The fee is based on a single visit to the property. The fee charged for mold sampling is substantially less than that of a technically exhaustive inspection of the property itself.
Purpose: The purpose of SAMPLING is to sample the air or specific physical locations of the property for the presence of mold and sending the samples to be analyzed by a laboratory.
Scope: The scope of the sampling is ONLY to provide the customer with information as to what types and what concentration of mold (if any) the mold lab identifies that may exist in the air at specific areas at the property OR at a specific location where we took physical swabs or tape samples from. Randon Sampling results are based on the condition of the property at the precise time and date the samples are taken and on the laboratory analysis of the samples collected.
Sampling also can only show conditions at specific locations. Other locations of the home may have contamination but if air samples are not taken, could go undiagnosed. Air samples will not diagnose all mold issues. Only direct samples may be taken if visible fungal growth is present. Holmes Inspection Company will only perform air samples and direct samples. NO testing of other building materials will be done. Including things like carpet, linens, pillows, drapery, etc.
As a courtesy the Holmes Inspection Company may point out conditions around the property that could contribute to mold growth, but such comments are not intended to diagnose the issues related to conditions that could contribute to the suspected mold at the property. Customer also understands that if UNUSUAL or ELEVATED mold is found through testing, that they should have further evaluation and consultation with specialists who may perform further intrusive tests or mold remediation to properly diagnose and confirm any finding the test results may have.
This agreement constitutes that no partial or full property inspection was performed; only air sampling or direct sampling of the suspect areas. Suggestions on possible areas that could be contributing to the suspected mold on the property cannot be guaranteed accurate. Often demolition or removal of other structures, such as drywall or wall coverings, has to be done to fully determine the causes of moisture intrusion.
LIMITATION OF DISCOVERY & CLAIM: The CLIENT(s) acknowledges and agrees that, any action to recover damages for any cause including errors or omissions, or any other cause or causes of action, (including, but not limited to, breach of contract or warranty, violations of the Consumer Protection Act, or any other common law theory or statutory violation or claim alleged), by INSPECTOR / COMPANY or Mold Lab relating to the mold sampling or the mold report must be brought not more than twelve (12) months from the date INSPECTOR / COMPANY performed the mold sampling.
In the event that the INSPECTOR / COMPANY is found to be liable to CLIENT(s) for any of the above listed acts or causes of action then the liability of the INSPECTOR / COMPANY for the aggregate of such claim(s) is limited to a sum equal to the inspection fee paid by CLIENT(s) for the mold sampling. If requested by CLIENT(s), the INSPECTOR / COMPANY may be willing to assume a greater liability, but only for an additional charge to be agreed upon by CLIENT(s) and INSPECTOR / COMPANY. If the INSPECTOR / COMPANY and CLIENT(s) so agree, the terms and fee would be defined in a separate document.
Dispute Resolution: We perform sampling to the best of our ability; however we are not a warranty or guaranty and conditions can change due to circumstances beyond our control; there may be hidden or latent defects not readily visible to us. Therefore, it is agreed by all parties that the mold lab and Holmes Inspection Company, its employees or sub-contractors are not liable for hidden or latent defects, nor are they a guaranty or insuror, and we shall not be held responsible or liable for any claims, repairs or replacements with regard to this property for unseen defects or conditions. Any dispute between Holmes Inspection Company and CLIENT(s), owner, etc. will be settled by "Final and Binding Arbitration" under the "RULES and PROCEDURES" of the Construction Industry Disputes of American Arbitration Services, Inc. Arbitrator is to be a Certified NAHI / ASHI member.