ANTICIMEX CAROLINAS FAMILY OF BRANDS TERMITE WARRANTY TERMS AND CONDITIONS

Updated March 27, 2025

First year builder warranty coverage:

Within the first year of your home purchase, please refer to the service records provided by your builder at the time of closing. After the first year and once payment has been accepted by Anticimex Carolinas, LLC, the service terms and conditions outlined below will apply.

 

Pest/Termite Service Commitment

Anticimex Carolinas, LLC will, during the term(s) of this Agreement, in exchange for the payment, subject to the Terms and Conditions, in accordance with all applicable laws and guidelines, and in compliance with the state’s regulations, inspect the graphed structure, install the Termite Monitoring and Baiting System bait stations in the soil around the perimeter of the structure, inspect, replenish and replace the bait in the stations as appropriate. Chemical spot treatment found to be necessary for continued control of live pest activity, shall be made at no additional cost to the holder. Noncovered Pests including, but not limited to: Fire Ants, flying insects, Argentine Ants, wood destroying insects, termites, bed bugs, mosquitos, ticks, fleas, carpenter bees, clothes moths, powder post beetles, wood borers, snakes, ornamental pest, rodents unless appropriate coverage is selected, and lawn services art not covered unless the appropriate coverage is selected. Pest control does not cover control of insects within the yard, unless specifically stated above. The holder is responsible for reporting any live activity to Anticimex Carolinas, LLC within seven (7) days of discovery.

Pest/Termite Retreatment Commitment

During the term of this Agreement, and subject to the graph and Terms and Conditions, Anticimex Carolinas, LLC will provide treatment to areas of the structure in which live ground-borne native eastern subterranean termites (Reticulitermes flavipes spp.) are discovered provided: (a) the termites are discovered after the date of this Agreement and during the Agreement term, (b) all fees have been paid on a timely basis, (c) the Agreement does not provide protection against Aerial termite infestations, Drywood termites (Kalotermes, Cryptotermes, Incistermes), Western Drywood (Incisitermes minor), Formosan Subterranean termites (Coptotermes formosanus) or any other wood destroying organisms such as Dampwood termites, Old House Borers, Powder Post Beetles, or wood-destroying fungi and (d) Purchaser has met all other Obligations as stated below. Anticimex Carolinas, LLC cannot guarantee termites will not appear or return. During the term of this Agreement, any further Termite Monitoring and Baiting System treatment or targeted conventional product application found necessary by Anticimex Carolinas, LLC to control termites or pests covered under the agreement will be performed free of charge, except as noted below.

Termite Repair Commitment

During the term of this Agreement, and subject to the graph and Terms and Conditions, Anticimex Carolinas, LLC will repair, replace, pay for or reimburse Purchaser for new actual termite damage to the structure, as described on the graph drawn at the time of the date of this Agreement, including structural components, floor/wall coverings, and contents, provided: (a) Anticimex Carolinas, LLC sees live ground-borne native eastern subterranean termites (Reticulitermes flavipes spp.) and new* actual termite damage after the Agreement date, and during the term of this Agreement, (b) all fees have been paid on a timely basis, (c) Anticimex Carolinas, LLC verifies the damage before alteration, removal or destruction and authorizes the repair and cost thereof, and (d) Purchaser has met all other obligations as stated below. Subject to the Terms and Conditions of this Agreement, Anticimex Carolinas, LLC offers full replacement and repair of actual termite damage only, up to $1,000,000. Cost of replacement or repair of exterior coverings removed for exploratory purposes by customer without Anticimex Carolinas, LLC prior consent is not included in this warranty unless said exterior material also sustained actual termite damage. *“New damage” is defined as actual termite damage caused by ground-borne native eastern subterranean termites (Reticulitermes flavipes spp.) subsequent to the date of this Agreement. If live termites are not discovered, the damage will not be considered “new” and will not be covered. Therefore, visible, or hidden damage existing prior to or at the time of the Agreement will not be covered. Because such damage may be present in areas inaccessible to visual inspection, other damage may exist beyond that indicated on the graph. However, if the structure has been under a continuous Agreement with Anticimex Carolinas, LLC from the date of the original construction, covered termite damage will be considered “new” damage.

