Terms of Service

1. Services Overview

Philly Lead Testing LLC provides professional lead-related services, including but not limited to:

2. Eligibility and Authorization

2.1 Client Authorization

By engaging our services, you represent and warrant that:

• You are the legal owner of the property to be tested, OR
• You are the authorized agent of the property owner (property manager, real estate agent, etc.), OR
• You have obtained explicit written authorization from the property owner to request lead testing services
• You have the legal right to grant access to the property for inspection purposes

2.2 Tenant Notification

For rental properties, you are responsible for:

• Providing proper notice to tenants as required by Pennsylvania law
• Obtaining tenant consent for entry when required by lease agreements
• Coordinating access to occupied units

2.3 Age Requirement

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services.

3. Booking and Scheduling

3.1 Appointment Scheduling

Inspections are scheduled by appointment only, subject to availability. We will make reasonable efforts to accommodate your preferred date and time, but cannot guarantee specific time slots.

3.2 Confirmation Requirements

All appointments must be confirmed at least 24 hours in advance. Failure to confirm may result in rescheduling.

3.3 Rescheduling Policy

You may reschedule your appointment without penalty if you provide at least 48 hours' notice. Rescheduling with less than 48 hours' notice may incur a rescheduling fee of $50.

3.4 Cancellation Policy

Cancellations made less than 48 hours before the scheduled appointment will incur a cancellation fee of $75. Cancellations made less than 24 hours before the appointment will incur a cancellation fee of $150.

4. Property Access and Preparation

4.1 Access Requirements

You are responsible for ensuring that our inspector has:

• Complete and unobstructed access to all areas of the property to be tested
• Access to all rooms, including closets, basements, and attics if applicable
• Working electricity for any testing equipment
• Parking access near the property

4.2 Property Preparation

For accurate test results, the property should be prepared as follows:

• Floors should not be wet-mopped or vacuumed with a HEPA filter within 7 days of testing
• Window sills and wells should not be cleaned within 7 days of testing
• Floors and surfaces should be in their typical lived-in condition
• Pets should be secured or removed during the inspection

4.3 Failed Access

If our inspector arrives and cannot complete the inspection due to lack of access, unprepared property, or unsafe conditions, you will be charged a trip fee of $150, and the appointment will need to be rescheduled.

5. Testing and Certification Process

5.1 Scope of Services

Our lead dust testing services include:

• Collection of dust wipe samples from floors, window sills, and window wells
• Submission of samples to an EPA-certified laboratory
• Analysis of lead dust levels according to EPA and HUD standards
• Issuance of a Lead-Safe Certificate if the property passes testing
• Provision of a detailed test report

5.2 Testing Standards

We conduct testing in accordance with:

• EPA Renovation, Repair and Painting (RRP) Rule
• HUD Lead Safe Housing Regulations
• Philadelphia Department of Public Health Lead-Based Paint Poisoning Prevention Regulations
• Pennsylvania Department of Health guidelines

5.3 Turnaround Time

Standard turnaround time for test results is 24-48 hours from sample collection. Expedited service may be available for an additional fee.

5.4 Pass/Fail Determination

A property "passes" if all dust wipe samples are below EPA clearance standards:

• Floors: ≤ 10 µg/ft²
• Window Sills: ≤ 100 µg/ft²
• Window Wells: ≤ 400 µg/ft²

5.5 Failed Inspections

If your property fails initial testing:

• You will receive a detailed report identifying failed areas
• We can provide recommendations for remediation
• Re-testing is available for $100 per visit
• We do not perform remediation work on properties we test (to avoid conflict of interest)

5.6 Certificate Validity

Lead-Safe Certificates issued by Philly Lead Testing LLC are valid for:

• Rental properties: Until ownership changes or for the duration of tenancy, whichever is longer, subject to Philadelphia Department of Public Health requirements
• Properties undergoing renovation: Specific to the renovation project

Note: Philadelphia requires rental property lead certifications to be renewed when tenants change or every 2 years, whichever comes first.

6. Limitations of Liability

6.1 Nature of Testing

You acknowledge that:

• Lead dust testing is a snapshot in time and reflects conditions only at the time of testing
• Dust wipe samples test only the specific surfaces sampled
• Testing does not guarantee the absence of lead-based paint in the property
• Lead dust levels can change due to renovation activities, deterioration, or other factors

6.2 Limitation of Damages

To the maximum extent permitted by law, Philly Lead Testing LLC's total liability for any claims arising out of or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim.

