Mosquito
Control
Flea
Control
Pest
Control
- Termite
Control
Professional
Carpet Cleaning and Restoration
770-986-7810
Email
us a question
We are
one of the few companies willing to actually publish our termite
contract to the web. Below is a copy, with a few notes
highlighting strong points. Please note that termite contracts
are NOT industry standard, and will vary from one termite control
company to the next.
Read the terms
and conditions of our termite contract below.
Strengths to consider as you read:
There is no
deductible in our contract. The deductible on a termite
company's general liability insurance is typically one of their primary
financial
exposures. Many companies attempt to pass this exposure on to the
consumer, which in our opinion, is somewhat less than stellar termite
control coverage, as it alleviates the termite control company of
incentive to perform a professional termite treatment.
There is no stated
limit of liability in our contract. This is
intentional. Many termite companies offer $5000, $25,000, or even
$250,000 of termite damage protection. In reality, it would be
very difficult for termites to ever cause $250,000 of damage to a
residential structure, and the possibility of $1,000,000 of damage
being done to a structure that only cost $800,000 is ZERO, right?
So the point of offering such a high limit is somewhat pointless.
We have $2,000,000 / $1,000,000 limits on our liability policy,
however, we have left our contract open ended as a strength to the
consumer. A termite contract is a "Contract of adhesion", which
basically means that any unsettled terms of the contract will always
fall in favor of the consumer. In legal terms, this means that if
we say, "We will repair all damages", that we will then be responsible
for all damages.
Google
"Contract of adhesion" if you do not
understand what this means.
Clause 4 - 10 Year
Contract - The initial twelve months, with 9 additional years to renew.
(See bold print below) - Many termite
companies only offer contracts that cover 5 - 7 years. Be sure to
find out how long you will be able to maintain coverage with your
termite treatment.
Clause 4 - Escalator
clause limiting annual increases (See bold print below) -
Unfortunately, one effective means that the termite industry has found
to get out of liability that is no longer wanted is to price the
consumer out of their protection by indiscriminately increasing the
annual renewal fee each year. Under our contract, the renewal fee
is frozen for 3 years. This is actually pretty industry standard,
however, the question that needs to be asked is, "What happens when the
freeze period ends?" Are there any protections in place to
prevent a 100% increase? Unfortunately, many a homeowner has
found themselves staring at huge increases with no answers as to
why. In our contract, we've taken the additional step to limit
future increases with our contractual provisions, assuring you that any
increases will be legitimate and related to increases in our cost of
doing business.
Clause 14 - Money
Back Guarantee (See
bold print below) - We believe this to be the only guarantee of its
kind, and certainly the first in the industry. Scroll below to
read the exact wording of this unbelievable incentive. We aren't
just going to tell you we'll treat your house properly - we provide
additional assurance with the strongest termite contract in the
industry. Try to find another termite company willing to back up
their claims with such a consumer friendly guarantee.
(Below you will find the back of our
contract. In other words, the fine print everyone warns you
about. AKA, the important stuff. Please take the time to
read thru this information, and compare it to the coverages offered by
other companies. We are confident you will see that our contract
really is the most consumer-friendly termite contract in the
industry. Please don't be afraid to call if you do not understand
what a particular clause means. Not everyone is an attorney.)
GENERAL
CONDITION OF WARRANTIES
By
specific reference hereto the purchaser understands that the General
Conditions
of Warranties are hereby made a part of this agreement and apply
without
exception. Here forward, the phrase
“the company” shall be used to replace Fleabusters Rx for Fleas
Southeast,
Inc., and shall apply to any company that should acquire the rights to
this
contract from Fleabusters Rx for Fleas Southeast, Inc.
1.
The
company warrants that it has treated the described premises for control
of subterranean
termites and/or other wood destroying insects as authorized on the
service
agreement, and that this work has been performed in a good and
workmanlike
manner.
2.
THERE
ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED EXCEPT THOSE STATED HEREIN
AND
SPECIFICALLY THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR
A PARTICULAR PURPOSE.
3.
If
at any time, additions or alterations are made to the described real
property
the homeowner is obligated to notify the company of
said additions or alterations. Any
additions or alterations to the described real
property, which in
the opinion of the company, constitute a subterranean termite hazard of
a
hazard affecting any other treatment warranty, such additions or
alterations
must be corrected by the owner and/or serviced at the expense of the
owner by
the treating company or this warranty shall immediately become null and
void. Failure on the company’s part to
notice additions or alterations during reinspection does not release
owner from
obligations. The company reserves the
right to adjust the annual renewal fee due to such additions or
alterations.
4.
The
warranty is provided for an initial term of twelve months from date of
completion of work. The warranty may be
renewed annually thereafter for up to nine additional years by
making
payment
to the termite company of the renewal fee and PROVIDED FURTHER that the
company
shall have the right to increase the renewal fee after the first three
years
(the initial twelve months, plus two renewal periods) and annually
thereafter
by giving written notice to the purchaser and/or owner in advance of
the annual
renewal date. However, in no event
shall the average annual increase, if any, be greater than 10% or more
than the
annual rate of inflation (as measured by the Consumer Price Index),
whichever
is greater. (You won't find this escalator clause
in many termite contracts) Failure to pay said renewal
fee on or before the anniversary of the original treatment shall void
this
warranty without privilege of reinstatement.
