CONSUMER INFORMATION SHEET

 

Bug Zone is Licensed and Regulated by the Texas Department of Agriculture (TDA), P.O. Box 12847, Austin, TX 78711-2847. Phone (866) 918-4481, Fax (888) 232-2567. TDA licenses the businesses, certified applicators and technicians who perform structural pest control work. Certified applicators and technicians must pass a written examination in order to receive their licenses.

 

Pesticides must be registered with the United States Environmental Protection Agency (EPA) and TDA before they may be used in Texas. EPA registration is not a finding of product safety. Pesticides are designed to kill or control pests. Your risk of harm depends upon the degree of your exposure and your individual susceptibility.

 

Specific health and safety information varies between pesticides and types of exposures and is available on the label information or MSDS sheet, which can be supplied to you upon request from the licensed applicator. Take precautions when a treatment has been performed to avoid exposure to vulnerable individuals. Pesticides may be harmful if swallowed, inhaled, or absorbed through the skin. Avoid breathing dust or spray mist and any unnecessary contact with treated surfaces. If you desire specific information on precautions, refer to the pesticide label. The law requires that the application procedures specified on the label be followed.

 

If you have questions about the application, contact the business or person making the application. If you suspect a violation of the law regarding structural pest control, contact the SPCS. In case of a health emergency, seek immediate medical attention.Pest Control signs must be posted prior to treatment in many instances. The signs should be posted in an area of common access at least 48 hours prior to treatment. The information sign will allow you to contact someone who can tell you what pesticide is being used.

 

If you are contracting for pest control services due to a home solicitation, you have the right to cancel the contract within 72 hours. You may exercise this right by notifying the pest control company that you do not wish to receive their service.

 

For general information on pesticides, contact the National Pesticide Information Center 1-800-858-7378

 

For information concerning structural pest control laws, contact the Structural Pest Control Service at : (866)-918-4481.

 

For information concerning the formulation and registration of pesticides, contact the TDA pesticide registration at (512) 463-7476 or 800-835-5832.

 

For non-emergency health information relating to pesticides, contact Texas Department of State Health Services (512) 458-7111.

 

REDUCED IMPACT SERVICE

 

In order to minimize the reliance on pesticides and reduce pest populations, a Reduced Impact Pest Control operator may recommend that you consider the sanitation or physical alteration of your work place or residence. It is your responsibility to follow those recommendations. Your pest control operator may or may not offer these services upon request. A proper inspection will provide the information necessary for you to choose the method of pest control which best suits your situation. Many pest problems can be solved without using pesticides.This Reduced Impact Service will include an inspection report and treatment recommendations. You should review these and keep a copy for your records. Your cooperation in following the recommendations made by your service provider is essential to a reduced impact service program.Pesticides may be used in a responsible and professional manner in a reduced impact pest control service. If you do not want a specific pesticide used or any pesticides used at all, you must note this in writing on the contract prior to the initiation of the service. If any specific pesticide or class of pesticides are not excluded, it may be used by the provider.REQUIRED BY THE TDA STRUCTURAL PEST CONTROL SERVICE Revised 09/01/07 Page 1 of 1

 

EXTERRA SUBTERRANEAN TERMITE SERVICE PLANSERVICES.

 

During the coverage period, Operator will install and maintain the Exterra* Termite Interception and Baiting System (Exterra) for the purpose of controlling subterranean termite infestations of the covered property. Exterra installation and maintenance shall consist of the installation of stations, periodic station monitoring and baiting of stations within which termite activity is established. The installation and maintenance of Exterra shall be in compliance with the manufacturer’s recommendations and all applicable laws or regulations.

 

ACKNOWLEDGMENTS.

