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Sentricon Terms & Conditions

DOW AGROSCIENCES OWNERSHIP OF SENTRICON™ SYSTEMS COMPONENTS.

The Customer also understands that:

  • a. All of the components of the Sentricon™ System (“Components”) are and will remain the property of Dow AgroSciences. The Customer has no rights to any of the Components other than the right to their use as installed by the Company on the Customer's premises under this Agreement.
  • b. On expiration or termination of the Agreement, the Company and Dow AgroSciences or its representatives are authorized by the Customer to retrieve from the Customer’s premises the Stations and other Components contained therein for appropriate disposition.
  • c. If the Company, for whatever reason, ceases to represent or to be authorized to represent the Sentricon™ System,
  1. The Company will: 

    so notify the Customer:

    offer the Customer the alternatives of either using a different form of termite protection or discontinuing this relationship (NOTE: Conventional “liquid barrier” methods of termite control may not offer an effective means of controlling certain termite infestations of certain structures. In such event, the Company may not be able to offer a different form of termite protection and therefore may have to discontinue the relationship).

    if the Customer and the Company (the “Parties”) agree on the use of a different form of termite protection, give the Customer credit for service paid for but not yet received:

    if the Customer elects to discontinue the relationship, or if the company cannot offer an effective different form of termite protection, refund to the Customer an amount equal to the fee paid for service not yet received, and retrieve, or advise Dow AgroSciences or its representative where to retrieve, the Components from the Customer's premises; and

  2. The Customer will: 

    grant the Company and Dow AgroSciences or it's representative reasonable access to the premises for the retrieval of the Components: and

    either agrees with the Company on the use of a different form of termite control or elect to discontinue this relationship.

LIMITATIONS OF LIABILITY AND DISCLAIMER

a. F&W Pest Control shall not be liable for any loss or damage or for any failure to perform any obligations under this agreement if F&W Pest Control 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, embargoes, fires, governmental restrictions, quarantine, act of God or any other circumstances or cause beyond the control of F&W Pest Control.

b. To the fullest extent permitted by law: F&W Pest Control shall not be liable for any exemplary, special, incidental or consequential damages; The agreement of treatment stated in this agreement is given in lieu of any other guarantee or warranties, express or implied, including any WARRANTY OF MERCHANTABILITY OR FITNESS, FOR A PARTICULAR PURPOSE; and F&W Pest Control’s liability under this agreement is limited to the cost of re-treatment of subterranean termite infestation during the term of the agreement.

EXISTING DAMAGE

F&W Pest Control is not responsible and has no duty to repair either visible damage (noted on the attached graph) or hidden damage existing as of the date of this agreement. Because damage may be present in areas which are inaccessible to visual inspection, F&W Pest Control does not guarantee that the damage disclosed on the Inspection Graph represents all of the existing damage as of the date of this agreement.

DAMAGE RELATED TO SERVICES

The Company will exercise due care while performing any work hereunder to try to avoid damaging any part of the Customer's property, plants or animals. Under no circumstance or conditions shall the Company be responsible for damages caused by the Company at the time work is performed except those damages resulting from gross negligence on the part of the Company.

CHANGE IN LAW

F&W Pest Control performs its services in accordance with the requirements of Federal, State and local laws. In the event of a change in existing law, as it pertains to the services promised herein, F&W Pest Control reserves the right to revise the service charge or terminate this agreement.

NON-PAYMENT, DEFAULT

In the case of non-payment or default by the customer, F&W Pest Control has the right to terminate this agreement effective immediately. In the event, litigation is initiated to enforce the provisions of this Agreement the prevailing party shall be entitled to payment for reasonable attorneys’ fees and costs, as set by the court at the trial and/or appellate levels. Customer agrees to pay interest at the lesser of 1.5% per month (19.6% per annum) or the highest legal rate permitted by law on all overdue amounts.

CUSTOMER OBLIGATIONS

The customer warrants full cooperation with F&W Pest Control during the term of this agreement and agrees to maintain area(s) monitored free from any factors contributing to the infestation, such as wood, trash, lumber, direct wood-soil contact and standing water in or under the structure. The Customer’ also agrees to notify the Company of and to promptly eliminate faulty plumbing, leaks, dampness from drains, condensation or leaks from the roof or otherwise into, onto or under the area(s) monitored. Failure of the Company to alert the Customer to any of the above conditions does not alter the Customer’s responsibilities under this paragraph.

ADDITIONS, ALTERATIONS, AND OTHER CHANGES

This agreement covers the Structure(s) identified herein as of the date of the initial installation. Prior to (1) the Structure(s) being structurally modified, altered or otherwise changed, or (2) to any termiticides being applied on or close to the location of any Station, or if (3) soil is removed or added to the foundation, or (4) any tampering of baiting equipment or supplies occurs, the Customer will immediately notify the Company in writing. Failure to notify the Company in writing of the events listed above may void this Agreement. Additional services because of any addition, alteration or other such events may be provided by the Company at the Customer's expense and may require an adjustment in the annual fee.

DAMAGE RELATED TO SERVICES

The Company will exercise due care while performing any work hereunder to try to avoid damaging any part of the Customer's property, plants or animals. Under no circumstance or conditions shall the Company be responsible for damages caused by the Company at the time work is performed except those damages resulting from gross negligence on the part of the Company.

ARBITRATION

The Customer and F&W Pest Control agree that all matters in dispute between them, whenever arising, including but not limited to (i) any controversy or claim of any name or nature between them arising out of or relating to this Agreement, (ii) existence of any wood destroying insect or any report with respect to the described property or (iii) any loss or damage relating to the described property in any way, shall be determined exclusively by arbitration. Such arbitration shall be conducted by the American Arbitration Association and in accordance with its Commercial Arbitration Rules then in force. The arbitrator(s) shall be bound by rules of the substantive law of the Commonwealth of Massachusetts, but shall not be bound by rules of evidence, whether or not set out by statute, 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 F&W Pest Control responsible for (i) the repair or replacement of any termite damage to the described property (ii) loss of anticipated rents and/or profits or loss of quiet enjoyment or (iii) direct, indirect, special, incidental, consequential, exemplary or punitive damages (under G.L. c. 93A or otherwise), 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 any expenses incurred by the arbitrator(s). 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 provide a detailed statement of the basis for the award, including all the elements involved in the calculation of any award of damages. The decision of the arbitrator shall be a final and binding resolution between the parties and may be entered as a judgment by any Court of competent jurisdiction. Each party consents to the personal jurisdiction of the courts of the Commonwealth of Massachusetts and agrees that venue shall be proper in the county in which the described property is located. Each party hereby waives and agrees not to exercise any right to bring an action against the other party with respect to any matter governed by this agreement other than to enforce this arbitration provision and the arbitrator’s decision. Any party violating this provision shall pay the other party’s costs, including but not limited to attorneys fees, with respect to such suit and the arbitration award shall so provide.

ENTIRE AGREEMENT

The agreement and Inspection Graph attached constitute the entire agreement between the parties and no other representations or statements will be binding upon the parties, except as set forth herein in writing.

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