The address of the property is: ______________________________________________________________________________________________. Fee for the inspection is $______________. THIS AGREEMENT made this _______th day of __________________________, 20____, by and between All American Inspection Services (State License # HI343) hereinafter "INSPECTOR" and the undersigned "CLIENT", collectively referred to herein as the parties. The Parties understand and voluntarily agree as follows:
1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written report identifying the defects that the INSPECTOR both observed and deemed legitimate findings. The INSPECTOR may offer comments or recommendations as a courtesy, but these comments or recommendations will not comprise the actual findings in the report. The report is only supplementary to the sellers 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 International Association of Certified Home Inspectors (InterNACHI) posted at https://www.nachi.org/sop.htm.
3. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon, mold, asbestos, lead paint, formaldehyde, soil contamination, and other environmental hazards or violations.
4. Unless otherwise indicated below, CLIENT understands that the inspector does not inspect for building code violations, although there may be findings outlined in the report that are building code issues.
5. 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 (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement.
6. The 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.
7. The CLIENT understands that this is a visual inspection only. The INSPECTOR assumes no liability for the cost of repair or replacement of latent defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, at the time of the inspection.
8. 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) 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.
9. If the CLIENT decides to take any claims to court or legal proceedings and it fails to prove any claims against INSPECTOR, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
10. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. 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. This Agreement is not transferable or assignable.
11. 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 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.
12. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.