This agreement will outline the relationship by and between SOS Environmental LLC, (“SOS”) and (“CLIENT FIRST NAME/ CLIENT LAST NAME”) who will hereafter be referred to as our, (“Client”). This agreement is intended to outline and delineate our responsibilities with respect to any services provided for our Client, now or in all future engagements, which include, but are without limitation to; Mold inspections, consulting, Remediation coordination, Certifications, or general inspections, indoor air quality assessments, etc. or any services that that we may perform for you now or in the future on your behalf as our client.
Client warrants that Client will read this agreement carefully and completely, and that by agreeing to the terms and conditions in this contract agrees to be bound by all of the terms and conditions of this agreement, including but not limited to any and all limitations of liability expressed in this contract. Client acknowledges its Obligation to immediately read all reports and information
Should provisions of this contract be unenforceable the remaining provisions and portions of this agreement shall remain in full force and effect without regard thereto. Please see our section entitled “severability” should questions exist in this regard.
Client acknowledges that it has been advised that no field agent, inspector, industrial hygienist or other party has authority to alter the terms and conditions of this agreement in any fashion or for any reason whatsoever and that SOS will only be engaged for its services pursuant to this entire agreement as enforceable by applicable law. Client is advised should it allow SOS to initiate its investigation on the subject premises, in any fashion, on behalf of Client, that such investigation and its findings, are specifically subject to, and expressly provisional upon all of the enforceable terms and conditions of this agreement including the warranties provided for herein with regard to our work product. No altered provision of this contract will be accepted in any fashion by SOS.
Work product of SOS:
Our work product performed under this agreement is intended for the sole benefit of Client; provided, however, that Client hereby authorizes SOS in its sole and complete discretion, to provide a copy of our work product(s) to any third party it may so desire. Any use of any of our work product, whether either in oral or written form by any third party other than by our Client is at that parties sole risk. Further no rights of our Client in connection with the engagement of SOS are assignable or transferable to any third party; whether in contract, economic, copyright or otherwise to any other party. No transfer of rights whatsoever shall be granted by SOS except if specifically provided in writing by SOS with its prior consent; However, such consent is rarely if ever granted and Client should be so advised.
Client agrees to read all information provided in a timely fashion and report deficiencies:
Client further understands and agrees that Client will promptly read any and all inspection reports, work products provided to Client, and any results provided by SOS. Client agrees that it will promptly notify SOS of any deficiencies Client may have noted in connection with our investigation. Client agrees and has been advised that time is of the essence in these types of situations and that from moment to moment conditions may change; specifically if the conditions that caused the issues to be present are not mitigated. Client agrees that it will notify SOS within 48 hours of its becoming aware of any deficiencies, errors and omissions in any work product of SOS. If such notification of a deficiency, of any kind, is not properly given to SOS within 48 hours from the delivery of its work product, then except as provided for under law, client waives any rights to make any claims against SOS for such deficiencies.
The nature of mold investigations and remediation:
Given the nature of the work and the nature of the subject matter involved, discovering any and all conditions that may lead to microbial growth is difficult if not sometimes impossible. Accordingly, Client acknowledges that while SOS may make its best efforts to discover any hidden areas of mold contamination, such areas may be undetected despite the best efforts of SOS. The collection of samples from the air does not guarantee that hidden issues will be discovered. SOS may not recommend the collection of air samples during an initial investigation, however this would be based on our professional opinion regarding the structure. While any tools that may assist in determining the indoor air quality of the premises may be useful, air samples in and of themselves are interpretive and typically inaccurate. Air samples collected during any investigation are done so at an additional cost.
Our Terms of Service:
Engagement not intended for litigation unless otherwise specifically contracted for:
Senior Staff time $575 per hour 4 hour minimum Hygienist staff time $250 per hour 4 hour minimum Office staff support time $75 per hour,4 hour minimum and .75 per page duplication fee and document production.
Further and for clarity, if SOS is required, in any way whatsoever, to be an evidentiary or percipient witness, in any capacity, including but without limitation to, deposition, deposition preparation time, document production, evidentiary testimony, percipient witness testimony, travel time to and from any deposition or court, time document production, preparation time for any of the aforementioned, Client agrees to pay in advance of SOS’s required appearance or required performance of any such services the fees associated with the service required or subpoenaed.