5.
The
company shall have the option, but not the duty, to periodically
reinspect the
treated property at any time during which the treatment warranty is in
effect.
6.
The
specific warranties and/or conditions of retreatment or retreatment and
repair
apply only with the respect to each warranty indicated on the face of
the
service agreement.
7.
There
are no other agreements or promises between the parties other than
those
expressed herein.
8.
The
company’s liability shall be terminated should we be prevented from
fulfilling
our responsibilities under the terms of this warranty by reasons of
acts of
war, whether declared or undeclared, acts of any duly constituted
government
authority, strike, acts of Nature or refusal of the customer to allow
the
termite company access to the premises for reinspecting or carrying out
the
terms and conditions of this warranty.
9.
Any
claim for breach of any warranty shall be made forthwith in writing to FLEABUSTERS – P.O. Box 1141 – MARIETTA,
GA 30061.
10.
No
suit shall lie hereunder unless the provisions in Paragraph 9 have been
complied with and unless brought within one year after making written
demand.
11.
Rigid
Board Insulation Provision. Rigid Board
Insulation foam board, and similar materials such as polystyrene and
polyisocyanurate (hereinafter collectively referred to as “RBI”) are
conducive
to infestation by wood destroying organisms when installed at or below
soil
grade. RBI can provide a pathway for
wood destroying organisms into structures. Many
times RBI is hidden and not detectable due to
coverings such as
stucco and siding, or when RBI is in between joints, walls, or
foundations. The presence of RBI in
structures makes it difficult and sometimes impossible to control
infestations
by wood destroying organisms. If RBI
exists in the structure covered by the agreement, the company will use
its best
efforts to control subterranean termites pursuant to its subterranean
termite
retreatment agreement. However, the
company will not be obligated to continue to retreat the structure once
it
becomes apparent to the company that RBI is preventing its treatments
from
effectively controlling subterranean termites at the structure. In no event will the company be responsible
for infestation or damage that occurs due to RBI.
12.
Chemical
Sensitivity: The company applies all
chemicals according to the manufacturer’s instructions, however, if
anyone
entering the premises is sensitive to chemicals or chemical odors, the
company
shall have no liability for side effects caused by chemicals or
chemical odors.
13.
The
Georgia Structural Pest Control Act requires all pest control companies
to
maintain insurance coverage. Information
on this coverage is available from this
pest control
company.
14.
Money
Back Guarantee. In the event a new
active termite infestation with live verified termites is discovered
during the
period covering annual renewal years 2 thru 4, the company will refund
the
initial treatment cost paid to the company by the original purchaser of
this
contract, upon written request by the original purchaser. The
company will still be liable to honor
all other applicable terms and conditions of this contract after
issuing a
refund under this provision. This
provision does not limit the company’s future obligations or
liabilities.
This provision is null and
void if the
property owner does not adhere to any of the terms and conditions of
this
contract. This provision becomes void
upon transfer of ownership of the property to an owner other than the
original
purchaser of this contract. This
provision does apply to Powder Post Beetle Warranties.
CONDITIONS OF
TERMITE
RETREATMENT & REPAIR WARRANTY
1.
The
company warrants that there will be no further termite infestation
within one
year from the date of completion of work. However,
in the event termite infestation and
subsequent damage does
occur during the term of this warranty or any renewal period thereof,
the
company will perform any necessary retreatment and repairs without
additional
charge, subject to the General Conditions of Warranties.
2.
It
is understood and agreed that the termite company shall not be liable
for the
repair of any damage which previously existed as of the date of the
initial
treatment, including all visible damage, damage which may exist in
unexposed
areas of the structure or damage in areas which are inaccessible to
visual
inspection, or damage caused by the infestation active on the date of
this
contract. Damage discovered after the
date of the initial treatment with no verified live and active termite
infestation shall be deemed to have been caused before the date of
treatment.
3.
The
company cannot guarantee that damage disclosed as a result of any
visual
inspection of the premises (and which may be indicated on any graphs
and
specification sheets) represents the entirety of the damage which may
have
existed as of the date of the original inspection and/or initial
treatment.
4.
It
is further understood that moisture in the premises above the ground
from such
sources as roof leaks, gutter leaks, and plumbing leaks could support a
termite
colony and therefore, it is the responsibility of the owner to correct
any such
condition(s) and therefore, the company, shall have no responsibility
for
retreatment or repairs of any infestation which is caused by any such
moisture
conditions.
5.
The
company shall be responsible for repair to the subject premises only
when made
with the approval and under the supervision and control of the company. Repair shall be limited to new damages only
and in no event shall the company be responsible for any consequential
damages,
it being expressly agreed and understood that it is contemplated by the
parties
that this warranty be strictly limited to cost of repair.
(Click here to learn more
about our Termite Treatments)
770-986-7810
Free
Consultation and Estimates
Call
or use the link above to send us an email.
Your
message will be received and a call returned within the hour.
Mosquito
Control
Flea
Control
Pest
Control
- Termite
Control
Professional
Carpet Cleaning and Restoration
©2005
Fleabusters
Pestex. Chattanooga Pest Control & Termite Bonds Company of Georgia.