Terms and Conditions
Last Updated: 05/30/26
These Service Terms and Conditions (the "Terms") apply to environmental testing, inspection, sampling, consulting, reporting, travel, walkthrough, and related services provided by Air Quality Testers LLC ("AQT," "we," "us," or "our") to the person or entity requesting, booking, ordering, approving, paying for, or receiving the services (the "Client," "Customer," or "you").
These Terms are intended to work with the applicable estimate, invoice, proposal, booking form, payment link, scope of work, email confirmation, text confirmation, or other written/electronic confirmation describing the specific services, fees, schedule, locations, samples, and deliverables for a project (each, a "Service Order" or "Scope of Work").
1. Acceptance of Terms
By requesting, booking, approving, ordering, authorizing, paying for, or accepting AQT services, or by checking a box or otherwise electronically acknowledging these Terms, you agree to be bound by these Terms and the applicable Service Order. If you do not agree to these Terms, you should not order or authorize AQT services.
Acceptance may occur by any reasonable written or electronic method, including but not limited to checking an online box, approving an estimate, invoice, proposal, booking form, payment link, Scope of Work, email, text message, electronic signature, online form, or other written/electronic confirmation. Physical or electronic signatures may be used, but are not required unless AQT specifically requires a signature for a particular project.
2. Services and Scope of Work
AQT may provide environmental testing, inspection, sampling, consulting, reporting, travel, onsite walkthrough, moisture screening, mold assessment, asbestos testing, lead testing, allergen testing, VOC testing, formaldehyde testing, fire-related testing, radon testing, clearance or post-remediation verification, and related services, as described in the applicable Service Order.
AQT will perform only the services expressly described in the applicable Service Order. Any services, rooms, areas, materials, systems, units, buildings, samples, reports, letters, turnaround times, or deliverables not expressly included are excluded unless approved by AQT in writing or electronically.
3. Estimates, Service Orders, and Changes
The applicable Service Order will identify the project-specific scope, property address, service type, areas to be inspected or sampled, sample counts, fees, deposits, payment schedule, turnaround time, and deliverables where applicable.
If the Client requests additional services, additional samples, expedited turnaround, return visits, added locations, added service lines, expanded reporting, legal/insurance support, or additional documentation beyond the approved scope, AQT may require approval of an updated estimate, invoice, proposal, change order, payment link, or other written/electronic authorization before proceeding. Approval by checkbox, payment, written confirmation, text, email, or electronic acknowledgment may be treated as acceptance of the change order or revised Scope of Work.
4. Client Obligations, Access, and Site Conditions
The Client is responsible for providing safe, timely, and lawful access to the property and to all areas included in the Service Order. Before fieldwork begins, the Client must disclose known hazards, restricted areas, aggressive animals, unsafe conditions, asbestos concerns, lead concerns, water intrusion, contamination, structural risks, access limitations, security requirements, occupant sensitivities, landlord/tenant issues, contractor requirements, insurance requirements, regulatory deadlines, and any other condition that could affect access, safety, scope, or performance of the services.
AQT may rely on information, documents, statements, disclosures, access details, approvals, and instructions provided by the Client or other project participants. AQT is not responsible for delays, deficiencies, inaccuracies, omissions, costs, claims, or losses caused by incomplete, inaccurate, misleading, untimely, or unavailable information provided by others.
5. Fees, Deposits, Advance Payments, and Payment Terms
The Client agrees to pay all fees, deposits, expenses, sample charges, travel charges, laboratory charges, expedited charges, administrative charges, and other amounts described in the applicable Service Order or otherwise approved by the Client.
Any security deposit, scheduling deposit, booking deposit, appointment reservation fee, or similar advance payment required by AQT is paid in consideration of AQT reserving time, staffing, equipment, partner-provider availability, administrative resources, and project capacity. Such deposits or advance payments may be deemed earned and non-refundable once AQT has reserved appointment time, assigned personnel or partner providers, declined or delayed other project opportunities, incurred administrative or coordination time, or otherwise allocated resources for the Client’s project, except as otherwise agreed by AQT in writing or as required by applicable law.
Payment of all amounts then due must be received by AQT before samples are submitted to any laboratory and before any final report, laboratory result package, clearance letter, or other final deliverable is released, unless AQT agrees otherwise in writing. AQT may withhold sample submission, laboratory processing, reporting, interpretation, clearance documentation, and/or final deliverables until all amounts due are paid in full.
Invoices are due as stated in the Service Order or invoice. If no different due date is stated, invoices are due upon receipt. Late fees, collection costs, and reasonable attorney fees may apply to unpaid balances to the maximum extent permitted by law.
6. Laboratory Analysis and No Refunds After Processing
The Client acknowledges that services may include professional fieldwork, sample collection, laboratory coordination, laboratory analysis, administrative processing, documentation, and reporting. Once any samples have been submitted to the laboratory, processed by the laboratory, or laboratory results have been generated, all fees and amounts paid or payable in connection with such services are non-refundable, except as otherwise required by law.