SCOPE OF INSPECTION
The inspection covered by this agreement will be performed in accordance with accepted industry standards for microbial investigations to determine the potential presence of microbial amplification with a standard of care commensurate with the circumstances and the client individual sensitivities. Client acknowledges that it has been advised both by this document and also by an SOS representative that most microbial contamination is not readily visible and, as such, not readily detectable by visual inspection only; even for a trained professional investigator or industrial hygienist skilled in such matters. Microbial contamination is usually hidden from view in areas such as wall cavities, crawl spaces, attics and eves, etc., which are inaccessible without invasive testing. Often times in connection with real estate transactions, such contamination has been cosmetically or otherwise disguised. Therefore, no assurance can be made whatsoever that any microbial contamination that may be present in any area of the subject premises will be detected with any absolute certainty. Even if detailed follow-up microbial sampling is performed, invasive or otherwise, at or in the structure, there can be no assurance that these tests will uncover the presence or full extent of microbial contamination that may exist or that these investigations or tests will uncover any or all microbial contamination that may exist within a structure.
Failure by SOS to Detect Mold
Client acknowledges that it has been advised that typically it is not uncommon in structures that exhibit water damage and or visual microbial contamination that while certain areas may be easily or otherwise initially identified, after remediation efforts initiate that other and more expanded areas of contamination are discovered to exist. Client acknowledges that it has been advised this by SOS and that should microbial contamination be discovered in a particular area or areas, that this may not be the full extent of all microbial contaminants present in the subject premises. Many factors can affect the accurate outcome of such tests and the accurate ability to detect microbial contamination. Accurate testing for microbial contamination, as previously mentioned, is highly dependent in some circumstances on the preparation of the structure prior testing as well as other factors beyond the control of SOS. Client acknowledges that it has been advised of this fact and that Client bears full responsibility to ensure that structure is made ready for microbial sampling as per SOS’s specific guidelines prior to our inspection. Client acknowledges it has been advised by this document that there are no established state or federal requirements or guidelines regarding acceptable exposure levels for microbial contamination. In indoor air quality assessments the level of contaminants aerosolized inside a subject premises is usually compared and contrasted to the composition and concentrations of microbial particulates found in the ambient outdoor environment. Using this methodology therefore SOS is evaluating the composition of samples collected outdoors to those samples collected in different areas inside a subject premises. Accordingly Client acknowledges that it has been advised, that outdoor air samples collected in similar locations, at similar times may indeed vary dramatically in their composition and concentration of spores observed. Accordingly, therefore should indoor air quality assessments be based upon comparisons between indoor and outdoor spore composition and concentrations, these results may be somewhat inaccurate. Client is advised therefore that in order to accurately assess the inside concentrations of non-viable spore counts relative to those found routinely outdoors, that it may be necessary to collect multiple samples as control or baseline measurements from the outdoor ambient environment. Client is hereby further advised that non-viable air samples are inherently subjective in their analysis and interpretation. Various factors make that laboratory analysis substantially subjective rather than empirical. This is to say that there are many factors in analyzing samples that would cause the reporting of that data to vary, from analyst to analyst and even from lab to lab; some of these discrepancies can be significant in their variation and interpretation. Factors, including but without limitation to, area of slide analyzed, method of analysis, the debris count and background debris present on the slide, site conditions that cause false positives, and more contribute to the inaccuracy of non-viable air sample data. Viable air samples are a bit more reliable in this regard, however not entirely. Further Viable samples only account for those mold spores that are viable or living, not for non-viable or dead spores. As dead spores can in fact be more harmful than live ones (see Mayo Clinic article re this), for this reason we do not discount non-viable sample collection methodology. Viable samples take time and cost a lot of money relative to non-viable samples; as much as two weeks’ time in some cases to analyze. As well different spore type specie and genera need to be grown on different media. Hence substantially more samples need to be collected simply to analyze the same space and data. Typically however this is not a cost effective practice. Client acknowledges that it has been advised that comparing indoor air quality to limited baseline data could lead to inaccurate conclusions regarding the indoor air quality of the subject premises.
