Absolute Radon Safety – Standard Terms & Conditions
Absolute Radon Safety - Standard Terms & Conditions
Version: vFinal-2026.02
Effective Date: January 2026
These Standard Terms & Conditions ("Terms") govern radon mitigation, testing, diagnostic, inspection, repair, service, and related services provided by Absolute Radon Safety ("ARS"). By approving an estimate, authorizing work, or accepting services, the customer agrees to the signed estimate, any incorporated Required Information Notice, and these Terms.
1. STANDARDS OF PRACTICE
ARS performs radon mitigation and related services in accordance with applicable EPA guidance, ANSI/AARST standards, NRPP requirements, Colorado law, and local code requirements where applicable.
ARS retains sole professional discretion over system design, materials, routing, placement, installation methods, diagnostics, and corrective actions necessary to perform the work in a compliant and professional manner. Customer preferences will be considered but may not override safety, code, manufacturer, or professional-practice requirements.
2. RELIANCE ON CUSTOMER DISCLOSURES
Pricing, system design, scheduling, performance expectations, warranties, and guarantees rely on the accuracy and completeness of information provided by the customer before service.
The customer must disclose known or suspected concealed conditions, utilities, radiant-floor systems, post-tensioned slabs, plumbing, wiring, drainage systems, private wells, additions, crawl spaces, prior repairs, hazardous materials, structural concerns, and other conditions that could affect the work. Undisclosed or inaccurate information may affect pricing, scope, scheduling, and system performance and may require a change in scope or additional charges.
2A. PRE-INSTALLATION REVIEW AND VISUAL INSPECTION
Unless explicitly stated in writing, ARS does not conduct a destructive, invasive, structural, environmental, electrical, plumbing, or full-property inspection before installation or service. Estimates may be based on customer-provided information and a visual review of reasonably accessible areas only.
Concealed, inaccessible, or finished conditions may not be visible before work begins. ARS is not responsible for identifying conditions that could not reasonably be discovered through the agreed inspection or diagnostic scope.
3. SITE CONDITIONS AFFECTING PRICING AND PERFORMANCE
Certain site conditions materially affect mitigation performance and pricing and are not included unless explicitly stated in the signed estimate. These may include, but are not limited to:
- Concealed crawl spaces, additions, or foundation areas
- Unsealed sump pits, drainage systems, or drain connections
- Multiple slabs or isolated foundation zones
- Internal footers, thickened slabs, grade beams, or structural barriers
- Poor soil permeability or lack of sub-slab aggregate
- Radiant-floor heating or concealed utilities
- Electrical limitations or code deficiencies
- Water beneath the slab, high water tables, groundwater, or elevated moisture
- Inaccessible cracks, joints, penetrations, or building interfaces
- Unusual building materials, construction methods, or prior alterations
When practical, additional work required because of these conditions will be reviewed with the customer before proceeding. ARS may suspend affected work until a revised scope, change authorization, or required third-party work is approved or completed.
3A. CRAWL SPACES, CONCEALED AREAS, AND SITE PREPARATION
Crawl spaces, concealed areas, and foundation zones not fully disclosed or reasonably accessible before installation may require additional labor, materials, sealing, collection points, or system modifications.
The customer is responsible for providing safe, lawful, and reasonably clear access to required work areas. Finished construction, stored materials, debris, insulation, liners, framing, pests, contamination, standing water, sharp objects, organic material, or other obstructions may limit access and increase labor requirements.
Additional work may include debris removal, site preparation, access creation, sealing, vapor-barrier modification, insulation modification, or added collection points or system components. This work is not included unless stated in the signed estimate and may be billed through an approved change authorization.
If required work areas are not prepared, accessible, or safe at the time of service, ARS may stop or reschedule the work and treat the visit as a late cancellation under Section 11.
4. FOUNDATION ZONES AND SYSTEM COVERAGE
Effective radon mitigation requires treatment of the foundation zones contributing radon to the structure. Homes and buildings with multiple slabs, crawl spaces, additions, isolated zones, or concealed foundation areas may require additional collection points, additional systems, or phased mitigation.
Only the foundation zones, collection points, systems, and work expressly included in the signed estimate are included in the contract price or any written radon-level guarantee. Discovery or treatment of additional zones is additional work.
