Go-Forth Sentricon Damage Repair Contract

D. 1. ​ All of the components of the Sentricon* System (“Components”) are and will remain the property of Dow AgroScience​. The CLIENT​ has no rights to any of the Components, other than the right to their use as installed
by GO-FORTH​ on the CLIENT​’s premises under this Agreement.
2. On expiration or termination of this Agreement, GO-FORTH​ and Dow AgroScience​ or its representatives are authorized by the CLIENT​ to retrieve from the CLIENT​’s premises the Stations and other Components
contained therein for appropriate disposal.
3. If GO-FORTH​, for whatever reason, ceases to represent or to be authorized to represent, the Sentricon* System, GO-FORTH​ will, so notify the CLIENT,​ offer the CLIENT​ the alternative of either using a different form of
termite protection or discontinuing this relationship (Note: Conventional “liquid barrier” methods of termite control may not offer the effective means of controlling certain termite infestations of certain structures. In such
event GO-FORTH​ may not be able to offer a different form of termite protection, and therefore may have to discontinue the relationship), or if the CLIENT​ elects to discontinue the relationship, GO-FORTH​ will retrieve, or
advise Dow AgroScience​ or its representative where to retrieve, the Components from the CLIENT​s’ premises; and the CLIENT​ will grant GO-FORTH​ and Dow AgroScience​ or its representative reasonable access to the
premises for the retrieval of the Components; and either agree with GO-FORTH​ on the use of a different form of termite control or elect to discontinue this relationship.
E. The CLIENT​ agrees that any additions or alterations to the structure(s) covered by this agreement during the contract period shall not be covered by this agreement, nor will any infestation in the structure(s) originating from
any addition or alteration thereto come within the scope of this agreement, unless GO-FORTH​ is notified and proper additional work is performed with the cost of such work paid by the CLIENT​. It is also understood that
unless otherwise specified in writing, this agreement covers only the main structure at the above address.
F. The CLIENT​ agrees full cooperation with GO-FORTH​ during the life of this agreement and agrees to maintain the area free from any condition contributing to infestation by Subterranean Termites including but not limited to
any areas that are or were at any time not accessible to GO-FORTH ​(including but not limited to locked areas, areas obstructed by standing water or other impediments to inspection, or low areas with inadequate
clearance), moisture from roof leaks, plumbing or drain leaks, or wood in contact with the soil.
G. This contract is not transferable. Any person not listed on the original service agreement at the original time of signing will need to enter into a new written contract, in their own name and signed by Go-Forth, in order to
take over the service or its benefits.
H. GO-FORTH​ agrees to furnish the services indicated hereon for full payment paid upon completion of the initial work unless otherwise specified herein. If payment over time is agreed, default in any payment due constitutes
a breach of agreement by the CLIENT​ and makes the total balance under agreement due immediately as liquidated damages. Interest on delinquent accounts will be added at the maximum legal rate until paid in full. This
agreement is accepted by GO-FORTH​ by performing services, or offering to perform services specified herein.
I. It is agreed and understood that in the event of default by the CLIENT​ in the payment of the contracted price, or any part thereof under this agreement, GO-FORTH​ shall be released from this agreement for further
inspection and servicing as herein provided. In the event this agreement is voided or canceled by the CLIENT​ before the work is started, it is agreed that GO-FORTH​ may make a reasonable liquidating charge as
compensation for consultation, office paperwork and any other expense attributable to this agreement.
J. At the end of the initial agreement period, the CLIENT​ at his option may take advantage of the yearly maintenance service offered as part of the agreement by paying GO-FORTH​ the Monthly Renewal Payment upon
notice. After the initial agreement period indicated on the front of this agreement, GO-FORTH​ has the option to adjust the amount paid to continue or to cancel this agreement.
K. GO-FORTH​ reserves the right to terminate this agreement at any time without prior notification and for any reason; in such event, GO-FORTH​ may credit or refund payments for the current month of the cancellation as well
as any payments that have been collected for future months; however, payments for any months prior to the current month of cancellation will not be subject to credit or refund; therefore if any payments for prior months are
past due, those balances will remain due.
L. Representatives of GO-FORTH​ are not authorized to make or provide any agreements other than those agreements set forth in this contract. Oral statements made by a representative do not constitute warranties. This
contract (and any attached documents) is the entire agreement between GO-FORTH​ and the CLIENT​ and any changes shall be effective only after such changes have been reduced to writing and signed by both
GO-FORTH​ and the CLIENT​.
M. CLIENT​ agrees to pay any and all costs of collection of any amounts due GO-FORTH​, including attorney fees equal to 15% of the outstanding balance of any such amounts due.
N. This agreement does not provide coverage for drywood termites (Kalotermessp. Incisitermessp., Cryptotermes sp.), or any other wood destroying organisms except Subterranean Termites (Reticulitermes sp., Heterotermes
sp.) as stated herein.
