This Environmental Testing Agreement (the “Agreement”) is made effective on the date stated on the invoice by and between Air Quality Canada Inc. (hereinafter the “Inspector”, “we”, “us” and “our”) and the client named in the invoice (hereinafter “Client”, “You” or “Your”) (collectively “parties”). We are an independently owned and operated company engaged in the business of providing indoor air quality and environmental services. You desire to have an indoor air quality testing or environmental services (hereinafter the “Inspection”) performed on the property located at the address stated in this agreement (the “Subject Property”). The Subject Property is referenced on the digital invoice linking to this page.
This agreement is between Air Quality Canada Inc. and the Client who on the day of payment of the invoice, herein mutually agree to the following terms of this agreement:
FEES AND PAYMENT:
A Certificate of Completion is available subject to Client following all of our recommendations pertaining to required tests.
Payment is due by Client on the same day the inspection is performed. Failure to pay the invoice on time will incur delays in getting lab results & reports.
Cancellations with less than 24 hours’ notice shall be subject to the $149 inspection fee.
Payment may be paid by way of credit card, cash or cheque payable to Air Quality Canada, Inc.
If Client fails to pay the fees under this Agreement after services have been rendered, the Inspector may transfer the matter to a collections agency or law firm to facilitate collection of payment. Client agrees to pay all legal and other expenses arising from the collection of any unpaid Inspection fees and a $25 fee for any returned cheques.
We do not remove floor and wall coverings; move furniture; open walls or perform any type of destructive inspection. Certain structural areas are considered inaccessible and impractical to inspect, including but not limited to: areas to which there is no access without defacing lumber, masonry, roofing; workmanship; insulation; belongings; equipment; ongoing renovations; areas where locks prevent access; and vegetation (the “Inaccessible Areas”). The Inaccessible Areas may be subject to attack by microbial organisms. The Inspector cannot render any opinion regarding areas that are inaccessible.
You understand and agree that any claim(s) or complaint(s) arising out of or relating to any alleged act or omission in connection with the Inspection shall be reported to us, in writing, within ten (10) business days of discovery. Unless there is an emergency condition, you agree to allow us a reasonable period of time to investigate the claim(s) or complaint(s) by, among other things, re-inspection, repairs, replacements, alterations or modifications to the system or component that is the subject of the claim. You understand and agree that any failure to notify us in a timely manner and allow adequate time to investigate as stated above shall constitute a complete waiver of any and all claims you may have against us related to the alleged act or omission unless otherwise prohibited by law.
The results of our environmental assessments are not a guarantee that mould, asbestos, lead, radon or another hazardous substance does or does not exist in the Subject Property; the results are indicative only of the presence or absence of hazardous substances in the areas sampled at the time the testing is performed. If the collected samples in the report show elevated levels of hazardous substances and we recommend further action, including but not limited to consulting with a specialized expert(s), you must take such action at your own expense or otherwise assume all risk associated with failure to do so.
In the event of legal action between or among the parties, the Client(s) agree(s) that any liability of the Inspector is limited to a refund of the fee paid for the services.
Any legal action arising from this Agreement or from the sampling or report(s) shall be commenced within one (1) year from the date of the Inspection. The Client hereby waives his, her, their or its right to bring or assign any claim or action after such time and waives any rights arising therefrom.
The Inspection, Agreement and report do not constitute a warranty, an insurance policy, or guarantee of any kind, nor do they substitute any disclosure statements as may be required by law.
We disclaim any liability whatsoever for any errors or false positives by third parties including utilized laboratories.
You understand that the services to be performed and reports to be prepared are for your sole, confidential and exclusive benefit and use. If you directly or indirectly allow or cause the report or any portion thereof to be disclosed or distributed to any third party, you agree to indemnify, defend, and hold us harmless for any claims or actions brought by the third party in relation to the Inspection, samples, or report(s). You acknowledge and agree that the Inspector may notify the homeowner or occupants of the Subject Property (if other than you), any appropriate public agency, and any other person or organization if permitted or required by law, of any conditions discovered that may pose a safety risk or health concern.
This Agreement shall be governed in all respects by the laws of the province of Ontario and the country of Canada, as applicable.
By paying the invoice, I declare I have authority to bind the corporation. If I do not in fact have such authority, I hereby personally guarantee payment for the services described herein. By paying the invoice, I acknowledge that I have read all pages of this Agreement, accept environmental services offered, and confirm that I understand the terms and conditions and I agreed to be bound by them. My signature above authorizes the release of the inspection report to my real estate agent and/or restoration company unless specified otherwise in writing. I further understand that ALL FEES ARE DUE ON THE DAY OF TESTING.