5. WORK METHODS, ROUTING, SEALING, AND FINISH REPAIRS
Radon mitigation work may require drilling, coring, cutting, fastening, excavating, sealing, or routing through or adjacent to concrete, masonry, brick, stone, stucco, siding, roofing, drywall, ceilings, flooring, trim, cabinetry, insulation, and other finished or concealed construction.
ARS will take customary precautions when performing the work. The customer acknowledges that localized cracking, chipping, spalling, penetration, or other incidental or cosmetic damage may occur as an unavoidable consequence of reasonably necessary work, concealed construction, brittle materials, existing defects, or conditions that are not visible or disclosed before work begins. Such damage is not considered defective workmanship.
ARS is not responsible for patching, painting, texturing, staining, refinishing, drywall repair, trim work, masonry repair, siding repair, flooring repair, cabinetry repair, roofing repair, framing, boxing, or other finish restoration unless expressly included in the signed estimate.
If ARS encounters a known or suspected concealed utility, structural condition, or unsafe condition, ARS may stop work until the condition is evaluated, located, exposed, repaired, or made safe. Related delays, third-party work, repairs, and additional ARS work are the customer's responsibility when caused by concealed, undisclosed, preexisting, or unsafe property conditions.
6. INSTALLATION AND WORKMANSHIP WARRANTY
ARS warrants for five (5) years from the installation date that the radon mitigation components installed by ARS will be free from material defects in ARS workmanship and will have been installed in accordance with standards applicable at the time of installation. The warranty remains with the system at the original property and is transferable to a subsequent property owner.
This warranty does not cover ordinary wear; cosmetic conditions; sealant maintenance; consumable items; pre-existing conditions; building movement or settlement; water, moisture, condensation, freezing, pests, fire, weather, or casualty; electrical supply or electrical-system problems; sump, drainage, HVAC, or plumbing conditions; misuse; physical damage; unauthorized service; customer or third-party modifications; failure to operate or maintain the system; or conditions outside ARS's control.
To make a warranty claim, the customer must provide written notice within thirty (30) days after discovering the claimed defect and must allow ARS a reasonable opportunity to inspect the system before another person alters or repairs the claimed condition, except for emergency measures reasonably necessary to prevent immediate injury or material property damage.
For a covered workmanship defect, ARS will, at its option, repair or replace the affected ARS-installed component. To the fullest extent permitted by law, this repair-or-replacement obligation is ARS's sole warranty obligation and the customer's exclusive remedy for a covered workmanship claim.
6A. RADON FAN WARRANTY
A new radon fan furnished and installed by ARS is covered for five (5) years from its installation date. If the fan fails because of a covered manufacturer or product defect under normal use, ARS will provide a replacement fan and standard replacement labor within ARS's normal service area.
Fan warranty coverage does not apply to misuse, electrical problems, loss of power, improper voltage, surge or lightning damage, water intrusion, condensation or freezing damage, physical damage, unauthorized servicing, altered wiring or piping, building modifications, or use outside the fan manufacturer's requirements. Electrical correction, access creation, finish repair, system redesign, nonstandard equipment, permits, and work outside the normal service area are not included unless stated in writing.
6B. SERVICE AREA AND SERVICE CONSIDERATIONS
Warranty and service work is provided within ARS's normal service area of fifty (50) miles. Travel or service charges may apply outside this area, for non-warranty conditions, or for fan-only service calls not covered by Section 6A.
7. RADON-LEVEL GUARANTEES AND POST-INSTALLATION TESTING
No radon-level guarantee applies unless it is explicitly included in the signed estimate. A written guarantee applies only to the areas, foundation zones, collection points, system components, testing method, and performance level stated in that estimate.
Post-installation radon testing is required to verify performance. Unless otherwise specified, the customer must complete an approved post-mitigation test within thirty (30) days after installation and under required closed-building conditions. Consumer radon monitors do not replace an approved post-mitigation test unless ARS expressly accepts the device and test protocol in writing.
If a timely approved test exceeds the guaranteed level, the customer must give ARS written notice and allow ARS reasonable access to inspect, diagnose, and perform covered corrective work. ARS determines the appropriate corrective action within the original covered scope.
