Termite Agreement Terms

COMPANY REPRESENTATIONS, OBLIGATIONS AND WARRANTIES

1. All treatment materials will be applied to conform to product labeling.
2. This Agreement covers the Structure(s) (see attached graph) identified herein as of the date of the initial service. Exterior fences, decks, lattice, supports, stairs, landscape timbers, and RR ties are excluded.
3. Cingo reserves the right to periodically re-inspect the structure(s) at any time (during normal business hours) during the effective term of this Agreement.
4. Cingo warrants that there will be no further subterranean ("termite") infestation including Formosan termites. However, in the event termite infestation does occur during the plan, Cingo will perform any necessary repairs and retreatment without additional fees, subject to any other provisions in this agreement. Damages caused by pests other than termites are not covered by this plan.
5. Damage with LIVE SUBTERRANEAN TERMITES must be present and verified by Cingo's representative after the date of treatment. Damage discovered with no verified live and active termite infestation shall not be repaired. It is to be understood that termite damaged areas of the structure(s) may have existed in exposed and hidden areas as of the date of initial installation and/or initial treatment and that Cingo assumes no responsibility to repair these pre-existing damaged areas.
6. Cingo shall be responsible for repairs to the Structure(s) only when made with the approval and under the supervision and control of Cingo.
7. Repair shall be limited to new damages only and in no event shall Cingo be responsible for any consequential damages. It is expressly agreed and understood that this warranty is strictly limited to cost of repairs.
8. Areas of direct earth to wood (including pressure treated) contacts such as siding, trim, decks, porches, posts, stairs, lattice, fences, landscape timbers, crossties, etc. are excluded from provisions for the repair of termite damage.
9. Aerial infestations are not covered by the aforementioned damage repair warranty, as aerial infestation indicates a moisture or water intrusion issues. If found, Cingo may offer additional treatment options for an additional fee if the conducive condition is remedied..
10. In the event of termite damage to wall coverings (including, but not limited to, "wallpaper" or other decorative items attached to a wall for purposes of decoration). Cingo will repair only those portions of the wall covering(s) that have incurred actual damage from termites.
11. Repair of termite damage to wooden floors (i.e. "Hardwood Floors", whether solid or engineered wood) shall be limited to the individual pieces of flooring that have incurred actual damage from subterranean termites. Should such a repair be impractical (determined at the sole discretion of Cingo management), Cingo shall not pay more than $2,500.00 of the cost to repair any portion(s) or area(s) of the flooring that has not incurred actual damage from termites.
12. Replacement costs shall be limited to the following: Door $2,500; Window $1,000; Molding & finishes $2,000.

CUSTOMER REPRESENTATION AND OBLIGATIONS

1. Prior to initial visit, the Customer agrees to notify Cingo in writing regarding allergies, respiratory conditions and/ or other sensitivities of individuals or animals located at physical address that may be aggravated by an application. This, and any other notice may be sent to customercare@cingohome.com.
2. The Customer will notify Cingo in writing prior to (a) the structure being structurally modified, altered, or otherwise changed, or (b) soil is removed or added around the foundation. Failure to correct or notify Cingo of the events listed above may void this Agreement. Repair damage coverage may be suspended by Cingo as a result of any of the events listed above and additional services because of any addition, alteration, or other change may be provided by Cingo at the Customer's expense and may require an adjustment in the plan fees. Failure of Cingo's representatives to notice the points listed above during periodic inspection does not release Customer from stated obligations.
3. The Customer warrants full cooperation with Cingo during the term of this Agreement, and agrees to correct, at the Customer's expense, any factors contributing to infestation, such as wood, trash, lumber, or other cellulosic materials (including construction elements) in direct wood-soil contact, standing water, faulty grades, or other conditions conducive to termite infestation. The customer understands rigid board insulation, foamboard and other similar materials such as polystyrene and polyisocyanurate (collectively referred to as RBI) may exist in visible or hidden areas of the structure(s) and that RBI's are conducive to infestation, particularly in areas below grade and/or subject to moisture penetration. The Customer agrees to correct, at the Customer's expense, any RBI discovered in the Structure(s) below grade and/or retaining moisture. Failure of the customer to cooperate may void this Agreement.
4. It is further understood that moisture in the Structure(s) above the ground from sources such as roof, gutter, or plumbing leaks, improperly sealed door, window and exterior trim, or penetration in Exterior Insulation Finish Systems, RBI or other construction could support termite colonies and therefore, it is the responsibility of the Customer to correct, at the Customer's expense, any such condition(s). The Customer agrees that Cingo shall have no liability for treatment of infestation or repair of damage caused by infestation sustained by above ground moisture condition.

