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TERMITE TREATMENT GUARANTEE, I
Location of property:
Street Address 1987 8th St Ln SE
Legal Description Residence
Date of Treatment 12/17/03
Chemical Used Bora Care
Method of Application S
Soil Treatment Applicator Cornelius Mack
License No, 1307PW
City and State Hickory, NC
Builder CRAFT HOMES USA
In
% Title
The applicator guarantees that the structure has been treated on the above designated
property and that the chemical used on the treatment, its concentration, rate, method and
location complies in every respect with state regulations, The applicator further agrees that,
11ff#1ATQW__M of the date of treatment in the building or
the designated property, without cost to the property owner, the applicator will retreat the
soil in accordance with North Carolina state specifications. The applicator further agrees to
repair all construction damage by termites within the one-year builder's warranty period.
if, during the term of this guarantee, additions or alterations are made which effect the
structure and create new termite hazards, or interfere with the chemical protective barrier,
this guarantee will become null and void,
By
Title MANAGER
Date Tuesday, February 17, 2004
PEST CONTROL, INC
P, 0. Box 242307
Charlotte, NC 28224
(704) 522-9222
2/17/2004 9.22 AM FR(aM: Fax B,Iack r_ -97: c,-q,t:L-o1, 114C, 'ro. I R28-324--2008 PAGE: 003 OF 003
TERMS AND CONDITIONS
DISCLAIMER: Black Pest Control disclaims any liability for and the purchaser expressly waives any claim for and discharges and releases Black Pest
Control from responsibility Linder the terms of this Guarantee 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 Black Pest Control.
This Guarantee does not cover and Black Pest Control will not be responsible for damage resulting from
I.any and all damages resulting from termites and/or any other wood destroying or ganism except as specifically provided for her ern.
2,moisture conditions, including but not limited to fungus damage and/or water leakage caused by faulty plumbing, roofs, gutters, downspouts, and/
or poor drainage.
3.masonry failure or grade alterations.
4,inherent structural problems, including but not limited to wood to ground contact.
5fermites, entering any rigid foam, Dryvit, stucco, wooden or cellulose containing component in contact with the soil and the structure, regardless of
whether the component is a part of the structure or not.
6.the failure of the purchaser upon notice from Black Pest Control to promptly correct at the purchaser's expense any condition which prevents proper
treatment or inspection or is a condition conducive to termite infestation.
7,failure by the purchaser to allow Black Pest Control access deemed necessary by Black Pest Control shall terminate this Guarantee without further notice,
8,any areas of the structure which is/was inaccessible for inspection and/or treatment.
9. the removal and/or replacement of insulation, floor coverings, or permanently -affixed objects (i.e. equipment, cabinets, etc,) should their removal
be necessary to have access for treatment.
DAMAGE REPAIR LIMITATION: Black Pest Control is not responsible for any repair or replacement of damage to the structure unless arranged for
by Black Pest Control or authorized to be performed in its entirety in writing by an officer of Black Pest Control and any other unauthorized repair and/
or replacement will automatically terminate the liability of Black Pest Control for the repair or replacement of any such damage to the structure without
further notice,
CHANGE IN LAW: Black Pest Control reserves the right to terminate this Guarantee in the event of a change in existing law as it pertains to the coverages
provided for in this Guarantee .
SEVERABILITY: If any part of this Guarantee is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Guarantee
shall remain in full force and effect.
ARBITRATION: The purchaser and Black Pest Control agree that any controversy or claim between them arising out of or relating to the interpretation,
performance or breach of this Guarantee or to the treatment of or rendering of services to the listed property in any way, whether by virtue of contract,
tort, or otherwise, shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the commercial arbitration rules then
in force of the American Arbitration Association, The arbitrators) shall be bound by rules of substantive law and shall not be bound by the 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 Guarantee. Therefore, the award shall not, and the arbitrator shall not
have the power or authority to hold Black Pest Control responsible for (a) the repair or replacement of any termite damage to the listed property other than
to arrange for the necessary repairs or replacement of new termite damage as described in the Guarantee, (b) loss of anticipated rents and/or profits or quiet
enjoyment, (c) direct, indirect, special, incidental, consequential, exemplary or punitive damages, (c) damages or penalties relating to or arising out of
any claim alleging any deceptive trade practices, or (e) attorney fees. 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 fees and expenses incurred by the arbitration and
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 state the reasons upon which the award was based, including all the elements involved in the calculation of any award of damages.
The decision of the arbitrators shall be final and binding resolution of the disagreement which may be entered as a judgement by any court of competent
jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration
provision or of the arbitrator's decision and a party violating this provision shall pay the other party's costs, including but not limited to, attorney's fees,
with respect to such suit and the arbitration award shall so provide.
ENTIRE AGREEMENT: This agreement contains the whole agreement of the parties, and no covenant, agreement, or representation, oral or written,
expressed or implied shall limit, modify, or qualify the terms of this Guarantee or its provisions, unless endorsed hereon, and signed by one of the officers
of Black Pest Control, Inc. This Guarantee shall not become valid unfil such time.
Black Pest Control, Inc.
Charlotte, NC