Read & Understand Our Inspection Agreement Before Proceeding
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All Points Property Inspections in Mountain Home Arkansas, LLC (Hereinafter "INSPECTOR") and the undersigned (hereinafter "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 an electronic inspection 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 to the current Standards of Practice of the National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm. CLIENT understands that these standards contain certain limitations, exceptions, and exclusions.
- 3 The inspection and report are performed and prepared for the use of the CLIENT, who gives the INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third 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.
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 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 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 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 an additional fee, perform additional inspections beyond those within the scope of the basic home inspection.
In the event of a claim against INSPECT OR, CLIENT agrees to supply INSPECTOR with the following:
(1) Written notification of adverse conditions within 14 days of discovery, and
(2) Access to the premises. Failure to comply with the above conditions will release the INSPECTOR and 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 INSPECT OR has its principal place of business. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law, 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 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.
- 9 Payment of the fee to the 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 person signing this Agreement on behalf of such entity does personally guarantee payment of the fee by the entity.
- 10 All Points Property Inspections may have an affiliation with third-party service providers ("TPSP") in order to offer value-added services to its Clients. The company may also arrange for these TPSP to send literature or make post-inspection contact with the company's Clients.
- 11 CLIENT agrees and understands this SERVICE AGREEMENT is good for 6 months or 181 days from the date of the inspection. After 6 months, the CLIENT understands the INSPECTOR WILL BE RELEASED from any and all obligations or liability of any kind.