O. GO-FORTH​ performs its services in accordance with the requirements of federal, state and local law. In the event of a change in existing law as it pertains to the services promised herein, GO-FORTH​ reserves the right to
revise the monthly renewal charge or terminate this agreement.
P. It is agreed between the CLIENT ​and GO-FORTH​ that any controversy or dispute between them relating to: (1) any treatment or service rendered by or allegedly required to be rendered by GO-FORTH​, or (2) the
enforcement of or any claim pertaining to the contents of this report’s provisions shall be settled and resolved exclusively by arbitration. It is further agreed by both parties that said arbitration shall be controlled by and
conducted under the provisions of the North Carolina Uniform Arbitration Act, North Carolina General Statutes 1-567.1 through 1-5667.20, as said statutes may be amended or replaced from time to time, and said North
Carolina statutes are hereby incorporated into this report’s provisions by reference as it fully set forth herein. It is further agreed that there shall be a total of three (3) arbitrators, one to be chosen by the CLIENT​, one by
GO-FORTH​, and a third by the first two arbitrators. It is also agreed that the arbitrators shall render their written award of decision within thirty days after conclusion of the arbitration hearing.
Q. DAMAGE REPAIR: ​After the Sentricon System has achieved colony elimination (see COLONY ELIMINATION below) GO-FORTH​ will inspect the premises periodically and if infestation is found, then proper treatment will
be applied at no extra charge and GO-FORTH ​will repair or cause to be repaired, at its expense, any new damage which is not inconsequential and about which GO-FORTH​ is promptly notified by the CLIENT ​and which is
caused directly by Eastern Subterranean Termites. Inconsequential damage is: damage that does not affect the structural integrity of the structure or does not affect the aesthetics to finished areas of the home only and
inconsequential damage includes aesthetic damage to unfinished areas of the structure. Finished areas will be defined at the sole discretion of the current GO-FORTH​ Wood Destroying Insect Licensee. New damage is
defined as: damage to areas over and above existing visible damage present prior to colony elimination and in which areas live Eastern Subterranean Termites are found. (The monthly damage renewal charge will
changed by GO-FORTH​ from time to time and the owner will be notified about the amount of charge in advance of the monthly renewal date.) This Agreement shall not apply to or cover the following items of damage:
a) Any damage to the structure or contents of the described property by Subterranean Termites entering or existing in areas where evidence of excessive moisture from whatever source can be found, including but not
limited to moisture behind any type of synthetic stucco (such as EIFS)​, and including but not limited to water leakage from structural or mechanical problems; weather conditions including acts of God;
alteration of the terrain around the described property; the intentional or unintentional introduction of moisture under or around the described property​. Excessive moisture is defined as: any standing water in,
under, or around the structure, any condensation in, on, or under the structure, or any other condition that results in evidence of wood moisture content greater than 20% either currently or in the past. Upon the discovery of
any such excessive moisture, CLIENT​ agrees to be responsible for the cost of elimination of the source of said water and for the repair of any Subterranean Termite infestation damage resulting there from, being agreed
between the CLIENT​ and GO-FORTH​ that it shall be conclusively presumed that the excessive moisture condition occurred prior to and was the cause of any such Subterranean Termite infestation
b) Any damage to the described property or its contents caused by Subterranean Termites entering on or through wood in contact with the earth and the described property; whether the wood is a part of the described
property or not (including but not limited to wood fences or decks).
c) Any damage to the described property caused by any wood-destroying organism other than Eastern Subterranean Termites (including Powder Post Beetles, Ants, Dry Wood Termites, Formosan Termites​, or Wood
d) Any damage to any structure which contains rigid foam board insulation or any other insulation along interior or exterior of foundation walls regardless as to when the insulation was installed. This Agreement is void if this
insulation as is present at time of treatment whether the CLIENT​ or GO-FORTH​ was aware of its presence.
e) Any infestations and/or damage in areas of the property that are inaccessible for inspection or is a direct result from termites gaining access through areas inaccessible to inspection at the time of the initial inspection or at
any subsequent inspections (including, but not limited to, locked areas, areas obstructed by standing water or other impediments to inspection, or low areas with inadequate clearance), regardless of whether or not such
areas are documented on this service agreement or any other documents. It is not
GO-FORTH​’s responsibility to make access to such areas; it is the homeowner’s responsibility to make ready access to all areas of the structure at GO-FORTH​’s request at any point while the property is under
R. COLONY ELIMINATION: ​Colony Elimination will be considered achieved for a specific colony 18 months after treatment has been performed by the wood destroying insect department of GO-FORTH​ to that specific colony
in that specific area as long as all of the following conditions are met: the customer has allowed GO-FORTH​ to maintain the Sentricon System properly, customer has followed all recommendations made by GO-FORTH​. In
the event that live termites are found after colony elimination has been established, damage will be covered as is described in section P, however, a new 18 month period will begin from the time of that re-treatment and
Colony Elimination will need to be reestablished for that colony and that area of infestation.