Terms

Thank you for choosing GREEN HOME SOLUTIONS to resolve your air quality issues. These terms and conditions (the “Agreement”) apply to your purchase(s) from Green Home of (Entity Name) (the “Company”). It contains important information about your rights and obligations, as well as limitations and exclusions that apply to you.

By engaging the Company to provide you with the items described on your estimate above (the “Estimate”), you acknowledge that you have read, accepted, and agreed to be bound by these terms and conditions. These terms and conditions are subject to modification without prior written notice at any time in the Company’s sole discretion. If there are material modifications or amendments to the terms and conditions, the Company will notify you by reasonable means.

1. Price and Payment Terms.

Your total price for the items you purchase will be stated on your Estimate. Terms of payment are within the Company’s sole discretion and, unless otherwise agreed to by the Company, payment must be received by the Company prior to the Company’s performance of services. Payment for the products and services must be made by credit card (Visa or MasterCard), debit card (issued by Visa or MasterCard), check or some other prearranged payment method, unless credit terms have been agreed to by the Company. Any price quotations given by the Company will be valid for the period stated on the Estimate.

If at any time a contractor, home improvement specialist, or similar company is performing work for you on your property and recommends work that you want the Company to perform that is not included in your original Estimate, the cost of any such additional work will be your responsibility. At your request, the Company will provide an additional Estimate for that work.

2. Site Conditions and Services Not Covered.

You must keep adults, children, pets, and vegetation away from the Company’s treatments until dry, dissipated, or aerated and as set forth on the Estimate. Those sensitive to airborne treatment should check with their physician in advance of the treatment. All initial treatments and recommendations by the Company are typically based on non-destructive visual inspection and moisture testing. At times, the Company may recommend or you may choose to undertake destructive inspection measures at your cost. Under no circumstances will the Company be responsible for repairing or restoring damage caused by a destructive inspection process. The Company cannot and does not guarantee that any mold or damage discovered during the initial or subsequent visual inspections of the area(s) comprises all of the mold or damage which may exist in the area(s) at the time of inspection.

3. Customer Obligations.

You shall cooperate with the Company in all matters relating to the services listed in the Estimate, and provide such access to your premises as may reasonably be requested by the Company to provide the services. You shall respond promptly to any request by the Company to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for the Company to perform the services. Following completion of the services, you shall inspect the work completed. Any claims with respect to the services must be made within ten (10) days after completion. The Company will not be responsible for claims to third parties due to Customer’s failure to inspect.

If the Company’s performance of its obligations under the Estimate is prevented or delayed by any act or omission of you or your agents, subcontractors, consultants or employees (including the acts or omissions of any third party), the Company shall not be deemed in breach of its obligations thereunder or otherwise liable for any costs, charges, or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay.

4. Limited Warranty.

The Company provides the following warranties for its services:

a. Mold Remediation. There are no established guidelines for unacceptable air quality caused by mold. Mold is a naturally occurring phenomenon. Certain types of toxic indoor molds may cause health problems in some people, while triggering only common allergic responses in others. Non-toxic indoor molds are ordinarily no more than a common nuisance. Your housekeeping and living habits are an integral part of the ability of mold to grow. In order for mold to grow, water and/or moisture must be present. The Company cannot control the presence of moisture in your home.

Provided you purchased all items described on the Estimate and the Company was permitted and able to complete all such items in a timely manner, the Company also warrants that no actionable levels of mold will return in the remediated area(s) during the one year term beginning on the date listed on Certificate of Successful Mold Remediation provided by the Company. The Company warrants that mold remediation services will be performed to IICRC520 standards.

Scope of Warranty: During the 1-year Warranty period, the Company will re-treat any area(s) included within the Estimate to bring air quality within those areas into a range of normal fungal ecology as established by samples tested by an independent third-party AIHA Accredited laboratory. The presence of new actionable mold must be confirmed by a visual inspection by the Company, and an independent third-party AIHA Accredited laboratory test arranged by the Company. Upon the discovery of actionable mold, you must immediately call the Company, who shall have the first opportunity to address those area(s). Your failure to allow the Company the first opportunity to remediate the area(s) of new mold shall void all warranties, express and implied, hereunder. You must telephone the Company within twenty-four (24) hours of discovery of any warranty claim. The Company will respond with reasonable promptness between the hours of 8:30 a.m. to 4:30 p.m. Local time, Monday through Friday, excluding holidays.

