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Radon Testing Agreement

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EveryBuddy's Home Inspection Service, LLC. Radon Test Agreement

This is an Agreement between you, the (property owner) (prospective buyer), and EveryBuddy's Home Inspection Service, LLC. for radon testing at the property described below.

 

The property is at _________________________________.


You will pay EveryBuddy's Home Inspection Service, LLC.  $_____ for the testing.  You must pay us prior to the inspection.


EveryBuddy's Home Inspection Service, LLC.  or EveryBuddy's Home Inspection Service, LLC.'s  subcontractor will test for radon at the property to measure the radon level in the air by the use of an approved short-term charcoal collection device.  This will require a minimum of 48 hours, but may take longer.   EveryBuddy's Home Inspection Service, LLC. will then deliver the testing device to a recognized laboratory and provide you with a written report when we receive the laboratory’s results.


Radon is a colorless, odorless, radioactive gas that may be harmful to humans.  The amount of radon in the air is measured in picocuries of radon gas per liter of air, or “pCi/L.”  While any radon exposure creates some risk to health, the EPA considers a level of 4 pCi/L or higher dangerous and recommends that you take remedial measures to reduce or eliminate radon.


This Agreement is for testing only. EveryBuddy's Home Inspection Service, LLC.  is not responsible for correcting or mitigating radon issues.  As a courtesy, we may offer comments related to radon mitigation, but these will not obligate us to create or implement a mitigation plan. 


EveryBuddy's Home Inspection Service, LLC. report is only supplementary to the seller’s disclosure.


Unless otherwise inconsistent with this Agreement or not possible, EveryBuddy's Home Inspection Service, LLC.  will perform the radon inspection in accordance with current industry standards.  


You understand that InterNACHI is not a party to this Agreement and that InterNACHI has no control over us and does not supervise us.


EveryBuddy's Home Inspection Service, LLC.report is for your use.  You grant  EveryBuddy's Home Inspection Service, LLC.  permission to discuss  EveryBuddy's Home Inspection Service, LLC. observations and test results with real estate agents, owners, repairpersons, and other interested parties.   EveryBuddy's Home Inspection Service, LLC. are not liable for use or misinterpretation by third parties.  


EveryBuddy's Home Inspection Service, LLC. inspection and report are not a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the property.   EveryBuddy's Home Inspection Service, LLC. expressly disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, to the fullest extent allowed by law.


EveryBuddy's Home Inspection Service, LLC.  are not liable for any errors the laboratory makes. 


You will comply with our instructions for the proper testing, detection and analysis of radon gas levels in the property.   EveryBuddy's Home Inspection Service, LLC. are not liable for any negligence or other interference that you or any other person cause.   


This Agreement is for radon testing only.  If you want  EveryBuddy's Home Inspection Service, LLC. to perform any other type of testing, you will sign a separate inspection agreement for that.


You agree that EveryBuddy's Home Inspection Service, LLC. liability (and that of our agents, employees, etc.) for claims arising out of this Agreement shall be limited to liquidated damages in an amount equal to the fee you paid EveryBuddy's Home Inspection Service, LLC. .  You waive any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the property.  You acknowledge that the liquidated damages are not intended as a penalty but are intended to: (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk among us; and (iii) enable  EveryBuddy's Home Inspection Service, LLC. to perform the inspection at the stated fee.


If you are the property owner, you understand that, as part of EveryBuddy's Home Inspection Service, LLC.  radon testing,  EveryBuddy's Home Inspection Service, LLC. or   EveryBuddy's Home Inspection Service, LLC. subcontractor will leave certain equipment in your residence. If the equipment is lost, stolen, damaged, or destroyed while in your residence, you agree to pay  EveryBuddy's Home Inspection Service, LLC. or  EveryBuddy's Home Inspection Service, LLC. subcontractor for the cost to replace the equipment with identical new equipment.  You understand that in that situation, it would take time for to obtain new equipment and that without the equipment, we or our subcontractor will be unable to engage in radon testing and will therefore be losing income.  You agree that in this situation, you will pay  EveryBuddy's Home Inspection Service, LLC. or EveryBuddy's Home Inspection Service, LLC.  subcontractor $ 125 per day as liquidated damages for that lost income, in addition to the cost of replacing the equipment.