All microbial samples collected are typically from random or suspicious areas. SOS does not warrant in any fashion to Client that it has collected samples from the correct location, nor that the locations of samples collected represents accurately all of the potential microbial contamination inside the residence. This is especially true in the collection of clearance samples. It is standard industry practice to collect microbial samples in preliminary, follow up or clearance assessments in connection with making visual observations about the conditions of the site at the time of investigation. Accordingly it is not only impractical, but not cost effective to collect surface samples from every available surface. This applies to any and all types of investigations and sample collection. Accordingly, Client has been advised by SOS and acknowledges that SOS will in connection with its engagement of Client collect random samples from suspicious areas inside the areas that it has been instructed to investigate. Accordingly and specifically with regard to clearance sampling, SOS will collect what it believes, in its sole discretion, and opinion, are representative areas of the conditions. Typically if not almost the case, we will not likely be permitted to collect sufficient samples to make an absolute determination that all areas are clear and free from contamination. Alternatively SOS will make clearance assessments based upon random samples that may not be sufficient to accurately and sufficiently or correctly sample the available surface areas or air composition of a given area. Our findings with respect to any investigation, sample analysis, or work product on behalf of client, is limited therefore by the available sample data.
SOS may take digital photographs of the subject property and structure, however SOS is under no obligation to retain such photographs in its computer systems or on any storage device unless specifically Client contracts for such storage requests and paid for in advance.
THE MICROBIAL INSPECTION AND ANALYSIS REPORT IS NOT A WARRANTY, GUARANTY, INSURANCE POLICY OR A SUBSTITUTE FOR ANY DISCLOSURE STATEMENT THAT MAY BE REQUIRED BY LAW OR OTHERWISE. SOS DOES NOT BY THIS CONTRACT OR BY ITS ENGAGEMENT PROVIDE ANY ASSURANCE THAT MICROBIAL CLEARANCE OF THE SUBJECT PREMISES WILL BE ACHIEVED, OR THAT THE RECOMMENDATIONS IT MAKES WILL RESULT IN ELIMINATING ALL MICROBIAL CONTAMINATION PRESENT IN THE STRUCTURE THAT MAY AFFECT THE INDOOR AIR QUALITY OF THE SUBJECT PREMISES. FURTHER, SHOULD ANY WATER INTRUSION WHICH HAS RESULTED IN MICROBIAL CONTAMINATION IN A STRUCTURE NOT BE ERADICATED, THE CONTAMINATION WILL LIKELY RETURN. CLIENT ACKNOWLEDGES THAT IT HAS BEEN ADVISED.
Client is advised that surfaces that have previously supported microbial amplification (growth) will likely support re-growth of contaminants. Microbial growth can take as little as 48 hours from the introduction of moisture onto the building surfaces.
OUTSIDE THE SCOPE OF INSPECTION
Client understands and acknowledges that the following areas are outside the scope of the inspection to be performed by SOS: Any area that is not exposed to view is concealed or is inaccessible because of, but not limited to; soils, walls, floors, carpets, ceilings, furnishings, or any other thing is not included in this inspection. This includes but is without limitation to areas that are obscured by contents, or require moving contents in order to accurately evaluate. SOS is not responsible for moving any contents or items such that it will make any area accessible for inspection. Therefore any area that contains any items that would obscure any visual inspection is therefore deemed inaccessible from view. The inspection does not include any destructive testing or dismantling unless such testing is specifically agreed upon and authorized in advance in writing based upon recommendations made by the SOS’s inspector or otherwise arranged for by SOS and Client. Client agrees to assume all the risks for and relating to any and all conditions and areas that are concealed or otherwise inaccessible at the time of inspection. This includes but is without limitation to any areas obscured from view by any contents of residence as set forth above. No representation will be made of or with regard to any equipment, mechanical or otherwise, piping, wiring, roofing materials, deck surfaces, paint, stucco, waterproofing, etc., all of which are strictly outside of the scope of the investigation to be performed. This inspection is limited only to addressing potential environmental concerns specific to mold and microbial contaminants, within the structure that may be present at the time of the inspection. This inspection specifically excludes any statement as to any aspect of the structure that is not directly related to the potential presence of microbial contamination.
