TERMS OF SERVICE

By accepting bioPURE’s Estimate, you are entering into a Contract for Services bound by our terms as  described below. These terms gives you specific legal rights, and you may also have other rights which  vary from state to state. A deposit may be required for work to begin and will be noted on Estimate for  services and is required at the time of acceptance of this proposal unless otherwise noted. The balance  along with any supplements will be billed at the time of work completion or final walkthrough. 

DISINFECTION SERVICES: bioPURE provides disinfection services using bioPURE Clean and for complete treatments, bioPURE Shield.  By signing this document, you hereby enter into this contractual agreement (the “Agreement”) with bioPURE, pursuant to which  bioPURE shall perform the services as outlined in the provided Estimate for Services. Estimate for Disinfection Services is valid for 30  days. TERMINATION of service REQUIRES a 30 day notice. The Estimate for Services is part of this Agreement and is valid for 30  days.  

WARRANTY: bioPURE’s 100% SATISFACTION GUARANTEE. Customer agrees that it is impossible for bioPURE to completely  remove all potential viruses, germs in the area, as some are a part of our natural environment and low levels may always be  present. bioPURE does warranty its workman ship for 3 days after application.  

ALL NATURAL MOSQUITO & EXTERIOR PEST SERVICES: bioPURE provides All-Natural Mosquito and Exterior Pest services using  chemistry provided by our vendors. By signing this document, you hereby enter into this contractual agreement (the “Agreement”)  with bioPURE, pursuant to which bioPURE shall perform the services as outlined in the provided Estimate for Services. .  TERMINATION of service REQUIRES a 30 day notice. The Estimate for Services is part of this Agreement and valid for 30 days..  

WARRANTY: bioPURE’s 100% SATISFACTION GUARANTEE. SAY GOODBYE TO MOSQUITOES WITH OUR ALL-NATURAL SYSTEM!  bioPURE’s all-natural innovative solution provides families a mosquito-free yard with our two step system so you can enjoy the  outdoors! Your complete satisfaction is guaranteed – so if you are not satisfied within 21 days of our last visit, contact the  office for a re-treatment at no additional charge. bioPURE does warranty its workman ship for 3 days after application.  

bioPURE’s SECUREAIRE SERVICES: bioPURE provides the installation and equipment for air quality and disinfection using bioPURE’s  SecureAire system. By signing this document, you hereby enter into this contractual agreement (the “Agreement”) with bioPURE,  pursuant to which bioPURE shall perform the services as outlined in the provided Estimate for Services. TERMINATION of service  REQUIRES a 30 day notice and there is no refund provided on any deposit. The Estimate for Services is part of this Agreement and is  valid for 30 days.  

WARRANTY: bioPURE’s 100% SATISFACTION GUARANTEE. Customer agrees that it is impossible for bioPURE to completely  remove all potential viruses, germs in the area, as some are a part of our natural environment and low levels may always be  present. Customer agrees they must replace filters at a minimum of every 6-9 months at their own cost for warranty to apply.  The product is warranted for 5 years after date of installation. bioPURE does also warranty its workman ship for 30 days after  installation. This Warranty may be transferred to a third-party within the above stated period.  

REMEDIATION SERVICES: bioPURE provides mold inspection, water mitigation, indoor air quality testing, and mold remediation  services. By signing this document, you hereby enter into this contractual agreement (the “Agreement”) with bioPURE, pursuant to  which bioPURE shall perform the services as outlined in the provided Estimate for Services. TERMINATION of service REQUIRES a 30  day notice and there is no refund on deposit. The Estimate for Services is part of this Agreement and valid for 30 days.  

WARRANTY: bioPURE’s 100% SATISFACTION GUARANTEE. In cases of mold inspection or indoor air quality inspections, bioPURE shall  take accurate samples, forward them to an experienced and knowledgeable laboratory, help you interpret the results, and make certain  recommendations based on its ability and knowledge. In the cases of a mold remediation, bioPURE shall remove and treat the problem  according to industry standards. bioPURE shall return the treated area to normal levels of mold spore count, approximate to the outside  “fresh” air. Customer agrees that it is impossible for bioPURE to completely remove all microscopic mold spores in the area, as mold is a  part of our natural environment and low levels of mold are always present in the air we breathe. In cases of water mitigation, bioPURE  shall take appropriate actions to handle the issues according to industry standards and return the property prepared for restoration.  bioPURE does also warranty its workman ship for 30 days after work is complete. There is an additional limited warranty on  remediation services that lasts for TEN YEARS on labor from the date bioPURE completes its work at your property, and FIVE YEARS from  the date bioPURE purchases any installed Dehumidifiers. This Warranty may be transferred to a third-party within the above stated  period.  

RESTORATION/MITIGATION SERVICES: bioPURE provides mitigation terms are outlined in separate work authorization agreement which govern all terms and conditions.

How to Claim Warranty and How is it Remedied? 

  1. Exclusive Remedy. If you are not satisfied with bioPURE’s work, bioPURE will re-perform its services and remedy it in accordance with accepted industry standards at bioPURE’s expense. It is your sole and exclusive remedy under this Agreement or otherwise. At bioPURE’s option, bioPURE may refund the amounts you actually paid to bioPURE as an  exclusive remedy of monetary damages. 
  2. How do I claim warranty relief? If you believe that you are entitled to warranty relief under this Agreement or otherwise, you should contact bioPURE at 864-246-7873 ext 704.