If you believe you have a claim against EveryBuddy's Home Inspection Service, LLC. , you will supply  EveryBuddy's Home Inspection Service, LLC.  with the following within seven days of discovering your claim: (i) written notice of the claim in sufficient detail and with sufficient supporting documents that   EveryBuddy's Home Inspection Service, LLC. can intelligently evaluate it; and (ii) access to the premises.  Failure to comply with these conditions is a bar to any claim or lawsuit and releases EveryBuddy's Home Inspection Service, LLC. from any liability. 


The exclusive venue for any action arising out of this Agreement shall be in Adams County where  EveryBuddy's Home Inspection Service, LLC. have our principal place of business.  In any such action, you waive trial by jury.  In any such action, the court must award the prevailing party attorney’s fees and costs.  You understand that any legal action against InterNACHI itself allegedly arising out of this Agreement or our relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado.  In any such action against InterNACHI, you waive trial by jury and agree that the court must award the prevailing party attorney’s fees and costs.


If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect.  This Agreement represents our entire agreement between the parties.  All prior communications are merged into this Agreement.  There are no terms or promises other than those in this Agreement.  No statement or promise allegedly made after the execution of this Agreement shall be binding unless reduced to writing and signed by us.  Any modification to this Agreement must be in a writing signed by you and us.  This Agreement binds the successors of the parties. 


You will have no cause of action against EveryBuddy's Home Inspection Service, LLC. after one year from the date of the inspection.  


If you are a corporation, LLC, or similar entity, the person signing this Agreement on behalf of the entity personally guarantees payment of the fee by the entity.


In order to offer you, our client, the most efficient and convenient service, EveryBuddy's Home Inspection Service, LLC. must contract with a third party to securely store certain information online, such as our inspection reports, and the identity of our clients. In signing our Agreement, you give us permission to do so. EveryBuddy's Home Inspection Service, LLC. will not sell your personally identifying information. It is the duty of the third party we contract with to keep your information secure. EveryBuddy's Home Inspection Service, LLC. are not liable for any misuse of that information or their failure to safeguard it. In that event, your sole remedy is against that third party. 


Important information for  Condominiums/Town homes: You understand that EveryBuddy's Home Inspection Service, LLC. will inspect only your condominium unit. Our inspection will not include any inspection of common areas or other spaces you do not own. We may offer comments concerning our observations of common areas as a courtesy. You agree that any comments concerning common areas, or any lack of comments concerning common areas, shall not give rise to any claim against EveryBuddy's Home Inspection Service, LLC.


If you have any questions or concerns regarding this agreement, please do not hesitate to call us at: 303-558-0105.

 

I HAVE CAREFULLY READ THIS AGREEMENT AND I HAVE RECEIVED A COPY OF IT.  I SIGN IT VOLUNTARY, FREE OF ANY DURESS.

 

___________________________________________________ 

CLIENT                                                                      (Date) 


Call Us Today! 303-558-0105

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Service Areas for EveryBuddys Home Inspection Service

We are located in Brighton, Colorado but we serve all of Colorado.

Inspections further than 50 miles from Brighton, Colorado may require a trip charge.

Inspections more than 120 miles may require a stay charge.

Colorado Front Range & Beyond:

Brighton,  Hudson, Ft. Lupton, Thornton, Broomfield, Westminster, Superior, Louisville, Erie, Dacono, Frederick, Firestone, Longmont, Niwot, Boulder, Lyons, Ft. Collins, Loveland, Wellington, Windsor, Greeley, Johnstown, Aurora, Centennial, Englewood, Lakewood, Littleton, Parker, Arvada, Golden, Castle Rock, Larkspur, Berthoud, Campion, Wellington, Eaton, Ault, Kersey, Keenesburg, Wiggins, Ft. Morgan, Estes Park, Nederland, Bennett, Strasburg, Deer Trail, Colorado Springs, Idaho Springs, Central City, Black Hawk, Lucerne, Kelim, Allenspark, Meekerpark, Jamestown, Brush