This Agreement includes all the terms and conditions on the first page above and as set forth below.
1. Contract Period. This Agreement is for 1-year which begins on the earlier of the date of the Customer’s signature above or the Initial Treatment Date (the “Effective Dates”). This Agreement renews annually for consecutive 1-year terms upon written approval by one of Turner’s Florida Department of Agriculture and Consumer Services licensed field inspector (the “Annual Renewal”). The “Contract Period” shall begin on the Effective Date and continues through each consecutive Annual Renewal thereafter. In any period when the Renewal Payment is not received timely or Turner does not approve the renewal, then this Agreement terminates immediately (except for Customer’s payment obligations and Customer’s obligations in Section 8.a. below regarding payment) and the Contract Period immediately ends.
2. Covered Structure (and Limitation on Covered Structure). The sole structure covered by this Agreement is generally identify on the first page and more specifically identified in the graph/drawing attached as Scheduled A (the “Covered Structure”).
a. In no circumstances will the Covered Structure include wood decks, steps, fences, walk-ways, any other wooden structures outside the foundation perimeter of the Covered Structure, plants, trees, flowers, shrubs, or other landscaping, regardless of physical attachment to or proximity to the Covered Structure.
b. Customer shall timely notify Turner of any additions or alterations to the Covered Structure without regard to whether the Customer intends to add such additions or alterations to the Covered Structure to this Agreement. Customer’s addition or alteration of the Covered Structure may result in the Customer being obligated to pay for additional TurnerGuard Services (defined in Section 4 below) regarding the Covered Structure, any additions or alternations to the Covered Structure, or both. Further, such additions or alternations to the Covered Structure may require, at Turner’s discretion, pretreatment of such additions or alternations which may result in addition fees or charges. Customer’s failure to obtained or permit pretreatment of such additions or alternations shall, at Turner’s discretion, limit Turner’s commitments and obligations in this Agreement, including but not limited those set forth in Sections 6, 7, & 9 below.
3. Covered Pests. The TurnerGuard Services (defined in Section 4 below) for the Covered Structure are provided only for roaches, spiders, subterranean termites, Formosan termite, carpenter ants, other ants (except as excluded in Section 9 below), stored product pests, commensal rodents, occasional invaders, wasps, fabric insects, psocids, fleas, ticks, flies, and as further detailed at https://turnerpest1c.wpengine.com/residential/turnerguard-pest-termite/ (collectively, the “Covered Pests”). See also Section 7 Exclusions and Section 8 Limitations below. Turner reserves the right, solely in its discretion, to include additional pests as Covered Pests upon Notice. Bedbugs are not Covered Pests during the first year of the TurnerGuard Services. Bedbugs become Covered Pests effective upon the Annual Renewal.
4. TurnerGuard Services. Turner commits to providing services for the Covered Structure regarding the Covered Pests, as follows:
a. Visual inspection of the Covered Structure for the Covered Pests;
b. Initial soil treatment around the immediate perimeter of the Covered Structure (unless Upgrade selected);
c. Interior and exterior initial treatment of the Covered Structure;
d. Soil retreatment, as determined by Turner, of the Covered Structure;
e. Annual full inspection of the Covered Structure;
f. Treatment of Bath traps and inspection covers installed, if applicable;
g. Triannual external inspection of monitoring system;
h. Application of snake repellant, at Customer’s request;
i. 24/7 SMART rodent control monitoring (“SMART Services”); and
j. Upon Notice additional TurnerGuard Services may be include, solely at Turner’s discretion.(collectively, the “TurnerGuard Services”).
5. TurnerGuard Services Retreatment Period. During the Contract Period Turner commits to providing the TurnerGuard Services described above for the Covered Structure. Turner may provide additional TurnerGuard Services as Turner, in its sole discretion, deems necessary at no additional charge to the Customer during the Contract Period.
