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Olympian Water Testing LLC - Terms of Service & Appointment Agreement
By scheduling or confirming an appointment, requesting a proposal, authorizing services, or submitting payment, you ("Client") acknowledge and agree to the following Terms of Service and Appointment Conditions with Olympian Water Testing LLC ("Olympian").
Olympian provides on-site water sample collection services and arranges for laboratory analytical testing for the specific parameters expressly ordered by Client. Services are strictly limited to the collection, handling, transport, and reporting of laboratory analytical values for the selected parameters only. No testing scope evaluates all potential contaminants, certifies water as safe or potable, or eliminates all possible health risks. Untested parameters are outside the scope of services. Testing evaluates only the specific parameters expressly ordered by Client. No testing scope, regardless of price or breadth, certifies water as "safe," "potable," or free of all contaminants. Client acknowledges that requesting a test for one parameter (e.g., lead) does not constitute a comprehensive water quality or safety assessment and that additional contaminants of concern (e.g., PFAS, VOCs, 1,4-dioxane, pesticides, radiological constituents) require separate testing at additional cost. Olympian does not warrant, represent, or imply that any test result confirms overall water safety, and Client agrees not to characterize or rely upon any Olympian report as a certification of potability or fitness for any particular use. Client acknowledges that testing outcomes may or may not reveal anticipated conditions and agrees that buyer's remorse, a change of heart, dissatisfaction with findings, or results that are unexpected or unfavorable shall not constitute grounds for nonpayment, refund, cancellation, dispute, chargeback, or claim. Olympian provides factual laboratory data, whether favorable or unfavorable, and full payment remains due for services properly rendered regardless of the nature of the results. Initiating a credit card chargeback or payment reversal without first providing written notice and opportunity to cure shall constitute a material breach of this Agreement and may result in recovery of all associated fees, administrative costs, and collection expenses. Client further acknowledges having been offered the opportunity to expand or customize the scope of services to meet their own expectations or those of their representative, consultant, engineer, architect, regulator, or other party, and affirms that the selected scope reflects their independent decision. All results, reporting, comments, and recommendations are for informational purposes only.
Results apply solely to the specific samples collected at the date, time, and location of collection and represent a picture in time. Water quality may vary due to stagnation, plumbing configuration, temperature, pressure, seasonal changes, system dynamics, or other environmental and structural factors. Findings reflect laboratory analytical values only. Olympian does not provide medical, toxicological, engineering, plumbing, or health determinations. Client is encouraged to consult independent qualified professionals, including but not limited to physicians, environmental consultants, engineers, plumbers, remediation contractors, and other licensed specialists, as appropriate.
Client acknowledges that analytical testing, like all laboratory science, is subject to occasional false positives and false negatives arising from field conditions, sample matrix interference, method detection limits, laboratory instrumentation, and the inherent variability of accredited analytical methods. Such occurrences are a normal and recognized part of laboratory practice that Olympian and its partner laboratories encounter routinely and work diligently to minimize through accredited methods and quality control procedures. Client understands that an isolated false positive or false negative, or a result that is later questioned or not reproduced on subsequent testing, while it may be inconvenient, does not constitute defective service and does not entitle Client to a refund, fee reduction, complimentary revisit, free resampling, or chargeback. Confirmatory or repeat testing, where Client elects to pursue it, is available as a separate billable service.
Olympian does not provide expert witness, forensic, or litigation support services. Client agrees that Olympian, its employees, contractors, and laboratory partners are not obligated under any circumstance to appear in court, provide depositions, testify, produce records beyond the final report, or participate in any legal, administrative, or regulatory proceeding on Client's behalf or at Client's request. If Client anticipates or is currently involved in litigation, arbitration, regulatory action, insurance claims, or disputes in which water quality may be relevant, Client must acknowledge that they are hiring us for informational purposes only. Olympian reserves the right to decline services where litigation involvement appears likely or where Client's purpose appears adversarial, investigative, or intended to establish evidence for legal action. Scheduling services constitutes Client's representation that testing is requested for informational or compliance purposes and not as a pretext for involving Olympian in their case as some sort of personal witness.
