Terms and Conditions
Last Updated: 08/19/25
Terms and Conditions
Welcome to Air Quality Testers. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.airqualitytesters.com website and the environmental health and safety consulting services (the "Service") operated by Air Quality Testers LLC ("us", "we", or "our").
LIMITATION OF LIABILITY; WAIVER AND RELEASE
The provision of environmental health and safety consulting services (collectively “Services”) by AIR QUALITY TESTERS LLC and its affiliates, employees, independent contractors, agents, and representatives (collectively, “AQT”) to customer (“Customer”) are expressly contingent upon Customer’s acceptance of this LIMITATION OF LIABILITY; WAIVER AND RELEASE (“Limitation, Waiver and Release”). Customer understands and acknowledges that AQT would not provide any Services to Customer, but for Customer’s acceptance of this Limitation, Waiver and Release. Accordingly, by ordering the Services, Customer hereby accepts this Limitation, Waiver and Release for the benefit of AQT, and its affiliates, employees, independent contractors, agents, and representatives, AND CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS LIMITATION, WAIVER AND RELEASE.
LIMITATION OF LIABILITY
Customer understands that environmental testing and consulting services represent findings at a static moment in time and are subject to many changing and dynamic variables, including without limitation: weather, ventilation, structural characteristics, time of day, and sampling locations. Customer acknowledges that results may vary under different circumstances.
No representation or warranty is made regarding the environmental condition of materials, areas, or portions of the property not sampled or tested. Any findings are limited to the specific samples and locations tested, and no inference or conclusion should be drawn about untested materials or areas.
THE SERVICES ARE PROVIDED "AS IS". ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AQT AND ITS AFFILIATES, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE SERVICES.
IN NO EVENT SHALL AQT, ITS AFFILIATES, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, LOSS OF PROFITS, LOSS OF REPUTATION, OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AQT’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT, PROVEN DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT ACTUALLY PAID TO AQT BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM. AQT’S ENTIRE LIABILITY SHALL BE SATISFIED BY A RETURN OF FEES PAID BY CUSTOMER.
SERVICES AND SCOPE OF WORK
AQT is authorized to perform asbestos, lead, microbial and environmental consulting services, including the identification, assessment, and mitigation of related risks in residential and occupational environments. These services may involve, but are not limited to, bulk sampling and clearance sampling. Where necessary, AQT may engage certified third-party vendors (e.g., analytical laboratories, waste haulers, drilling contractors) to support these activities.
AQT will furnish the Customer—and, if applicable, the Customer’s insurance provider—with regulatory guidance and documentation in the form of technical summary reports ("Report of Findings"), written programs, and/or training certificates or rosters.
The Customer is responsible for providing an accurate Scope of Work that includes all areas, materials, systems, and building components that may be impacted during demolition or renovation. Coordination with the Customer’s contractors and/or insurers is required to confirm the Scope’s accuracy prior to AQT beginning its assessment.
The Customer agrees to promptly inform AQT of any inconsistencies, errors, or missing elements related to the Scope of Work, deliverables, or services before any demolition, renovation, or further third-party inspection work begins.
The Customer understands that unforeseen site conditions or revisions to project requirements (e.g., scope, schedule, or specifications) may necessitate additional visits or services.
The Customer grants AQT the right to correct any deficiencies or issues identified in the Scope of Work, including the right to revisit the site for resolution purposes. Any modifications to the Scope of Work requested by the Customer—including adjustments to timeline, deliverables, or service details—may result in additional costs. The Customer agrees to cover these costs if such changes are requested and approved.
WORK PRODUCT
"Work Product" is defined as the final deliverables produced based on the services completed. These may include: formal documentation such as a technical summary report or memorandum outlining the methods used and findings observed, and/or training rosters and certificates as applicable.
The Customer acknowledges that verbal discussions or informal communications (e.g., preliminary emails) from AQT prior to issuance of formal deliverables shall not be considered official Work Product.
AQT will only perform services expressly defined in the Scope of Work. Additional work will require a separate Work & Pay Authorization approved by the Customer.
The Customer acknowledges and agrees that AQT does not guarantee specific results or regulatory outcomes and makes no warranties—express or implied—regarding the effectiveness of its services in resolving hazardous material issues.
LIMITATION OF LIABILITY FOR INSPECTION ACTIVITIES
The Customer understands that the performance of inspection-related services by AQT may require direct interaction with structural elements and building finishes—including sampling, drilling, or limited material removal. As such, AQT shall not be responsible for any incidental or unintentional damage caused during these procedures, provided work is carried out using reasonable care and accepted professional standards.
The Customer also accepts full responsibility for any required restoration or repair unless otherwise agreed in writing before the inspection begins. This limitation applies regardless of any special attributes of the affected materials.
NOTICE OF CLAIM
The Customer agrees that any concerns or complaints regarding services provided must be reported to AQT in writing at the earliest opportunity upon discovery. The Customer also grants AQT reasonable time and access to re-inspect or evaluate any claim before any repairs or alterations are made by the Customer or its contractors. Failure to allow sufficient time or notice may invalidate any claim related to the issue, except as required by law.
BILLING & PAYMENT TERMS
Customer agrees to compensate AQT either on a fixed-price or time-and-material basis, as outlined in the proposal. Invoices will reflect charges for time, travel, sampling, and documentation.
Payment is due at the end of each job and must be received before any samples are submitted to the laboratory.
If a purchase order is required for payment, the Customer must provide this number before work begins. Failure to do so will release AQT from any obligation to honor that requirement.
In cases where collection or legal proceedings become necessary, the Customer agrees to cover all costs incurred, including attorney fees, court costs, and any other related expenses. This Agreement will be enforced according to California law, with venue restricted to Alameda County.
RELEASE
Except as otherwise expressly set forth herein, Customer, on behalf of him/herself and each other occupant and invitee of the premises at which the Services will be provided (“Premises”), and his/her and their personal representatives, heirs, executors, administrators, agents, successors and assigns (each, as “Releasor”) hereby fully and unconditionally RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE AQT, AQT’s affiliates, employees, independent contractors, agents, representatives, successors, and assigns (each as “Releasee”), for and from any and all liability claims, demands, or course of action whatsoever arising out of or related to any loss, damage, or injury that may be sustained by a Releasor, or to any property belonging to a Releasor, EVEN IF CAUSED BY THE NEGLIGENCE OF A RELEASEE, arising from or related to the Services, the results of the Services or any error in the performance of the Services.
ACKNOWLEDGMENTS
Customer hereby expressly agrees that this Limitation, Waiver and Release shall be construed in accordance with the laws of the State of California. Customer further expressly agrees that this Limitation, Waiver and Release is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Limitation, Waiver and Release is not intended as an attempted release of claims of gross negligence or intentional acts or other claims that by law cannot be released.
Customer acknowledges that he/she has carefully read this Limitation, Waiver and Release and fully understands that it is a limitation of liability waiver and release. Customer is aware and agrees that by accepting this Limitation, Waiver and Release, Customer is giving up his/her right to bring a legal action or assert a claim against AQT or a Releasee for negligence, or for any Services or defective Services. Customer has read and voluntarily accepts this Limitation, Waiver and Release and further agrees that no oral representations, statements, or inducements have been made by AQT or any Releasee.
By ordering the Services, Customer accepts and agrees to be bound and abide by this Limitation, Waiver and Release. If Customer does not want to agree to this Limitation, Waiver and Release, Customer should not order the Services.
If you have any questions about these Terms and Conditions, please contact us at:
Air Quality Testers
+1 888-850-0680
