PERFORMANCE:  Fan assisted installations are warranted for the lifetime of the fan (not less than 5 years) from the date of the installation to test at 3.9 pCi/l or less for a 2 day or longer radon test, subject to the following limitations and conditions: As long as the fan is operating, the warranty is in effect.

1. Every two years a radon test shall be performed by the homeowner or a qualified professional using EPA approved follow-up protocol. These tests are performed at the owner’s expense and records shall be kept to maintain this limited performance warranty.

2.  Warranty does not cover any system that has been damaged or whose performance has been compromised by natural hazards or any modification, alteration, addition or mistreatment.

3. Homeowner is responsible for the cost of diagnosing and repairing cracks or other faults that did not exist or were not exposed at time of installation.

4. This limited warranty covers performance only.  Maintenance or replacement of the system is the responsibility of the owner.  The component warranty is limited to five (5) years.

5.  If performance has been affected by lack of owner maintenance including fan replacement, labor and part charges will be paid by the owner to bring the system performance back into compliance based on annual testing using EPA approved methods.

6.  This warranty will not apply if the system fails to achieve the desired level of radon concentrations due to well water contamination, building material contamination, a high water table, groundwater presence underneath or surrounding the work area that prevents adequate sub-slab or sub-membrane airflow, or from any cause beyond Elliott & Associates’ reasonable control, including but not limited to, an act of God or the public enemy, an act of any government, a fire, a flood, epidemic, quarantine restriction, inaccurate disclosure of airborne radon levels, strike, freight embargo, unusually severe weather or Elliott & Associates’ inability to obtain necessary materials, labor or transportation.

If, at any time during the warranty period, it is determined that the radon levels exceed 3.9 pCi/l, Elliott & Associates shall perform such additional radon mitigation as is reasonably necessary to satisfy the warranty; provided however that the liability of Elliott & Associates hereunder shall in no event exceed the cost of the work under the contract.  IF, AFTER ELLIOTT & ASSOCIATES, USING ALL REASONABLE EFFORTS TO SATISFY THIS WARRANTY HAVE FAILED, THE OWNER’S SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO A TOTAL REFUND OF THE CONTRACT PRICE.  IN NO EVENT SHALL ELLIOTT & ASSOCIATES BE LIABLE FOR ANY DAMAGES, CONSEQUENTIAL OR INCONSEQUENTIAL, ATTRIBUTABLE TO ANY BREACH OF THIS WARRANTY, WHICH DAMAGES INCLUDE, WITHOUT LIMITATION, PERSONAL INJURY, DAMAGE TO PROPERTY, DIMINISHED VALUE OF PROPERTY, AND STRUCTURAL OR NON-STRUCTURAL REPAIRS.