On-Site Wastewater Treatment System Inspection Agreement Logo
  • On-Site Wastewater Treatment System Inspection Agreement

    On-Site Wastewater Treatment System Inspection Agreement

  • A Diivision of Jake Wieser Construction, Inc

    7750 T.T. Road, Houston, MN 55943

    507-895-8213 Office

    www.wieserseptic.com

     Business Lic. No. L2929

    Leonard Wieser Jr. - Cert. No. C8215

  • ON-SITE WASTEWATER TREATMENT SYSTEM INSPECTION AGREEMENT

  • THIS AGREEMENT (the "Agreement") is made and entered into

  •  - -
  • by and between

  • and Wieser Septic & Excavating (a Division of Jake Wieser Construction, Inc., a Minnesoata corpoartion) ("Inspector") for the following On-Site Wastewater Treatment System ("OWTS") located at

  • 1. INSPECTION SERVICES

    a.Inspection. The Inspector shall inspect the Customer's OWTS, which will be based on a visual inspection of the readily accessible areas of the components of the OWTS. Components to be inspected include the following: (1) Buried Septic Tanks (tanks); (2) Drainfields; and (3) Soil Absorption Systems (the "Inspection" The inspection begins only after the system is located.

    i.Winter Inspection. The Inspection requires soil borings to be taken. If the ground conditions do not permit reasonable boring, the Inspection will not be finalized until the Inspector is able to perform the required boring and soils portion of the Inspection.

    b.Consultation with Inspector. The Inspector shall inform Customer of compromised or damaged systems and recognized potential hazards of the OWTS that Inspector finds during the Inspection. If compromised or damaged systems are found, the Inspector will consult with Customer to understand the cause and make recommendations for possible repair.

    c.Issuance of Report. Upon completion of Inspection, Inspector shall issue an Inspection Report on the OWTS, which contains the evaluation of the OWTS (the "Inspection Report" The Inspection Report is based on a visual inspection of the OWTS and information provided by the Customer and is based on the present condition of the OWTS.

    2.CUSTOMER'S DUTIES AND RESPONSIBILITIES

    a. Customer agrees to provide the following to Inspector:

    i. Payment for the inspection fee upon signing of this agreement;

    ii. Fill out the work order form and provide house/building information needed for inspection

    iii. Any information about any existing OWTS

    iv. access to the Property and OWTS to be inspected;

    V. a safe work environment; and

    vi. reasonable safety precautions to protect against personal injury, death, and property damage.

    b.Notice of Defects. The Customer shall provide prompt notice to the Inspector if he or she observes or otherwise becomes aware of any defect in the operation or any fault or default in the OWTS prior to Inspection. The Customer should ask owner of the Property about any prior repairs that have been made to the OWTS prior to the Inspection. Customer shall provide to Inspector any maintenance, service or inspection records in Customer's possession which reflect past services and repair on the OWTS.

    c.Hazardous Materials or Conditions. If Hazardous Conditions are encountered by Inspector during the course of Inspector's work, the discovery of such materials shall constitute an event beyond Inspector's control and Inspector shall have no obligation to further perform the service in the area where the Hazardous Conditions exist until the area has been made safe by Customer as certified in writing by a qualified independent testing agency, and Customer shall pay expenses as determined by Inspector. The Customer shall indemnify and hold Inspector harmless for any damages resulting from the exposure of Inspector and its workers to Hazardous Conditions, including damages for bodily injury and/or Property damage, any consequential or indirect damages, and any attorneys' fees and expert costs incurred in connection with any such event, whether or not Customer pre-notifies Inspector of the existence of Hazardous Conditions.

    d.Authorized Representative. The Customer may designate a representative authorized to act on the Customer's behalf with respect to the Inspection of the OWTS. The Customer, or such authorized representative, shall discuss with Inspector any issues that may arise during the Inspection, and render decisions in a timely manner pertaining to any issues posed by Inspector.

  • 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.

  • e. LIMITATION OF LIABILITIES. Customer understands and agrees the Inspector is not an insurer, that the payment for the subject Inspection is based solely on the value of the service provided. Customer also agrees that any claim of failure in the accuracy of the Inspection Report shall be reported to the Inspector within five calendar days of discovery and that failure to notify the inspector within that time period shall constitute a waiver of any and all claims. The Inspector shall have five calendar days to respond to the claim. If the Inspector fails to satisfy the claim, liability shall be limited to a refund of the fees paid. IN NO EVENT SHALL INSPECTOR BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE OWTS OR ANY OF ITS COMPONENT PARTS BY CUSTOMER OR ANY THIRD PARTY. INSPECTOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE OWTS TO PERFORM. PRE-LIEN NOTICE TO CUSTOMER.

    ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS (A) IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.

    (B)UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.

    g. CONFIDENTIALITY. The written Inspection Report to be prepared by the Inspector shall be considered the final and exclusive findings of the Inspector regarding the Inspection. The Inspection Report to be prepared for the Customer is solely and exclusively for the Customer's own information and may not be relied upon by any other person. Customer agrees to maintain the confidentiality of the Inspection Report and agrees not to disclose any part of it to any other person. Customer may distribute copies of the Inspection Report to the seller and real estate agents directly involved in this transaction, if applicable.

     h. MISCELLANOUS. This Agreement shall be governed by the laws of the State of Minnesota and any proceedings shall be venued in Stearns County, Minnesota. This Agreement represents the entire Agreement between Customer and Inspector, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument, signed by both Customer and Inspector. This Agreement no way represents a joint venture or partnership between the Inspector and the Customer. In the event Inspector is required to incur costs or attorney's fees to enforce this Agreements terms, such amounts will be added to amounts owed by Customer to Inspector under this Agreement.

    THIS IS A LEGALLY BINDING DOCUMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT PRIOR TO SIGNING IT.

    THE PARTIES HAVE BEEN ADVISED TO CONSULT THEIR RESPECTIVE ATTORNEYS PRIOR TO SIGNING THE DOCUMENT IF THEY HAVE ANY QUESTIONS.

    The undersigned have read this Agreement and understand and agree to all of its terms and conditions.

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  • JAKE WIESER CONSTRUCTION, INC.

  • CUSTOMERS AGENT (If Applicable)

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