MOLD TESTING PROVISIONS

EVALUATION OF MOLD TEST RESULTS

Our evaluation of mold test levels adheres to a straightforward principle. If the spore counts (per cubic meter) of significant mold varieties within a residence do not surpass the “very high” elevated Colorado Historical mold levels (compiled from thousands of actual outdoor mold tests), we deem it as satisfactory and thus we would not infer that remediation is necessary. We know that those levels (and even higher) have occurred here in the past.

We utilize the Colorado Historical levels of outdoor mold spores, supplied by our laboratory partner, EuroFins, to counter potential inaccuracies that a single outdoor control sample test result could show due to weather conditions or other factors. Making a decision about a potential mold hazard based on a single outdoor test would not be prudent due to possible wide variations. The historical data provides us with a comprehensive range of actual, real-world data for comparison, ensuring we make informed decisions about the presence of a mold issue. However, an outdoor test at your location is still necessary as our laboratory requires it to include the Historical data in the report. Please note that our evaluation standard is based on our experience and judgement, and may differ from other companies.

LAB REPORT TO BE PROVIDED

We will provide you the CUSTOMER with copies of the laboratory analysis report that is sent to us by the lab we use (EuroFins). If you wish, when our Inspector is there at your property for the testing, he will discuss with you, his opinion of where he sees as obvious signs of moisture possibly entering the home and thus where mold may be growing. Please note that his opinion should not be used as a final, definitive authority on whether mold or moisture is present and where it may be located. At your request, we can also provide a brief summary of the Lab Results report to assist you in understanding them. EuroFins usually sends us the Lab Results report within 7-10 business days after we submit the samples to the laboratory. We will send it to you shortly after we receive it. Holidays and weekends may delay the results being sent to you. MOLD REMOVAL EXPRESS is not able to determine the presence, extent or type of microbial contamination from visual observations alone. Only laboratory analysis can give a definitive answer to those questions. The lab report will be issued only after the laboratory analysis is completed and payment is made. The reports we provide are not intended to comply with any legal disclosure obligations.

HEALTH CONSIDERATIONS

At MOLD REMOVAL EXPRESS, we prioritize the health and safety of our customers. However, it’s important to note that we are not medical professionals. While we can provide detailed reports on the presence and extent of mold based on laboratory analysis, we are not qualified to give advice or opinions on the potential health risks associated with mold exposure.

The impact of mold on health can vary greatly from person to person, and certain individuals may be more sensitive to mold than others. If you have health concerns related to mold exposure, we strongly recommend consulting with a healthcare professional. They can provide advice tailored to your specific health situation and needs.

Please remember that our primary role is to identify potential mold issues based on our testing and to provide you with accurate data for your consideration. Decisions regarding health implications should always be discussed with a medical professional.

EXPERT WITNESS OR LITIGATION ASSISTANCE

CUSTOMER agrees that if any person associated with MOLD REMOVAL EXPRESS is requested to assist with, cooperate with or participate in any way in any legal action of any kind relating to the work we have done in regard to the property at the above address, MOLD REMOVAL EXPRESS will be entitled to a minimum hourly rate of $200.00 per hour for any time spent with any of the above activities.

EXCLUSIVITY

The report is intended for the sole, confidential and exclusive use and benefit of the CUSTOMER and MOLD REMOVAL EXPRESS has no obligation or duty to any other party. MOLD REMOVAL EXPRESS accepts no responsibility for use by third parties. There are no third-party beneficiaries to this agreement. This Agreement is not transferable or assignable. CUSTOMER understands that MOLD REMOVAL EXPRESS may (but is not obligated to) notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern. CUSTOMER is defined as the person or entity making payment for services described within and may not necessarily be the person or entity listed in the heading as CUSTOMER NAME.

CANCELLATION

If we determine that there is a situation associated with your job that poses legal, safety, labor availability or other significant problems that cannot be resolved when we are to begin the job, we reserve the right to cancel this contract with no penalty or recourse.

LIMITATION OF LIABILITY

It is understood MOLD REMOVAL EXPRESS and the analysis laboratory are not insurers and that the inspection, laboratory analysis and report shall not be construed as a guarantee or warranty of any kind. The CUSTOMER agrees to hold MOLD REMOVAL EXPRESS and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection. Any statements, interpretations or recommendations we make in any report to you are solely our opinion and are based on the detailed Lab Analysis Report and our experience. You should always refer to the actual report for detailed, specific information about the test sample results and how those results are relevant to the mold contamination situation in the property.

MOLD REMOVAL EXPRESS and Express Services LLC (the Company) shall have no liability to the client or the client's customer, tenants, buyers or sellers with respect to decisions or recommendations made, actions taken or courses of conduct implemented by the customer as a result of or based upon the Test Results. In no event shall the Company be liable to the client with respect to the Test Results or our comments about those results nor shall we be liable for incidental or consequential damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law, even if the Company has been advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to the Test Results exceed the amount paid to us.

Customer assumes all liability for any and all damages arising from the content of the report or from the interpretations made in the report by any involved parties.

LIMITATIONS PERIOD

Any legal action arising out of this Agreement or its subject matter must be commenced within one year from the date of the Inspection or it shall be forever barred. The CUSTOMER understands that this limitation period may be shorter than the statute of limitations that would otherwise apply.

LIMITED SCOPE OF TESTING

The scope of our work is limited to the readily accessible areas of the property and is based on the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected. As a courtesy, our inspector will answer your questions while he is there with you, but his observations are not recorded and not included in the report we send you. Please note that we do not use moisture detection instruments or micro-camera devices during our work since they can produce deceptive results.

HIDDEN MOLD

Mold can exist in inaccessible areas such as behind walls, under flooring and above ceilings. Furthermore, mold is present virtually everywhere in our world and it will grow quite easily on organic materials that become wetter than normal for more than a few days. As such, the report we provide for you is not a guarantee that mold does or does not exist in the building. It will simply be the laboratory analysis report from the lab we use along with our notations and evaluations based on our standards. The report is only indicative of the presence or absence of mold as the laboratory identifies it according to the samples collected on the day and time that we perform our work. Also, mold spores are typically too large to penetrate through drywall or other building materials. If your property has mold growth hidden behind building materials it is likely that those spores may not show up in our testing and thus our report may show a passing grade even if there is hidden mold in the home. MOLD REMOVAL EXPRESS is not responsible for mold that cannot be seen by normal observation methods and which may not be present on the day and time that the samples are obtained.

DISPUTE RESOLUTION

We will go out of our way to make things right if you are dissatisfied in any way; however, if we and you get into a disagreement we cannot resolve, you agree that Colorado Law shall apply with respect to this Contract and the performance of its terms. You also agree that any legal action arising from or related to this contract shall be brought and tried in Larimer County, Colorado, and nowhere else. In the unlikely event we cannot resolve a dispute with you without lawyers and/or courts involved we both agree that the prevailing party in any litigation concerning this Contract shall be entitled to their reasonable attorneys’ fees. The Parties agree that damages shall be limited to the amount of this Contract.

NO INVASIVE TESTING WILL BE DONE

We do not allow our inspector to perform any invasive or destructive testing or sampling on your job other than placing a swab or tape-lift device onto a surface to be tested. We do not deviate from this policy.

SEVERABILITY

If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect.

ENTIRE AGREEMENT

This Agreement represents the entire agreement between the PARTIES. No statement or promise to the contrary made by MOLD REMOVAL EXPRESS or its respective officers, agents or employees shall be binding.