A radon-level guarantee requires continuous electrical power, proper system operation, reasonable access, required customer maintenance, unchanged building and mechanical conditions, and completion of required testing. It does not cover radon originating from water or untreated, undisclosed, inaccessible, newly discovered, or later-created foundation zones.
Additional systems, newly discovered zones, electrical work, HVAC changes, drainage or water work, structural work, access creation, finish restoration, hazardous-material work, or other services outside the signed scope are not included and may require additional authorization and payment.
8. RADON IN WATER
Airborne radon mitigation systems do not treat radon in water. If radon in water is suspected, testing and analysis costs are the customer's responsibility.
For properties served by a private well, radon-in-water testing may be required to determine whether water treatment is necessary before or in addition to airborne mitigation. Waterborne radon levels above 4,000 pCi/L must be addressed at the water source before airborne radon levels can be reliably reduced or a written airborne-radon guarantee enforced.
9. DRAINAGE, WATER, AND MOISTURE MANAGEMENT
Radon mitigation systems are secondary to drainage and water-management systems. ARS does not warrant or assume responsibility for sump pumps, drain tile, foundation drains, window-well drainage, groundwater, high water tables, plumbing leaks, condensation, moisture, mold, or water intrusion.
Sealants and membranes installed for radon or soil-gas control are not represented as waterproofing unless waterproofing is expressly included in the signed estimate. The customer remains responsible for operating, maintaining, monitoring, and repairing drainage and water-management components.
10. PAYMENT, DEPOSITS, LATE FEES, AND COLLECTION
Unless the signed estimate states otherwise, a deposit of fifty percent (50%) is due upon approval for each project phase, with the remaining balance due upon completion of that phase. Service-call and testing charges are due at the time of service. Payment is not contingent on property sale, closing, insurance proceeds, financing, reimbursement, or transfer.
Deposits may be applied to scheduling, labor allocation, materials, custom components, permits, and administrative preparation. Costs already incurred for special-order or nonreturnable materials, permits, mobilization, or administrative preparation are non-refundable if a project is canceled for reasons not attributable to ARS.
Accounts past due more than seven (7) days may incur a $250 late fee plus interest at two percent (2%) per month, or the maximum amount permitted by law if lower. A returned or rejected check or electronic payment may incur a $150 service fee, in addition to any lawful bank or collection charge.
Customers agree to pay reasonable costs of collection, including collection-agency fees, court costs, and attorney fees where permitted by law.
ARS may impose a processing surcharge on a credit or charge card payment in an amount permitted by Colorado law and applicable card-network requirements. Any surcharge will be disclosed before payment and identified separately on the receipt. No surcharge will be imposed on payment by cash, check, debit card, or gift card. Check is the preferred payment method.
11. CANCELLATION AND RESCHEDULING
Installation, mitigation, diagnostic, and service appointments reserve dedicated personnel, vehicles, equipment, and materials. If the customer cancels or reschedules fewer than two (1) full business days before the scheduled service date, ARS may charge a $250 cancellation or rescheduling fee.
If required work areas are not prepared, accessible, supplied with required utilities, or safe upon arrival, ARS may stop or reschedule the work and treat the visit as a late cancellation. The customer is also responsible for non-refundable special materials, permit costs, disposal costs, third-party charges, and other project-specific costs already incurred.
Cancellation fees do not apply when ARS cancels the appointment or when the parties agree in writing that extraordinary circumstances justify waiving the fee.
12. POST-INSTALLATION MODIFICATIONS AND CUSTOMER RESPONSIBILITIES
The customer must maintain continuous electrical power, required GFCI protection, drainage and sump operation, access to system components, and reasonable property insurance. The customer must monitor manometers, alarms, and other system indicators and promptly contact ARS if abnormal operation is observed.
ARS is not responsible for performance or damage affected by renovations, additions, structural movement, roofing, HVAC or electrical changes, drainage work, plumbing work, landscaping, patios, driveways, grading, soil disturbance, customer or third-party service, or other post-installation alterations.
Any person altering, disabling, disconnecting, relocating, covering, obstructing, or damaging the system may void applicable warranties or guarantees to the extent the alteration affects the claimed condition or ARS's ability to evaluate or correct it.
