Residential Inspection Agreement
This is an Agreement between you, the undersigned Client, and us, the Inspector, pertaining to our inspection of the Property. The terms below govern this Agreement.
1. The fee for our inspection is payable in full at the appointment.
2. We will perform a visual inspection of the property. We will provide a written report identifying the defects that We (1) observed and (2) deemed material
3. Unless otherwise noted in this agreement or not possible, we will perform the inspection in accordance with the current Standards of Practice (SOP) of the International Association of Certified Home Inspectors ("InterNACHI") posted at WWW.nachi.org. If your jurisdiction has adopted mandatory standards that differ from InterNCHI's SOP, we will perform the inspection in accordance with your jurisdiction standards. You understand that InterNACHI is not a party to this Agreement, has no control over it, and does not employ or supervise us.
4. Unless otherwise indicated in writing, we will NOT test for the presence of radon, a harmful gas. Unless otherwise indicated in writing, we will not test for compliance with applicable building codes or for the presence of, or for any potential dangers arising from the presence of asbestos, lead paint, soil contamination, or other environmental hazards or violations.
5. Our inspection and report are for your use only. You will be the sole owner of the report and all rights to it. We are not responsible for the use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our cost and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.
6. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that the actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed upon fee.
7. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license.
8. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery in sufficient detail and with sufficient supporting documents that we can evaluate, and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.
9. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney's fees incurred in defending that claim. You agree that the exclusive venue for any legal action against InterNACH itself, allegedly arising out of this Agreement or our membership in InterNACHI, will be in Boulder County, Colorado. Before bringing any such action, you must provide InterNACHI with 30 days Written notice of the nature of the claim in sufficient detail and with sufficient supporting documents that InterNACHI can evaluate it. In any action against us or InterNACHI, you waive trial by jury.
10. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into his Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by one of our officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection.
11. Past due fees for your inspection shall accrue interest at 8% per year. You agree to pay all cost and attorney's fees we incur in collecting the fees owed us. If the Client is a Corporation, LLC or similar entity, you personally guarantee payment of the fee.
12. If you request a re-inspection, the re-inspection is subject to the terms of this agreement.
13. If court finds any terms of this Agreement ambiguous or requiring judicial interpretation, the Court shall not construe that term against us by reason of the rule that any ambiguity in a document is constructed against the party drafting it. You have the opportunity to consult qualified counsel before signing this.
14. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.