6. Covered Repairs for Covered Structure (and Limitations of Covered Repairs). If activity by subterranean or Formosan termites (the “Termite Activity”, as defined in Section 6.d. below) causes physical damage to the Covered Structure during the Contract Period, which physical damage is reported to or discovered by Turner within 60 days of such Termite Activity, then Turner will perform an inspection and evaluation of such Termite Activity, provide a brief description of the actual physical damage to the Covered Structure caused solely by the Termite Activity, and provide the anticipated scope of repairs to the Covered Structure (the “Covered Repairs”).
a. Turner will pay the reasonable cost for the performance of the Covered Repairs (subject to this Agreement’s terms and conditions) as follows:
- Turner provided termite services for the Covered Structure during pre-construction, and there has been continuous Annual Renewal at all subsequent time, thus Turner will pay for the Covered Repairs (as detailed in this Agreement).
- Turner did NOT provide termite services for the Covered Structure during the pre-construction phase, or there has NOT been consecutive Annual Renewal, thus Turner will only pay for the Covered Repairs (as detailed in this Agreement) to the Covered Structure which have been caused solely by the current live infestation of Termite Activity.
b. In no circumstance will Turner pay for, or be obligated to pay for, any damages or repairs caused or necessitated, in whole or in part, by Termite Activity which occurred before the Initial Treatment Date or before the termite services provided during pre-construction.
c. In no circumstance will Turner pay for, or be obligated to pay for, any damages or repairs caused or necessitated, in whole or in part, by Termite Activity at any time other than the Contract Period.
d. The phrase “Termite Activity” shall mean the presence of live subterranean or Formosan termites with proper identification and verification by Turner, as well as visible evidence of damage present from the identified termites.
e. Notwithstanding any other duty, obligation, or commitment in this Agreement, Turner’s obligations, duties, or commitments under the Agreement shall not include payment for repair or replacement of any specially created, made, produced, or manufactured wall coverings, floor coverings, moldings, paneling, tile or other cosmetic work at or in the Covered Structure.
7. Turner’s Commitments & Warranty Regarding Covered Repairs for Covered Structure (and Limitations of Commitments & Warranty).
a. Turner may suggest an independent, insured, Florida licensed General Contractor, which the Customer may retain to perform the Covered Repairs (the “Contractor”). If the Customer elects to hire the Contractor to perform the Covered Repairs, Turner will instruct the Contractor of the scope of the Covered Repairs, on behalf of Customer. Further, on the Customer’s behalf, Turner will pay the Contractor in full for the Covered Repairs once the Covered Repairs have been substantially completed in a good and workmanlike manner. Turner’s payment to the Contractor for performance of the Covered Repairs will satisfy all the Customer’s obligations to the Contractor for the Covered Repairs. Likewise, Turner’s payment to the Contractor for substantial completion, in a good and workmanlike manner, of the Covered Repairs shall be deemed the full and complete satisfaction of, as well as release of, Turner’s commitments and obligations to the Customer for the Covered Repairs. Upon Turner’s payment Customer shall sign a complete release of Turner for all commitments, obligation, and duties regarding the Covered Repairs for the Covered Structure.
b. If Customer does not elect to hire the Contactor, and instead elects to retain a different Florida licensed and insured General Contractor (“Alternate Contractor”) to make the Covered Repairs, then Turner will pay the Customer for the Covered Repairs actually performed by the Alternate Contractor. The amount Turner will pay the Customer for the Covered Repairs shall not exceed Turner’s estimate for the cost of the Covered Repairs for the Covered Structure. Turner’s payment to the Customer for the Covered Repairs performed by the Alternate Contractor shall be deemed the full and complete satisfaction of, as well as release of, Turner’s commitments, duties, and obligation regarding the Covered Repairs for the Covered Structure under this Agreement. Upon Turner’s payment to Customer, Customer shall sign a complete release of Turner for all commitments, obligation, and duties regarding the Covered Repairs for the Covered Structure.
c. Turner shall have no obligation, duty, or commitment to repair, or pay for repair to, the Covered Structure or any other property except as explicitly set forth in this Agreement and as limited by this Agreement.
d. Turner will remain obligated as set forth in this Agreement for physical damages to the Covered Structure resulting from Termite Activity which exists but is not set forth in the Covered Repairs.
