Site Environmental Inspection & Remedial Consulting Service Terms & Conditions 1 - Company agrees to conduct a limited environmental inspection, a comprehensive study and/or perform environmental testing to a structure upon request and to provide Client with a written opinion as to the general environmental condition of the structure and/or components and mechanical systems, including identification of significant environmental deficiencies as they exist at the time of inspection or testing. Company agrees to perform all tasks in a manner consistent with applicable standards and/or most current guidelines. 2 - Client understands that the Scope Of Work and final Conclusions & Recommendations Report(s) are performed and prepared for the client's sole, confidential and exclusive use. Therefore, Client agrees that will not transfer or disclose any part of the final report to any other person with these exceptions ONLY: (a) prospective seller(s) and/or buyer(s) of the property but only upon the express condition that the seller(s) covenant to use the inspection report only in connection with Client’s transaction, and agree not to transfer or disclose the report to any persons other than their real estate agent, and (b) one copy may be provided to an agent representing Client and/or a bank, insurance firm or lender for use in Client’s transaction only. Client agrees to indemnify, defend and hold harmless Company from any third party claims relating to an inspection scope of work or its final Conclusions & Recommendations Report. 3 - Neither Air Tech International Corp. nor any of it's directors, strategic partners or employees will be liable for damages arising out of or in connection with the services provided, no information provided by our employees, or manufacturer's literature sometimes enclosed in our packaging should be construed as a claim or representation that the products used or services provided are intended for the diagnosis, cure, mitigation, treatment or prevention of any disease/medical condition. Only a licensed medical provider and/or certified industrial hygienist can do this and you should contact such a practitioner if you have any doubts or have a medical condition due to ongoing or persistent environmental problems. 4 - Client agrees to assume all the risk for all conditions which may exist in any area excluded from inspection. General maintenance and other items may be discussed but will NOT form a pan of the inspection final report. The following areas/items are among those NOT included in the inspection scope of work:
5 - Client understands that unless specifically noted, the inspection final report does not constitute a warranty for any particular purpose, expressed or implied, or insurance policy. 6 - The written final report to be prepared by Company shall be considered the final and exclusive findings of Company of the structure and its environmental condition. Client understands and agrees they will not rely on any oral statements made by the Specialist or Inspector prior to the issuance of the written report. Client further understands and agrees Company reserves the right to modify the final report for a period of time that shall not exceed forty five (15) days after the final report has first been delivered to Client. 7 - Client understands and agrees that any claim arising out of or related to any act or omission of Company in connection with the environmental inspection and/or testing results of the structure and its surroundings, as limited herein, shall he made in writing and reported to Company within ten (10) business days of discovery. Client further agrees to allow Company to re-inspect the claimed discrepancy, with the exception of emergency conditions, before Client acts or hire independent contractors to repair, replace, alter or modify the claimed discrepancy. To the extent allowed by law, Client understands and agrees that any failure to notify Company as stated above shall constitute a waiver of any and all claims Client may have against Company. 8 - To the extent allowed by law: It is understood and agreed by and between the parties hereto that Company and its officers, agents or employees; LIMITATION OF LIABILITY for errors or omissions in the final report is limited and fixed to a refund of one third the fee paid for the services provided only. Client understands that an environmental inspection scope of work and final reports LIMITATION OF LIABILITY is recommended by Company, since in most cases a comprehensive evaluation of a property may also require the expertise of the following specialists: Roof, Electrical, Heating & Air Conditioning, Plumbing, Foundation, Fireplace & Pool (as applicable), Geotechnical and Structural Engineers, in addition to the Environmental Inspector, from which additional fees may apply. 9 - Client understands that a site environmental inspection or testing may include destructive examination or dismantling, and cannot be performed unless specifically authorized. Client understands the company shall not be liable for post inspection repairs to the property upon conclusion of the above described tasks. Therefore, Air Tech International Corp. requires an inspection agreement to be signed by Client prior to performing any work. 10 - Client understands and agrees that any legal action of any kind that may involve the services of Company, including response to a subpoena to appear in any court of law as a witness in relationship to the services that were provided shall be considered additional consulting services. Therefore, Client agrees to pay for any additional consulting fees, traveling and/or any other related expenses. |
