These Terms and Conditions apply to all clients and customers of Radon Home Defence Inc. Ontario Inc. o/a Canada Radon (“CanRad”) who engage CanRad for its provision of radon mitigation services (the “Services”). By engaging CanRad’s Services, you expressly agree to comply with and be bound by these Terms and Conditions.
1. All payments for the Services referenced herein is due in full and without set-off or deduction following receipt of an invoice from CanRad.
2. All prices and charges estimated herein are valid for thirty (30) days from the date of this Estimate. All dollar amounts referenced are in Canadian funds and do not include applicable taxes.
3. CanRad’s estimated prices are subject to change due to unforeseen cost increases associated with equipment rentals (if any), materials used in the project, or unplanned re-location of vent piping that deviates from the original plans. CanRad will use commercially reasonable efforts to notify you upon increases in its estimated prices.
4. Additional charges may apply if additional fans and/or access points are required due to existing construction components causing radon reduction system failures. These include, but are not limited to, soil permeability, interior strip footings, and water table.
5. Customer Obligations:
5.1. Basement must be equipped with a carbon monoxide detector. The customer agrees to ensure the continuous operation of Carbon Monoxide Detectors.
5.2. It is the customer's responsibility to verify any additional requirements as per local, and Federal law.
5.3. The customer agrees to submit supplied Alpha Track Long-Term Radon Test Kit to laboratory at end of 91-day test period.
6.0 Warranties:
6.1. All radon mitigation systems are guaranteed to lower annual average radon levels to "As Low As Reasonably Achievable" (ALARA), typically at or below 100 Bq/m3..
6.2. Radon suction/de-pressurization fan, if supplied, is five (5) years (parts only).
6.3. All system components including PVC venting and sump lid covers, sealing materials and caulking is one (1) year.
6.5. Installation labour is one (1) year.
6.6. Damage resulting from alterations, deletions or additions by the homeowner or its contactors, or improper maintenance, is excluded from the above warranty.
7. CanRad makes no representations or warranties with respect to the Services, other than as expressly provided herein. To the fullest extent permitted by law, CanRad disclaims any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance, or in any other way, with respect to the Services.
8. CanRad shall not be liable for any delay, or for any failure to deliver, or for any failure to mitigate radon levels to the agreed upon level (whether immediately after installation or within the stipulated Warranty period), resulting from any cause beyond CanRad’s reasonable control. Such causes beyond CanRad’s reasonable control include, without limitation, an act of God or the public enemy, an act of any government, a fire, a flood, epidemic, pandemic, quarantine restriction, high radon levels due to well water contamination or building material contamination, inaccurate disclosure of airborne radon levels, strike, freight embargo, unusually severe weather, structural renovations to the property after mitigation completion, or CanRad’s inability to obtain necessary materials, labour or transportation. CanRad shall not be liable for failure to mitigate radon levels due to high water table or ground water presence underneath or surrounding the work area that prevents adequate sub-slab or sub-membrane airflow.
9. You acknowledge, understand, and confirm that CanRad has made no certifications, representations, or warranties regarding the health effects of radon gas, nor has CanRad made any representations to you that mitigation of radon gas in accordance with this Estimate will eliminate the health risks of radon gas. You acknowledge, understand, and confirm that CanRad is not responsible for certifying the radon levels in the homes. CanRad hereby disclaims all liability for radon related illnesses (whether contracted prior or subsequent to the completion of the Mitigation). You agree that any questions pertaining to health effects of exposure to radon gas shall be directed to the provincial health department. You acknowledge and agree that CanRad shall have no liability for any injury or damage to property other than that which arises by reasons of the gross negligence or wilful misconduct of CanRad, its agents, or employees.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS CANRAD, ON BEHALF OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY DAMAGES, COSTS, LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY NATURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT IN ALL CASES OUR LIABILITY FOR ANY DAMAGES, COSTS, LOSSES OR INJURY RELATING TO OR CAUSED OR CONTRIBUTED BY, DIRECTLY OR INDIRECTLY AND IN ANY MANNER WHATSOEVER, YOUR RECEIPT OF THE SERVICES, IS STRICTLY LIMITED TO THE AMOUNT OF CONSIDERATION PAID BY YOU TO US, IF ANY, FOR THE RECEIPT OF SUCH SERVICES.
11. You agree to indemnify, defend, and hold CanRad harmless from any loss, damages, liability, claim, or demand, including reasonable legal fees, made against us by any third party arising from a breach of this Estimate or these Terms and Conditions by you.
12. CanRad’s failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms and Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.
13. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, illegal, invalid, or unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions will remain in full force and effect.
14. These Terms and Conditions and CanRad’s provision of the Services will be governed under the laws of the Province of Ontario and the laws of Canada applicable therein. All actions or proceedings arising out of or relating to the Services and these Terms and Conditions will be under the jurisdiction of the courts of the Province of Ontario.
15. The obligations and liabilities set out herein shall survive indefinitely, for all purposes.
16. These Terms and Conditions and this Estimate contains the entire understanding and agreement between you and CanRad with respect to the Services, and supersede all previous or other communications, negotiations, and agreements, whether oral, written, or electronic, between you and CanRad with respect to the Services.
17. This Estimate constitutes a binding agreement between you and CanRad, enforceable on the terms herein described.
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