Leak Detection Service – Terms & Conditions
- Pool leak locations are assessed on a best effort basis. Customer agrees that if a leak is determined to be in a location requiring high costs in demolition and repair to access, customer will consider a second opinion prior to incurring such expenses. Customer additionally agrees to hold Excalibur Leak Detection, LLC harmless if such expenses are incurred and no leak was found with or without a 2nd opinion.
- Customer acknowledges that Excalibur Leak Detection, LLC will need to turn valves that may not be commonly used, ie. supply lines, automatic fill valves, hose bibs, etc. Customer agrees to hold Excalibur Leak Detection, LLC harmless and indemnify Excalibur Leak Detection, LLC in the event of any claims made for water damage caused by any valves turned or hoses disconnected and reconnected that fail or otherwise malfunction during or after leak detection services are performed.
- Customer acknowledges importance of preventing water damages and agrees to perform due diligence by checking all valves used or touched during leak detection services to insure there is no leakage or concern of a valve needing maintenance or repair by a licensed contractor/plumber.
- If a leak does not exist or if a water leak issue is traced to anything other than the swimming pool/spa/fountain or whichever other item is being inspected, all service fees are still applicable.
- Due to the nature of leak detection methods, Excalibur Leak Detection, LLC cannot guarantee that all leaks have been located. If after an initial leak has been repaired by a licensed contractor, an additional leak issue is found to be present, Excalibur Leak Detection, LLC will return to locate any such additional leak issue. However, all fees and rates apply as secondary leaks will require the same travel and set up efforts to locate as the initial leak issue. We do offer a 10% discount on service to returning customers.
- To properly perform leak detections, we may need to remove pool or spa covers and plumbing may need to be cut (although cutting pipe is very rare). If the covers have not been used or manipulated recently, they may break and/or begin to leak. If plumbing needs to be cut, we will get specific approval prior to doing so as Excalibur Leak Detection, LLC is not a contracting company and can not repair the pipe once it has been cut.
- Any suspected structural leak will be noted in the report and will need to be properly evaluated by an engineer. Excalibur Leak Detection, LLC can only point out areas of concern, however any speculation would need to be confirmed by a properly trained engineer.
- Unless agreed otherwise, the pool needs to be at is normal operating level (not overfilled or under-filled).
- The pool needs to be reasonably clean, clear, and sanitized. Excalibur Leak Detection, LLC reserves the right to refuse inspection of any pool which is not in safe condition (in these circumstances, the minimum fee would still be payable).
- We need to have access to a working hose bib and a working electrical outlet that can handle the draw from a small air compressor. If these are not available within 50' of the pool, please let us know in advance so that we can be prepared. If we are not notifed that either are unavailable and we make a service call, our minimum fee would still apply for the visit.
- We do not accept payment from insurance companies.
- We do not carry permanent repair supplies as all our repairs are temporary. We are not plumbers or contractors, temporary patches may be placed for mitigation of further damage and is considered temporary and without warranty.
- Our inspection is for leaks ONLY. We are not a full inspection company, nor are we licensed contractors. We do not make safety inspections, code inspections, equipment inspections, electrical inspections, etc. except to inspect for leaks. We may point out areas of concern, however any speculation would need to be confirmed by a licensed contractor or engineer.
SERVICE GUARANTEE:
- If for any reason a leak isn’t found within 4 feet of the mark for underground plumbing leaks, and further detection work is needed, Excalibur Leak Detection, LLC will return and continue locating services at ½ the original hourly rate including travel.
- If Excalibur Leak Detection, LLC is called back to continue locating services and for any reason other than the leak location being inaccurate within 4 feet of the mark (for plumbing leaks), the customer agrees to compensate Excalibur Leak Detection, LLC at the full hourly rate, including travel. A 10% discount on service may still apply. Contact us for details.
- Next Steps Must Be followed in order to qualify for our Service Guarantee:
NEXT STEPS: (These steps must be followed to qualify for our Service Guarantee):
After Excalibur Leak Detection, LLC has marked the likely leak location:
- Excavate the minimum required hole for repair. Excalibur Leak Detection, LLC requires a minimum 2’ diameter hole dug at a minimum 2’ deep (or deep enough to reveal the pipe in situations where it is buried deeper).