6.3 Consequential Damages

In no event shall Philly Lead Testing LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or business interruption
• Property damage or diminution in property value
• Personal injury claims (except where caused by our gross negligence or willful misconduct)
• Costs of remediation or abatement
• Fines or penalties imposed by regulatory agencies

6.4 Professional Standards

We perform our services in accordance with generally accepted professional standards for lead testing companies. We do not guarantee any particular outcome, including that your property will pass testing.

7. Indemnification

You agree to indemnify, defend, and hold harmless Philly Lead Testing LLC, its owners, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Your breach of these Terms
• Your misrepresentation of property ownership or authorization
• Failure to provide proper property access or preparation
• Failure to disclose known hazards or conditions
• Your use or misuse of our test reports or certificates
• Claims by tenants, buyers, or third parties related to lead conditions at the property

8. Intellectual Property

All reports, certificates, documents, and materials provided by Philly Lead Testing LLC are our intellectual property. You are granted a limited, non-exclusive, non-transferable license to use these materials for your personal or business purposes related to the tested property. You may not:

• Sell, license, or distribute our reports or certificates to third parties for commercial purposes
• Modify, alter, or create derivative works from our documents
• Use our name, logo, or trademarks without prior written consent
• Remove any copyright notices or proprietary markings

9. Confidentiality

We treat all client information as confidential and will not disclose it to third parties except as outlined in our Privacy Policy or as required by law. Test results and reports will only be shared with:

• The client who engaged our services
• Government agencies as required by law (EPA, Philadelphia Department of Public Health, etc.)
• Third parties with your explicit written consent

10. Regulatory Compliance

10.1 Client Responsibilities

You are responsible for:

• Complying with all applicable federal, state, and local lead laws and regulations
• Providing required lead safety disclosures to tenants (EPA/HUD Lead Disclosure Rule)
• Maintaining the property in a lead-safe condition between inspections
• Renewing certifications as required by Philadelphia Department of Public Health

10.2 No Legal Advice

Our services and communications do not constitute legal advice. We recommend consulting with an attorney for legal questions regarding lead law compliance, tenant rights, or liability issues.

10.3 No Guarantee of Compliance

While we strive to help you meet regulatory requirements, we cannot guarantee that our services alone will ensure compliance with all applicable laws. Compliance depends on many factors beyond our control.

11. Force Majeure

Philly Lead Testing LLC shall not be liable for any failure or delay in performing our obligations under these Terms when such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, acts of God, or severe weather events
• Pandemics, epidemics, or public health emergencies
• Government actions, orders, or restrictions
• Strikes, labor disputes, or workforce shortages
• Equipment failures or utility outages
• Any other cause beyond our reasonable control

12. Term and Termination

12.1 Term

These Terms remain in effect for the duration of our business relationship with you, unless terminated earlier in accordance with this section.

12.2 Termination by Client

You may terminate our services at any time by providing written notice. Cancellation fees may apply as outlined in Section 3.4.

12.3 Termination by Us

We reserve the right to terminate or suspend services to any client who:

• Breaches these Terms
• Fails to make payment when due
• Provides false or misleading information
• Engages in abusive, threatening, or unlawful conduct toward our staff
• Requests services for illegal purposes

12.4 Effect of Termination

Upon termination, you remain responsible for payment for all services rendered up to the termination date. Sections regarding payment obligations, liability, indemnification, intellectual property, and confidentiality shall survive termination.

13. Dispute Resolution

13.1 Informal Resolution

In the event of a dispute, you agree to first contact us at disputes@leadcertificationphilly.com and make a good faith effort to resolve the dispute informally before pursuing formal legal action.

13.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or related to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Philadelphia, Pennsylvania, in accordance with its Commercial Arbitration Rules.

JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS AND CLASS ACTIONS ARE WAIVED.

13.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court if the claim qualifies and remains within the jurisdictional limits of such court.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Philadelphia County, Pennsylvania.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Post the updated Terms on our website
• Notify clients of material changes via email

Changes become effective immediately upon posting. Your continued use of our services after changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

17. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Philly Lead Testing LLC.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

19. Entire Agreement

These Terms, together with our Privacy Policy and any written agreements between you and us, constitute the entire agreement between you and Philly Lead Testing LLC regarding our services and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written.