8. Customer’s Obligations to Turner. The Customer’s failure to fulfill any of Customer’s obligations under this Agreement shall, at Turners’ sole discretion (as may be permitted under applicable law), result in immediate termination of this Agreement and the Contract Period, which termination will result in waiver of any claim by Customer for refund of any amounts paid to Turner. In addition to the Customer’s obligations set forth elsewhere in this Agreement, Customer’s obligations are as follow:
a. Customer shall pay all fees and charges due under this Agreement on or before the due date. Additionally, if Customer fails make timely payment or otherwise cancels the TurnerGuard Services before the initial 1-year term ends then Customer shall be obligated and must pay all Turner fees as follows: There will be a charge of $300.00 for the Termite treatment and the remainder balance of the last service performed at property and this would be due at time of cancellation of services. If the customer downgrades the service within the first year, they will owe the $300.00 termite treatment and the remainder balance of the last service performed at property and this would be due at time of the downgrade and a new agreement will need to be signed.
b. Specific Terms and Conditions: This agreement is for the minimum of one (1) year. Customer acknowledges that service and payments will continue after the first year unless terminated by the Customer providing 30 days of written notice of cancellation. The Customer authorizes Turner Pest Control, LLC to debit either the Customer's credit card or bank account for a minimum of one (1) year. After the first year, the authorization of debits will continue and remain in full force and effect until Turner Pest Control, LLC has received 30 days written notice of cancellation from the customer to afford Turner Pest Control, LLC a reasonable opportunity to act on it. Turner Pest Control, LLC reserves the right to make any corrections to the account if an error occurs.
c. Customer shall cooperate fully with Turner during the Contract Period as is reasonable and customary to permit Turner to fulfill its commitments under this Agreement. This cooperation includes, but is not limited to, permitting Turner personnel and assigned professionals to fully inspect and evaluate the Covered Structure as Turner deems reasonably necessary for the TurnerGuard Services as well as inspection and evaluation with respect to any potential, actual, or observed Termite Activity, suspected or actual damages from such Termite Activity before the area of such Termite Activity is, in any manner, altered, destroyed, or repaired.
d. Customer shall notify Turner within 48 hours of any suspected, potential, actual, or observed activity by any subterranean or Formosan termite.
e. Customer shall maintain the Covered Structure free from any factors or conditions conducive, including Conducive Conditions (as defined in Section 10.b.i. below), to infestation or re-infestation by termites.
f. The Customer waives and holds Turner harmless (to the extent permissible under applicable law) from any existing or future claims arising from or relating to the TurnerGuard Services or Covered Repairs, except for a claim to enforce the terms and conditions of this Agreement.
g. The Customer waives and holds Turner harmless (to the extent permissible under applicable law) from all other direct, as well as all indirect, consequential, or punitive damages or expenses arising from or related to Turner’s performance of this Agreement.
9. Services, Pests, Property Excluded from TurnerGuard Services & Turner’s Commitments or Obligations.
a. This Agreement excludes all wildlife, pests, insects, rodents, wood destroying organisms, and arthropod that are not specifically identified as Covered Pests in Section 3, as well as any damage to the Covered Structure or Customer’s other property which excluded pests, in whole or in part, may have caused or have caused. These excluded pests would include, by way of non-comprehensive example, Caribbean crazy ants, Tawny crazy ants, raspberry ants, dry wood termites/powerpost termites (Calcaritemtes nearcticus, Crypototermes brevis, Crypototermes cavifrones, Incisitermes milleri, Incisitermes minor, Incisitermes schwartzi, Incisitermes snyderi, Kalotermes approximates) and related species, damp wood termites (Prorhinotermes simplex, Neotermes castaneus, Neotermes luykxi, Neotermes jouteli), arboreal/subterranean termites (Termitidae, Nasutitermes corniger), and related species, squirrels, raccoons, opossums, birds, bats, lizards, snakes, other animals, wood destroying organisms not specifically identified as Covered Pests including any boring beetles (Coleoptera, Bostrichidae, Lyctinae, Lyctus brunneus, Lyctus linearis, Lyctus planicollis, Bostrichidae, Bostrichinae, Heterobostrychus aequalis, Dinoderus minutes, Sobicia declivis, Anobiidae, Euvrilletta peltate, Xestobium rufovillosum, Hemicoelus carinatus, Anobium punctatum, Cerambycidae, Hylotrupes bajulus, Smodicum cucuhiforme, Arhopalu productus), fungi/brown rots (Serpula lacrymans, Fibroporia vaillantii, Coniophora puteana, Chaetomium spp., Ceratocystis spp., Kretzschmaria deusta, Chaetomium spp., Ceratocystis spp., Kretzschmaria deusta, Phanerochaete chrysosporium, Meruliporia incrassate - previously Poria incrassate), as well as, non-wood destroying organisms (Curculionidae, Scolytidinae, Curculionidae, Platypodinae, Buprestidae, Camponotus spp., Crematogaster spp., Xylocopa spp., Halicitidae, Megachilidae, Psocoptera, Mollusca, Bivalvia, Teredinidae, Teredo navalis, Ceratocystis spp., Ophiostoma spp., Stachybotrys chartarum, Cladosporium spp.), Surface Molds, Nail holes, Saw cuts, Water and urine stains, honey bees, yellow jackets, snakes, or other wildlife, and additional excluded pests as identified on https://turnerpest1c.wpengine.com/residential/turnerguard-pest-termite/, identified upon notice.
