Asbestos Inspection Survey

Asbestos Inspection Survey

This Asbestos Inspection Survey Agreement (the Agreement) is entered into by the parties identified below on the Effective Date stated herein. Client Name: and Contractor/Inspector: . Effective Date:

RECITALS

WHEREAS, Client retains Contractor to perform an on-site asbestos inspection survey and related sampling, analysis and reporting at the subject Property described below; and

WHEREAS, Contractor represents that it is qualified and holds any required licenses, certifications and insurance necessary to perform asbestos inspection services and will perform the work in accordance with accepted industry practices and the scope described in this Agreement; and

WHEREAS, the parties wish to set forth the terms, limitations, payment, confidentiality and governing law applicable to the inspection and survey deliverables.

SCOPE OF WORK

INSPECTION AND SITE INFORMATION

Building Year of Construction:   Inspection Date:

MATERIALS OBSERVED AND SAMPLING

The following suspected asbestos-containing materials were observed at the Property (check all that apply):

Pipe insulation   Boiler/duct insulation   Floor tile/mastic   Spray-on/texture ceilings   Other

If Other, describe:

Samples collected will be identified and tracked. Provide up to four sample records below. For additional samples attach supplemental pages.

LABORATORY ANALYSIS

Analysis Date:

RECOMMENDATIONS

PAYMENT TERMS

Contract Price / Fee Amount:

Late Payment Fee:

TERM AND TERMINATION

Term Start Date:   Term End Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days written notice. Termination does not relieve Client of payment for services performed through the date of termination.

CONFIDENTIALITY

Contractor shall treat all information obtained during the inspection and in sample analysis as confidential and shall not disclose such information to third parties except as required by law, by laboratory subcontractors for analysis, or with Client's prior written consent. Contractor shall use commercially reasonable measures to safeguard confidential information.

LIMITATIONS OF SURVEY AND LIABILITY

The inspection and sampling performed are non-invasive except as noted and are limited to the specific areas observed and sampled. Absence of observed asbestos-containing materials in sampled areas is not a guarantee that asbestos is absent from other components or concealed areas. Contractor makes no warranty, express or implied, regarding the future condition or absence of asbestos.

Contractor's liability for claims arising out of or related to this Agreement shall be limited to direct damages not to exceed the total fees paid by Client for the services performed, except for liability resulting from Contractor's gross negligence or willful misconduct.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state specified by the parties. Any legal action arising out of this Agreement shall be brought in the courts of the appropriate jurisdiction.

ENTIRE AGREEMENT

This Agreement, including any attachments, survey reports and laboratory reports incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, negotiations and agreements, whether written or oral. Any amendment must be in writing and signed by both parties.

CERTIFICATION

The undersigned Inspector certifies that the inspection and sampling described herein were conducted under the supervision of the named Inspector and in accordance with the Scope of Work and industry-recognized procedures. The Client acknowledges receipt of the survey report and lab results upon delivery.

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