AQT does not control analytical findings, laboratory conclusions, environmental conditions, or reported results produced by independent third-party laboratories. The Client is not entitled to a refund, chargeback, credit, offset, withholding, or payment reversal solely because the Client disagrees with, is dissatisfied with, or is unhappy with laboratory findings, environmental conclusions, interpretation of results, clearance status, or the outcome of the testing process.
7. Third-Party Laboratories, Vendors, and Subcontractors
AQT may use independent third-party laboratories, consultants, contractors, couriers, vendors, partner providers, or other service providers to support the services. By ordering or accepting services, the Client consents to AQT’s use of such third parties where AQT deems appropriate.
Laboratory results, turnaround times, analytical limitations, reporting formats, chain-of-custody requirements, quality-control procedures, sample rejection decisions, courier timing, and other factors may be established, controlled, or affected by the applicable laboratory or third-party vendor. AQT is not responsible for delays, errors, omissions, sample rejection, courier delays, laboratory limitations, or other acts or omissions of third parties outside AQT’s reasonable control, except as otherwise required by law.
8. Testing and Inspection Limitations
Environmental testing, inspection, sampling, observations, findings, conclusions, and reports reflect conditions observed or sampled only at the specific locations tested and only at the time the services are performed. Indoor and environmental conditions may change over time and may be affected by weather, ventilation, humidity, temperature, occupancy, cleaning practices, HVAC operation, water intrusion, construction or demolition activity, disturbance of materials, source migration, and other factors beyond AQT’s reasonable control.
AQT makes no representation, warranty, or guarantee that conditions existing before or after the date and time of services are the same as those observed, sampled, or reported by AQT. AQT makes no representation or warranty regarding any material, area, system, room, unit, void, cavity, component, or portion of the property that was not inspected, sampled, tested, or expressly included within the applicable Service Order. No inference should be drawn regarding untested or excluded areas unless expressly stated in AQT’s final written report.
The services are limited in nature and cannot guarantee identification of every condition, source, contaminant, defect, exposure pathway, concealed condition, or future condition at the property.
9. Inspection and Sampling Risks; Limited Disturbance
Inspection and sampling may involve direct interaction with building materials, finishes, dust, surfaces, air systems, or structural components, including limited disturbance, swabbing, tape lifts, drilling, cutting, bulk sampling, dust collection, pump placement, equipment placement, or visual inspection. The Client accepts responsibility for restoration, patching, painting, repair, or replacement arising from or related to inspection or sampling activities, unless AQT expressly agrees otherwise in writing.
AQT is not responsible or liable for incidental or unavoidable damage caused by reasonable inspection or sampling activities performed using ordinary care and accepted professional practices.
10. Work Product and Preliminary Communications
Final written reports, data summaries, laboratory result interpretations, letters, memoranda, and other final written deliverables issued by AQT are the official work product for the applicable project ("Work Product"). Verbal comments, text messages, preliminary emails, informal discussions, field observations, draft materials, and preliminary laboratory updates are not official Work Product and should not be relied upon as final findings, conclusions, interpretations, recommendations, or deliverables unless expressly incorporated into a final written report or other final written deliverable issued by AQT.
AQT retains all rights in its non-project-specific tools, methods, processes, techniques, templates, report formats, frameworks, know-how, and proprietary materials. The Client receives the right to use the final Work Product for the intended project purpose, subject to these Terms and payment in full.
11. No Guarantees; Client Decisions
AQT provides no promise or guarantee regarding the outcome or results of services, laboratory findings, clearance status, regulatory results, remediation results, insurance decisions, landlord/tenant outcomes, health outcomes, real estate outcomes, or third-party decisions. AQT will use sound professional practices in accordance with generally accepted industry standards applicable to the services performed.
The Client remains solely responsible for decisions and actions regarding occupancy, reoccupancy, relocation, repairs, remediation, demolition, disposal, construction, reconstruction, insurance claims, legal disputes, tenant or landlord communications, real estate disclosures, medical care, and compliance with applicable laws, regulations, codes, or government requirements, unless otherwise expressly agreed by AQT in writing.
12. Legal, Administrative, Insurance, and Dispute-Related Participation
If AQT, its owners, employees, consultants, contractors, agents, or representatives are required or requested to participate in any legal, administrative, insurance, landlord-tenant, construction, real estate, governmental, regulatory, or dispute-related matter arising out of or relating to the services, Service Order, samples, laboratory results, reports, findings, communications, site conditions, project conditions, or Work Product, the Client agrees to compensate AQT for all time, fees, costs, and expenses reasonably incurred in connection with such participation, unless otherwise prohibited by law.
Compensable time may include preparation, testimony, consultation, file review, record retrieval, document production, communications with attorneys, insurers, landlords, tenants, property managers, contractors, experts, government agencies, or other participants, declarations, subpoenas, depositions, hearings, mediations, arbitrations, inspections, site meetings, conferences, travel, waiting time, and technical explanation outside the original project scope. AQT may require advance payment or a retainer before providing such services, unless legally compelled otherwise.
