Terms of Services
This Agreement is entered into between Guardian Mold Testing (“Inspector”) and the undersigned client (“Client”) for the purpose of conducting a mold inspection at the property listed below.
1. Scope of Services
Guardian Mold Testing will conduct a limited visual inspection for potential mold presence and may collect air or surface samples for laboratory analysis. This is a non-invasive, observational inspection only and does not constitute a guarantee, warranty, or health diagnosis.
2. No Health or Legal Advice
The information provided during the inspection or in the final report is not intended as medical advice, legal advice, or environmental remediation guidance. The Client is advised to consult qualified professionals for interpretation or action based on findings.
3. Limitations of Inspection
The inspection is limited to visible and accessible areas only.
The Inspector will not move personal belongings, disturb structural elements, or open sealed cavities.
Mold may exist in areas not accessible or visible at the time of inspection.
4. Sampling Limitations
Sampling is limited to specific areas chosen by the Client or Inspector. Mold may exist in unsampled areas. No guarantee is made that all mold sources or conditions are detected in this inspection.
5. Third-Party Laboratory Disclaimer
Sample analysis may be conducted by an independent, accredited laboratory. Guardian Mold Testing is not responsible for errors, delays, or inaccuracies in third-party lab results or interpretations.
6. Property Condition and Damage Waiver
Inspector will take reasonable care during inspection and sampling. However, Client agrees that Guardian Mold Testing is not responsible for incidental damage that may occur from normal procedures such as surface swabbing or air sampling.
7. Limitation of Liability
To the fullest extent permitted by law, the total liability of Guardian Mold Testing for any claims, damages, or losses shall be limited to the amount paid by the Client for the inspection. Guardian Mold Testing shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of use, remediation costs, health impacts, or property devaluation.
8. Indemnification
The Client agrees to indemnify, defend, and hold harmless Guardian Mold Testing, its owners, agents, and contractors from any and all claims, damages, or legal actions arising from or related to the inspection or use of its results.
9. Not for Real Estate Use
The inspection and report are for the personal use of the Client only. They are not to be used in connection with real estate transactions, including buying, selling, appraising, or financing a property. This report does not replace a general home inspection.
10. No Warranties or Remediation Advice
No express or implied warranties are provided. Guardian Mold Testing does not provide construction or remediation advice. Any comments are general in nature and not to be relied upon for remediation decisions.
11. Dispute Resolution
Any disputes arising under this agreement shall be resolved through binding arbitration in Santa Barbara County, California. Each party shall bear its own attorney's fees.
12. Rental Kit Terms
The Client agrees to follow all usage instructions provided with the rental kit.
The Client assumes responsibility for the care and proper use of the equipment during the rental period.
The standard rental period is 24 hours from the time of pickup or delivery.
Any damage, loss, or failure to return the equipment will result in charges for repair or replacement.
Late returns are considered any return made more than 24 hours after the rental period ends. Late returns are subject to a fee of $100 per day until the equipment is returned.
The Client acknowledges that the rental equipment is provided on an 'as-is' basis, with no warranty or guarantee of test results.
Failure to return the equipment within 7 days of the due date will result in a charge equal to the full replacement cost of the equipment.
12.1 Credit Card Authorization for Rental Kit (Revised)
The Client agrees to provide a valid credit card at the time of rental. By signing this agreement, the Client authorizes Guardian Mold Testing to securely store the card information and charge the card for the following situations:
Late Return Fees: $100 per day for any return made more than 24 hours after the rental period ends.
Replacement Cost: Up to $700 if the rental equipment is not returned within 7 days of the due date or is returned damaged.
Damage Fees: Charges equal to the cost of repair or replacement if the equipment is returned damaged.
This authorization does not constitute an immediate charge. The card will only be charged if any of the above conditions are met.
13. Acceptance of Terms
By signing below, the Client acknowledges they have read, understood, and voluntarily agree to the terms of this agreement.