Payment is due immediately upon receipt of invoice. There can be no refunds once on-site services have been rendered. If additional sampling points are tested beyond the scheduled scope, Client pre-authorizes those samples and parameters and agrees to be billed separately for those additional points, with payment due at that time. Failure to remit payment when due shall constitute default and will automatically result in a pause of laboratory processing, reporting, scheduled site visits, and any other project-related services until payment is received in full. Client acknowledges that laboratory holding times, regulatory deadlines, reporting due dates, and sample viability are time-sensitive and may be irreversibly affected by a pause caused by nonpayment. Olympian shall not be responsible for exceeded holding times, invalidated samples, missed regulatory deadlines, unusable results, or non-compliant reporting resulting from Client's failure to remit timely payment. Client remains fully responsible for the total invoice amount due regardless of whether Client's delay in payment results in regulatory noncompliance, required re-sampling at additional cost, project delays, or other expenses incurred as a result of such delay. Client agrees to reimburse Olympian for all reasonable collection costs, including administrative time, collection agency fees, court costs, and attorney's fees incurred in recovering unpaid amounts. Invoices may include an Early Payment Adjustment, which is a time-limited courtesy that expires on the date stated on the invoice. If payment is not received by that date, the Early Payment Adjustment is automatically withdrawn and the full invoice total becomes due. Any balances unpaid thirty (30) days after the invoice date shall accrue interest at the rate of 1.5% per month until paid.
A minimum of forty-eight (48) hours advance notice is required to cancel, reschedule, or modify an appointment, including any reduction, addition, substitution, or other change to the agreed scope of services. For purposes of this Agreement, the required notice is measured in business days and excludes Saturdays, Sundays, and recognized holidays. Because weekend days do not count toward the notice period, a Monday appointment must be canceled, rescheduled, or modified no later than the preceding Wednesday. Olympian will make reasonable efforts to accommodate shorter-notice requests as a courtesy, but is under no obligation to do so, and any scope reduction, addition, or substitution requested outside the required notice window cannot be guaranteed and remains subject to laboratory capacity, material availability, bottleware and preservative preparation, and scheduling constraints. Late cancellations, no-shows, and late changes will incur charges for prepared bottleware, preservatives, laboratory containers, labeling, documentation, logistics coordination, laboratory scheduling, and reserved technician time.
By signing or authorizing services, Client affirms that they are the authorized party responsible for payment and represent that they have full authorization on behalf of any owner, buyer, seller, tenant, school, municipality, corporation, association, employer, boss, management, condominium association, board, or other interested party requesting the services. Client agrees to remain financially responsible for payment in the event any authorizing or represented party defaults.
All proposals are proprietary and are not issued for bidding, vendor comparison, or distribution to other contractors. Requesting a proposal affirms that it will not be used as a bidding instrument or shared with other vendors. By requesting to schedule services, confirming an appointment, or requesting an invoice, Client represents that internal approvals, supervisory consent, and budget authorization have been secured. Appointments reserve technician time, laboratory capacity, materials, documentation, logistics, and other operational resources. If a scheduled appointment is canceled without the required 48 hours notice, or if Client later asserts lack of internal authorization, budget approval, or supervisory consent after services have been scheduled or prepared, charges will apply for our time, materials, resources, and labor. Failure to obtain proper authorization prior to scheduling does not relieve Client of financial responsibility for charges incurred for our time, materials, resources, and labor provided in connection with project scheduling, coordination, laboratory preparation, documentation, logistics, and pre-visit preparation.
The property must have reliable running water and may not be winterized at the time of service. All plumbing fixtures to be tested must be operational and accessible. Client, residents, or responsible parties must strictly follow all pre-visit instructions. Olympian technicians do not enter properties unaccompanied and do not accept passcodes, lockboxes, hidden keys, neighbor access, or similar substitute entry arrangements. A responsible adult must be physically present during the appointment. Failure to meet these requirements will result in rescheduling and additional charges.
