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 to the current
of Practice of the National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm. CLIENT understands
these standards contain certain limitations, exceptions, and exclusions.
3. The inspection and report are performed and prepared for the use of CLIENT, who
gives INSPECTOR permission to discuss observations with
agents, owners, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation
parties. INSPECTOR’S inspection of the property and
the accompanying report are in no way intended to be a guarantee or warranty, express or
implied, regarding the future use, operability, habitability or suitability of the home/building or its components.
Any and all warranties, express or
implied, including warranties of
merchantability and fitness for a particular purpose, are expressly excluded by this Agreement.
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, employees, for claims or damages, costs of defense or suit, attorney’s fees and
expenses and payments arising out of or related to the INSPECTOR’S negligence
or breach of any obligation under this Agreement, including errors
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, unless the inspector holds a valid occupational license, in which
case he/she may inform the CLIENT that he/she
is so licensed, and is
therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond
within the scope of the basic home inspection. Any agreement
for such additional inspections shall be in a separate writing or noted here:
6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR
with the following: (1) Written notification of adverse
within 14 days of discovery, and (2) Access to the premises. Failure to comply with the above conditions will release INSPECTOR
its agents from any and all obligations or liability of any kind.
7. The parties agree that any litigation arising out of this Agreement shall be
filed only in the Court having jurisdiction in the County in which the
has its principal place of business. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court
CLIENT agrees to pay all legal costs, expenses and fees of
INSPECTOR in defending said claims.
8. 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. 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 or modification shall be enforceable against any party unless
such change or modification is in writing and signed by the
This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors
CLIENT shall have no cause of action against INSPECTOR
after one year from the date of the inspection.
9. Payment of the fee
to INSPECTOR (less any deposit noted above) 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
signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS
INSPECTOR CLIENT OR REPRESENTATIVE