Sources of visible microbial growth that are discovered from possible water intrusions will be discussed in our report. However, the specific cause or source of such intrusions is outside the scope of our responsibility within the investigation. Although we may include a description of possible water intrusion in our report, such inclusion is meant to be a definitive finding of causation, extent, age or other factors relating to such water intrusion, which may be discussed. Should we identify a source of water intrusion, which could lead to possible microbial contamination, Client is advised that it should take necessary steps to eliminate such water intrusions immediately prior to attempting to eradicate any microbial contamination that may be present. Should water intrusions not be eliminated, microbial amplification will either continue or return if superficially removed.
Whether or not they are concealed, the following are;
OUTSIDE THE SCOPE OF THIS INSPECTION:
SOS will inspect the attic or overhead space or understructure of the home if readily accessible to our field investigator and if in their sole discretion, presents easy and readily available access, does not risk personal injury, or in their sole discretion does not present a hazard to either the structure or the investigator. Such determinations are in the sole discretion of the investigator on site, and may or may not be the same determinations that other like inspectors may make. Under certain circumstances investigating attics and under structures will be done at an additional cost to Client, such costs to be detailed to Client at the time of the investigation. SOS’s inspector is an environmental home inspection generalist, Industrial Hygienist or other like individual specifically trained in, and tasked to look for potential microbial contamination and potential microbial growth, including the likelihood of the presence of the same. SOS’s inspector is not acting as a licensed engineer, home inspection specialist or expert in any trade or craft other than acting in the specific function of inspection for potential microbial contamination. Should your inspector recommend consulting other specialized experts, Client must do so at Client’s sole expense and Client acknowledges that SOS is under no such obligation to provide such services to client. Should any agent, employee, investigator, industrial hygienist make any statement, express any opinion, put forth any recommendation in this regard, all such statements, conclusions, representations are made outside the scope of this investigation and Client acknowledges that no warranty either express or implied is given to such information. Any use that Client makes of this information, is at the Clients sole risk and responsibility.
CLEARANCE ASSESSMENT LIMITATIONS
Our opinions are therefore based upon both our visual observations and laboratory data pursuant to our samples collected at the site of areas we define, in our sole opinion and discretion, that are available for clearance assessment or testing. Typically in connection with our clearance assessments we collect two types of samples:
· Surface Samples: typically collected from representative portions (certain areas only) of surface areas that directly underwent remediation (i.e. sanding, cleaning and disinfecting, scrubbing, re-surfacing etc.. The areas that we collected samples from are defined as readily and directly available for observation. Typically sample locations for surface samples are selected based upon any of the following and/or a combination of; visual indications, noticeable staining, perceived areas of remaining growth, areas that appear to raise potential concerns or areas that previously contained growth that we want to demonstrate no longer are supporting growth. Accordingly, Client is advised that SOS will collect representative surfaces samples only from the remediation area(s). We will NOT collect samples from all available surfaces inside the containment area(s). Collecting surface samples from all surface areas inside the containment(s) would be extremely expensive, time consuming and is not the typical practice of any industrial hygiene company nor SOS. Alternatively, SOS believes that representative sampling of surfaces inside containment provides the best cost-effective method to determine if surface contamination likely remains on sampled surfaces. The sampling method employed is not completely accurate in all cases and can result in providing us with false negatives in some cases. It is possible for a “stud-bay” or particular area to be clean and free from microbial contaminants, while the adjoining “stud-bay” or adjoining area in a wall for example contains growth (not readily visible to the naked eye), however present none the less. In such a situation based upon surface sample(s) collected we would conclude that the microbial amplification had been removed from a given area, however microbial contamination would likely remain. Accordingly, our clearance assessment in this case (with respect to surfaces would be inaccurate). It is possible that air samples collected from this area would pick up any stray or aerosolized contaminants and lead us to believe that further abatement is necessary, failing the containment area. However there is no guarantee that air samples would identify such a situation. If a Client wishes for us to test all of the surfaces inside a given area, this type of intensive surface sampling can be performed and Client should inform us PRIOR to commencement of any clearance testing.
