Essential Inspections LLC.
1404 E 345 Rd
Berryton Kansas 66409
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RADON TESTING AGREEMENT
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THIS AGREEMENT is made and entered into by and between ESSENTIAL INSPECTIONS LLC. and the undersigned (hereinafter “Client”).
In consideration of the fee and limitation of liability below, ESSENTIAL INSPECTIONS LLC. agrees to perform a 48-hour Continuous Radon Monitor (CRM) test using E.P.A. qualified professional detection equipment at the subject property.Test results may be available immediately after completion of the test. Any tests that are performed will conform to established E.P.A. testing protocol within the limits described below. This measurement is identified by the E.P.A. as the first step in a two-step process designed to identify houses which may potentially have elevated levels of Radon. The purpose of the short-term testing is to determine and direct the need for follow-up testing. Test results which show concentrations greater than 4.0 pCi/L indicate the need for follow-up testing to determine whether or not mitigation is appropriate and to what extent it is necessary in each area of the house. The CRM will be placed in the lowest living area of the home, i.e., the basement if finished and frequently used; otherwise the first floor of the home. Client must note and initial on this form if the CRM is to be placed elsewhere.
[X] Sun Nuclear CRM to be placed in lowest finished living area.
For the test to work properly, it must be conducted under conditions that maximize the probability of finding elevated Radon concentrations. These conditions, which are identified as “closed house” testing protocol, must exist 12 hours prior to testing and must continue through the 48-hour testing period. “Closed house” conditions require the following:
1. Windows must be kept closed and doors should not be opened except for normal entrance and exit.
2. Any system that would bring in outside air should not be operated.
3. Large volume air exhaust systems should not be operated, i.e., clothes dryer, exhaust vents
Other conditions which may undermine the validity of the test include:
1. High winds, large barometric pressure changes or severe inclement weather.
2. Normal seasonal variations. Higher readings are more likely during the winter months, with large seasonal
variations not uncommon.
3. Drafts or excessive moisture in the test area(s).
4. Disturbance of the testing equipment.
Our test personnel will make reasonable efforts on site to see that the appropriate conditions exist. However, many of these conditions are beyond the control of ESSENTIAL INSPECTIONS LLC. Accordingly, ESSENTIAL INSPECTIONS LLC. and its employees or agents, cannot assume any liability or responsibility for the accuracy of the test results or the existence of proper test conditions required to ensure the validity of the test results. THE PARTIES EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL ESSENTIAL INSPECTIONS LLC. BE RESPONSIBLE FOR THE COST OR FOLLOW-UP TESTING OR RADON MITIGATION.
It is also understood and agreed that should ESSENTIAL INSPECTIONS LLC. and its employees or agents be found liable for any loss or damages resulting from the failure to perform any of its obligations, then the liability of ESSENTIAL INSPECTIONS LLC. its employees or agents shall be limited to a sum equal to the amount of the fee paid for the test and report.
Any matter concerning the interpretation of this Agreement, of the Report, or any claim based upon either of them shall be subject to mediation between the parties or failing such mediation shall be resolved by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, except for the rules pertaining to the arbitrator selection. The three (3) arbitrators should have knowledge of the home radon inspection industry and one arbitrator must be a Home Radon Inspector with at least five (5) years of Home Radon Inspection experience.
The Client and the Inspector agree that should a court of competent Jurisdiction determine that any portion of this agreement is unenforceable, the remaining provisions and portions of this agreement shall remain in full force and effect.
The Client must commence any action for damages arising out of or related to this Agreement or the Report within one year of delivery of the Home Radon Report to the client or the named representative.
I, the undersigned, acknowledge that I and/or my attorney have carefully read the preceding Inspection Agreement and Description and fully understand and agree with the limitations, exclusions and terms described
I, the undersigned, acknowledge that I and/or my attorney have had ample time and opportunity to review this agreement prior to signing and before the inspection.
I, the undersigned, have read, understood and accepted the terms and conditions of this agreement and agree to pay the fee at the time of service to Essential Inspections LLC.