Client acknowledges that many analytical parameters are subject to strict laboratory holding times, and that certain restricted parameters must be collected, preserved, and transported within a short window, in some cases as little as six (6) hours from the time of collection. The orderly and efficient progression of the appointment is essential to preserving sample validity. Client understands that Olympian's technician attends the site to collect time-sensitive samples and is not retained to remain on the premises for an extended or open-ended period. Where Client, Client's representative, or conditions within Client's control delay technician access, withhold or postpone timely entry to designated sampling points, or otherwise interfere with the prompt and efficient progression of the sampling process, one or more restricted parameters may exceed their permitted holding times. Olympian shall not be responsible for holding time exceedances, invalidated samples, parameters flagged on the laboratory report, unusable results, or the need for resampling at additional cost where such conditions result from Client-caused delay, late access, or interference with the sampling process.
Client acknowledges that water sampling services require the operation of plumbing fixtures, valves, and controls, including but not limited to faucets, shut-off valves, and exterior or interior hose bibs or spigots. Client represents and warrants that all such fixtures and controls intended for use during sampling have been recently operated, are in proper working condition, and are free from leaks, defects, corrosion, or failure. Client understands that plumbing systems, particularly older, corroded, infrequently used, or improperly maintained systems, may be susceptible to leaks, failures, or other issues when operated. Client expressly assumes all risk associated with the operation of their plumbing system. Olympian shall not be responsible or liable for any leaks, breaks, failures, water damage, or other plumbing-related issues that occur during or after the operation of any fixture, valve, or control in connection with sampling activities, regardless of whether such condition was known or unknown prior to service.
Laboratory technicians perform sample collection using only the normal operating controls of the fixtures presented for sampling. Technicians are not responsible for, and will not perform, the removal of showerheads, hand-wands, faucet attachments, or other fixture components, and will not use tools, fittings, adapters, or other devices to bypass, disable, or work around in-line filtration systems, point-of-use treatment devices, or whole-house treatment equipment. Technicians will not operate plumbing inside winterized properties or properties where the water supply is not in normal active service. Client acknowledges that activating valves, faucets, or other plumbing controls in older, infrequently used, neglected, or deteriorating systems may cause those systems to begin leaking during or after operation, and Client acknowledges the right and the practical advisability of having a licensed plumber or qualified maintenance personnel available on site during the appointment to address any such condition that may arise. Client releases Olympian, its employees, contractors, and laboratory partners from any and all liability for leaks, water damage, fixture failures, component failures, or related conditions that occur during or after sampling activities, including conditions that manifest after technicians depart the premises.
Whether a faucet aerator or strainer is removed prior to collection depends on the parameter being tested and the applicable sampling protocol. For lead and other heavy metals testing, the aerator is intentionally left in place, as it can itself contribute to the water a consumer actually uses and its removal would not reflect true point-of-use conditions. For other parameters, including but not limited to bacterial and radon sampling, the protocol may call for temporary removal of the aerator or strainer, and Olympian's technician will make a reasonable effort to remove it prior to collection. Client acknowledges that aerators and strainers can become seized, corroded, mineral-bound, cross-threaded, or otherwise stuck, and that an attempt may have to be aborted to avoid harming the fixture. Where an aerator or strainer cannot be safely removed, the technician will proceed in the manner best suited to preserve sample integrity given the parameter at issue; for example, a bacterial sample may be collected by sterilizing the fixture with the aerator left in place, while for radon, where an aerator is not desirable, a unit that cannot be removed may affect the sample, and the technician will collect in the manner best suited to the circumstances. Client acknowledges the advisability of having a licensed plumber, maintenance tradesperson, or other qualified individual available on site to assist with or address any aerator, strainer, or fixture condition that may arise, and assumes responsibility for arranging such assistance if desired. Olympian shall not be responsible or liable for any damage, breakage, leakage, thread or finish wear, cosmetic impact, or other condition that may occur as a result of attempting to remove, or successfully removing or reinstalling, an aerator, strainer, or similar fixture component, whether the attempt succeeds or is aborted.
