WHEREAS Client desires to have a visual inspection of the building located at
WHEREAS Inspector agrees to perform a visual inspection for Client under the terms and conditions set forth in this contract:
IN consideration of the mutual promises set forth in this contract. Client and Inspector agree and covenant as follow:
SCOPE OF INSPECTIONS
Inspector shall perform visual inspection of open, accessible, and apparent building components, which are specifically identified in "Inspector’s report". Inspector shall perform the inspection in a safe, skillful, and generally workmanlike manner in accordance with industry standards. Inspector shall in no event alter, build, repair, maintain, and/or service any building components which falls within the scope of this contract. Upon the tender of delivery of the "Inspection report", Inspector shall have fully and completely discharged Inspector’s duty of performance under this contract.
PAYMENT
Client agrees to pay inspector the total sum of $ ______________ for the visual inspection to be performed under this contract.
LIABILITY
INSPECTORS LIABILITY FOR ANY MISTAKE, OR OMISSION, WHICH ARISES WITHIN THE CLIENT-INSPECTOR RELATIONSHIP, ESTABLISHED BY THIS CONTRACT SHALL BE LIMITED TO A REFUND OF THE FEE PAID FOR THE VISUAL INSPECTION AND "INSPECTOR’S REPORT".
Client agrees to assume all risk of loss which exceeds the fee paid for the visual inspection and "Inspector’s Report" and to hold Inspector and its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines and judgments, including cost, attorney’s and witnesses’ fees, and expenses incident thereto, for injuries to person and for loss of, damage to, or destruction of property arising out of or in connection with this contract unless caused by the gross negligence or willful misconduct of Inspector, its officers, agents, or employees.
SETTLEMENT AND WAIVER OF POTENTIAL CLAIMS
Client agrees to immediately accept a refund to the fee paid for the visual inspection and "Inspection Report" as full settlement of any and all claims which may ever arise out of or in connection with this contract. Wherein Inspector tenders a full refund. Client hereby voluntarily agrees to waive all claims for damages or loss to person or property that may be caused by any representation, act or failure to act, of Inspector, its officers, agents, or employees.
DISCLAIMER OF WARRANTIES
Inspector makes no warranties or guarantees with respect to the building which is the subject of this contract. Any representations or warranties not included within this contractual writing, whether express or implied, are hereby disclaimed. There is no warranty whatsoever on major or minor damages or defects which may develop or become visible at any time subsequent to Inspector’s visual inspection.
HAZARDOUS SUBSTANCES EXPRESSLY EXCLUDED
Hazardous substances are expressly excluded from the terms of this building inspection contract. Hazardous substances include, but are limited to, the following: odors, radon, pesticides fungicides, toxins, carcinogens, all petroleum-based chemicals, asbestos, lead, flood plains, noise, contaminants in soil, water and air, electromagnetic fields, and formaldehyde.
NO THIRD PARTY BENEFICIARIES.
Client and Inspector understand acknowledge, and agree that the "inspector’s Report" is intended for the sole use and benefit of Client. Client and Inspector desire no third party beneficiaries to this building inspection contract.
In Witness Whereof the parties have executed this building inspection contract.
This ________________ day of ________________________________ .
CLIENT PHONE # ________________________________________________________________________
CLIENT AUTHORIZED AGENT and/or INSPECTOR
SIGNATURE