What is Not Covered by our Limited Warranty?  

  1. bioPURE is responsible only for the services outlined in the Contract for Services provided to you. bioPURE is not responsible or liable for the non-discovery of any water damage, water infiltration, ventilation issues, moisture buildup, mold contamination or other condition at your property or any other problem which may occur or become evident after  BioPURE has completed its work at your property. bioPURE is neither an insurer nor guarantor against water, moisture,  ventilation, mold or other problems that may occur at your property. bioPURE assumes no responsibility for the cost of  repairing any water, moisture or ventilation problems or any other conditions associated with mold growth. That is your  sole responsibility. bioPURE is not responsible or liable for any future water, moisture, ventilation or mold problems or any  future failures or repairs at your property not caused by bioPURE’s work or services. 
  2. By signing this Agreement or allowing services to be provided, you understand that even if a mold problem diagnosed by bioPURE is remediated, it is possible that the mold could return if you do not take active steps to keep the problem area dry and well-ventilated. bioPURE will advise you as to the proper steps to keep the area at a normal mold spore count, but you  understand that it is solely your responsibility to perform these actions and BioPURE cannot be responsible for remediating  the mold again if you fail to take these actions. You further understand that it is your responsibility to maintain any  installed equipment for mold, water, or bioPURE’s SecureAire as recommended by the manufacturer or the above state warranty will be voided. 
  3. bioPURE agrees to provide services as set forth in this Agreement but makes no guarantees and shall not be held accountable for your health or the health of anyone who resides or spends time at your property. You understand that you should consult a medical professional if you experience health problems or have any medical issues or concerns. 
  4. Work performed by any subcontractors or its employees has no effect on, and does not alter, the terms of this contract. I acknowledge that while care will be taken, bioPURE is not responsible for damage to any furniture resulting from moving and/or packing. I, also, understand that bioPURE cannot be held responsible for peripheral damage to any structural  finishes caused by remediation work. I acknowledge that bioPURE is not responsible for any contents in the building while  services are being performed. 
  5. bioPURE assumes that electric, water and sewage utilities are readily available at the worksite and are provided at no expense to us. If any of these utilities are not available additional charges may be applicable to provide temporary services in order to properly complete the work. Due to the possibility of power-failure, circuit breaker problems, accidental  unplugging, etc., bioPURE will not be held liable for damages to electronics or appliances.  
  6. Job sites can be potentially hazardous places. It is required that property owners inform the bioPURE, job site Superintendent if they plan to visit the job site. The Superintendent can then provide the property owner information or personal protective equipment required to make the visit to the job site safe. I understand that bioPURE services do not  include any reconstruction work. 

Warranty Disclaimer: BIOPURE MAKES NO WARRANTIES OTHER THAN THE LIMITED WARRANTY FOR SERVICES SET FORTH ABOVE.  PRODUCTS AND GOODS ARE SOLD OR PROVIDED “AS IS.” BIOPURE SHALL NOT BE RESPONSIBLE FOR ANY IMPLIED WARRANTIES  WHATSOEVER, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  

Limitation of Liability. Except for the express limited warranty set forth above, or any implied warranties mandated under  applicable law, bioPURE makes no express or implied representations in this Agreement or otherwise. To the fullest extent  permitted by law, bioPURE shall not be liable for indirect, special, incidental or consequential damages arising under this Agreement  or otherwise with respect to the provision of services, including any lost revenues or profits, or other consequential or incidental  damages, regardless of the theory by which any claim may be based, including any tort or statutory causes of action.  Notwithstanding the term of any limited or implied warranty, or in the event that any limited warranty provided to you fails of its  essential purpose, in no event will bioPURE’s entire liability to you exceed the amount you actually paid for the services subject to  this Agreement, or any defective or nonconforming portion thereof, whichever is the lesser amount. As some states do not allow  the exclusion or limitation of incidental or consequential damages, the above limitation may not apply to you. 

Arbitration & Venue. Any controversy, claim (statutory or otherwise), cause of action or other dispute among the parties, whether  or not arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, shall  be resolved by binding arbitration before a sole, neutral arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’  Streamlined Arbitration Rules and Procedures. The arbitration shall exclusively be governed by the Federal Arbitration Act, 9 USC § 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction or from  seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. The parties shall make reasonable  efforts prior to submitting any claim or dispute to arbitration to resolve the matters through mediation. The arbitrator shall  determine the rights and obligations of the parties according to the substantive law of the State of Illinois and the express terms of  this Agreement. Face-to-face arbitration proceedings held pursuant to this Agreement shall be conducted at a location which is  reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the  parties are unable to agree on a location, the determination should be made by JAMS or by the arbitrator. The parties waive the  right to arbitrate claims on a class action basis. The arbitrator shall not be empowered to grant punitive or exemplary damages or  any damages in excess of those damages permitted or limited under the express terms of this Agreement. The substantially  prevailing party shall be entitled to recover their attorneys’ fees and costs. 

Controlling Law. This Agreement and any claims and disputes between the parties shall be governed by and subject to the internal  laws (exclusive of the conflicts of law provisions) and decisions of the courts of the State of South Carolina. If any provision of this  Agreement is held illegal or unenforceable, such provision shall be severed and shall be inoperative, and, provided that the  fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the parties. 

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and  constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral. Having fully  understood this Agreement, and by signing the provided Estimate, I hereby authorize bioPURE to perform the services at the  subject property.