13. Notice of Concerns and Opportunity to Review
The Client must notify AQT in writing of any concern, complaint, alleged error, omission, damage, deficiency, or claim arising out of or relating to the services as soon as reasonably possible after discovery and before the Client performs or authorizes any repair, remediation, demolition, disposal, alteration, additional third-party testing, corrective work, or other activity that may affect, disturb, remove, obscure, or alter the condition, location, materials, samples, or circumstances at issue, except where immediate action is reasonably necessary to protect health, safety, or property from imminent harm.
The Client agrees to provide AQT a reasonable opportunity to review the matter, access the site, re-inspect, re-sample, evaluate the alleged issue, and, if appropriate, propose a resolution before the Client incurs, commits to, or asserts related damages, costs, or remedial expenses. Failure to provide timely written notice and reasonable access may limit, reduce, or bar claims to the extent AQT is prejudiced thereby.
14. Confidentiality
AQT and the Client will take reasonable steps to protect non-public confidential information disclosed by the other party in connection with the services. Confidential information does not include information that is publicly available, already known without confidentiality obligations, independently developed, or lawfully received from a third party without restriction. AQT may disclose information as necessary to perform the services, use laboratories or vendors, comply with law, respond to valid legal process, collect unpaid amounts, or protect its rights.
15. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" TO THE MAXIMUM EXTENT PERMITTED BY LAW. AQT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQT AND ITS AFFILIATES, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, THIRD-PARTY, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF REVENUE, LOSS OF REPUTATION, COSTS OF SUBSTITUTE SERVICES, OR CLAIMS ARISING FROM THE USE OF OR RELIANCE ON THE SERVICES OR WORK PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQT’S CUMULATIVE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, ANY SERVICE ORDER, OR THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID TO AQT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMITATION.
17. Release and Responsibility for Third Parties
Except as expressly provided in writing, AQT is not responsible for the acts, errors, omissions, delays, nonperformance, workmanship, judgments, advice, findings, conclusions, or services of any remediation contractor, general contractor, landlord, tenant, property manager, real estate agent or broker, insurer, attorney, physician, laboratory, consultant, subcontractor not retained by AQT, or other third party. The Client assumes all risk of reliance on such third parties.
These Terms are not intended to release claims that cannot lawfully be released, including claims based on gross negligence, willful misconduct, or other non-waivable rights.
18. Communications and Transactional Messages
AQT may communicate with the Client by phone, email, text message, online forms, payment links, or other communication methods for service-related purposes, including estimates, scheduling, appointment reminders, access instructions, invoices, payment reminders, sample status, report delivery, and account notices. If the Client separately consents to transactional text messages, message frequency may vary and message and data rates may apply. Reply HELP for help or STOP to opt out where applicable.
Marketing text messages, if any, should be authorized through a separate marketing consent and are not required as a condition of purchasing services, unless otherwise permitted by law.
19. Governing Law, Venue, and Dispute Resolution
These Terms and the services shall be governed by the laws of the State of California, without regard to conflict-of-law principles. Unless otherwise required by law or agreed in writing, venue for disputes shall be in Alameda County, California.
Any dispute that cannot be resolved by negotiation may be resolved in Small Claims Court if within the applicable jurisdictional limit. Disputes exceeding the Small Claims Court jurisdictional amount may be subject to binding arbitration before JAMS or another agreed arbitration provider, except that either party may seek temporary restraining orders, preliminary injunctions, or other equitable relief from a court of competent jurisdiction where appropriate. The prevailing party in an action or proceeding to enforce these Terms may recover reasonable attorney fees and costs to the extent permitted by law.
20. Website Use Terms
Use of AQT’s website is subject to these Terms and any separate website privacy policy, cookie policy, SMS policy, or other online terms posted by AQT. Website content is provided for general informational purposes and does not constitute a site-specific assessment, professional conclusion, clearance, medical advice, legal advice, or guarantee. AQT may update these Terms from time to time by posting an updated version on its website.
21. Severability and Entire Terms
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by law. These Terms, together with the applicable Service Order and any approved change order or written/electronic confirmation, constitute the agreement between AQT and the Client for the applicable services, unless replaced by a separately signed written agreement.
22. SMS Terms of Service
By opting into SMS from a website form, deposit form, phone call, text message, or other communication with Air Quality Testers LLC, you agree to receive SMS messages from Air Quality Testers. These messages may include customer care messages, appointment scheduling, appointment confirmations, appointment reminders, arrival updates, project coordination, deposit form links, invoice/payment reminders, lab/sample status updates, report delivery notices, and service-related follow-ups.
Message frequency varies. Message and data rates may apply. You may reply STOP at any time to opt out. For assistance, reply HELP or call +1 888-850-0680 ext. 101. You may also visit https://airqualitytesters.com.
For privacy information, visit https://airqualitytesters.com/privacy-policy.
23. Contact Information
If you have questions about these Terms and Conditions, please contact:
Air Quality Testers LLC
Email: [email protected]
Phone: +1 888-850-0680
Website: https://airqualitytesters.com