**PLEASE CONTACT HERITAGE WELL SERVICE FOR PRICING INFORMATION**
Be advised that if we are unable to conduct the test but still visit the property, a MINIMUM charge will be incurred for our attempt at the rate of a service call fee charge (pricing available upon request).
Residential Well Inspection Agreement
SCOPE OF INSPECTION: A well inspection is a non-invasive, visual observation and operation of the accessible systems and components of the well and well system. This includes well pump/motor (surface level), control system(s), storage tank(s), pressure tank(s), booster pump(s), electrical equipment and water sampling. Its purpose is to identify conditions that, in the professional opinion of the inspector and licensed Contractor, are significantly deficient or to identify systems and components that are at the end of their service lives.
The inspection is limited to the examination of readily accessible, installed systems and components of the well and well system by using normal operating controls and opening readily accessible panels and components. The observations of the conditions are limited to those components of the well and well system that can be reached or viewed without difficulty, moving obstructions or requiring any action which may result in damage to the well or well system or personal injury to the technician on site. Any additional services outside the list of components or repairs are not included in this inspection and must be specifically agreed to in writing between the Contractor and the Client.
The Contractor will prepare and provide the Client with a written report for the sole use and benefit of the Client. The written report shall document any deficiences discovered in the well or well system(s). A deficiency is a condition that in the reasonable judgement of the Contractor is not functioning properly or is unsafe. However, the fact that a component is near, at, or beyond the end of its normal service life is not, in itself, a deficiency in the system or component.
Nothing in the report and no opinion of the onsite Inspector should be construed as advice to the Client to purchase, or not to purchase, the Property, or serve as a prediction of future conditions or the value of the Property.
CLIENTS DUTY: The Client understands and accepts that the inspection and report, in accordance with this Agreement, are intended to reduce, but cannot eliminate, uncertainty regarding the condition of the well and well system on said Property. The Client is responsible for reviewing the permit history and for researching any legal actions or claims regarding the well or well system.
The Client agrees to read the entire written report when it is received and to promptly contact the Contractor with any questions or concerns regarding the inspection or written report. The written report shall be inclusive of all findings of the Contractor. Verbal representations not recorded within the Inspection report are not part of the inspection.
The Client acknowledges that the staff performing the inspection are employee(s) of the Contractor and that any additional information regarding findings at the site will be documented in the report and can be further investigated by the Contractor if deemed necessary by the Contractor.
In the event the Client becomes aware of a reportable condition not contained in the written inspection report, the Client agrees to promptly notify the Contractor and allow the Contractor and/or his or her designated representative(s) to inspect said condition(s) prior to making any repair, alteration, or replacement. If the Client fails to so notify the Contractor and fails to allow an additional inspection, any costs of such repairs, alterations or replacements will be entirely at the Client's cost without recourse against the Contractor.
LATENT DEFECTS: The Client agrees that the Inspection is not a technically exhaustive investigation or evaluation of every aspect of the well and well system. The Client acknowledges and agrees that the Inspection and the written report will not reveal every existing deficiency and future condition affecting the well and well system. The Contractor is not responsible for the non-discovery of any latent defects of the well and well system or any problems that may occur or become evident after the date of the Inspection. Latent defects include, but are not limited to, water leaks, equipment failure or loss of production in the well and well system(s). The Contractor is not responsible for any defects that may manifest themselves in the future, any structural failures that may occur in the future, or damages that result from future repairs.
COMPLIANCE WITH BUILDING CODES: Consistent with the scope of the Inspection, as provided in this Agreement, the Contractor will identify items that my present a health and/or safety issue in addition to those that may not meet building code under CA Bulletin 74-81 or others related to the well and well system. The Contractor will not provide an opinion on any items outside of the license of the Contractor, a C-57 and C-55 license and the Client should seek input from other licensed individuals to provide an opinion on these items if necessary.
ENVIRONMENTAL AND HEALTH CONDITIONS: The Client agrees that the Inspection is not indended to detect, identify, or disclose any health or environmental conditions regarding the well or well system other than the items being specifically tested through a clinical water laboratory. The Contractor is not liable for injury, health risks, or damage caused or contributed to by these conditions. If the Client wishes to have an inspection for any specific health or environmental condition, that must be covered by a separate addendum to this Agreement.
RE-INSPECTION OF COMPONENTS: In the event the Contractor is asked by the Client to re-inspect a component or condition that has been repaired, the Contractor's scope of re-inspection will be limited to the components or conditions identified. The Contractor will not be responsible for any changed conditions in other components or conditions since the date of the original inspection. Any re-inspection of repaired components or conditions will not determine if the repair is adequate, rather a re-inspection will only determine if visually identifiable defencies still exist and may include an additional charge to re-visit the site.
