InterNACHI Inspection Agreement |
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The address of the property
is:
Fee for the home inspection is
THIS AGREEMENT made this day
of , by
and between 1st Choice Property Inspectors Inc. (hereinafter
"INSPECTOR") and the undersigned (hereinafter "CLIENT"), collectively referred
to herein as "the parties." The Parties Understand and
Voluntarily Agree as follows: |
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| 1. |
INSPECTOR agrees to perform a visual
inspection of the home/building and to provide CLIENT with a written 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. |
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| 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 International Association of Certified Home
Inspectors. Although INSPECTOR agrees to follow
InterNACHI's Standards of Practice, CLIENT understands that these standards
contain certain limitations, exceptions, and exclusions. CLIENT also understands
that InterNACHI is not a party to this Agreement and that InterNACHI has no
control over INSPECTOR or representations made by INSPECTOR and does not
supervise INSPECTOR. Unless otherwise indicated below, CLIENT understands that
INSPECTOR will NOT be testing for the presence of Radon - a colorless, odorless,
radioactive gas that may be harmful to humans. Unless otherwise indicated below,
CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise
indicated below, 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, soil contamination, and other
environmental hazards or violations. |
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| 3. |
The inspection and report are performed
and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss
observations with real estate agents, owners, repairpersons, 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 to the fullest
extent allowed by law. If any structure or portion of any structure that is to
be inspected pursuant to this Agreement, is a log home, log structure or 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 that are not
visible by an exterior visual inspection. |
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| 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 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. |
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| 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 those within the scope of the basic home inspection. Any
agreement for such additional inspections shall be in a separate writing or
noted here:
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| 6. |
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, and (2) Access to the
premises. Failure to comply with the above conditions will release INSPECTOR and
its agents from any and all obligations or liability of any kind. |
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| 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 INSPECTOR 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. 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. |
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| 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. |
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| 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 person signing this Agreement on behalf of such entity does
personally guaranty payment of the fee by the entity. |
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| 10. |
This Agreement is not transferable or
assignable. |
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CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND
ACKNOWLEDGES RECEIPT OF A COPY OF THIS
AGREEMENT. |