For the safety of its personnel, Olympian's laboratory technicians collect samples only from safe and reasonably accessible fixtures and locations. Olympian does not scope, offer, or perform sampling that would require technicians to enter hazardous or confined locations, climb or open rooftop or elevated water storage tanks, access roofs, work at height, or otherwise place themselves in harm's way, and no Olympian service is structured to sample the interior of roof tanks, cisterns, holding tanks, or similar storage vessels. Client acknowledges that direct sampling within such a vessel would not, in any event, yield a properly flushed, sterilized, or representative sample. Where Client requests evaluation of water associated with such a source, Olympian will instead collect from the first designated, safely accessible fixture downstream of that source, and Client agrees that this approach satisfies the agreed scope of services and shall not constitute grounds for dispute, refund, or chargeback.
Client acknowledges that certain sampling protocols, including but not limited to bacterial and chemical sampling, may require sterilization or disinfection of sampling points. Such procedures may involve the use of chemical disinfectants, alcohol, or open flame (torch) sterilization where appropriate and in accordance with standard practices. Client understands and accepts that these procedures may involve heat, flame, or chemical contact with plumbing fixtures and surrounding areas. Olympian shall not be responsible for any damage, discoloration, material reaction, cosmetic impact, or other condition resulting from the application of required sterilization or disinfection methods, including the use of a torch.
For diagnostic, troubleshooting, or first-draw testing involving relevant metals, minerals, and corrosivity, Client is advised to refrain from using the water for 8-18 hours leading up to and during the appointment unless otherwise required by regulation or professional discretion. Flushing protocols for bacteria or multi-draw testing may be performed in accordance with regulatory requirements or diagnostic judgment.
Client is solely responsible for accurately identifying, counting, and disclosing the total number of sampling points, outlets, and fixtures to be tested prior to scheduling. Olympian relies exclusively on Client's representations regarding the number and location of sampling points and does not independently survey, search, or inspect the premises to discover additional outlets. Client or Client's on-site representative must assist Olympian personnel in locating all designated sampling points during the appointment. Olympian shall not be responsible for any sampling points, outlets, or fixtures that Client fails to disclose, identify, or make accessible, regardless of whether such points were tested during prior sampling events. Omitted points may require a return visit at additional costs. Client affirms that the sampling point count provided reflects their independent knowledge of the premises.
Client is solely responsible for ensuring that a competent, authorized on-site representative is present to receive Olympian's technician and to direct that technician to the exact, approved sampling points and locations. Client is further responsible for fully briefing its own representative, employee, partner, board member, agent, or other designee in advance with all pertinent information, including the specific identity and location of each sampling point and whether each point is to be sampled hot, cold, or both. Client agrees to clearly identify each sampling point by name, by physical location, and by temperature designation (hot or cold). Olympian relies entirely upon the directions provided by Client and Client's on-site representative and does not independently determine which fixture, floor, unit, building, or temperature line is the intended target. Olympian shall not be responsible for samples collected from an incorrect fixture, floor, unit, building, location, temperature line, water heater, or other point where such error results from incomplete, unclear, or inaccurate instructions provided by Client, or from Client's failure to properly inform its representative. Any resampling necessitated by such instructional errors will require a return visit at additional cost. Responsibility for providing clear and specific sampling directions rests solely with Client.
Where Olympian has participated in defining or assembling the scope of services prior to the appointment, Client agrees that Olympian reserves the right to make reasonable field-level adjustments to the sampling plan when real-world site conditions warrant a substitution of the originally designated collection point. Examples include, but are not limited to, shifting a sampling point when the originally designated fixture cannot be properly sterilized, when the originally designated fixture is filtered and likely to reflect localized point-of-use contamination rather than the intended sampling target, when access to a specifically scheduled unit is unavailable and a directly comparable adjacent unit confirmed by building personnel to be served by the same riser or branch line can be substituted in its place, when sampling at the originally designated fixture would risk damage to the fixture itself, or when any other practical on-site obstacle would otherwise compromise sample integrity or fixture safety. The overall scope of services is implemented as agreed; only the specific point of collection may be shifted in the field using professional judgment. If the substitution involves a fixture requiring stagnation, the alternate fixture will either be stagnated prior to collection or, where stagnation cannot be confirmed at the alternate point, a return visit may be necessary at additional cost. Client agrees to permit Olympian to exercise best judgment in implementing these field-level adjustments without prior written notice and acknowledges that such adjustments are made in good faith to preserve the validity of the testing program and the safety of the premises.
