3. COMPENSATION. The Customer shall compensate the Inspector as follows:
a. Payment for Inspection of the OWTS. Customer shall pay inspector a fee in the amount of $450.00 for inspection of the OWTS upon signing this agreement ("Inspection Fee" All fees must be paid upon signing this agreement and prior to scheduling, starting and issuing Inspection report. (If payment for the design is paid by credit or debit card an administration fee of 4.5% will be added to the total amount
b. Payment for Locating the OWTS. In addition to the above fee, Customer agrees to pay Inspector the sum of $98.00/ per hour/ per man to locate the OWTS ("Location Fee"), if the Customer does not know the precise location of the OWTS.
c. Payment for Pumping the OWTS. Pumping of the OWTS is required and Customer agrees to contract Inspector to pump the OWTS, the price for pumping shall be the Pumpers customary fee(s) plus a 20% margin (cost divided by .8 = total with margin), which may vary from approx. a min. of $250.00 + plus, depending on the size and quantities of tanks, etc. ("Pumping Fee") Note that if the manhole cover is not exposed and excavation is needed that any excavation will be at an extra cost. The cost of such extra excavation will vary depending on if it is done with a machine and or by hand. The rates for such will be at Inspectors/Contractors customary rates.
Contractor shall provide Customer with an invoice for services provided, listing the Inspection Fee and Pumping Fee, and if applicable, Location Fee and or excavation fee(the "Invoice") and Customer shall pay the base amount of $450.00 upon signing this agreement and the balance for pumping, margins, and any applicable locating fee or excavation fee amount listed in the Invoice within five (5) days of receipt of the Invoice, unless it is otherwise agreed that the Invoice be paid directly by a closing company as part of a transaction including the transfer of Real Estate.
d. Nonpayment Remedies. Failure by Customer to make payments to the Inspector in accordance with this Inspection Agreement shall be a default of this Agreement. Should Customer fail to make the required payments to Inspector upon seven (7) days notice of the default, Inspector shall have the right, in addition to all other remedies available at law and equity to terminate this Agreement. In the event of non-payment by the Customer, interest will accrue on any unpaid amounts at a rate of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is less), and Customer shall be required to pay a $50.00 administrative late fee, and all attorneys' fees, in effort to collect the debt. If Customer defaults in any manner under the terms of this Agreement, Inspector will have the right to (1) withhold services, including issuance of the Inspection Report, (2) terminate this Agreement in accordance with this paragraph, (3) retain all deposits, fees and payments Customer has made, if any, (4) place liens upon Customer's Property for payment of any other amounts owed, and (5) foreclose any liens placed on the Property if the amounts due, including costs and interest, are not paid in full. The remedies contained in this provision may be used concurrently and are in addition to any other remedy which may be available to Inspector at law or equity.
4. INSURANCE, INDEMNIFICATION AND LIMITATION OF WARRANTIES
a. Inspector's Insurance. Inspector shall maintain general liability insurance in a commercially reasonable amount. Customer warrants and represents to Inspector, and shall provide evidence of such to Inspector upon request, that Customer currently maintains and will maintain for the duration of this Inspection Agreement a policy of property insurance containing coverage for property damage and liability claims.
b. Waiver regarding injury and damages. Customer waives all claims against Inspector, and agrees to indemnify, defend and hold harmless Inspector, for injuries or damages that Customer or any of Customer's family or invitees may suffer while on or around the Property during the Inspection.
c. Indemnity by Customer. Customer acknowledges and agrees that Inspector is serving only to inspect the OWTS. Customer agrees to indemnify and hold Inspector harmless with regard to any claims, costs, obligations or liabilities, which are incurred by Inspector with relation to performance of the Inspection by contractor or any subcontractors.
d. No Warranty. Neither the Inspection nor the Inspection Report is a warranty expressed or implied, regarding the adequacy, performance, or condition of any inspected structure, system or item. Customer acknowledges that condition of any inspected structure, system or item, is subject to change after Inspection has occurred. The Inspection and Inspection Report are not intended to reflect the value of the Property, or to make any representations as to the advisability or inadvisability of purchase or suitability of use. The Inspection and Inspection Report are only intended to express the opinion of the Inspector or its agent, based on a visible Inspection of accessible portions of structure, systems and items, or existing conditions, at the time of Inspection.
e. Reliance. The Inspection and Inspection Report are prepared for the sole, confidential and exclusive use and possession of the Customer only. Neither the Inspection Report, the contents of this Agreement or any representation made herein are assignable or transferrable without the express written permission of Inspector.