· Air Samples: Air samples are typically collected inside the containment area(s) as well as control sample(s) representing the outdoor ambient air in and around the premises. All criteria of evaluation for our comparison of indoor spore specie, composition, genera and total counts to our control samples collected are listed in our section outlining our air sampling methodology. Air samples are not collected typically outside of containment areas unless specifically requested and paid for by Client prior to the commencement of any clearance assessment. Accordingly, we cannot nor will we issue any opinion on the potential for cross-contamination inside the subject property as a direct, indirect, proximate or secondary result of any clearance activities inside the residence. Nor are we providing any opinion in regards to the general composition, spore counts or microbial amplification of any air space outside of the containment(s) areas in the home. Client acknowledges by the receipt of this report that it has been advised, if there are any concerns with regard to the areas inside the home (air space) outside of the containment area(s) then client should engage us to perform air sample tests in other random areas. Should concerns exist regarding such matters then Client can arrange for us to collect samples from other areas inside the home.
Declarations about remediation activities and waterproofing measures:
Should we be engaged to coordinate the remediation on your behalf note that a separate contract delineating our obligations in that regard will be provided for you. It is intended not to supersede this document, but rather to better define that role should you wish to engage us in that capacity. Accordingly, this document that governs our engagement with you as our client will remain in force, and then the additional terms and conditions that are specific to remediation activities (including those representations and warranties) are incorporated herein.
Actions taken by client in reliance of our professional opinions: Our published findings is our professional finding and opinions on what WE believe to be sufficient in our sole discretion, to mitigate the observed issues. Our professional opinion about how to mitigate any observed issues is just that; our opinion of the best way to mitigate the situation based on the information available to us at the time of our investigation and is limited by our ability to accurately detect conditions inside of the subject premises. We are not saying that our opinion is the only way in which the observed condition can be mitigated, it is only our statement as to how WE would take steps to mitigate such conditions as observed. Any actions you take based on our findings are at YOUR OWN risk and you agree to hold us responsible if on account of your actions, even if based on our recommendations, you incur any expenses that are later deemed by you unnecessary. You are advised that you must make your own investigations on alternative methods to solve any observed issues that we may identify. We are NOT specifically saying that the method or procedures that WE suggest are the only or most cost effective measures to mitigate an issue. Only that based on our judgement and experience, this is how we would proceed. Accordingly, you agree that there is absolutely no recourse whatsoever for you against us for any actions taken as a direct, indirect or proximate result of our findings or recommendations.
ARBITRATION: In the event of any dispute concerning the interpretation of this agreement or any of the terms and provisions contained herein, or arising out of or relating to the inspection provided for in this agreement and any report issued as a result thereof, the parties shall first attempt to resolve such dispute informally between themselves. In the event that the parties are unable to informally resolve any dispute within ten (10) days following the date on party notifies the other of such dispute, then the parties agree to submit such dispute to binding arbitration before a single arbitrator before the American Arbitration Association in Ventura County California and client agrees that Ventura County will be the venue in which the matter would be heard. The arbitrator shall be one who is familiar with the commercial building inspection industry and environment investigations. The arbitrator shall have the right to conduct summary judgment motions and enforce full discovery rights as a court would as provided in the California Code of Civil Procedure. All proceedings shall be governed by the laws of the State of California.
Our work product and use by others: Client has requested, and SOS will conduct, the Inspection and provide the report, solely for Client’s own use, and Client will not disclose or reveal any part of the inspection report to any other person without the prior written consent of SOS. SOS will provide its report only in electronic form on its website providing the client with a user name and password to retrieve this file. The work product will be available to Client for a period of 45 days after the report is posted on our website. After such time if a Client wishes to access our report, such access will be subject to an additional fee. We will notify our Client via electronic mail (as provided by our client upon agreeing to engage SOS) only. Our obligation therefore with respect to informing our client that our work product is ready for review will be deemed complete when notification has been emailed out to Client. Client is responsible therefore to ensure that its email address is current and correct as it is entered in our website. Client may, designate via our website certain other parties to receive our work product as it deems appropriate. However any warrantees or representations with regard to our work product does not in any way extend to such other parties that Client may designate in any fashion whatsoever. Any party in receipt of our work product is not intended to be the beneficiary of that product or its contents therein. Accordingly any reliance upon that product is at that clients own risk.