Where Client directs or insists upon sampling at an unusual, atypical, or non-recommended point, including but not limited to an exterior or interior hose bib, spigot, utility tap, or similar fixture, Client does so at its own risk and against Olympian's general recommendation. Client acknowledges that such fixtures may yield elevated or non-representative results, including elevated lead attributable to the fixture itself rather than to the supply water, and that such fixtures frequently cannot be properly sterilized or disinfected, which may render bacterial or other sterile-protocol sampling unreliable or impossible at that location. Olympian will note such conditions where appropriate. Client agrees that results obtained from a Client-directed point, together with any inability to sterilize that point or to obtain a valid sample there, shall not constitute grounds for refund, rescoping, rescheduling, dispute, or chargeback.
Client acknowledges that Olympian and its partner laboratories may, at their discretion, substitute a certified alternative analytical method for the method originally referenced in a proposal, work order, scheduling communication, or any other pre-analysis document. Reasons for analytical method substitution include, but are not limited to, partner laboratory instrument or analyst availability, preventing the exceedance of method-specific holding times, equivalent or improved sensitivity at the parameter and matrix in question, regulatory acceptance of multiple methods for the same analyte, or other technical considerations identified between sample receipt and final analysis. Examples include, but are not limited to, substitution of EPA Method 200.8 for EPA Method 200.7 in the analysis of metals such as lead, or substitution of microscopic analysis with FTIR polymer identification for Raman spectroscopy in the analysis of particulates. Any such substitution is expected to be equal in validity and analytical accuracy to the originally referenced method, with no added limitations on data usability, unless such limitations are unavoidable given the certified alternatives available, in which case any unavoidable limitation will be disclosed on the laboratory report and reflected in Olympian's executive summary. The final laboratory report and Olympian's executive summary will reflect the actual method performed, not the originally referenced method, so that all documentation accurately represents the work completed. Client agrees that substitution to a certified alternative analytical method shall not constitute a change in the scope of services, a basis for refund, rescoping, or rescheduling, or grounds for dispute or chargeback, provided the substituted method is properly accredited for the parameter and matrix being analyzed.
For school, child care, or day care testing, all outlets must be free of leaks beginning at the start of the 8-18 hour stagnation period and remain leak-free until testing is complete; water should be used normally the day prior to simulate typical activity; and required signage must be posted in advance. Client acknowledges and understands that regulatory classification is the sole responsibility of the Client. Client must declare, prior to scheduling, whether the facility is treated as a public school subject to applicable BOCES or related public school regulations, under which selective fixture testing may be permitted, typically limited to fixtures regularly accessed by students, generally requiring first-draw sampling and commonly utilizing a 5 ug/L action level, or whether the facility is classified under Department of Health regulation for private schools, child care, or day care facilities, which may require traditional two-draw sampling at each potable outlet on the premises and compliance with the EPA 15 ug/L action level. Client affirms that they have determined and disclosed the correct regulatory classification and understand that Olympian does not determine regulatory status or assume responsibility for regulatory interpretation. Client represents and certifies that all required pre-testing conditions, including stagnation requirements, leak-free fixtures, and prohibition of water use at designated outlets, have been strictly observed and maintained in good faith prior to Olympian's arrival. Client understands and agrees that it is solely responsible for enforcing the required stagnation period until all sampling is fully completed. This includes ensuring that children, students, staff, contractors, or other occupants who arrive before sampling is complete do not use sinks, fountains, bathrooms, or other water outlets. No person may use the water at any fixtures within the premises until Olympian confirms that sampling is complete and technicians are departing the premises. Olympian personnel are not responsible for supervising, monitoring, or controlling occupant behavior during the stagnation or sampling period, and responsibility for compliance remains solely with the Client.