Specific Exclusions

(a) If Formosan Subterranean termite (Coptotermes formosanus)damage or live Formosan Subterranean termites (Coptotermes formosanus) are found in the structure at any time, the structure is not eligible for a Damage Warranty. Your home will be covered for an infestation Warranty.

(b) Damage existing in areas that were enclosed or inaccessible at the time of the initial treatment, including but not limited to: areas concealed by wall coverings, floor coverings, ceilings, furniture, equipment, appliances, stored articles, or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure. Because damage may be present in areas which are inaccessible to a visual inspection, Anticimex Carolinas, LLC does not guarantee that the damage disclosed on the diagram represents all of the existing damage as of the date of this Agreement. Diagram is not drawn to scale.

(c) Damages resulting from treatment methods required to fulfill the terms of this Agreement, including but not limited to the chipping and cracking of masonry surfaces.

(d) Damages to underground/hidden utilities including electric, water, irrigation, phone, and gas lines, unless clearly marked by the customer or its representative prior to any

treatment, including subsequent treatments as a result of re-infestation.

(e) Damages to any moisture control systems including crawlspace encapsulation and/or systems installed to control moisture in the crawlspace using machinery and/or vapor blocking material fastened to the Structure or ground in the area(s) requiring treatment. (f) Costs incurred for removal and reinstallation of any moisture control system necessary to properly administer retreatment including but not limited to crawlspace encapsulation components.

Purchaser’s Understanding of the Performance of the Termite Monitoring and Baiting System

Purchaser understands the following: The Termite Monitoring and Baiting System involves inspection, installation of the stations, monitoring for termite activity, colony reduction or elimination with bait (which prevents worker termites from molting) and subsequent monitoring and baiting. Several months or more should be expected between installation and colony reduction or elimination. During that time, termite feeding within the structure should be expected to occur, causing additional structural damage. Additional services such as targeted termiticide and above-ground bait stations are available to combat termite activity on a localized, short-term basis.

Ownership of Termite Monitoring and Baiting System Components

All Termite Monitoring and Baiting System components are and will remain property of Anticimex of the Carolinas. Purchaser has no rights to the components, other than the right to their use as installed under this Agreement. Upon termination of this Agreement, Purchaser shall allow Anticimex Carolinas, LLC to retrieve the components for appropriate disposition. NOTE: The Termite Monitoring and Baiting System has NO residual effect and infestation is possible after the removal of the bait or the stations. If Anticimex Carolinas, LLC ceases to use the Termite Monitoring and Baiting System, Anticimex Carolinas, LLC will offer Purchaser the alternatives of using a different system of termite protection (if available) or discontinuing this Agreement without further responsibility, obligation, or liability. Purchaser agrees to grant Anticimex Carolinas, LLC reasonable access to the premises for retrieval of the components. Annual inspections of the stations by Anticimex Carolinas, LLC is a necessary part of the system’s defense against termites. Your home will not be adequately protected by Termite Monitoring and Baiting stations only without inspections and replenishment of bait as needed.

Term and Renewal

Subject to its Terms and Conditions, this Agreement will be in effect for 12 months from the date of execution, subject to Purchaser’s obligations, and continue by mutual consent thereafter by timely payment of the fees. On that basis, the Agreement will be renewed automatically and continuously unless Purchaser fails to fulfill the obligations herein or gives notice of non-renewal at least 30 days prior to the next scheduled service. Customer acknowledges a cancellation fee equaling the remaining contract value will be enforced for any contract canceled prior to the first term of the agreement and customer agrees to pay the individual prices of the services rendered minus payments already applied towards the agreement. Prior to termination, both parties shall be entitled to cure any deficiency of performance or payment within 30 days of being notified of deficiency. Fees will not be prorated should the Service Agreement be canceled. Anticimex Carolinas, LLC reserves the right to adjust the Renewal fee after the first year. Entering into this Service Agreement does not obligate Anticimex Carolinas, LLC to agree to requests for other services.

