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INSPECTION AGREEMENT (SAMPLE)
MAJESKE HOME INSPECTION SERVICES INSPECTION AGREEMENT
THIS AGREEMENT is between of Majeske Home Inspection Services (hereinafter (INSPECTOR) and the undersigned (CLIENT), collectively referred to herein as "the parties". The Parties understand and voluntarily agree as follows:
1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained- for report. The report is only supplementary to the seller's disclosure.
2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (InterNACHI) posted at https://www.nachi.org/sop.htm. Although INSPECTOR agrees to follow InterNACHI's Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that InterNACHI is not a party to this Agreement and has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR. The CLIENT understands that unless it is specifically requested, the INSPECTOR will NOT be testing for the presence of radon, a colorless, odorless, radioactive gas that may be harmful to humans. The CLIENT understands that the INSPECTOR will NOT be testing for the presence of wood destroying insects or rodents (Although, the INSPECTOR may arrange for a third party to perform a pest inspection at the CLIENTS request). The CLIENT understands that unless it is specifically requested, the INSPECTOR will NOT be testing for mold or mold like substances. The CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, pests, soil contamination, and other environmental hazards or violations.
3. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repair-persons, and other interested parties. CLIENT shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR'S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects.
4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents and/or employees, for claims or damages, costs of defense or suit, attorney's fees and expenses arising out of or related to the INSPECTOR'S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.
5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place.
6. The INSPECTOR may or may not walk on the roof unless it is deemed safe by the INSPECTOR. The INSPECTOR is not required to climb on a roof that requires more than a 12-foot ladder, or walk on joists in attics or other areas without permanent and stable flooring and hazard-free overhead space. In most cases, roofs, chimneys and gutters and other roof objects are viewed from the ground only. Any decisions to not inspect any devices or areas due to the INSPECTOR'S concerns about personal safety or creating new damage shall be final, and without any reduction in the agreed upon inspection cost.
7. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) written notification of adverse conditions within 14 days of discovery (via e-mail to firstname.lastname@example.org or to 3811 Meridian Rd., Okemos, MI 48864-3117); and (2) access to the premises prior to disturbing or having repaired anything that may constitute evidence relating to the complaint, except in the case of an emergency. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.
8. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in Ingham County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR's relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days, written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury.
9. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it 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. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
10. Payment of the fee to INSPECTOR is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney's fees, if any. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
11. If CLIENT requests a re-inspection, the re-inspection will be completed at an additional fee and is also subject to all the terms and conditions set forth in this agreement.
12. This Agreement is not transferable or assignable.
13. If the CLIENT has any reservations or concerns about a particular item, whether it is listed in the inspection report or not, and the CLIENT intends to purchase the property anyway, we recommend that the CLIENT have the item of concern evaluated by a specialist or licensed contractor who is an expert in the area of concern prior to releasing the inspection contingency or proceeding with purchasing the property.14. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.