I agree absolutely no persons (including myself) or pets will enter treatment area before recommended time and date authorized by BIOSWEEP. I assume all responsibility and hold BioSweep harmless for any breach of this requirement. This Service Agreement for treatment of indoor air and odor (hereinafter referred to as the “Agreement”), entered into by and between the customer named above (“Customer”) and BIOSWEEP Canada Corporation (BioSweep). BioSweep provides for indoor air and odor treatment as defined and under the terms set forth. Customer acknowledges that Customer has read, understands and agrees to the terms contained on the front and back of this Agreement. This service estimate is valid for 30 days and is based on the actual indoor and/or odor conditions at the time of visual inspection and/or air sampling analysis.QUALITY SERVICE GUARANTEE
BioSweep will conduct a thorough visible inspection of the premises, vehicle or product for evidence of mold, mildew, odor or other odor-causing agents and will conduct (if requested) air sampling to further assess indoor air quality. Air samples will be delivered by BioSweep to a qualified Indoor Air Quality laboratory for analysis of airborne contaminants, mold or other particulates. BioSweep will prepare and sign laboratory Chain of Custody on behalf of Customer. Air sample analytical results will be reviewed by BioSweep. BioSweep will provide treatment of premises' or vehicle’s indoor air using BioSweep’s proprietary Phocatox Technology to eradicate airborne organic contaminants and other odor-causing agents. If required, BioSweep will pretreat contaminated surfaces using a nontoxic, biodegradable proprietary enzymatic cleaner as needed.
BioSweep will apply treatment, as it deems appropriate, to areas within the premises, vehicle or product. Customer agrees to provide access to the premises or vehicle at the scheduled time of service. In the event BioSweep is denied access to the interior of the premises or vehicle, BioSweep will not provide treatment and Customer agrees to pay a service charge for a return visit to provide treatment of the premises or vehicle.
Customer acknowledges BioSweep’s technology generates advanced photochemical reactions that, if exposed during the treatment process, may be harmful to the respiratory systems of humans and animals. Therefore, Customer agrees to vacate premises of all persons, plants and pets for the duration of treatment and to prevent their re-entry into premises during treatment. BioSweep will designate the exact date and time Customer may safely re-enter premises after treatment. Customer further agrees to prevent re-entry of any persons or pets into premises prior to completion of treatment. Customer agrees to remove all live plants from premises prior to treatment. Customer agrees to adequately cover all aquariums, turning off all aquarium pumps, motors and /or filtration equipment prior to treatment of premises.
PERFORMING THE WORK
BioSweep will perform the work in a workman-like manner. BioSweep will exercise reasonable care while performing any work, hereunder to try to avoid damaging any part of the premises. Under no circumstances or conditions shall BioSweep be responsible for damage caused by BioSweep at the time the work is performed except those damages resulting from gross negligence on the part of BioSweep.
LIMITS OF LIABILITY
Although BioSweep will exercise reasonable care in performing services under this Agreement, BioSweep will not be liable for injuries or damage to persons, property, birds, animals or vegetation, except those damages resulting from gross negligence by BioSweep. Further, under no circumstances will BioSweep be responsible for any injury, disease or illness caused, or allegedly caused by any mold or airborne contaminates. BioSweep representatives are not medically trained to diagnose airborne illnesses or diseases. Please consult your physician for any medical diagnosis. To the fullest extent permitted by law, BioSweep will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages, whatsoever, including consequential and incidental damages, arising from this service. BioSweep’s liability is specifically limited to the labor and treatment necessary to help eradicate airborne organic contaminants and other odor-causing agents.
Customer will pay BioSweep’s invoice upon completion of service or receipt of invoice. In the event legal action is necessary to collect any amount owed BioSweep, BioSweep shall be entitled to recover from Customer all reasonable costs of collection including reasonable attorney’s fees and expenses, in addition to any outstanding amount due BioSweep. In addition, interest at the rate of 1.5% per month, being 18% annually or the highest rate allowed by applicable law will be assessed on any past due amounts owed by Customer until paid.
This Agreement, together with any attachment(s), if any, signed by BioSweep and Customer constitutes the entire Agreement between the parties and no other representation or statements, whether oral or written, will be binding upon the parties.
NOTICE OF CLAIMS, ACCESS TO PROPERTY
Any claim under the terms of the Agreement must be made immediately in writing to BioSweep. BioSweep is only obligated to perform under this Agreement if Customer allows BioSweep access to the identified premises, vehicle or product for any purpose contemplated by the Agreement, including but not limited to re-inspection, whether the inspection was requested or considered necessary by BioSweep.
If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of the Agreement will remain in full force and effect.
The Agreement does not cover and BioSweep will not be responsible for 1) any future airborne contaminates or odor-causing agents or any medical or legal action taken by anyone associated with entering or staying in the premises, and 2) personal expenses such as lodging, meals, transportation etc. incurred as a result of treatment, re-treatment and/or damage repair.