LIMITATION OF LIABILITY: The Client agrees and understands that the Contractor is not an insurer and is not warranting or guaranteeing the adequacy, performance or life expectancy of the well and well system or its components. The Client further agrees that if the Contractor or one of its agents, employees, subcontractors, officers or shareholders are found liable for any loss or damage due to negligence or the failure to perform the Contractor's obligations in this agreement, including the improper or negligent performance of the inspection or the improper or negligent reporting of conditions of the well system, the Contractor's maximum liability shall be limited to twice the amount of the paid inspection fee. This limitation shall not apply to any damages specifically allowed by statute.
The limitation of liability specifically covers liabilty for: damaged components, loss of use of the well and well system and its components, lost profits, consequential damages, special damages, incidential damages, governmental fines and change and charges, punitive damages, attorney's fees another court costs. The limitation of liability shall not apply to any damages caused by the gross negligence of the Contractor and its employees in the performance of the Contractor's obligations in this agreement.
RESOLUTION OF DISPUTES: Any controversy or claim arising out of or relating to this Agreement shall be resolved thorugh Small Claims Court in the jurisdiction applicable to this Agreement. In the event that the amount in dispute exceeds the jurisdiction of the applicable Small Claims Court, the dispute shall be settled by binding arbitration administered by Construction Dispute Resolution Service, or if unavailable, Resolute Systems, before a single arbitrator usings its Commercial Arbitration Rules. The arbitrator shall have at least three years knowledge and experience in the water well industry or similar knowledge and experience in construction. Each party agrees to pay its own costs for arbitration. Any legal action or proceeding shall be brought in the County in which the property is located.
TIME TO INITIATE ACTION: Any action regarding or arising from the condition of the well and well system and the inspection and/or written report must be filed and initiated by the Client no later than one (1) year following the date of the inspection. Otherwise, the claim will be barred. If the matter is in arbitration, the arbitrator will be bound by the terms of this paragraph as a limitation on the arbitrator's ability to render an award in favor of the Client.
NO WARRANTIES OR GUARANTEES: The Inspection and written report are not intended, nor shall they be used or treated by the Client or anyone else, as a guarantee or warranty expressed or implied, regarding the adequacy, performance, or condition of any aspect of the well or well system. The Client acknowledges and agrees that the Contractor is not an insurer of any inspected or non-inspected components or conditions of the well or well system.
RELIANCE BY THIRD PARTIES: The Client agrees and understands that the Inspection report provided to the Client under this Agreement is solely for the Client's exclusive use in evaluating the physical condition of the well and well system. No representation is made by the Contractor as to the value of the well or well system. If anyone other than the Client relies upon the Inspection report, that person(s) agrees to be bound by all the terms and conditions of this Agreement.
ENTIRE AGREEMENT AND SEVERABILITY OF PROVISIONS: This Agreement contains the entire Agreement between the Client and the Contractor. This document supersedes any and all representations, both oral and written, among the parties. This Agreement may be modified, altered or amended only in writing and having been signed by both the parties. Any provision of this Agreement which proves to be invalid, void or illegal shall in no way effect, impair, or invalidate any other provision of this Agreement, and all such provisions shall remain in full force and effect.
ESCROW BILLING: An additional fee of $100.00 may be incurred for those clients billing through escrow. If escrow is cancelled for any reason payment is due immediately or, your credit card will be billed for the entire Inspection fee. Please be advised we do not allow payment via escrow for any refinancing transactions, payment is due for these services upon completion of work.
REPORT DELIVERY: The inspection report will be delivered to all agents involved in the transaction unelss you specifically request us not to.
OTHER CONDITIONS:
By signing below you understand that the trucks and/or equipment that are used for well inspections can be large and extremely heavy. I do hereby release Heritage Well Service LLC from any damage that may be sustained to the above stated address to include, but not limited to: concrete, curbs, sidewalks, driveways, other concrete works, landscaping, sprinkler systems, grass, trees, bushes, or any other equipment while we are on site.
Additionally, while inspection is being performed all water to the home and property may be shut off depending on the design of your system, please plan accordingly.
You may not assign this Agreement. If there is more than one Client, you are signing on behalf of all involved parties and represent that you are authorized to do so. The provisions of this Agreement will be binding upon any party that takes title to the property with the Client or claims title to the property through this client.