This Warranty is limited in value to the original purchase price of your services. In the event that the costs of any service(s) required to rid the area of mold exceed the total original service price, the additional amount is your responsibility. This Warranty does not cover any services, costs, repairs or improvements you incur, or any other service provider or contractor you hire.

Exclusions: This Limited Warranty will not apply to the recurrence of mold in the area(s) within the Estimate caused by any of the following:

(i) Damage done to the area(s) treated or its contents prior to the remediation work, nor any such damage that may be done subsequent to the remediation work.

(ii) Damage from flooding, freezing, plumbing malfunctions, such as burst pipes, water heater malfunctions, drain blockages, roof leaks, blocked gutters, Acts of God, or moisture intrusion from any source.

(iii) Any work performed subsequent to the original Company mold service, including remodeling, plumbing, grading, landscaping, roofing or gutter repairs or replacement.

(iv) Ventilation problems such as blocked exhaust vents, malfunctioning of exhaust fans, non-utilized or malfunctioning de-humidifier (whether or not installed pursuant to the original Scope of Work).

(v) Any work performed by you, a subsequent homeowner, or any other contractor subsequent to the original Company mold service within the job scope area established by the Estimate.

b. Indoor Air Testing. All work is to be done in a good and workmanlike manner. All samples will be tested by an independent third-party AIHA Accredited laboratory.

c. All Other Products and Services. All work is to be done in a good and workmanlike manner.

The Company shall not be liable for electrical or other damage relating to drywall, stucco, roof, carpet, tile, floor, windows, fixtures, plumbing, furniture and personal property from any defect or delay in responding to said warranty. You must take reasonable steps to mitigate damages. In the event that a manufacturer offers a warranty, that warranty shall negate and supersede the Company’s warranty.

This is a limited warranty and is exclusive and in lieu of all other warranties, express or implied, including, without limitation, warranties of habitability, workmanship, quiet enjoyment, merchantability, and fitness for a particular purpose, all of which are hereby denied by the Company and waived by you. In no event shall the Company be liable to you under any theory for any anticipated or lost profits or any incidental or consequential loss.

Transferability. This 1-year Limited Warranty applies to the work performed and attaches to the residence. The Limited Warranty is freely transferrable in the event of a change in ownership of the residence during the Limited Warranty period.

This warranty gives you specific legal rights. You may also have other rights that vary from state to state. Some states limit or disallow certain disclaimers of warranties, so certain portions of the above disclaimers and exclusions may or may not apply to you.

The Company reserves the right to modify its warranty at any time, in its sole discretion.

5. Unforeseen Conditions.

If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, you agree to accept responsibility for such conditions and those circumstances outside the control of the Company. You further agree to pay for any labor or materials, including repair to the Company’s damaged equipment caused by such conditions and/or circumstances.

6. Limitation of Liability.

The Company, its service providers, employees, agents, officers and directors shall have no liability whatsoever including, without limitation, for loss of revenue, income or profit, diminished resale value of a home or its contents, loss of use of home or its contents, pain and suffering, emotional distress or similar damages, or other consequential, special, indirect or punitive damages, even if the Company has been advised of the possibility of such damages, or for any claim by any third party. You acknowledge and agree that the total liability of the Company, its service providers, employees, agents, officers and directors, whether in contract, warranty, representation, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise shall not exceed the amount you paid to the Company. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. Applicable Law; Attorney’s Fees.

This Agreement is made and shall be governed, construed, and enforced in accordance with the laws of the State of your state and county, excluding its conflicts of law principles. You agree that venue shall be proper in the federal and state courts of the State of your state and county, which shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. You expressly consent to (a) the personal jurisdiction of the courts of your state and county and (b) service of process delivered to you by registered mail sent to your address set forth on the Estimate. Reasonable attorneys’ fees and costs, including research and expert witness fees, shall be reimbursed by the losing party to the prevailing party.

8. Severability.

If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.

9. Entire Agreement.

This Agreement sets forth the entire agreement between you and the Company with respect to the subject matter hereof. These terms and conditions may be altered, supplemented, or amended only by an Estimate executed by the Company and not by the use of any other document(s). Any attempt to alter, supplement, or amend this document will be null and void unless otherwise agreed to in a written agreement signed by you and The Company.

This written contract is intended as the final expression of the contract of the parties and parol or extrinsic evidence shall be inadmissible to explain, vary or contradict the express terms of this contract.