RC Analytical (RCA) is a dba of Restoration Consultants, Inc., a California Corporation. As a registered user (CLIENT) of the EMPower Program or if you are simply submitting surfaces tests or samples to RC Analytical for analysis you agree to the following Terms and Conditions.
All services will be provided on a prepaid basis. Upon approval of credit, RCA agrees to bill for services rendered. Payments made out to Restoration Consultants are due no later than 30 days after the invoice date. A late charge of 10% will be added to any invoice not paid within 30 days. All participants with credit approval must have a credit card authorization form completed and signed.
All payments are to be mailed to:
3284 Ramos Circle
Sacramento, California 95827
In consideration of our entering into an agreement to extend credit to you, the CLIENT, you unconditionally, irrevocable and personally guarantee to Restoration Consultants, Inc., the prompt payment and performance of all obligations of the CLIENT for the analytical services performed as a result of the submission of the samples that are the subject of this agreement. This agreement shall apply to all current and future charges.
The parties agree that any action which is required to be filed to enforce the terms of this Agreement may be filed in Sacramento County, State of California.
In the event that either party is required to retain the services of an attorney to enforce the provisions of this Agreement, then the prevailing party will be entitled to collect reasonable attorney's fees, and all costs and expenses incurred including collection costs.
No waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party.
Should any provision of this Agreement prove to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
All actions arising out of the performance of this Agreement shall be governed by the laws of the State of California.
LIMITATIONS and OTHER CONDITIONS
The services performed by RCA pursuant to this agreement are strictly for the benefit of the CLIENT and no other person or entity may rely upon the analytical results and recommendations included in the resulting RCA report. CLIENT agrees that in the event that RCA becomes involved in any future proceedings relating to the samples submitted by CLIENT for analysis or any related matters, whether as a witness or as a party, CLIENT agrees to pay RCA any and all fees and costs including attorney's fees incurred by RCA and compensation for any time spent by any representative of RCA in reviewing documents, preparing response to discovery requests, preparing for deposition, deposition time, court time, travel time and any other related time spent at the then current published labor rate for expert witness testimony. Regardless of the form of action or damages, RCA's aggregate liability to CLIENT will be limited in all circumstances to the amount paid by CLIENT to RCA for the analytical services rendered by RCA for the samples submitted by CLIENT on this specific project. Permission to use RCA's name; or any employee of RCA's name; or in any way indicate that RCA or an employee of RCA is an expert witness for CLIENT's side of a legal proceeding, either informally or formally with other parties, is not granted until an expert witness agreement is signed and a retainer has been paid. CLIENT hereby agrees that by naming RCA or RCA's employee's as an expert without an expert witness agreement that CLIENT will pay to Restoration Consultants, Inc. a fee equal to Restoration Consultants' then currently published retainer fee plus a 50% penalty.
The EMPower information collection system, contained in the Analysis Request Form, and the EMPower Simplified Environmental Report system are the proprietary property of Restoration Consultants, Inc. The CLIENT agrees to not directly or indirectly use or disclose the proprietary property or any other information contained in the EMPower training program in a competitive manner.
The sample analysis and report generated by RCA is based upon representations made by you the CLIENT and is not intended to be technically exhaustive and is not to be used as a guarantee or warranty expressed or implied regarding the adequacy, performance, suitability or condition of the surface from which the samples were taken. The report only indicates that there is a possibility that the condition exists at the point where you sampled and only at the time when you sampled. Any reported indication that the surface is or is not contaminated must be verified by a qualified, independent indoor environmental professional (IEP). The indications are an opinion only.
To the extent permitted by law, CLIENT hereby agrees to release, defend and indemnify RCA, its agents employees, directors, officers, shareholders, heirs, executors, successors and assigns from all liability, claims, causes of actions or suits, whether arising out of contract, tort, strict liability or negligence, including but not limited to claims based upon the CLIENT's negligence or imputed negligence, arising from the performance of either the CLIENT, CLIENT's agents, subcontractors or assigns or delegates of services.