THIS AGREEMENT made is between ——————– (hereinafter “INSPECTOR”) and the purchaser and/or persons named on the report (hereinafter “CLIENT”), collectively referred to herein as “the parties.” The Parties Understand and Voluntarily Agree as follows: 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. 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 International Association of Certified Home Inspectors (InterNACHI). Although INSPECTOR agrees to follow InterNACHI’s Standards of Practice, CLIENT understands that these standards contain certain limitations, exceptions, and exclusions. CLIENT also understands that InterNACHI is not a party to this Agreement and that InterNACHI has no control over INSPECTOR or representations made by INSPECTOR and does not supervise the INSPECTOR. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon, Chinese drywall, or mold. Unless otherwise indicated below, CLIENT understands that INSPECTOR will not test swimming pools, low voltage outdoor lighting, shed or outbuildings or for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. 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, repairman, 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 merchant-ability and fitness for a particular purpose, are expressly excluded by this Agreement to the fullest extent allowed by law. 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 (1) to reflect the fact that actual damages may be difficult and impractical to ascertain; (2) to allocate risk among the INSPECTOR and CLIENT; and (3) to enable the INSPECTOR to perform the inspection at the stated fee. INSPECTOR does not perform engineering, architectural, electrical, plumbing, HVAC or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place. In the event of a claim against INSPECTOR, the 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 or affiliates from any and all obligations or liability of any kind. 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 assignee’s. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection. In the event that any information pertaining to property dimension, age, legal description, building permits, structure definition, room sizes, or property tax information is found to be incorrect or inaccurate as a result of survey, title search, information provided by City of Jacksonville website, Northeast Florida Association of Realtors, Multiple Listing Service, or any other source or document, CLIENT hereby agrees to hold harmless ———————- and its employees from any liability or responsibility arising there from any reason whatsoever.
Employees are not stating or implying any value of the property or acting as agents or real estate representatives for the CLIENT. Buyer gives INSPECTOR expressed written permission to contact by telephone even if CLIENT is or becomes listed on any “Do Not Call Registry”. The parties agree that all sums owed to INSPECTOR will be paid to INSPECTOR at the time of inspection or at the closing on the subject property. CLIENT specifically and irrevocably authorizes and instructs the title company or closing agent to pay INSPECTOR all sums owed to INSPECTOR at the closing on the property, and CLIENT further agrees to indemnify, release, and hold harmless the title company or closing agent, their employees and agents, from any liability or claims allegedly arising out of any such distribution to INSPECTOR at closing. An invoice submitted by INSPECTOR to the title company or closing agent shall be sufficient to establish the amount to be paid to INSPECTOR at closing. If the CLIENT’S real estate agent request payment at closing they become responsible for the payment should the transaction not take place or it not be included and/or paid at closing. If the transaction is terminated or does not go to closing Client authorizes those holding any binder or escrow deposits to pay the Inspectors fees. 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 the INSPECTOR for the purpose of inspecting the subject home. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. This Agreement is not transferable or assignable.