b. This Agreement excludes any infestations by Covered Pests or excluded pests resulting from Conducive Conditions (as defined in Section 10(b)(i) below).
10. Limitations on TurnerGuard Services & Turner’s Commitments or Obligations.
a. In no circumstance will Turner be obligated, have a duty, or be committed to make any payment under this Agreement which exceeds the lesser of the replacement cost of the Covered Structure or the value of the Covered Structure, up to a maximum of $500,000 for homes that Turner did not Pretreat and/or there has NOT been consecutive Annual Renewals. If Turner did the Pretreat and the home has had consecutive Annual Renewal Turner will cover up to a maximum $1,000,000.00 coverage within the guidelines of this agreement.
b. In no circumstance will Turner have obligations, duties, or commitments in this Agreement or otherwise arising by statute or in common law to pay for or provide any services or repairs to any of the following:
i. Any damage to or repairs to the Covered Structure that were in any way caused or contributed to, in whole or in part, by “Conducive Conditions”. Conducive Conditions means any circumstance that contribute to, cause, or create a condition or physical situation particularly susceptible to subterranean termites or Formosan Termites which Customer fails to remedy within 60 days after identification of such circumstance.
ii. Any damage to or repairs to the Covered Structure that were in any way caused or contributed to, in whole or in part, by Termite Activity that existed before the time of the Initial Treatment Date, or that was or has been hidden or concealed from Turner’s inspections identified in Section 4.
iii. Any repairs to the Structures that were in any way caused or contributed to by circumstances or conditions other than Termite Activity.
iv. Any area where stucco, coquina, Styrofoam, EIFS, exterior insulation finishing system, and any other material is applied in a manner conducive to infestation or is in direct contact with the ground.
v. Any area where moisture conditions conducive to infestation exist, such as but not limited to faulty plumbing, roof leaks, planter boxes or any other conditions that supply water to termites allowing them to survive above ground.
11. Miscellaneous Terms.
a. This Agreement and its attachments/schedules contain the entire agreement between Turner and Customer, and no other statements or representations are binding upon the parties. Further, in entering this Agreement, Customer has not, and is not, relying on any representation or statement that may have been made by Turner or any person representing Turner except as set forth in this Agreement. This Agreement’s terms and conditions may not be modified, altered, or changed by any Turner representative without written approval from Turner’s Corporate Office of such modification, alteration, or change. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES APPLICABLE TO THIS AGREEMENT EXCEPT AS EXPLICITLY SET FORTH HEREIN AND ANY
CLAIM RELYING UPON A WARRANTY NOT EXPLICITLY SET FORTH HEREIN IS HEREBY WAIVED BY THE CUSTOMER, INCLUDING BUT NOT LIMITED ANY IMPLIED WARRANTY, MERCHANTABILITY WARRANTY, OR WARRANTY FOR FITNESSS FOR A PARTICULAR PURPOSE.