ATTORNEY’S FEES: The prevailing party in any dispute arising out of or relating to this agreement, the inspection, or any report(s) shall be awarded all attorney’s fees, arbitrator fees and other related costs incurred in connection therewith. In addition, in the event that Client fails to promptly pay any and all fees and costs as provided in this agreement, all such payments shall thereafter bear interest at the maximum legal rate allowable until paid in full, and SOS shall be entitled to have and recover all of its actual costs and fees of collection
SEVERABILITY: Client and SOS agree that, should a court of competent jurisdiction determine and declare that any portion of this agreement is void, void able or unenforceable, the remaining provisions and portions of this agreement shall remain in full force and effect without regard thereto.
DISPUTES AND DUTIES OF CLIENT TO NOTIFY SOS OF FAILURE TO DETECT MOLD:
LIMITATIONS OF NOTICES OF FAILURE TO DETECT MOLD BY SOS IN REAL ESTATE TRANSACTIONS:
Client has agreed by accepting the terms and conditions of this document that any and all claims by Client of any failure on behalf of SOS to accurately perform any of its duties, or detect the presence of mold, are of no force or effect after the specific dates as set forth above. Client further agrees to provide immediate access to SOS of any and all un altered circumstances which Client may feel that evidence SOS has failed to perform its duties. Refusal to provide SOS immediate access to fully examine such conditions, or any alterations of such conditions Client agrees that this will forfeit Clients right to bring any and all such claims against SOS.
Further if the inspection performed is on behalf of the buyer in a contemplated real estate transaction, any and all extensions of time, which may be granted by SOS, in its sole and complete discretion, to bring any claim that SOS has failed to accurately perform its duties, will not benefit any other party in the transaction nor pass onto any other related or non-related party. Such time periods agreed to and integrated within this contract are specific to the original Client only and do NOT extend under any circumstances to any other party under any circumstances or for any reason. Client further agrees that, with the exception of emergency conditions, Client or Client’s agents, employees, representatives or independent contractors, will make no alterations, modifications or repairs to the claimed discrepancy prior to a re-inspection by SOS, which re-inspection will be done at no cost to Client. Client further understands and agrees that any failure to notify SOS as stated above shall constitute a waiver of any and all claims for any alleged failure to accurately report the condition in question or any discrepancy or omission on the part of SOS.
CLIENT SHOULD CAREFULLY READ THE FOLLOWING PARAGRAPH AND ACKNOWLEDGES THAT IT HAS BEEN TOLD THAT MICROBIAL TESTING, MOISTURE ANALYSIS IS AN INEXACT PRACTICE AND MAY NOT ACCURATELY DETECT THE PRESENCE OF HARMFUL OR TOXIC SUBSTANCES (INCLUDING, BUT NOT LIMITED TO, MICROBIAL CONTAMINATION) WITHIN A GIVEN STRUCTURE
SOS is not an insurer and the payment for the subject inspection and any subsequent environmental or mold testing or any service performed by SOS is based solely on the value of the service provided. The performance of limited visual inspection, sampling collection, laboratory analysis, moisture analysis of building substrates and production of a written preliminary environmental and microbial inspection report or clearance assessment report, solely regarding potential microbial contamination as described herein, and any other service contracted between SOS and Client is therefore limited in its ability to accurately assess all underlying conditions at a given premises. In some cases, tests that come back as positive (showing microbial presence or growth) may be inaccurate and not necessarily present an indoor air quality hazard for occupants of the structure. Alternatively, some tests, which come back as negative, may not detect the presence of actual microbial amplification or growth, which may be present and may present a serious hazard to structures occupants, or prospective occupants. Further the results of non-viable air samples do not detect the presence of harmful toxins, mycotoxins or other potentially etiological, pathogenic, carcinogenic agents, or other similar and potentially dangerous microbiological contaminants. It may be possible that although our tests reveal that when comparing the specie and genera of mold spores to those found routinely outdoors, that our evaluation of that data would lead us to conclude that such tests were negative, when potentially toxic materials or microbial contaminants are present inside the residence.
