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,
a. GO-FORTH will
ii. 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).
iii. 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 CLIENTs’ premises; and
b. The CLIENT will:
i. grant GO-FORTH and Dow AgroScience or its representative reasonable access to the premises for the retrieval of the Components; and
ii. 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. RETREATMENT ONLY SERVICE AGREEMENT: This Service agreement is for re-treatment only and does not include any damage repair. Damage may presently exist in hidden areas of the premises.
GO-FORTH does not warrant that any damage discovered by visual inspection (and which is indicated on the diagram) is all such damage which presently exists. GO-FORTH is not responsible for any damage due to
Subterranean Termites whether documented or not; such damage will NOT be repaired under the terms of this service agreement and/or warranty, regardless as to whether colony elimination has been determined. If
there is evidence of previous or an active infestation of subterranean termites and/or any other wood-destroying insect in the wooden members of the structure, it must be assumed that there is some damage to the
wooden members caused by the infestation. Furthermore, this Agreement shall not apply to or cover the following items of damage:
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
2. 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).
3. 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
4. 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 is present at time of treatment whether the CLIENT or GO-FORTH was aware of its presence.
5. 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 warranty.
R. COLONY ELIMINATION: GO-FORTH and its authorized representative shall be the sole and only authority as the elimination of any or all Subterranean Termite Colonies. Regardless as to the time that a system may be
installed, or as to the activity or the inactivity in any monitoring devices, a colony shall only be perceived to have been eliminated when and if GO-FORTH or its authorized representative have reduced to writing a statement
saying the colony has been eliminated and the conditions covering any future infestations or additional colonies which may move into the area.