b. Turner reserves the right to increase service fees regardless of payment terms or discounts applied. If customer wants a paper invoice there will be a $5.00 service process fee added per invoice. If customer pays a year in advance and receives a 3% discount and cancels within first year there is a $50.00 early cancellation fee for the discount that was given at time of sale.
c. Customer agrees to Turner sending Customer any and all communications, including billing, by automated call, email, or text message at the email address or phone number Customer provided to Turner, as recorded on the first page of this Agreement. Further, as used in this Agreement, the term Notice shall mean Turner sending Customer communication by automated call, email, or text message. If such Notice includes any alterations or changes in Turner’s duties, obligations, or commitments set forth in this Agreement, then such alterations or changes shall be effective upon 30 days of
Turner sending the Notice.
d. There are no third-party or non-party beneficiaries to this Agreement and Customer agreements to indemnify and hold Turner harmless from any claims by any third-party or non-party arising from the performance of this Agreement.
e. If the Covered Structure is sold or ownership is otherwise altered or changed, in any manner, during the Contract Period, then this Agreement is transferable to the Covered Structure’s new or additional owner(s) only upon (i) written approval by one of Turner’s Department of Agriculture And Consumer Service licensed field inspector, and (ii) Turner’s receipt of payment of a $150 transfer fee. Upon such approved transfer and receipt of the
transfer fee, the new or additional owner(s) of the Covered Structure shall be included as Customer.
f. In the event of a change in the existing law as it relates to this Agreement, Turner reserves the right either terminate this Agreement upon 10 days written Notice to the Customer (or as otherwise required by law), or to adjust the Renewal Payment, to amend the terms of this Agreement at the beginning of each Renewal Period, or both.
g. The law of the State where the Covered Property is located shall control this Agreement and any issues arising from the relationship established or existing under this Agreement, without regard to any choice of laws determinations. The venue for any dispute regarding this Agreement or the relationship arising from this agreement shall be solely Duval County, Florida. The parties to this Agreement waive any rights they may have to a jury trial for enforcement of this Agreement or regarding any dispute arising from the relationship commenced or arising from this Agreement of the negotiations thereof. If any provision of this Agreement or portion thereof is found unenforceable for any reason, then that unenforceable provision or portion shall be severed from this Agreement with no effect on the enforceability of the remainder of the Agreement.
h. CHEMICAL SENSITIVITY OF SPECIAL HEALTH CONDITIONS: If the Customer believes that the Customer or other occupants or visitors to the Covered Structure (a) are or may be sensitive to pesticides/termiticide or their odors; (b) be pregnant; (c) have other health conditions that may be affected by pesticides/termiticide or their odors, the Customer must notify a Turner Florida Department of Agriculture and Consumer Services licensed field inspector in advance of treatment, including whether the Customer or other occupants or visitors have consulted a medical doctor or other health care practitioner regarding such sensitivity or condition. Turner reserves the right, upon such notification, to deny or terminate the Agreement. Failure to provide notification constitutes the Customer’s assumption of risk and waiver of any and all claims against Turner in connection with such sensitivity or condition, as well as agreement to indemnify and hold Turner harmless from any claims by the Customer, other occupants of the Covered Structures, or visitors to the Covered Structure.
i. Turner maintains the insurance coverage required by the law in the jurisdiction where the Covered Property is located, and information about such required insurance coverage is available from Turner’s Corporate Office.
j. Turner shall not be held liable or in any way responsible or obligated to the Customer as a result of any failure to perform pursuant to this Agreement, if such failure arises out of a cause beyond the control or without the fault or negligence of Turner. Such causes may include but are not limited to acts of God, acts of a public enemy, acts of civil or military authority, events resulting in TurnerGuard Services or any portion of thereof becoming economic losses, governmental actions, unavailability of energy resources, system or communication failure, delay in transportation, fires, strikes, civil protests, riots or war, or contagions such as pandemics. In the event of any such cause then Turner may use commercial reasonable efforts to fulfill this Agreement without waiver of the provisions of this clause.
k. Turner maintains the insurance coverage required by the Georgia Structural Pest Control Act and Florida State Statute 482. Information about this insurance is available from Turner upon request.