For private well testing, including PWTA (Private Well Testing Act) compliance sampling, results reflect the well water supply only. Interior plumbing materials, lead solder, and fixture-specific conditions are not effectively represented in well water samples, as point-of-use evaluation requires stagnation protocols and fixture-by-fixture sampling. Well test results should not be interpreted as reflecting conditions at individual taps or fixtures within the structure. Home buyers, real estate purchasers, and any party relying on well water testing in connection with a property transaction are strongly encouraged to consider separate point-of-use infrastructure testing, which evaluates fixture-specific conditions such as lead, copper, other heavy metals, corrosivity, and mineral content at individual taps under controlled 8-18 hour stagnation. Infrastructure testing is a distinct service from well water testing and is not included in any well water sampling scope, whether conducted under New Jersey PWTA compliance, New York private well guidance, Connecticut private well guidance, or any other voluntary or regulatory well testing program. Client acknowledges that a well water test, regardless of breadth, evaluates the source water entering the structure and does not evaluate the residential or commercial plumbing system delivering that water to occupants, and does not substitute for point-of-use infrastructure testing.
In the event that Client elects to collect water samples independently and deliver or ship them to Olympian or to an affiliated accredited laboratory, including but not limited to samples collected from international sources, vacation properties, family-owned wells, secondary residences, or any other location where Olympian's field staff are not dispatched to perform collection, Client acknowledges the following limitations. Olympian did not collect the sample, did not witness its collection, did not control the container, preservation, or chain of custody between collection and laboratory receipt, and did not independently verify the source identification, the stagnation or flushing condition at the time of collection, or the elapsed transit time. Certain analytical parameters may be received and processed outside of their published method-recommended holding times and will be flagged accordingly on the laboratory report. Results derived from client-collected samples are reported for Client's informational use only and are not intended to support regulatory compliance, real estate transactions, lending decisions, public health determinations, or litigation purposes. Olympian offers neither warranty nor representation regarding sample integrity prior to laboratory receipt, and any interpretation provided in connection with such samples is offered subject to these limitations.
Client represents and warrants that all statements, claims, background information, and circumstances provided in connection with requested services are truthful and complete to the best of their knowledge. Client further represents that services are requested in good faith and not for purposes of entrapment, media investigation, competitive intelligence gathering, reverse engineering of testing panels or parameters, corporate espionage, or any other improper purpose, and affirms that no fraudulent or unlawful conduct is associated with the request.
Client agrees to maintain a professional and respectful working relationship throughout the engagement. Olympian maintains a zero-tolerance policy for abusive, threatening, defamatory, harassing, or demeaning conduct directed toward its employees, contractors, or representatives. This includes, but is not limited to, the use of profanity directed at personnel, verbal aggression, yelling, intimidation, false accusations, reputational threats, or coercive conduct. Olympian reserves the right to immediately terminate services or pause the project without refund in the event of such conduct, and Client shall remain responsible for all fees incurred to date.
Client agrees not to use or threaten to use public reviews, complaints, regulatory filings, social media posts, or other reputational channels as leverage, intimidation, or extortion in connection with payment disputes, scope disagreements, or dissatisfaction with laboratory findings. Any knowingly false, misleading, or malicious statements made to harm Olympian's reputation may constitute defamation and may result in legal action and recovery of associated damages and legal fees.
While Olympian makes reasonable efforts to meet projected timelines, laboratory processing times, regulatory review periods, courier logistics, third-party laboratory workflows, and unforeseen technical conditions may affect completion dates. Client acknowledges that delays outside of Olympian's direct control, including but not limited to laboratory processing delays, sample reproduction, recollection, regulatory clarification, or quality control review, shall not constitute grounds for cancellation, refund, payment reversal, chargeback, or termination of services once work has commenced.
Services are provided "as is" and without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. No oral or written statement shall create any warranty not expressly set forth herein.
Olympian's total liability is strictly limited to the amount paid for the services giving rise to the claim. Olympian shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to property value claims, remediation costs, relocation expenses, or business interruption. Any claim must be initiated within one (1) year of the sample collection date. This Agreement shall be governed by and construed in accordance with the laws of the State in which venue is specified herein, without regard to conflict of law principles. Venue and jurisdiction for any dispute shall be exclusively in the state courts located in Broward County, and Client consents to personal jurisdiction in those courts. If Olympian is the prevailing party in any dispute, Client agrees to reimburse reasonable attorney's fees and court costs.
These Terms apply to the present project and all past and future services rendered by Olympian unless revoked in writing.
By signing or authorizing services, Client affirms that they have read, understood, and agree to these Terms and that they are the authorized party responsible for payment.
