Dear Client,
Thank you for choosing Elevation Environmental Services LLC (“Elevation Environmental”, “we”, “us”, “our”) to perform environmental services (the “Work”). We are writing to confirm your authorization to perform the Work at the provided address.
This letter serves as a formal agreement between Elevation Environmental and [Client’s Name] (“Client”, “you”, “your”) for the Work to be performed. All Work provided and performed by Elevation Environmental is subject to this Work Authorization Letter (“Agreement”). By permitting Elevation Environmental to perform the Work at the Address, you agree to be bound by this Agreement.
I. Pricing and Turnaround Selection: Client acknowledges that the pricing and turnaround time listed below were selected prior to the commencement of services. Turnaround times are estimates and are subject to laboratory availability and processing capacity, unless otherwise stated in writing. Selected pricing is binding once services are initiated, regardless of insurance coverage or claim determination, unless otherwise agreed to in writing by Elevation Environmental Services.
II. Access: Client agrees to provide full access to the Address for the duration of the Work. You shall communicate any specific access requirements or restrictions (if any) to Elevation Environmental prior to the commencement of Work. You may incur additional costs or delays if Elevation Environmental is unable to access the Address.
III. Sampling Standards: Elevation Environmental shall take samples from the Address. Elevation Environmental shall take all necessary precautions to ensure minimal disruption to the Address. We shall adhere to the highest safety standards to protect our employees, you, and the property. Elevation Environmental shall conduct all Work in compliance with federal, state, and local regulations. The analysis of the samples with respect to the presence and amount of environmental concern, if any, is limited to the discrete area and quantity of material sampled at that particular location. Different analytical results may be obtained at adjacent areas because of variations in the material type and consistency.
IV. Lab Analysis: Elevation Environmental shall promptly deliver the samples to a NVLAP certified laboratory. Elevation Environmental shall bill you for laboratory costs, and you agree to be responsible for the costs of the laboratory. Elevation Environmental cannot assume responsibility for any delays attributable to the laboratory, nor can it guarantee the final turnaround time. The estimated turnaround time is subject to change because of, but not limited to, lab analysis timeframe, lab workload, weather restrictions, re-inspection or re-analysis.
V. Expedited Lab Analysis: Expedited turnaround time can be requested for an additional fee. Payment for the requested expedited turnaround time remains payable to Elevation Environmental, unless otherwise mutually agreed upon between Elevation Environmental and the Client.
VI. Timing: The Work is scheduled to commence on [Start Date], subject to any unforeseen circumstances or additional requirements that may arise at the Address or during the Work. Inclement weather may cause changes to the Work schedule. If inclement weather prevents the Work, Elevation Environmental shall promptly reschedule the Work. Elevation Environmental is not responsible for any costs or expenses, whether foreseen or unforeseen, incurred by the Client due to delays outside of our control.
VII. Inspection Fee and Per Sample Costs: Estimates provided before the in-person are subject to change based on the in-person assessment. The final cost will be determined following an in-person assessment and return of results from the laboratory. The Per Sample Cost covers the laboratory analysis as a pass-through cost and is non-negotiable.
VIII. Insurance Billing: Client’s obligation to pay Elevation Environmental Services is independent of any insurance carrier’s determination, processing delay, partial payment, or denial of coverage. In the event that the insurance carrier denies coverage, in whole or in part, Client shall remain fully liable for all fees incurred and agrees to remit payment directly to Elevation Environmental Services. Upon denial of coverage, the inspection fee shall automatically convert to the applicable self-pay rate, while per-sample pricing shall remain unchanged. In the event that payment is issued directly to Client by the insurance carrier, Client shall remit payment in full to Elevation Environmental Services.
IX. Payment Terms: For initial, non-insurance clients, payment is due prior to the release of test results for the work performed. Elevation Environmental Services reserves the right, in its sole discretion, to release test results prior to receipt of payment; however, any such release shall not constitute a waiver of Elevation Environmental Services’ right to collect payment in full. These payment requirements do not apply to approved partners or insurance-billed projects, unless otherwise stated in writing.
