These General Terms and Conditions govern the relationship between the Customer and Radon Delete LLC (the “Company”) for all materials, labor and professional services.
The capitalized terms used herein and in the Order Form have the following meanings:
- “Claim” means any controversy, pending or threatened, action, proceeding or suit.
- “Company” means Radon Delete LLC.
- “Contract Price” shall mean the payment referred to in the Order
- “Closing Date” is the date set for the completion or settlement of a
real estate transaction.
- “Customer” means the individual or business that has been provided
services and materials for compensation.
- “Force Majeure Event” means any act, event, cause or condition that
prevents the affected party from performing its obligations (other than payment obligations) hereunder, that is beyond the affected party’s reasonable control, and, with the exercise of due care could not reasonably be avoided.
- “Hazardous Material” means waste that is dangerous or potentially harmful to health or the environment.
- “Mitigation” means the process of reducing or controlling radon accumulation to acceptable levels.
- “Order Form” means the contract between the Customer and the Company.
- “Property” shall mean the real property as set forth in the Order Form.
- “Work” has the meaning set forth in Order Form.
1. Obligations of the Company.
The Company agrees to: (a) complete Work within a reasonable time period; provided, however, the Customer acknowledges that Mitigation may require multiple visits and the Company shall not be liable in the event the Work is delayed or interfered with by the acts of the Customer. for any reasons damages if prevented from performing Work on the subject premises; (b) supervise and direct all Work and have sole control over the means, methods, techniques and procedures of installation; (c) be responsible for all costs of labor, materials, tools, construction and other equipment and machinery necessaryforthepropercompletionoftheWork;(d) shallkeepthePropertyand the surrounding area free from accumulated waste or rubbish during the Work and remove all waste, rubbish, tools, equipment and surplus materials from the Property upon completion; and (e) maintain liability insurance policies (copies available upon request).
2. Obligations of the Customer.
The Customer agrees to: (a) be responsible for providing, at their sole expense, all utilities required throughout the completion of the Work, including but not limited to: heat, electricity, gas and water; (b) make the Work area accessible and acknowledges that any additional work performed by the Company to clear existing obstructions of any kind may be subject to additional charges; and (c) maintain, at their sole expense, property insurance on the Property, to the full insurable value thereof, which such policy shall be an all-risk policy and shall specifically insure against the perils of fire and shall contain extended coverage for injury or property damage including theft, vandalism and malicious mischief.
3. Payment for Services.
Payment for Work shall be paid as outlined in the Order Form. Overdue accounts are subject to 1.5% per month interest charge and the Customer agrees to be responsible for any and all expenses incurred n connection with collection, including, but not limited to, a reasonable attorney’s fee.
4. Discovery of Hazardous Materials.
In the event the Property contains Hazardous Materials (other than radon gas), the Company reserves the right to cease the Work until such time as the Customer has, at their sole expense, removed such Hazardous Materials. In the event the Customer fails to remove such materials within sixty (60) days after notification of its existence, the Order Form shall be considered breached by the Customer and the Customer shall be responsible for the full Contract Price.
5. Limitation of Liability.
The entire liability of the Company or any third party providers for all claims arising out of or in connection with the agreement will not exceed the Contract Price. The Company shall not be liable for any special, incidental, exemplary, indirect or economic consequential damages, anticipated savings, lost profits, lost business, lost revenue, lost goodwill or
radon related illnesses. The Company shall also not be liable for failure to mitigate radon levels due to high water table or ground water presence underneath or surrounding the Work area that prevents adequate sub-slab or sub- membrane airflow. The Customer acknowledges that the Company has not made representations regarding the health effects of radon gas or that the reduction of radon gas in accordance with the Order Form will reduce the health risks associates with radon gas
6. Warranties and Disclaimers of Warranties.
THE COMPANY WARRANTS THAT IT WILL PROVIDE PROFESSIONAL SERVICES USING COMMERCIALLY REASONABLE CARE AND SKILL. THIS IS THE EXCLUSIVE WARRANTY, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
7. Force Majeure Event.
Each party’s performance under the agreement is subject to a Force Majeure Event shall be excused for as long as the existence of such an event.
All Claims shall be resolved by arbitration governed by the Commercial Arbitration rules of the American Arbitration Association
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Kentucky, and maybeamendedfromtimetotimeonlybyawritingsignedbybothparties. All notices required hereunder shall be in writing and delivered by hand or mailed postage prepaid via registered or certified mail to the party being notified at the respective addresses set forth on the Order Form.
Airborne Radon Guarantee – Active Soil Depressurization System
The Company performs work for the purpose of reducing radon in both air and water. The US EPA and some State Health Departments set guideline levels of acceptable radon concentrations. The Company does not endorse these levels as safe or without risk. In fact, the US EPA suggests that there is a risk involved from long-term exposure to radon at any level. The Company will install an Active Soil Depressurization System (ASD) to reduce the annual average airborne radon concentrations. The Company guarantees that the ASD is constructed in conformity with all applicable current EPA, American Association of Radon Scientist and Technologist (AARST), and State radon reduction standards and is free from mechanical defects caused by faulty materials or workmanship. The Company agrees, at its sole cost and expense, to correct or replace during the one-year period immediately following the date of installation, any part of the ASD which, due to faulty materials or workmanship, is found mechanically defective under normal use. This Guarantee will not apply if any damage to the ASD components or its performance is due to occupant negligence or servicing by any occupant, installer or technician other than an authorized representative of the Company. Replacement of guaranteed part 12 months after installation date is subject to a labor charge and the Company’s liability shall be limited to repair or replacement of those mechanically defective products or materials; provided, however that this Guarantee shall apply only if the Company receives written notice from the Customer of each particular defect within one year after the date of installation. The Company reserves the right to inspect prior to performing any work pursuant to this Guarantee.
The Company further guarantees that the average annual radon concentrations in the Property will remain below the agreed upon level for radon for the period agreed to from the date of installation. Future testing is the responsibility of the owner. The EPA and the Company recommend periodic testing to ensure that low radon levels are being achieved. Testing must be conducted by, or analyzed by, a certified radon testing company or individual adhering to current EPA, AARST, and State standards for testing to qualify under this Guarantee. The Company’s liability shall be limited to making necessary modifications to the ASD to achieve the desired level of radon concentrations. This Guarantee will not apply if the ASD fails to achieve the desired level of radon concentrations due to well water contamination, building material contamination, a high water table, groundwater presence underneath or surrounding the work area that prevents adequate sub-slab or sub-membrane airflow.
Guarantee Is Transferable Between Property Owners