Equipment; Data; Intellectual Property Rights

  1. Anticimex Carolinas, LLC Equipment remains the property of Anticimex Carolinas, LLC unless explicitly agreed otherwise in the Agreement.
  2. The Customer shall be responsible for safeguarding Anticimex Carolinas, LLC Equipment. Without limiting the foregoing, the Customer shall reimburse Anticimex Carolinas, LLC for the cost of any Anticimex Carolinas, LLC Equipment which is damaged, lost or destroyed as a result of the Customer’s actions or omissions.
  3. Anticimex Carolinas, LLC is entitled to enter the Property and repossess Anticimex Carolinas, LLC Equipment upon the expiration, cancellation, or termination of the Agreement.
  4. Some Anticimex Carolinas, LLC Equipment have an integrated system where Data (including information regarding the use and performance of the Anticimex Carolinas, LLC Equipment, such as but not limited to equipment failures, observations of equipment performance, measurement data, sensor levels) is stored automatically. Such Anticimex Carolinas, LLC Equipment may digitally send, upload, communicate or transmit Data to Anticimex Carolinas, LLC for use by Anticimex Carolinas, LLC. All Data relating to the Service is owned by Anticimex Carolinas, LLC. Anticimex Carolinas, LLC may use Data for any purpose including but not limited to provide and manage the Service, statistical purposes, development of the Service, Anticimex Carolinas, LLC Equipment and other Anticimex Carolinas, LLC products or services, research, and marketing. To the extent that personal data of Customer’s users is included in the Data, Anticimex Carolinas, LLC will not share or disclose personally identifying information of Customer’s users except as required to provide the Service and to comply with applicable laws.
  5. All Intellectual Property Rights in, the Service, Data and/or Anticimex Carolinas, LLC Equipment is and remains the property of Anticimex Carolinas, LLC (and its licensors). If the Customer provides Anticimex Carolinas, LLC with ideas, comments or suggestions relating to the Service and/or Anticimex Carolinas, LLC Equipment all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, services, methods, enhancements, modifications or derivative works), are owned solely by Anticimex Carolinas, LLC and Anticimex Carolinas, LLC may use or disclose the feedback for any purpose. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from Anticimex Carolinas, LLC to the Customer.
  6. For the purposes of this Section “Service” means the services to be provided to Customer by Anticimex Carolinas, LLC under this Agreement. If stations have been damaged, moved or removed, the guarantees and warranties contained herein shall be void until stations have been replaced by Anticimex Carolinas, LLC. Anticimex Carolinas, LLC reserves the right to charge a reinstall fee per Termite Monitoring and Baiting station if stations are missing or damaged.

Reinspection

Anticimex Carolinas, LLC will perform a visual inspection of the Structure(s) at least every 12 months or at intervals determined by Anticimex Carolinas, LLC. The inspection will be of any readily accessible areas only.

Anticimex Carolinas, LLC will not open walls, remove floor coverings or move furniture.

Claims

Any claim pertaining to the services provided by Anticimex Carolinas, LLC pursuant to this Service Agreement shall be made in writing to Anticimex Carolinas, LLC during the term of this Agreement.

Access to Property

Customer hereby grants Anticimex Carolinas, LLC service specialist access to the property for the purpose of performing periodic services as described above. If customer is unavailable to provide Anticimex Carolinas, LLC service specialist access to the property for a regularly scheduled service, the specialist will service the available part of the property, and customer will be charged the regular service fee. Customer may then schedule another appointment for service, if necessary, at no additional cost to customer.

Resale Issuance

Upon Purchaser’s sale of the property, this Service Agreement will cancel, and the remaining value of the contract will be due. Anticimex Carolinas, LLC may, at its sole discretion, issue a new Service Agreement to subsequent owners, charge a processing fee, increase the Renewal Fee, and alter all or part of the Terms and Conditions.

Agreement Alteration and Severability

This Agreement constitutes the parties’ complete Agreement, and it may not be altered oral or otherwise, without prior written and signed consent of both parties. If any part of the Agreement is held to be invalid or unenforceable, the authorized remaining Terms and Conditions shall remain in full force and effect. Failure of Anticimex Carolinas, LLC to enforce any provision of these terms and conditions shall not constitute waiver of any provisions herein.