Purchaser acknowledges the following limitations concerning Operator liability and Exterra operation.Mode of Operation. The use of Exterra is a Multi-step process that involves station installation, monitoring and baiting. Termite bait is installed in a station only after termite activity has been established in the station. Exterra does not exclude termites from the covered property. Instead, Exterra controls termites by suppressing or eliminating termite colonies.Time to Activity. Variations can be expected in the extent of termite activity and number of termite colonies present in the ground around different structures. For this reason, there is no defined period of time after the date of installation within which it can be guaranteed that termite activity will be established in the stations. Establishment of activity in stations can occur in as little as one month but may take considerably longer.Time for Effects. Completion of the effects of Exterra on a colony may occur within six to twenty four months of the onset of colony bait consumption, however this may take longer. For this reason, there is no defined period of time after the date of the onset of bait consumption within which it can be guaranteed that the effects of the bait on a colony will be completed. Multiple termite colonies are normally present in the ground in the vicinity of a structure. In order to protect a structure against termite attack, all such colonies must all be intercepted and baited.Need To Continue Usage. Territory around the covered property previously inhabited by an affected colony may be invaded by a new or nearby unaffected colony. Therefore, Exterra must be continuously maintained at the structure to protect against future termite attack.Future Termite Damage. Significant periods of time can be expected to elapse between the installation date and the time after which effects on any termite colony are completed, including effects upon termite colonies infesting the structure on the installation date (if any). During these periods, termites infesting the covered property may continue to attack and cause new damage to the covered property over and above that existing in the covered property on the installation date.No Liability for Termite Damage. Operator shall have no liability for the repair of termite damage to the covered property and Purchaser expressly waives any claim for and discharges and releases Operator from responsibility for any termite damage regardless of whether the damage is old damage that occurred before the installation date or new damage that occurred after the installation date.Supplemental Treatments. If the covered property is infested with termites on the installation date, supplemental treatments may shorten the period of time that the covered property continues to be infested with termites, however such treatments will not suppress or eliminate termite colonies. Operator will perform additional supplemental treatments in addition to installing Exterra only if Purchaser pays a separate charge for such treatments.

 

COVERED PROPERTY.

This plan applies to and covers only the structure(s) identified herein as covered property.

 

COVERAGE PERIOD.

This plan is effective only during the coverage period. The coverage period shall begin on the date Exterra was initially installed at the covered property (installation date) and shall continue until the first anniversary of the date the Purchaser signed this plan (anniversary date). Operator will extend the coverage period annually thereafter upon payment to Operator of an annual coverage period extension charge payable on or before each successive anniversary date. The coverage period shall end upon nonpayment of any extension charge.

 

ACCESS TO PROPERTY.

Purchaser consents to Operator visits to the covered property on a regular, periodic basis without prior notification to the Purchaser for any purpose contemplated by or made necessary by this plan including but not limited to inspecting and monitoring stations. Failure by the Purchaser to allow Operator access deemed necessary by Operator shall terminate this plan without further notice.DISCLAIMER. Operator disclaims any liability for and the Purchaser expressly waives any claim for and discharges and releases Operator from responsibility for termite, special, incidental, exemplary, punitive or consequential damages regardless of whether Operator knew of, was advised of or should have been aware of the possibility of such damages. The obligations of Operator as specifically stated in this plan are given in lieu of any other obligation or responsibility, expressed or implied, including any representation or warranty of merchantability or fitness for a particular purpose. Operator’s liability under this plan shall be terminated if Operator is prevented from fulfilling its responsibilities under the terms of this plan by reason of delays in transportation, shortages or unavailability of fuel, material and/or pesticides including termite bait, strikes, explosions, riots, embargoes, fires, floods, quarantine restrictions, earthquakes, hurricanes, acts of God or any other circumstances or causes beyond the control of Operator.

 

TYPES OF TERMITES COVERED.

This plan provides coverage for the covered property only against subterranean termites of the genus Reticulitermes and Heterotermes. It does not provide for coverage against dry wood termites. It does not provide coverage against any other genus of subterranean termites, such as Formosan (Coptotermes) termites, unless noted otherwise herein.

 

CHANGE IN LAW.

Operator reserves the right to terminate this plan in the event of a change in existing law as it pertains to the coverage’s provided for in this plan.

 

NONPAYMENT, DEFAULT.

In case of nonpayment or default by the Purchaser, Operator has the right to terminate this plan. Purchaser shall pay all costs of collection including reasonable attorney’s fees to Operator, whether suit is filed or not. In addition, interest at the rate of 1 1/2% per month will be assessed on any past due amounts owed by Purchaser until paid. This plan and any extension of the coverage period will be effective only upon payment of the charges as provided herein.NO ASSIGNABILITY. This plan is not assignable or transferable without the expressed written consent of the Operator. If Operator consents to a transfer of rights under this plan, a transfer fee may be required to be paid to Operator by assignee.