- If the leak is not found & either of these conditions apply: Call our office right away!
- The pipe is not found in the hole.
- The pipe is found in the hole but no leak is seen on the pipe while water is being run through the pipe from the pool pump (running water into the pipe with a hose is not always sufficient).
- Speaking to the leak technician while your pool repair technician/contractor is still on site can save money, time & frustration later! We can have the Excalibur Leak Detection, LLC service technician speak directly with your pool repair technician. The technician will have insights about the marked location as may recall additional information that could direct the pool repair technician to the issue. This conversation can sometimes lead to a quick adjustment for the pool repair technician so they can identify the issue without waiting for Excalibur Leak Detection, LLC’s technician to return.
- Expectations: It is uncommon for us to mark a spot for excavation and then find out, it is not the exact spot of the leak, however some hard to find leaks require a a revisit to narrow down the exact leak location. Client(s) agree they are aware of this risk and that a revisit may be necessary. There are many environmental factors that can throw off our detection process,
- Underground elements that come into contact with pipes or other utilities cause vibrations and sounds to resonate in the wrong area.
- Ambient sound from nearby equipment, airplanes, radio towers, or roadways also hinder the leak detection process, by making the actual leak sound much harder to hear.
- We have lots of experience finding leaks under weird environmental circumstances, but our leak detection process in these circumstances becomes a process of elimination that can take more time.
- When possible, we will utilize pipe camera technology to ensure we are on target but unfortunately no technology is infallible.
- Return Leak Detection Guarantee: When required, Excalibur Leak Detection, LLC will return to continue the leak detection process, if the above steps are followed & no leak is detected.
- Excavation Costs: Please be aware that excavation costs can be expensive. Excalibur Leak Detection, LLC does not provide excavation services and does not refund leak detection fees due to expensive excavation/repair costs.
Payment shall be made immediatley upon completion of work or Net 30 Days if credit has been pre-approved. If not made within such time period, customer agrees to pay interest at the rate of 5% per month on the unpaid balance from the date of billing. In the event it is necessary to refer customer’s account for collection, customer hereby agrees to pay all costs of collection, including attorney’s fees. All returned checks will be subject to a $150.00 fee.
LIMITATIONS REGARDING LEGAL ACTIONS
In the event of a claim against Excalibur Leak Detection, LLC and its agents, Client(s) agree to supply Excalibur Leak Detection, LLC with the following: (1) Written notification of the issue that give rise to a claim against Excalibur Leak Detection, LLC and its agents, including how the leak detection reporting and/or work done on site was significantly deficient; included in this written notification shall be an explanation of how Excalibur Leak Detection, LLC did not inform Client(s) through its written report that such a condition/issue existed on the date of the inspection; this written notification as explained above shall be given to Excalibur Leak Detection, LLC within 14 days of discovery of the issue; and (2) access to the premises to inspect said issue, and address any concerns Client(s) might have so that Excalibur Leak Detection, LLC may have an opportunity to immediately resolve Client(s)’ claims against Excalibur Leak Detection, LLC. Failure to comply with the above conditions will release Excalibur Leak Detection, LLC and its agents from any liability resulting from the inspection of such system(s) or component part(s). Additionally, Client(s) agree that they bear the burden of proof for any claim arising out of this agreement, including the burden to prove that the report/leak detection regarding an inspected system was significantly deficient, or to advise Client(s) that additional inspection from another licensed professional may be necessary to assess the same in the written inspection report. Please Note: as stated above, we are not contractors or safety/code inspectors. The totality of our inspection is focused only on leak detection specifically. Any added notes are not required and would need to be confirmed by a licensed contractor or engineer. Client(s) agree to hold harmless Inspector/Excalibur Leak Detection, LLC for any observations or speculations of any system or component outside of this scope as they are aware such speculation or observation is intended to alert them of a possible issue to be inspected by a licensed contractor or engineer. Conversely, Client(s) agree that Inspector/Excalibur Leak Detection, LLC will not be held to the burden of proving a report/leak detection was not significantly deficient at time of the inspection. Furthermore, Client(s) agree to indemnify and hold Excalibur Leak Detection, LLC and its agents harmless due to any changes in said property if extreme weather conditions, and/or natural disasters, occur on the premises any time after the inspection, which cause unforeseen and significant damage to the premises and value of the property, or inspected areas, due to exposure to heavy wind, severe thunderstorms, heavy rain, hail, fire, tornadoes, hurricanes, extreme heat waves, and/or sun exposure, drought, flooding, ocean water, entry of wild or domesticated animals, which are all conditions outside the Inspector/Excalibur Leak Detection, LLC’s control. These limitations apply to anyone who claims damages or expenses of any kind concerning the property.