Prior and Supplemental Treatment Applications

The efficacy of this Termite Monitoring and Baiting System may be diminished by the use of products with repellent characteristics. Therefore, Purchaser must alert Anticimex Carolinas, LLC before signing this Agreement of the existence of such known treatments. Any application of termiticide made to the structure during the term of this Agreement by an entity other than Anticimex Carolinas, LLC renders this Agreement voidable by Anticimex Carolinas, LLC. To immediately address a known termite infestation, Anticimex Carolinas, LLC may provide conventional treatment or install above-ground bait stations to mitigate termite damage. These measures are not detrimental to the system’s effectiveness.

Insurance

Anticimex Carolinas, LLC shall maintain general liability insurance, automobile liability insurance and Worker’s Compensation insurance. Purchaser shall maintain all risk extended property damage coverage for Purchaser’s personal and real property, including materials for performance of this Agreement. Purchaser’s policy shall include coverage for fire, natural disaster, Acts of God, and other casualty, physical loss or damage, theft, vandalism. Purchaser shall not make a claim against Anticimex Carolinas, LLC for a loss, damage, liability, or cost which is covered by said insurance. Certificates of insurance will be provided upon request.

Disclaimer/Exclusion/Limits of Liability

(a) If Formosan termite (Coptotermes formosanus) damage or live Formosan termites (Coptotermes formosanus) are found in the structure at any time, the structure is not eligible for a Damage Warranty. Your home will be covered for an infestation Warranty.

(b) Damage existing in areas that were enclosed or inaccessible at the time of the initial treatment, including but not limited to: areas concealed by wall coverings, floor coverings, ceilings, furniture, equipment, appliances, stored articles, or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure. Because damage may be present in areas which are inaccessible to a visual inspection, Anticimex Carolinas, LLC does not guarantee that the damage disclosed on the diagram represents all of the existing damage as of the date of this Agreement. Diagram is not drawn to scale.

(c) Damages resulting from treatment methods required to fulfill the terms of this Agreement, including but not limited to the chipping and cracking of masonry surfaces.

(d) Damages to underground/hidden utilities including electric, water, irrigation, phone, and gas lines, unless clearly marked by the customer or its representative prior to any

treatment, including subsequent treatments as a result of re-infestation.

(e) Damages to any moisture control systems including crawlspace encapsulation and/or systems installed to control moisture in the crawlspace using machinery and/or vapor

blocking material fastened to the Structure or ground in the area(s) requiring treatment.

(f) Costs incurred for removal and reinstallation of any moisture control system necessary to properly administer retreatment including, but not limited to, crawlspace encapsulation components.

(g) Repair and replacement warranty of termite damage to hardwood floors is limited to the area of actual termite damage. Because of the nature of hardwood floors, Anticimex Carolinas, LLC may be unable to match the existing floor. Therefore, Anticimex Carolinas, LLC can only guarantee as close as a match as reasonably possible.

(h) Structures with synthetic stucco (E.I.F.S.) or other siding materials which retain moisture are expressly excluded from this Agreement and its warranties and Anticimex Carolinas, LLC shall not be responsible for treatment, replacement, or repairs of such structures.

(i) Structures with existing foam insulation or encapsulated crawl spaces may not qualify for the warranties herein and may render the warranties voidable at the discretion of Anticimex Carolinas, LLC. If Purchaser installs spray foam insulation in crawl spaces and/or attics or encapsulates the crawl space, thereby rendering these areas inaccessible to inspection as determined by Anticimex Carolinas, LLC, the Service Agreement and its warranties become VOIDABLE at the discretion of Anticimex Carolinas, LLC. Anticimex Carolinas, LLC will not be responsible or held liable for any damages arising from or related to infestations that result due to the inability to inspect areas of the structure due to spray foam insulation in crawl spaces and/or attics or encapsulation of crawl spaces. It is Purchaser’s duty to inform Anticimex Carolinas, LLC of spray foam installations and/or crawl space encapsulations prior to such work being performed. Anticimex Carolinas, LLC will not be responsible for the cost of removing or replacing foam for treatment or repair. Additional costs to Purchaser may apply.