X. Account Late Payment: Elevation Environmental earns payment on performance of the Work. If the Client does not pay within 30 days of the invoice date, then we shall charge 3.5% monthly compounding interest, accruing daily, or the highest amount permitted by law. If the Client does not pay within 60 days of the invoice date, then we may proceed to file a lien pursuant to our rights as a laborer providing services. If the Client does not pay within 90 days of the invoice date, then we shall charge a one-time $300 late fee, and we may turn the account over to a third-party collection agency. You shall be liable for all of Elevation Environmental’s costs, expenses, and fees for collection, including attorney’s fees and costs to file a lien. If a check is returned for insufficient funds, the Client shall be assessed a $35 fee. The following charges will be added to the final invoice price depending on the payment method selected by the Client: Cash: No charge, Check: No charge, ACH Bank Payment: 1%, Credit/Debit Card: 3%.
XI. Liability Limitation: TO THE FULLEST EXTENT PERMITTED BY LAW, ELEVATION ENVIRONMENTAL WILL NOT BE LIABLE TO THE CLIENT OR ANY OTHER PERSON FOR ANY INJURY TO, OR LOSS OF, GOODWILL, REPUTATION, BUSINESS PRODUCTION, REVENUES, PROFITS, ANTICIPATED PROFITS, CONTRACTS, OR OPPORTUNITIES (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF THIS AGREEMENT), REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE AND THE PARTY AGAINST WHOM LIABILITY IS CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED REMEDY OF ITS ESSENTIAL PURPOSE.
XII. No Warranties: EXCEPT FOR THE WARRANTIES PROVIDED IN THIS AGREEMENT, THE WORK IS PERFORMED WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CLIENT HEREBY DISCLAIMS ANY RELIANCE OR INDUCEMENT BASED UPON ANY BROCHURES, OR OTHER WRITTEN OR VERBAL STATEMENTS OR DESCRIPTIONS WITH RESPECT TO THE WORK, EXCEPT TO THE EXTENT SUCH STATEMENTS OR DESCRIPTIONS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT.
XIII. Opinion Letters: Elevation Environmental shall not be required to execute any documents, no matter by whom requested, that would, in Elevation Environmental’ s sole opinion, increase our contractual or legal obligations, risks, or the cost of its professional liability insurance. This includes requests to certify, guarantee, or warrant the existence or absence of conditions that Elevation Environmental cannot ascertain.
XIV. Confidentiality: All findings and reports will be treated as confidential and will be shared only with [Client’s Name] unless otherwise required by law.
XV. Entire Agreement; Amendment; Governing Law: This Agreement constitutes the entire agreement among the parties related to the subject matter hereof and supersedes all prior agreements, understandings, and proposals relating to the subject matter hereof. This Agreement may be amended or supplemented only by a writing executed by all parties. This Agreement and the Work are governed by the laws of Colorado, without regard to conflict of law principles that would permit the application of any other governing law. Any suit or proceeding relating to or arising from this Agreement or the Work shall be brought only in a court located in Adams County, Colorado, and the parties irrevocably submit to the personal and subject matter jurisdiction and venue of such courts.
By signing below, the Client represents and warrants the signature has been approved by the Property Owner, and the Client agrees to be bound by this Authorization to Work. Any conflicting terms provided by the Client are expressly rejected, unless agreed to in writing by Elevation Environmental.
We look forward to working with you on this important project.
Sincerely,
Trevor Davis
Owner
AMS/CABI/CRMI
Elevation Environmental Services LLC
Acknowledged and Agreed:
By signing below or permitting Elevation Environmental to perform the Work at the Address, you authorize Elevation Environmental Services LLC to proceed with the Work pursuant to the terms of this Agreement. Subject to this Agreement, our services and confidential reports will be prepared on behalf of, and for, your exclusive use.