Privacy Policy:
In providing the property inspection and inspection report, information about the client, inspector, real estate professional, and property will be collected and input into DeviceMagic reporting software and services, which inspector uses to produce the inspection report. This information may include personally-identifiable information about the client, inspector and real estate professional. This information may subsequently be used by the provider of DeviceMagic, as set out in the DeviceMagic Privacy Policy found at https://www.devicemagic.com/privacy-policy/. Inspectors may choose to use this information to market new or related products and services to clients.
Dispute Resolution
Mediation and Arbitration In lieu of Civil Litigation.
Client(s) agree that any dispute, claim or controversy arising out of or relating to this Agreement including the breach, termination, enforcement, interpretation or validity of this Agreement will be first presented through mediation before a Maryland Supreme Court Certified Mediator, and if a mediation agreement cannot be rendered between the parties, then such dispute, claim or controversy will be resolved through binding arbitration between Client(s) and Inspector/Excalibur Leak Detection, LLC. Client(s) acknowledge and agree that you and Inspector/Excalibur Leak Detection, LLC are each waiving the right to a trial by jury or judge, or to participate as a plaintiff or as a class in any purported legal proceeding, class action, or other representative proceeding afforded to you under state or federal law. Both Client(s) and Inspector/Excalibur Leak Detection, LLC are each waiving the right to take depositions and participate in pre-litigation requests for production, interrogatories and requests for admissions. Client(s) acknowledge and agree that this provision constitutes an indisputable agreement to binding arbitration if pre-arbitration mediation between the parties is unsuccessful. This clause shall be grounds for an immediate motion to dismiss for any civil complaint for damages filed against Inspector/Excalibur Leak Detection, LLC in violation of these dispute resolution provisions. Client(s) will be obligated to pay Excalibur Leak Detection, LLC’s attorney fees to defend or answer such civil complaint.
Arbitration Rules and Governing Law.
In the event that mediation is unsuccessful and a binding arbitration process is initiated by one of the parties, the Maryland Uniform Arbitration Act will govern the interpretation, procedure and enforcement of this Section.
Mediation and Arbitration Location.
Unless Client(s) and Inspector/Excalibur Leak Detection, LLC otherwise agree, the pre-arbitration mediation, or binding arbitration, will be conducted in Howard County, Maryland. Any binding arbitration may be conducted solely on the basis of documents Client(s) and Inspector/Excalibur Leak Detection, LLC submit to the arbitrator, unless one of the parties request a hearing before the arbitrator, or the arbitrator determines that a hearing is necessary.
Cost of Mediation and Arbitration.
The parties shall share equally in the cost of mediation and/or binding arbitration and shall be responsible for their own attorney fees relating to the mediation or the binding arbitration.
Time Limitations and other Restrictions on any Request, Demand or Claim Surrounding this
Agreement
No action or proceeding of any kind, including binding arbitration, can be commenced against Inspector/Excalibur Leak Detection, LLC or its officers, agents or employees more than one year from the date the CLIENT discovers, or through the exercise of reasonable diligence should have discovered, the cause of action that becomes the subject matter of any dispute between the parties. THIS TIME PERIOD IS SHORTER THAN OTHERWISE PROVIDED BY APPLICABLE LAW.
If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This agreement represents the entire agreement between the parties. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.
Each party signing this Agreement warrants and represents that he/she has the full capacity and authority to execute this Agreement on behalf of the named party. If this Agreement is executed on behalf of Client(s) by any third party, the person executing this Agreement expressly represents to Inspector that he/she has the full and complete authority to execute this Agreement on Client(s)’ behalf and fully and completely binds Client(s) to all the terms, conditions, limitations, exceptions and exclusions of this Agreement.
These limitations apply to anyone who claims damages or expenses of any kind incurred due to the errors or omissions in this inspection and report.