(j) The structure was not inspected or treated for the presence or absence of health-related molds, mildew, or fungi. Anticimex Carolinas, LLC is not qualified, authorized or licensed to inspect for

health-related molds, mildew, or fungi. If Purchaser seeks such information, Purchaser should have the structure inspected by a licensed structural expert or industrial hygienist.

(k) Anticimex Carolinas, LLC will take every effort while performing its work to avoid damaging Purchaser’s property, plants, and animals. Purchaser should understand utility pipes and lines (water, gas, irrigation, sewer, heating, electrical, etc.) may be hit when drilling for subterranean termites. If a utility pipe or line is hit and damaged, the total expense will be the responsibility of Purchaser. See Purchaser’s Obligations above.

(l) Anticimex Carolinas, LLC reserves the right to adjust the Renewal Fee or terminate this Agreement and its responsibilities and liabilities hereunder, should Anticimex Carolinas, LLC be hindered or prevented from fulfilling its obligations by circumstances reasonably beyond its control, including, but not limited to, Acts of God, war, terrorism, changes in laws or regulations, strikes, embargoes, shortages or increased costs of fuel or materials or Purchaser’s failure to cooperate with the services Anticimex Carolinas, LLC deems appropriate. Anticimex Carolinas, LLC shall be excused for delay beyond its reasonable control.

(m) Anticimex Carolinas, LLC shall have no responsibility or liability for side effects, injury or illness caused by the manufacturer’s product or products’ odor, or bites or stings from insects, spiders, rodents, beetles, or any other wildlife. Upon request, Anticimex Carolinas, LLC will provide Purchaser a copy of the applicable product label.

(n) Additions or alterations to structure: Customer will notify Anticimex Carolinas, LLC, in writing within three (3) days after the Structure(s) is modified, altered or otherwise changed, or if soil is removed or added. Additionally, Customer will promptly notify Anticimex Carolinas, LLC, in writing, following any other physical disturbance of the soil resulting from storm, flooding, or other occurrence. Such additions or disturbances may result in the need for additional treatment of the premises at Customer’s expense and may alter the annual renewal fee. Additions or alterations made without a supplemental treatment and agreement by Anticimex Carolinas, LLC, void this Agreement, and all re-treatment and damage repair expenses will be the responsibility of the Customer.

(o) Conditions conducive to infestation: Customer warrants full cooperation with Anticimex Carolinas, LLC during the terms of this Agreement and agrees to maintain the area(s) treated free from any factors contributing to infestation, such as wood, trash, lumber, direct wood-soil contact, cellulose debris, or standing water under pier-type structure. Customer also agrees to notify Anticimex Carolinas, LLC of and to eliminate faulty plumbing, leaks, and dampness from drains, condensation or leaks from the roof or otherwise into, onto, or under the treated areas. Anticimex Carolinas, LLC reserves the right to terminate this Agreement if Customer fails to correct any condition, including, but not limited to the conditions listed above, which contribute or may contribute to infestation. Anticimex Carolinas, LLC is not responsible for any damage caused to the Structure(s) as a result of any conducive conditions. Failure of Anticimex Carolinas, LLC to note herein any of the above conditions to Customer does not alter Customer’s responsibility under this paragraph, or waive Anticimex Carolinas, LLC right to terminate this Agreement.

Choice of Law

This Agreement shall be constructed and enforced in accordance with the laws and regulations of the State in which the structure is located as they exist at the time this Agreement is executed. Should any law or regulation change regarding the services or treatment provided by Anticimex Carolinas, LLC hereunder, Anticimex Carolinas, LLC may take the necessary steps to comply. Customer and Anticimex Carolinas, LLC agree that any controversy or claim between them rising out of or relating to this Agreement will be settled exclusively by arbitration in the state of North Carolina, except that Anticimex Carolinas, LLC reserves the right to sue Customer in a court of law for any amount due Anticimex Carolinas, LLC from Customer. Such ARBITRATION will be conducted in accordance with the commercial arbitration rules, then in force, of the American Arbitration Association. The arbitration award will be final and binding on both parties. Judgment upon such arbitration award may be entered in any court of competent jurisdiction. The arbitrator will not have the power or authority to award exemplary, treble, liquidated or punitive damages.