13. HAZARDOUS MATERIALS, UNSAFE CONDITIONS, AND RIGHT TO STOP WORK
ARS does not test for, identify, remove, disturb, or remediate asbestos, lead, mold, sewage, chemicals, biological contamination, regulated materials, or other hazardous substances unless expressly stated in a signed scope performed by properly qualified personnel.
If suspected hazardous material, contamination, an unsafe condition, or a code-related hazard is discovered, ARS may decline, suspend, or discontinue affected work. The customer is responsible for obtaining appropriate testing, abatement, remediation, clearance, or repair by qualified third parties and for the resulting costs and delays.
If the customer does not correct the condition within sixty (60) days after written notice, or within another period agreed in writing, ARS may terminate the affected work. Amounts earned and project-specific costs incurred through termination remain due, and prior payments may be applied to those amounts. Any unused balance will be handled as required by the signed estimate and applicable law.
14. CONDITIONS BEYOND ARS'S CONTROL
ARS is not responsible for delay, inability to perform, system limitations, or unsuccessful mitigation caused by conditions outside its reasonable control. Such conditions may include government action, permitting or inspection delay, severe weather, fire, casualty, labor or material shortage, utility interruption, inaccessible construction, high water tables, groundwater, drainage failure, unusual or poor soil or building materials, radon in water, inaccurate or incomplete disclosures, hidden foundation zones, structural or mechanical changes, customer or third-party acts, or other concealed or changed conditions.
These conditions may require schedule changes, diagnostic work, design changes, additional materials, additional systems, third-party services, or a revised price. ARS will communicate material changes when reasonably practical.
15. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES
ARS does not provide medical advice and is not liable for radon-related health outcomes, loss of property value, or conditions outside its reasonable control.
To the fullest extent permitted by law, ARS is not liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of use, temporary housing, lost profit, lost business, delay, emotional distress, or diminution in property value.
Except for liability that cannot lawfully be limited, and excluding ARS's gross negligence or willful misconduct, ARS's aggregate liability arising from a project or service is limited to the amount the customer paid ARS for the specific portion of work giving rise to the claim.
The remedies stated in Sections 6, 6A, and 7 are the customer's exclusive remedies for covered warranty and radon-level-guarantee claims. Nothing in these Terms limits a right or remedy that cannot be waived under applicable law.
16. CLAIM NOTICE AND OPPORTUNITY TO INSPECT
The customer must provide reasonably detailed written notice of a claimed defect, damage, warranty issue, or performance issue promptly after discovery. Before another contractor alters or repairs the claimed condition, the customer must give ARS a reasonable opportunity to inspect and, when applicable, cure the condition, except for emergency measures reasonably necessary to prevent immediate injury or material property damage.
Failure to provide notice or preserve a reasonable inspection opportunity does not eliminate a claim that cannot lawfully be waived, but ARS is not responsible for additional cost, damage, or loss that could reasonably have been avoided through timely notice and inspection.
17. CHANGES, AUTHORIZATION, AND ACCEPTANCE
Changes to scope, price, materials, design, or schedule must be authorized in writing by the customer and ARS. Written authorization may include a signed change order, approved revised estimate, email, text message, or documented electronic approval.
Work is considered accepted upon completion, subject to any applicable written warranty or guarantee. Payment, occupancy, use of the system, or failure to identify an observable issue within a reasonable time does not waive a latent defect or a right that cannot lawfully be waived.
No oral statement changes the signed estimate, an incorporated notice, or these Terms unless confirmed in writing by ARS.
18. GOVERNING LAW AND SEVERABILITY
These Terms are governed by the laws of the State of Colorado. If any provision is held invalid or unenforceable, it will be limited or severed only to the minimum extent necessary, and the remaining provisions will remain in effect.
19. DOCUMENT PRIORITY AND ENTIRE AGREEMENT
In the event of an inconsistency, the following order controls:
- The signed estimate and any signed or electronically approved change authorization
- Any Required Information Notice expressly incorporated into the estimate
- These Standard Terms & Conditions
Together, these documents constitute the agreement concerning the services and supersede prior discussions or representations about the same work. A project-specific written term controls over a conflicting general term only to the extent of the conflict.
