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3D
Inspection, Inc. The right inspector, right away!® Office: 864-947-2323 ¶ Fax: 864-947-4306 Toll Free: 888-795-BEST (2378) |
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Contact Us Now Toll Free 888-795-BEST(2378) 8AM-9PM (EST) |
3D Inspection Agreement THIS AGREEMENT
made by and between 3D Inspection, Inc. (Hereinafter “INSPECTOR”) and the undersigned
(hereinafter “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 inspection report identifying the 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. INSPECTOR does not perform engineering,
architectural, plumbing, or any other job function requiring an occupational
license in the jurisdiction where the inspection is taking place. 2. Unless
otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees
to perform the inspection in accordance to the current Standards of Practice
of the National Association of Certified Home Inspectors posted at
http://www.nachi.org/sop.htm or dddinspection.com. CLIENT understands that these standards
contain certain limitations, exceptions, and exclusions. 3. The
inspection and report are performed and prepared for the use of CLIENT, who
gives INSPECTOR permission to discuss observations with real estate agents,
owners, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use
or misinterpretation by third parties.
INSPECTOR’S inspection of the property and the accompanying report are
in no way intended to be a guarantee or warranty, express or implied,
regarding the future use, operability, habitability or suitability of the
home/building or its components. Any and all warranties, express or implied,
including warranties of merchantability and fitness for a particular purpose,
are expressly excluded by this Agreement. 4. 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, its agents, employees, for claims or damages, costs of defense or
suit, attorney’s fees and expenses and payments 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, 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. 5. 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. 6. 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 adverse claims against INSPECTOR in a
court of law, CLIENT agrees to pay all legal costs, expenses and fees of
INSPECTOR in defending said claims. 7. CLIENT agrees to hold any and all real
estate agents involved in the purchase of the property to be inspected
harmless and keep them exonerated from all loss, damage, liability or expense
occasioned or claimed by reasons of acts or neglects of the INSPECTOR or his
employees or visitors or of independent contractors engaged or paid by
INSPECTOR for the purpose of inspecting the subject home. 8. If any court declares any provision of
this Agreement invalid or unenforceable, the remaining provisions will remain
in effect. This Agreement represents
the entire agreement between the parties.
All 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 or modification shall be
enforceable against any party unless such change or modification 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. 9. Payment of
the fee to INSPECTOR) 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. CLIENT HAS
CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A
COPY OF THIS AGREEMENT. ______________________________
___________________________ FOR INSPECTOR CLIENT OR REPRESENTATIVE |
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3D Inspection Office:
864-947-2323 ¶
Fax: 864-947-4306 Toll
Free: 888-795-BEST (2378) 3dinspection@dddinspection.com |
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