the Structure(s) (see attached graph) identified herein as of the date of the initial service. Exterior fences, decks, lattice, supports, stairs, landscape timbers, and RR ties are excluded.
- This Agreement is transferable to a subsequent owner at no cost provided that all fees are paid on a consecutive, timely basis from the date of this Agreement.
- Cingo reserves the right to periodically re-inspect the structure(s) at any time (during normal business hours) during the effective term of this Agreement.
- For Plan I, Cingo warrants that there will be no further termite infestation. However, in the event termite infestation does occur during the plan, Cingo will perform any necessary repairs and retreatment without additional fees, subject to the following provisions:
- Damage with LIVE TERMITES must be present and verified by Cingo's representative after the date of treatment. Damage discovered with no verified live and active termite infestation shall not be repaired. It is to be understood that termite damaged areas of the structure(s) may have existed in exposed and hidden areas as of the date of initial installation and/or initial treatment and that Cingo assumes no responsibility to repair these preexisting damaged areas.
- Cingo shall be responsible for repairs to the Structure(s) only when made with the approval and under the supervision and control of Cingo. Repair shall be limited to new damages only and in no event shall Cingo be responsible for any consequential damages. It is expressly agreed and understood that this warranty is strictly limited to cost of repairs.
- Areas of direct earth to wood (including pressure treated) contacts such as siding, trim, decks, porches, posts, stairs, lattice, fences, landscape timbers, crossties, etc. are excluded from provisions for the repair of termite damage.
- Aerial infestations are not covered by the aforementioned damage repair warranty, however Cingo will eliminate the infestation if discovered.
- For Plan II, Cingo warrants that there will be no further termite infestation. However, in the event termite infestation does occur during the plan, Cingo will perform any necessary retreatment without additional fees, subject to the following provisions. This plan does not cover damages caused by Termites.
- Plan II does not warrant against, nor shall Cingo be responsible for present or future damage to the Structure(s) or contents, nor provide for repairs or compensation thereof.
- Plan II is issued due to factors such as nature of construction, conditions conducive to infestation, the degree or extent of termite infestation or existing damage, application restrictions, and/or other mitigating circumstances.
- For Plan III, Cingo does not make any warranties. Plan III is issued due to factors such as nature of construction, conditions conducive to infestation, the degree or extent of termite infestation or existing damage, application restrictions, and/or other mitigating circumstances.
Customer representations and obligations.
- If fees are not paid as agreed within 30 days of when due, a late fee of 1.5% of the unpaid balance will be added to the unpaid balance each month. The Customer shall become liable for the cost of collection, including but not limited to a reasonable attorney's fee, if collected by law or through an attorney. Checks or bank drafts not honored will be charged a return fee of $30.
- The Customer will notify Cingo in writing prior to (a) the structure being structurally modified, altered or otherwise changed, or (b) soil is removed or added around the foundation. Failure to correct or notify Cingo of the events listed above may void this Agreement. Repair damage coverage may be suspended by Cingo as a result of any of the events listed above and additional services because of any addition, alteration, or other change may be provided by Cingo at the Customer's expense, and may require an adjustment in the plan fees. Failure of Cingo's representatives to notice the points listed above during periodic inspection does not release Customer from stated obligations.
- The Customer warrants full cooperation with Cingo during the term of this Agreement, and agrees to correct, at the Customer's expense, any factors contributing to infestation, such as wood, trash, lumber, or other cellulosic materials (including construction elements) in direct wood-soil contact, standing water, faulty grades, or other conditions conducive to termite infestation. The customer understands rigid board insulation, foamboard and other similar materials such as polystyrene and polyisocyanurate (collectively referred to as RBI) may exist in visible or hidden areas of the structure(s) and that RBI's are conducive to infestation, particularly in areas below grade and/or subject to moisture penetration. The Customer agrees to correct, at the Customer's expense, any RBI discovered in the Structure(s) below grade and/or retaining moisture. Failure of the customer to cooperate may void this Agreement.
- It is further understood that moisture in the Structure(s) above the ground from sources such as roof, gutter, or plumbing leaks, improperly sealed door, window and exterior trim, or penetration in Exterior Insulation Finish Systems, RBI or other construction could support termite colonies and therefore, it is the responsibility of the Customer to correct, at the Customer's expense, any such condition(s). The Customer agrees that Cingo shall have no liability for treatment of infestation or repair of damage caused by infestation sustained by above ground moisture condition.
General Terms & Conditions
- This Agreement shall constitute the entire agreement and there are no other promises, warranties or agreements, express or implied, except as contained herein. Specifically, there are no implied warranties of merchantability or fitness for a particular purpose.
- The obligation of Cingo under this Agreement is conditioned upon Customer's payment in full of the fees as set forth and failure to pay the same in full shall cancel this Agreement in its entirety and discharge Cingo of any liability and amount paid shall become the property of Cingo. Liability of Cingo is limited to the life of the Agreement.
- The monthly fee is due on same day each month as date of this Agreement. The fees may be adjusted after the 3rd year by providing notice to the Customer. However, in no event shall the annual increase be greater than 5% or more than the annual rate of inflation (as measured by CPI), whichever is greater.
- Cingo's liability shall be terminated should Cingo be prevented from fulfilling its responsibilities under the terms of this Agreement by reasons of acts of war, whether declared or undeclared, acts of duly constituted government authority, strike, acts of God, natural disasters or refusal of the Customer to allow Cingo access to the property for the purpose of carrying out the terms and conditions of this Agreement.
- Any dispute, other than one relating to the collection on account, arising out of or relating to the Agreement or the services provided under this Agreement or tort based claims for personal or bodily injury or damage to real or personal property shall be finally resolved by arbitration administered under the commercial arbitration rules of the American Arbitration Association. This Agreement involves interstate commerce; furthermore, Cingo and the Customer agree that the Federal Arbitration Act shall control their mutual rights and obligations and the conduct of any arbitration proceeding. The award of the arbitrator shall be final, binding, non-appealable and may be entered and enforced in any court having jurisdiction in accordance with the Federal Arbitration Act. The arbitrator shall not have the power or authority to award exemplary, treble, liquidated, or any type of punitive damages.
- If any provision or covenant of this Agreement is held by any court to be invalid, illegal or unenforceable, either in whole or in part, then such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of the remaining provisions or covenants of this Agreement, all of which will remain in full force and effect.
Federal and State Regulatory Terms & Conditions
- The Georgia Structural Pest Control Act requires all pest control companies to maintain insurance coverage. Information about this coverage is available by contacting this pest control company.
- In accordance with the Fair Business Practices Act of 1975, and the rules of the Federal Trade Commission, 16 C.F.R. 429, Customer may be entitled to a three (3) day right of cancellation.
- Cingo will inspect the structure upon Customer's request at no additional charge.
- 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, GA 30334, (404) 656-3641. Customer understands and requests that pesticide use records be provided or made available to him/her electronically.