 

TERMINATION OF EXTERRA AUTHORIZED OPERATOR LICENSE.

If for any reason, Operator’s authorization to use Exterra is terminated, Operator reserves the right to either terminate this plan, replace Exterra with another termite baiting system or substitute another type of termite control product for Exterra. If Operator terminates this plan prior to an anniversary date, Operator will refund to Purchaser any unearned portion of payments made by Purchaser to Operator.

 

OWNERSHIP OF COMPONENTS.

Purchaser acknowledges that any components installed at the covered property by Operator for any purpose contemplated by this plan are and shall at all times remain the property of Ensystex, Inc. and that ownership of the components will at no time pass to the Purchaser. Purchaser authorizes Operator or its authorized representatives to retrieve any and all components from the covered property at any time, whether during the coverage period or after the coverage period expires.

 

SEVERABILITY.

If any part of this plan is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this plan shall remain in full force and effect.

 

GENERAL CONDITION

 

1.EXISTING DAMAGE:

Bug Zone is not responsible for the repair of either visible damage (noted on the attached Inspection 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, Bug Zone does not guarantee that the damage disclosed on the Inspection Graph represents all of the existing damage as of the date of this Agreement.

 

2.WATER LEAKAGE:

Water leakage in treated areas and leakage in interior areas or through the roof or exterior walls of the identified property, may destroy the effectiveness of Bug Zone’s treatment and is conducive to new infestation. Owner is responsible for making timely repairs as are necessary to stop the leakage. Upon completion of repairs by owner, Bug Zone will provide additional treatment to control infestation at owner's expense. If owner elects not to repair said defects or purchase the additional necessary treatment, then Bug Zone shall have no further obligation under this Agreement.

 

3.ADDITIONS ALTERATIONS:

This Agreement covers the property identified on the Inspection Graph as of the date of initial treatment. In the event the premises are structurally modified, altered or otherwise changed or if soil is removed or added around the foundation, owner will immediately notify Bug Zone and will purchase the additional treatment required by the changes incurred. Failure to do so will terminate this Agreement automatically. In the event of structure modification, Bug Zone also reserves the right to adjust the annual extension charge.

 

4.NOTICE OF CLAIMS ACCESS TO PROPERTY:

Any claim under the terms of this Agreement will be made immediately in writing to Bug Zone’s office. The Bug Zone is only obligated to perform under this Agreement provided the owner allows Bug Zone access to the identified property for any purpose contemplated by this Contract, including but not limited to re-inspection, whether the inspection was requested by the owner or considered necessary by Bug Zone.

 

5.DISCLAIMER:

A. Bug Zone liability under this Agreement will be terminated if Bug Zone 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, floods, quarantine restrictions or any other act of God or circumstances or cause beyond the control of Bug Zone.

B. This Agreement does not cover and Bug Zone will not be responsible for:

1. Damage resulting from moisture conditions, including but not limited to fungus damage and/or

2. Damage resulting from masonry failure or grade alteration.

C. This Agreement excludes. Coverage on Formosan termites (Coptotermes sp.).D. THE BUG ZONE, INC.

 

DISCLAIM ANY LIABILITY FOR SPECIAL, INCIDENTAL OR CIRCUMSTANTIAL DAMAGES. THE GUARANTEES STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER GUARANTEE OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

6.CHANGE IN LAW:

Bug Zone 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, Bug Zone reserves the right to revise the annual extension charge or terminate this Agreement.

 

7.NON-PAYMENT DEFAULT:

In case of non-payment or default by the owner, Bug Zone has the right to terminate this Agreement and reasonable attorney's fees and cost of collection shall be paid by owner, whether suit is filed or not. In addition, interest at the highest legal rate will be assessed for the period of delinquency.

 

8. ENTIRE AGREEMENT:

The Disclosure Statement and the Inspection Graph constitute the entire Agreement between the parties and no other representations or statements will be binding upon the parties.

 

9.ARBITRATION,

The owner and Bug Zone agree that any controversy or claim between them arising out of or relating to the interpretation, performance or breach of any provision of this Contract, shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association before three arbitrators appointed by the American Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. If any part of this provision or if this provision is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Contract shall remain in full force and effect. Claims relating to payment disputes shall not be subject to arbitration.