Radon Testing Agreement

RADON TESTING AGREEMENT

This Agreement (“Agreement”) created by and between Healthy Habitat.org, a nonprofit 501(c)(3), and the undersigned client (“CLIENT”), collectively referred to herein as the “PARTIES.” CLIENT agrees to employ Healthy Habitat.org to perform a Radon Testing as set forth herein.

ADDRESS: The address of the property where the testing is to take place, and samples are to be collected from is located at address provided at the time of scheduling this appointment, either by online scheduling or through another form of communication.

TESTING FEE:  The fee for only the Radon Testing Report is $119.00 and is based on a single sampling of the property. The service to be provided is the sampling of Radon levels from the interior of the building.  Results to be provided to the Client within the following business day after the Radon testing equipment has been removed from the property.

**If testing results are measured to be greater than 4 pCi/L (picocuries of radon gas per liter of air), the report will show that the building has failed the testing as this amount is considered to be above the Environmental Protection Agency’s take action levels.   Failure of this testing will result in recommended action steps taking place to reduce/remove Radon gas from the home.  Inspector will only share the results of this testing with the individual/group/organization which has requested or paid for this this testing to take place, or those who have scheduled the testing.

CLIENT HAS READ AND AGREE TO THE ABOVE TESTING AND FEE, AND INDICATES DOING SO BY ACCEPTING THIS APPOINTMENT.

Payment will be made to contractor by invoicing client, VIA EMAIL OR THROUGH PAYMENT MADE AT TIME OF APPOINTMENT.

After payment has been received, and one day after the Radon testing equipment has been retrieved by Healthy Habitat.org, the Radon report will be made available to the client.

SCOPE: In order to provide sufficient Radon testing, the contractor may need to contact the property owner, or listing Broker if this testing is part of a real estate purchase transaction.  Contractor may need to explain to the homeowner/Broker what optimal conditions need to be present in the home in order to take accurate readings.  However, the contractor cannot guarantee that the home will meet the contractor’s requested requirements.  For this reason, we have installed movement indicators on our Radon machines, as well as temperature recording, which may alert us of any tampering that may take place during its use.  Should the machine record tampering, or irregular temperature levels, we will notify the client of such results in which case additional testing may be recommended. The testing will be performed in accordance with the Radon testing guidelines outlined by the EPA and the International Association of Certified Home Inspectors.

CLIENT HAS READ AND AGREE TO THE ABOVE PURPOSE AND SCOPE OF INSPECTION, BY ACCEPTING THE APPOINTMENT.

LIMITS OF THE RADON TESTING INSPECTION. The placement of the Radon machine is limited to the readily accessible areas of the property. THE TESTING AND REPORT ARE NOT A GUARANTEE OR WARRANTY that measured Radon volumes will remain consistent, or not increase, beyond the testing date.

TERMS AND CONDITIONS:

1. The Client recognizes that the Radon testing agreement and report are solely for the benefit of the Client and that any person or party designated by the Client to receive information in this agreement or the report shall be subject to the TERMS AND CONDITIONS contained herein. Such designation shall be provided in writing to the inspector. The report is not transferable and use or reliance upon the report by anyone other than Client is not authorized. Client agrees to indemnify and hold the Inspector or Inspector’s harmless from any damages, losses or claims brought against Inspector by third parties to whom Client has released the report in contravention of this Agreement, including reasonable attorney
2. The Client agrees that any claim arising in connection with this Agreement shall be made in writing to the Inspector by certified mail with return receipt requested, within 10 days after discovering any
3. The Client agrees to allow the contractor to reinspect before changing the condition of the problem, except in an emergency. Failure to allow the inspection company the opportunity to re-inspect, as required above, shall constitute a waiver of any and all claims Client may have against the
4. The Client agrees that this Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such changes or modifications are in writing and signed by the parties and supported by valid
5. This inspection and report are not a substitute for any transferor’s or agent’s disclosure that may be required by law, or substitute for Client’s independent duty to evaluate property prior to closing the

LIMITATION OF LIABILITY AND ARBITRATION AGREEMENT.

It is understood and agreed that Healthy Habitat.org is not an insurer and that the Radon testing and report are not to be intended or construed as a guarantee or warranty of the adequacy, performance or condition of any structure, item or system at the property address. The Client hereby releases and exempts the contractor and its agents and employees of and from all liability and responsibility for the cost of repairs. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from, or related to, this contract or arising out of, from or related to the Radon testing for the Radon report shall be submitted to final and binding arbitration under the rules of the state in which the inspected property is located. The decision of the Arbitrator appointed thereunder shall be final and binding Judgment on the Award may be entered in any Court of competent jurisdiction.

ACKNOWLEDGEMENT: I, the CLIENT, have carefully read the preceding Agreement and Description and BY ACCEPITNG THIS APPOINTMENT fully understand and agree with the limitations, exclusions and terms described.