GENERAL TERMS & CONDITIONS

1. If the customer is not completely satisfied with Cingo service and results, Cingo will attempt to resolve at no additional cost or at customer's request will refund monies paid.
2. This Agreement is transferable to a subsequent owner of the property at no cost provided that all fees are paid on a consecutive, timely basis from the date of this Agreement, that notice is given to Cingo, and that all appropriate and necessary information of new owners is provided.
3. If fees are not paid as agreed within 30 days of when due, a late fee of 1.5% of the unpaid balance will be added to the unpaid balance each month. The Customer shall become liable for the cost of collection, including but not limited to a reasonable attorney's fee, if collected by law or through an attorney. Checks or bank drafts not honored will be charged a return fee of $30.
4. This Agreement shall constitute the entire agreement and there are no other promises, warranties, or agreements, express or implied, except as contained herein. Specifically, there are no implied warranties of merchantability or fitness for a particular purpose.
5. The obligation of Cingo under this Agreement is conditioned upon Customer's payment in full of the fees as set forth and failure to pay the same in full may cancel this Agreement in its entirety and discharge Cingo of any obligation and any amounts paid shall become the property of Cingo.
6. The monthly fee is due on same day each month as date of this Agreement. The fees may be adjusted after the 3rd year by providing notice to the Customer.
7. This Agreement may be terminated should Cingo be prevented from fulfilling its responsibilities under the terms of this Agreement by reasons of acts of war, whether declared or undeclared, acts of duly constituted government authority, strike, acts of God, natural disasters or refusal of the Customer to allow Cingo access to the property for the purpose of carrying out the terms and conditions of this Agreement.
8. Any dispute, other than one relating to the collection on account, arising out of or relating to the Agreement or the services provided under this Agreement or tort based claims for personal or bodily injury or damage to real or personal property shall be finally resolved by arbitration administered under the commercial arbitration rules of the American Arbitration Association. This Agreement involves interstate commerce; furthermore, Cingo and the Customer agree that the Federal Arbitration Act shall control their mutual rights and obligations and the conduct of any arbitration proceeding. The award of the arbitrator shall be final, binding, non-appealable and may be entered and enforced in any court having jurisdiction in accordance with the Federal Arbitration Act. The arbitrator shall not have the power or authority to certify class actions and shall not award exemplary, treble, liquidated, consequential or any type of punitive damages.
9. If any provision or covenant of this Agreement is held by any court to be invalid, illegal or unenforceable, either in whole or in part, then such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of the remaining provisions or covenants of this Agreement, all of which will remain in full force and effect.

FEDERAL AND STATE REGULATORY TERMS & CONDITIONS

1. In accordance with the Fair Business Practices Act of 1975, and the rules of the Federal Trade Commission, 16 C.F.R. 429, Customer may be entitled to a three (3) day right of cancellation.
2. The Georgia Structural Pest Control Act requires all pest control companies to maintain insurance coverage. Information about this coverage is available from this pest control company.
3. Electronic Communication Acknowledgement Statement. In accordance with state regulations, pest control companies have a responsibility to provide you with a record every time a pesticide product and/or pest system is applied. This record is required to be provided to the property owner, resident, or custodian of the property. This record may include post-application precautionary information. Licensed and regulated by the Georgia Department of Agriculture, 19 Martin Luther King, Jr. Drive, Atlanta, GA 30334 (404)656-3641. Customer understands and requests that pesticide use records be provided or made available to him/her electronically.
   

Notice of Right to Cancel

You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned with TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to Cingo, P.O. Box 891, Dublin, Georgia 31040 NOT LATER THAN MIDNIGHT OF

SPCC" Notice 22-01

Issued: 02-08-22