1. INSPECTOR agrees to perform a visual and non-invasive inspection of the home/building and to provide CLIENT with a written report identifying 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 with the current Standards of Practice of the Florida Department of Business and Professional Regulation for Home Inspectors as posted here. CLIENT understands that INSPECTOR will NOT be testing for the presence of radon — a colorless, odorless, radioactive gas that may be harmful to humans. CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not be inspecting for compliance with applicable building codes or testing for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, tainted drywall, soil contamination, sinkholes, and other environmental hazards or violations.
3. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement.
4. INSPECTOR'S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law.
5. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction or wood frame construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by a visual and non-invasive inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include damage or decay of the interior of wood framing, logs in log walls, log foundations or roofs, or similar defects.
6. CLIENT understands that the home/building has unique characteristics that make it impossible for an inspector to access, inspect, evaluate and report on the condition of interior walls, ceilings or floors, columns, or attics/crawl spaces due to being inaccessible, or by being covered by drywall, paneling, cladding, insulation, carpeting, flooring, or current homeowner's or tenants belongings, by a visual and non-invasive inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include deficiencies, damage or decay that may be blocked, covered or hidden at the time of inspection.
7. 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 for claims or damages, costs of defense or suit, attorney's fees and expenses 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 for this inspection, 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.
8. INSPECTOR does not perform construction, 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. Any agreement for such additional inspections shall be in a separate writing from this agreement.
9. 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) immediate 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.
10. 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 claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. In any action against INSPECTOR, CLIENT waives trial by jury.
11. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. MI 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 shall be enforceable against any party unless it 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.
12. In providing the inspection report, information about the CLIENT, INSPECTOR, real estate professional, and property will be collected and input into HomeGauge inspection software, a third party, which INSPECTOR uses to produce the photo documented inspection report. This information may include personally-identifiable information about the CLIENT, INSPECTOR and real estate professional. This information will be kept private by INSPECTOR. INSPECTOR does not use HomeGauge for any other services, unless requested for in writing by the CLIENT. This information may subsequently be used by the provider of HomeGauge, as set out in the HomeGauge Privacy Policy found at huns://www.HomeGaune.combrivacv.html.
13. 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 and or personally.
14. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.
15. This Agreement is not transferable or assignable. 16. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.
BY SIGNING BELOW, CLIENT AGREES HE OR SHE HAS CAREFULLY READ THIS AGREEMENT, AGREES TO ITS STANDARDS AND EXCLUSIONS COMPLETELY, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. BY SIGNING BELOW CLIENT ALSO AGREES HE OR SHE HAS RECEIVED A CURRENT COPY OF THE FLORIDA STANDARDS OF PRACTICE FOR HOME INSPECTORS, AND A CURRENT COPY OF THE INSPECTOR'S FLORIDA STATE LICENCE.