BUST-A-BUG TERMITE TERMS AND CONDITIONS
1.a WARRANTY Sentricon: During the term of this plan if needed Bait for new subterranean termite infestations with Recruit HD (Always Active Customers) in accordance with the Manufacturer’s treatment specifications for Sentricon users free of charge.
1.b WARRANTY Termite Annual Inspection: During the term of this plan if needed for new subterranean termite infestations a spot treatment with Termidor HE up to 9 linear feet of termite activity. Any distance over 9 linear feet will be billed at regular Termidor HE pricing.
2. EXISTING DAMAGE: Bust-A-Bug is not responsible for the repair of either visible damage or hidden damage as of the date of this Agreement whether listed on the attached inspection graph or not. Because damage may be present in areas that are inaccessible to visual inspection, Bust-A-Bug does not and cannot guarantee that the damage disclosed on the inspection graph represents all of the existing damage present as of the date of this Agreement.
3. FUTURE DAMAGE. LIMITATION OF LIABILITY: This Agreement does not provide for the repair of existing or future Termite/Moisture or related damages regardless of the nature, cause or extent of the damages. The sole responsibility of Bust-A-Bug in the event of a claim shall be to re-treat the structure within 30 days of notice of found live termites, as long as the agreement is in good standing order. This plan does not guarantee, and Bust-A-Bug does not represent, that termites will not return. Further, the Purchaser agrees to maintain the property free from moisture leaks (See #5), moisture damage, wood to soil contact, PolySteel or similar construction Drivit (Synthetic Stucco Systems) in contact with soil or ground masonry surfaces, etc., & other conditions conducive to Subterranean Termite infestation.
4. ADDITIONS AND/OR ALTERATIONS: This Agreement applies only to the property identified on the inspection graphs of the date of the initial installation. In the event that the covered premise is structurally modified, altered or changed, the purchaser will immediately notify Bust-A-Bug and purchase the required additional Sentricon Installation to restore the System to its original specifications. In the event of structural modification, Bust-A-Bug reserves the right to modify and/or adjust the Annual Maintenance Agreement fee.
5. WATER LEAKAGE: The Customer hereby, acknowledges that water intrusion in structures is a serious matter with respect to subterranean termite control and severely impedes Bust-A-Bugs ability to achieve effect control. Water leaks and/or excessive structural moisture conditions in treated structures and leaks in interior/exterior walls areas or through the roof, walls, plumbing fixtures, windows, doors, chimneys or other areas not listed create conditions that render a structure highly susceptible to infestation from Subterranean Termites. Further, these conducive conditions allow for the development of “Aerial or Secondary Colonies” which exist independently of the original ground based colony. Therefore, the Purchaser agrees to maintain the premises free from these moisture conditions by making timely repairs to the structure. Bust-A-Bug shall have no responsibility for repairs with respect to water leakage.
6. NOTICE OF CLAIMS & ACCESS TO THE PROPERTY: Any claim made under this Agreement shall be made in writing to Bust-A-Bug Pest & Crawl Space Solutions. Claims being submitted after the fact will not be considered unless Bust-A-Bug was provided the opportunity to inspect the property prior to any modifications. The Purchaser agrees to allow and provide complete access to the property for any purpose contemplated by this agreement, including but not limited to, re-inspections where requested by the Purchaser or considered necessary by Bust-A-Bug. The failure to allow Bust-A-Bug such access will terminate this agreement without further notice.
7. MANDATORY ARBITRATION: Purchaser and Bust-A-Bug agree that any claim under the state laws of Virginia, dispute or controversy between them or against the other or the employees, agents or assigns of the other, and any claim arising from or related to this agreement or the relationships which result from this agreement, including but not limited to any tort or statutory claim, shall be resolved by neutral binding arbitration by the American Arbitration Association (“AAA”), under the rules of the AAA in the effect at the time the claim is filed. The parties understand that they would have had the right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes decided through arbitration.
8. DISCLAIMER: Liability under this Agreement will be terminated if Bust-A-Bug is prevented from fulfilling it’s obligations under this Agreement by reasons of delay in transportation, shortages of fuel, and/or other acts of God, or circumstances beyond the control of Bust-A-Bug. This Agreement does not cover and it is agreed that Bust-A-Bug is not responsible for:
1 Any and all damage resulting from termites, insects, wood destroying organism, moisture, fungus or Related causes.
2 Damage resulting from masonry failure or grade alterations, EFIS, rigid foam, wooden or cellulose containing component in contact with the earth and the structure regardless of whether the component is a part of the structures
3 Damages to fences, attached or detached structures, landscaping, etc., unless expressly state in the original agreement.
4 The failure of Purchaser upon notice from Bust-A-Bug to properly cure at Purchaser’s expense any conditions which prevents proper treatment or inspection or is conducive to termite infestation.
5 Any treatment rendered by a pest control company other than Bust-A-Bug, a homeowner/tenant, within 5 feet of any Sentricon component will relieve Bust-A-Bug from any further liability.
6 Damages to structure or Sentricon Components due to flooding (tidal or other).
Except as otherwise prohibited by law, Bust-A-Bug disclaims and shall not be responsible for any liability.
9. NON PAYMENT/DEFAULT: In the event of non-payment or default by the Purchaser, Bust-A-Bug reserves the right to terminate this Agreement. If Sentricon is installed, remove all components of the Sentricon System. Customer will pay all attorney fees in case of collection.
10. ANNUAL MAINTENANCE AGREEMENT: Payment of the Annual Inspection Fee will automatically extend this agreement for one additional year from the anniversary date. This Maintenance Agreement includes the Labor and Materials required to provide an annual visual termite property inspection. For Sentricon bait stations replace any Recruit HD (Always Active) bait as needed.
11. TRANSFER OF WARRANTY TO NEW PROPERTY OWNER: This Agreement and/or remaining warranty or Annual Maintenance Agreement are transferable to a new property owner upon written notification to Bust-A-Bug designating the name of the new property owner and date of property transfer.