Get started with our full contract for Radon Assurance services. This service contract is between Radon Assurance 578 Meadow Ridge Road, Tallahassee, FL 32312 and * First Name Last Name Service Contract Dated MM DD YYYY Address of Property Address 1 Address 2 City State/Province Zip/Postal Code Country Phone Number (###) ### #### Email Address The system covered * Sub slab system Sub membrane system The client intends to pay Radon Assurance for Servies provided, effective on the date the contract is signed, under the following terms and conditions. Agreed Services provided by Radon Assurance Services provided by Radon Assurance 1) Examining the current system to ensure the system is functioning as it should. 2) Provide an initial air quality test to ensure the levels of radon are withing acceptable levels as determined by the Environmental Protection Agency. (Under 4Pc/L) 3) Provide additional tests every two years to ensure the levels stay within the acceptable levels as determined by the Environmental Protection Agency. 4) Periodically inspect the system to ensure it is functioning properly. 5) Replace or repair the mechanical system if the mechanical system stops functioning properly. This program does not cover any system not disclosed and noted in this contract. This agreement excludes any fresh air system or mitigations methods connected to your air conditioning system. Payments If the client provides Radon Assurance with a payment method for installment payments or renewals, the client hereby explicitly authorize Radon Assurance to charge any amounts due using that payment method, including renewal fees if the client consented to or requested to have this Agreement automatically renew. Annual Service Agreement may be renewed at Radon Assurance’s option for another 12 month period unless canceled. Email and texts You hereby provide your consent for Radon Assurance and our agents to call, text, email and otherwise contact you in order to perform Service and all business of Radon Assurance and/or Smith and Smith Contracting. Cancelation of Agreement If the client cancels this Agreement, a $25 cancelation fee applies and based on the date cancelation takes effect, the client will receive a pro rata refund of the Price paid, less benefits paid during the current contract year. The client may cancel and void this Agreement within 20 days from the Effective Date and receive a full refund of the price if no services have been provided or claims have been paid, and the client is the original purchaser of this Agreement. This Agreement is non-cancelable by Radon Assurance, except for: 1) Failure by the client to pay an amount when due; Discovery of fraud or material misrepresentation by the client; a change in regulations or laws materially affects Radon Assurance’s business or ability to fulfill our obligations; a discovery of: (a) An act or omission by the client; or a violation by the client of any condition of the Agreement, which substantially and materially increases the service required under the Agreement; or a material change in the nature or extent of the required service or repair which occurs after the effective date of the Agreement and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Agreement was issued or sold. If this Agreement is canceled by Radon Assurance, a 15-day notice will be given, a cancelation/ administrative fee will not apply and based on the date cancelation takes effect, the client will receive a pro rata refund of the price paid. Non-Covered Costs / Excluded Work: The client is responsible for all costs arising from Excluded Work and Non-Covered Costs. Addressing a failure may involve work, parts, systems, equipment or materials that are outside the scope of the Service (“Excluded Work”), for example: carpentry or modifications necessary to facilitate service. Non-Covered Costs include costs related to: (1) permits, codes, ordinances, laws and/or regulations for your protection (2) accessing covered Items; (3) correcting, repairing or replacing a covered item and/or components because of inadequate capacity, manufacturer’s recall, improper design, improper installation, previous repair or problems caused by alterations or modifications; (4) mandates of federal, state or local governments, including upgrade or equipment matching requirements and tariffs (and all fees, costs and surcharges passed along or charged to us by our suppliers and service contractors related thereto); (7) a material increase in third party charges for labor, components or Items as a result of tariffs, (8) components damaged by severe or unseasonable weather, extreme temperatures or other abnormal atmospheric conditions; (9) sealing of ductwork, slabs or deteriorating membranes. Non-Covered Costs will be billed directly to you. If you refuse to accept any Non Covered Costs, we have no obligation to perform service and will not refund the service fee. Exclusions; Liability Limits; Radon Assurance has no obligation to provide Service if: (1) a Failure is caused by anything other than normal wear and tear including: whether acting alone or together with another cause, extreme or gross neglect, misuse, abuse, missing parts, movement of your home, soil movement, fire, freezing, explosion, electrical failure/surge, flooding, water intrusion, lightning, mud, earthquake, storms, accidents, pests, animals, microorganisms, plants, contamination