AMERICAN RADON MITIGATION, INC. Terms and Conditions
Obligations of American Radon Mitigation, Inc.
(a) American Radon Mitigation, Inc. shall complete work within a reasonable time from the commencement date. The Customer understands that mitigation may require additional visits to the job site. American Radon Mitigation, Inc. shall not be liable for delays if hired to perform analysis and mitigation services without sufficient time to complete the required work.
Obligations of the Customer
(a) The Customer shall make the work area accessible during mitigation and acknowledges that any work performed by American Radon Mitigation, Inc. to clear existing obstructions may be subject to additional charges.
(b) The Customer shall maintain property insurance on the property equal to its full insurable value. The policy shall be an all-risk policy and specifically insure against perils including fire, theft, vandalism, malicious mischief, and injury or property damage.
(c) The Customer shall inform American Radon Mitigation, Inc. of any post-tensioned cables, plumbing, or electrical systems beneath or embedded in the concrete slab, foundation walls, or along the planned pipe route. The Customer is responsible for the costs involved in repairing any damage to these systems.
(d) The Customer shall have a certified professional check for back drafting of natural draft appliances.
Payment for Services
(a) A deposit is due at signing, with the remainder due upon completion of the work. Overdue accounts are subject to a 1.5% monthly interest charge.
(b) The Customer agrees to pay all expenses incurred by American Radon Mitigation, Inc. in collecting any unpaid contract balance, including, but not limited to, attorney’s fees.
Discovery of Hazardous Materials
The Customer shall inform American Radon Mitigation, Inc. of the presence of hazardous materials, including but not limited to pesticides, asbestos, lead paint, fire hazards, underground utilities, or other environmental dangers. The Customer is responsible for testing and removing hazardous materials before the mitigation start date. If hazardous materials are discovered, American Radon Mitigation, Inc. reserves the right to cease work until the Customer has removed the materials at their expense. Suppose the Customer fails to remove such materials within sixty (60) days after written notice. Then, this Agreement will be considered breached by the Customer, and all payments made to American Radon Mitigation, Inc. shall be retained.
Limitation of Liability and Disclaimer
(a) American Radon Mitigation, Inc. shall not be liable for any delay, failure to deliver, or inability to mitigate radon levels resulting from causes beyond its reasonable control. These include, but are not limited to: acts of God, acts of government, fire, flood, epidemic, quarantine, unusually severe weather, radon contamination from water or building materials, inaccurate disclosure of airborne radon levels, labor strikes, freight embargoes, structural renovations to the property, or inability to obtain necessary materials, labor, or transportation.
(b) American Radon Mitigation, Inc. shall not be liable for failure to mitigate radon levels due to high water tables or drain tile defects that prevent adequate sub-slab or sub-membrane airflow.
(c) The Customer acknowledges that American Radon Mitigation, Inc. has made no representations regarding the health effects of radon. The Customer should direct questions about radon-related health risks to their regional EPA office or state health department.
(d) American Radon Mitigation, Inc. shall not be liable for injury or property damage except where caused by the negligence or gross misconduct of the company, its employees, or agents.
(e) Exterior radon systems may freeze during cold periods. If the system freezes, the radon alarm may sound, and radon levels may rise until the system thaws.
Miscellaneous
This Agreement shall be governed by and interpreted under the laws of the State of Colorado and may be amended only in writing signed by both parties. All notices must be in writing and delivered by hand or sent by registered or certified mail to the addresses provided by each party.
Airborne Radon – Active Soil Depressurization System
American Radon Mitigation, Inc. performs work to reduce airborne radon. The U.S. EPA and some state health departments have established guideline levels for acceptable radon concentrations. American Radon Mitigation, Inc. does not endorse these levels as safe or without risk. The EPA suggests there is risk associated with long-term radon exposure at any level.
American Radon Mitigation, Inc. will install an Active Soil Depressurization (ASD) system to reduce annual average airborne radon concentrations. The Company guarantees that the ASD system complies with all applicable current standards set by the American Association of Radon Scientists and Technologists (AARST) and the State of Colorado.
American Radon Mitigation, Inc. warrants the materials and workmanship of the ASD system for five years from the installation date, excluding the radon fan, which is covered under the manufacturer’s warranty. This Guarantee does not apply to damage resulting from occupant negligence, fire, flood, storms, weather, acts of God, or service performed by anyone other than an authorized representative of American Radon Mitigation, Inc. Repairs made more than five years after installation are subject to a charge. Fan replacements outside the manufacturer’s warranty period are the customer’s financial responsibility. Liability is limited to the repair or replacement of mechanically defective components. American Radon Mitigation, Inc. is not responsible for mold, fungi, or lung cancer discovered after installing the system.
Radon Level Guarantee
American Radon Mitigation, Inc. guarantees that the annual average radon level in the home will not exceed 1.5 pCi/L for five years from the installation date, provided the following conditions are met:
– All items marked “recommended” and “optional” on the estimate are selected at installation (excluding electrician arrangements, condensate bypasses, noise suppressors, and upgraded alarms).
– No alterations to the foundation, HVAC, or radon system are made.
– The system is not subjected to misuse or unintended stress.
If a third-party test indicates elevated radon levels, American Radon Mitigation, Inc. will perform a retest according to EPA protocol. If the company’s test also shows elevated results, additional labor and materials needed to reduce radon levels to 1.5 pCi/L or below will be provided at no extra charge. The cost of third-party tests is the customer’s responsibility.
Due to the variability of short-term radon tests, any results between 1.6 and 3.9 pCi/L must be confirmed with a long-term radon test (lasting 3–12 months), which is also at the homeowner’s expense. If the long-term result is above 1.5 pCi/L, American Radon Mitigation, Inc. will perform additional diagnostics and mitigation at no cost and continue until the target is met. If it is impossible to achieve levels below 1.5 pCi/L, the company’s liability will be limited to the price of the mitigation system.
Exclusions:
This guarantee does not apply to homes with sub-slab ductwork, aftermarket drain tile, untreated crawl spaces, multi-family dwellings, inaccessible air leaks to the soil, or radon sources other than soil gas (including radon in water or radon emanating from building materials).
Our guarantee that indoor post-mitigation radon concentrations will be 1.5 pCi/L or less shall be deemed null and void if the property is located in an area where the outdoor ambient radon concentration exceeds 0.4 pCi/L. This limitation applies regardless of whether such concentration is continuous, seasonal, intermittent, or otherwise variable. Outdoor radon levels may be determined by American Radon Mitigation Inc. using any combination of publicly available environmental data and/or site-specific testing using industry-accepted equipment.
The customer expressly acknowledges that outdoor radon levels are an environmental factor beyond American Radon Mitigation Inc.’s control, and therefore shall bear no legal, financial, or performance liability for any measured, estimated, or inferred indoor radon concentrations once outdoor radon has exceeded 0.4 pCi/L. The Company’s sole remaining obligation shall be to ensure that the mechanical system operates in accordance with the ANSI/AARST Standards.
The customer further agrees to release, indemnify, defend, and hold harmless American Radon Mitigation Inc., its employees, agents, and subcontractors from any and all present or future claims, damages, losses, testing results, remedial costs, or demands arising directly or indirectly from elevated indoor radon levels occurring after such outdoor radon increases. This limitation supersedes all prior verbal or written guarantees related to radon concentration outcomes.
Please refer to the Limitation of Liability and Disclaimer section for further exceptions.
