Terms & Conditions
- Warranty - LEW warrants that its services will be performed using the degree of care and skill ordinarily exercised by, and consistent with the standards applicable to, persons performing similar services under similar conditions in the same locality as the site(s). LEW shall exercise usual and customary professional care in its efforts to comply with codes, regulations, laws, rules, ordinances, and such other requirements in effect as of the date of execution of this Contract. No other warranty or representation, expressed or implied, is included or intended and all implied warranties are disclaimed.
- Guarantee – The performance of inspection services does not guarantee the issuance of any lead-free, lead-safe, lead-hazard or similar regulatory certificates/form. Such certificate/forms are solely predicated upon finding of field service visits.
- Liability Limits and Disclaimer– The Client agrees that LEW’s total liability for any and all injuries, claims, losses, expenses, or damages whatsoever, including attorney’s fees, arising out of or in any way related to the Project or this Contract from any cause or causes, including, but not limited to, LEW’s negligence, errors, omissions, strict liability, breach of contract, breach of any statute (including consumer fraud statutes), or breach of warranty shall not exceed LEW’s total fee under this Contract. In no event shall LEW be liable to Client for any indirect, incidental, special or consequential damages whatsoever (including but not limited to lost profits or interruption of business) arising out of or related to the services provided under the Contract.
- Indemnity - LEW has neither created nor contributed to the creation or existence of any hazardous, pollutant, irritant, radioactive, toxic, or otherwise dangerous substance or condition on site, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss which may be caused by exposures to such substances or conditions. Furthermore, Client agrees to defend, indemnify, and hold LEW harmless from any claim, liability, loss, cost, or expense (including attorneys’ fees) arising from or related to LEW’s services hereunder, except for injury or loss caused by the sole negligence or willful misconduct of LEW, its employees, officers and agents.
- Governing Law - The laws of the State of New Jersey shall govern the validity and interpretation of this Agreement.
- Right of Entry - When entry to property is required by the work, the Client agrees to obtain legal right-of-entry on the property.
- Tenant Notification – Tenant/occupant notification is the responsibility of the Client, Management, Owner, or staff.
- No Access - Should LEW arrive on site to perform the contracted services and due to no fault of LEW or its employees, the services are delayed, halted, or cannot be performed, whether or not the project and services have already begun, the Client does herby agree to compensate LEW.
- Payment Obligation - The Client shall remain obligated to pay LEW for the services even though the test results or report produced by LEW may contain conclusions unfavorable to the Client's interests.
- Arbitration of Disputes - Client hereby agrees that any and all disputes arising out of or related to this Contract including, but not limited to, disputes concerning breach of contract, express and implied warranties, representations and/or omissions, personal injuries, and all other torts and statutory causes of action (“Claims”) shall be resolved by binding arbitration in accordance with the rules and procedures, as applicable, of the American Arbitration Association (“AAA”) or its successor or an equivalent organization selected by LEW. In addition, Client agrees that Client may not initiate any arbitration proceeding for any Claim(s) unless and until Client has first given LEW specific written notice of each claim (at 181 US Hwy 46, Mine Hill, NJ 07803) and given LEW a reasonable opportunity after such notice to cure any default. The provisions of this paragraph shall be governed by the provisions of the Federal Arbitration Act, 9 U.S.C. § § 1, et seq. and shall survive completion of the Services described herein.