or chemical interactions; (2) You breach any of your responsibilities in this agreement. Our Service is secondary and excess to any other coverage available to you via an insurance policy, manufacturer warranty and/or labor warranty. Our agreement does not warranty any harm or damages the covered system inflicts on the home such as fire. Additional Responsibilities. The client agrees to: reasonably maintain covered items; not harm/damage a covered Item or component; provide a safe working environment for contractors; not damage property of a contractor; and not threaten/harm Radon Assurance or a contractor via phone, email, personal interaction, internet, social media or otherwise. Can not perform services exemption We are not liable for any delay in or failure to perform Service due to conditions beyond our control and/or that of a Contractor, for example: shortages of or delays in obtaining parts or equipment; weather; labor difficulties, strikes or shortages; telecommunications disruption; transportation stoppages or slowdowns; acts of God; war; terrorism; epidemics; or difficulties locating or scheduling contractors, including due to service demands attributable to weather, regional temperatures or abnormal atmospheric conditions. Arbitration The breach of this Agreement or the Service (a “Complaint”) shall exclusively be resolved by binding arbitration and not by a judge or jury. The arbitration shall be conducted by American Arbitration Association (“AAA”) to appoint a single arbitrator to conduct the arbitration under AAA’s then current commercial or consumer rules, as applicable. This Contract covers disputes based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity. A demand for arbitration shall be made within a reasonable time after the Complaint has arisen but in no event after the applicable statute of limitations. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The party initiating arbitration is responsible for all filing fees, regardless of the applicable rules of the arbitration service with all additional arbitration fees allocated as provided in the rules of the arbitration service, subject to the arbitrator’s discretion to reallocate arbitration fees in the interests of justice. The prevailing party in any court action brought for the enforcement or interpretation of this contract shall be entitled to receive from the losing party a reasonable sum for its attorneys’ fees and costs, in addition to any other relief to which it may be entitled. Illegal or invalid If any provision of the Agreement is held to be invalid, illegal or otherwise unenforceable, it shall, to the extent possible, be enforced consistently with the stated intention of the client and Radon Assurance, or, if incapable of such enforcement, stricken from this agreement and all other provisions shall remain in full force and effect. The client may only transfer this agreement if the client sells the structure. Miscellaneous Radon Assurance is not implying or guaranteeing the covered system will remove all harmful gas such as radon from the clients structure. Furthermore, Radon Assurance does not guarantee that any individual will not be harmed from the air in the structure that is covered under this agreement. This includes cancer and all other illnesses. This service agreement guarantees the clients current radon system is functioning properly. This agreement does not guarantee the system will keep radon levels under the EPA’s recommend levels. If a radon test provided by Radon Assurance detects radon levels over 4 pci/l, Radon Assurance will provide a technician to evaluate the system and provide a plan to reduce radon levels to an acceptable level as determined by the EPA. Some systems have exhaust pipes penetrating the roof. Radon Assurance makes periodic inspections on the system. If we find the roof is leaking, we have roofing contractors available to make the repairs. These repairs will be made at the request of the client and the clients willingness to reimburse Radon Assurance for the cost of the repairs. We do not cover any additional costs the water intrusion might have caused to the structure of the home or personal property in the home. This is a service agreement with Radon Assurance. This is not an insurance contract/policy. Upon advanced notice to the client, Radon Assurance may adjust pricing, terms and/or coverage for the renewal of this Agreement, which will take effect at the end of the current Term. Express Warranty The Service will be provided with the same reasonable degree of care customarily provided within the home service industry. If this express warranty is breached, Radon Assurance shall, at our option, re-perform the Service or refund the Price. In no event shall Radon Assurance be liable for any indirect, special, punitive or consequential damages of any kind suffered by the client or any third party, for example, lost profits, business interruptions or other economic loss related to this agreement or the service. Radon assurance shall not be liable for any damages related to the cost of procurement of substitute service; an losses, losses, liabilities or claims incurred or arising in connection with the use of service; or the acts or omissions of the client or the clients agents, insurers or contractors. Thank you!