SOS agrees to the best of its ability given the conditions and circumstances, state-of-the-art of available detection equipment, conditions at the property to be inspected, it will collect samples for microbial analysis with a standard of practice equal to accepted industry standards. However no assurance can be made that such tests will be accurate or accurately detect the presence or absence of microbial contamination, hazardous substances or unhealthy indoor environmental conditions or indoor air quality. Client further acknowledges that SOS is specifically looking only for microbial contamination, and will not test for or give any opinion on the possible presence of other harmful environmental conditions (including, but not limited to radon gas, carbon monoxide gas, asbestos, formaldehyde off gasses, electromagnetic conditions etc.) All of these issues could have a negative impact on your health. Substantial destructive testing as well as multiple methodologies may be necessary to accurately ascertain the presence of microbial contamination. This may be impractical or ill advised within the subject structure or impossible given the lack of budgetary restraints or restraints placed upon destructive testing and invasive investigation.
Client acknowledges that it is virtually impossible to detect hidden reservoirs of microbial contaminants without substantial destructive and invasive testing in all possible areas. Client further acknowledges that it is impractical and extremely difficult to assess the actual damages, if any, that may result from any failure to accurately detect microbial contamination within a structure. However, in case of such by failure SOS to accurately detect the presence of microbial contamination, moisture intrusion, or moisture analysis, for any reason including our negligence on behalf of any employee, agent, sub-contractor, which may result in loss, injury or damage suffered by Client of any kind, monetary or otherwise, or any other person as a result, SOS’s liability shall be limited and fixed in an amount equal to any actual amounts paid SOS for any services including but not limited to; inspection, microbial testing, clearance assessment or to the sum of five hundred dollars ($500.00), whichever sum is greater, as liquidated damages, and not as a penalty.
Further this liability shall be exclusive. Client agrees to release and hold harmless SOS, and its officers, directors, principals, employees, contractors, subcontractors, agents, representatives, successors and assigns, from and against any and all damages or injuries resulting from, arising out of or relating, directly or indirectly to or in any way based upon any inspection, testing, reports, findings, conclusions or representations of SOS or its contractors, subcontractors, agents or representatives, employees, performed on behalf of or provided to Client in connection with this agreement or any investigation or testing performed hereunder or in accordance herewith, including any follow-up inspection or testing.
By using our website and accessing your information you are affirming this agreement and you agree to be bound to the express terms and conditions of this agreement. Further, you acknowledging that you agree to limit your total potential damages against SOS, in any form whatsoever, to the amounts paid to SOS for its services. Such damages include, but are not limited to, contractual, punitive, consequential, proximate, or subsequent damages and are limited as described above in the preceding paragraphs
SOS’s obligations for disclosure:
Time is of the essence in all matters relating to mold:
Should SOS refer to Client a Remediation Company:
Therefore Client understands that SOS’s obligations under this agreement and the engagement by Client are simply those as set forth in this agreement and are limited to consultation, inspections, sample collection and analysis, clearance assessment or clearance testing. SOS does not perform any direct abatement or remediation in any form whatsoever. Should Client and selected abatement company or remediation contractor therefore have a dispute, Client acknowledges that despite any fees paid by remediation contractor or abatement company to SOS, or if SOS referred remediation contractor or abatement company to Client. Client therefore agrees to resolve any and all disputes, between Client and remediation contractor, whether involving litigation or otherwise, directly with remediation contractor, abatement company and NOT with SOS. Further Client is advised that it is under no obligation whatsoever to engage any party recommended by SOS in any fashion for any remedial, abatement or any other services. SOS at its option will assist Client, pursuant to the terms and conditions of our engagement contract, by providing consultation, inspection, sample collection or other service contracted for by Client, in connection with or relating to any microbial remediation project. Should any of our fees not be paid upon rendering them Client acknowledges that SOS is under no obligation to provide the benefit of our work to Client. Accordingly should our service fees not be paid, then we will not issue any reports. This agreement shall be binding upon and inure to the benefit of the parties hereto, and to their heirs, successors, assigns, agents, and representatives.. This agreement constitutes the entire integrated agreement between the patties hereto pertaining to the subject matter hereof, incorporates and supersedes any and all prior or contemporaneous agreements, whether verbal or written, and may be modified only by a written agreement signed by all of the parties hereto. The terms and conditions contained in the attached Authorization are incorporated herein and made a part hereof.
Electronic Document Acceptance:
By accessing our site and logging in to retrieve your information you agree to be bound by all terms and conditions of our user agreement and acknowledge the limitations of liability as contained therein.