This agreement for an EIFS/Stucco inspection made by and between Building Inspections LLC (hereinafter referred to as "COMPANY") and _ (hereinafter referred to as "CLIENT"). By signing below, Client acknowledges that he/she has read this agreement and understands its terms and conditions. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. COMPANY agrees to conduct an inspection for the sole purpose of informing the CLIENT of significant deficiencies in the condition of the property, subject to the limitations and conditions set forth below. The inspection will be performed in accordance with Industry Standards for EIFS cladding inspection to include but not limited to EDI (Exterior Design Institute) and Moisture Warranty Corporation standards for EIFS inspections. The written report shall be limited to the following:
· Moisture readings taken under accessible windows and diverter flashing locations if needed
· Visual inspection of Sealants
· Visual inspection of EIFS surfaces, where accessible
· Exterior EIFS/ surfaces only, not to include interior wall cavities since they are not visible
· A determination of the kind of application installed on this home, providing there is sufficient visible elements of the stucco at the time of the inspection. Conducting a coring of the exterior to determine the actual installation conditions is outside the scope and is considered an invasive inspection.
2. The CLIENT acknowledges and agrees that the inspection performed by COMPANY is not a technically exhaustive inspection and is subject to the limitations set forth below:
· It is understood and agreed that this inspection will only be of readily accessible areas of the building exterior and is limited to visual observations of apparent conditions existing at the time of the inspection. The inspector is not required to move personal items, debris, furniture or similar items which may impede access or limit visibility.
· Latent and concealed defects and deficiencies are excluded from the inspection.
· Maintenance and other items may be discussed, but they are not a part of the inspection. The report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.
· The inspection will be limited to the dwelling and attached garages and carports unless otherwise agreed to in writing by the parties.
In addition to the limitations set forth above, the COMPANY is not required to determine:
· the cause or reason of any condition; the cause for the need of repair or replacement of any system or component;
· future conditions;
· the presence of flora or evidence of rodents, animals or insects;
· the presence of mold, mildew, fungus or air-borne hazards;
· the air quality;
3. The inspection and report performed and prepared pursuant to this agreement are for the sole, confidential and exclusive use and possession of the CLIENT. If not prohibited by state law and if not prohibited by the client, the report will be given to the client’s realtor to facilitate the sales process. Neither the report nor any representations made herein are assignable or transferable without the express written permission of COMPANY. The CLIENT agrees to indemnify and hold harmless the COMPANY for all costs, expenses and legal fees incurred and arising out of any legal proceedings brought by any third party who claims to have suffered damages as a result of reliance upon the representations made in the inspection report prepared pursuant to this agreement.
4. LIMITATION OF LIABILITY
COMPANY 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 COMPANY, 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 COMPANY’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 COMPANY, 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 COMPANY and CLIENT, and (iii) to enable the COMPANY to perform the inspection at the stated fee.
5. EXCLUSION OF WARRANTIES
COMPANY'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.
6. MEDIATION AND ARBITRATION
Any dispute concerning the interpretation of this Pre-Inspection Agreement or arising from services and information provided, except for fee payment, shall be resolved in good faith by first attending mediation at a mediator agreed to by the parties. If all parties cannot agree on a mutually satisfactory resolution than all parties agree to settle any remaining disputes by binding arbitration conducted in accordance with the rules of the American Arbitration Association, except that the parties shall select an Einterpretation of this agreement or arising from any services and/or information provided, including fee payment, shall be recoverable by the prevailing party. Such costs and fees include, but are not limited to, arbitration, discovery, consultants, expert witnesses and attorneys.
If any portion of this agreement is deemed to be unenforceable, the remainder of the agreement shall remain in full force and effect.
8. WEATHER REALTED LIMITATION:
The client understands and acknowledges that this inspection is dependent on the weather. We use moisture meters on the exterior of the home and rain, wet conditions and ice and snow can affect the accuracy of the readings. Therefore, in the opinion of the inspector, should weather conditions exist that may affect the inspection, this inspection, at the discretion of the inspector, may have to reschedule. This is not to be considered a breach of contract. The client does have the option not reschedule and if that occurs, both parties are agree to be released from this agreement with no penalty.
CUSTOMER ACKNOWLEDGES THAT THIS IS A LEGALLY BINDING CONTRACT AND STATES THAT HE, SHE OR THEY HAS CAREFULLY READ THE ENTIRE AGREEMENT AND FULLY UNDERSTANDS ALL TERMS AND CONDITIONS THEREIN AND HAS FREELY EXECUTED THIS AGREEMENT WITHOUT ANY PRESSURE FROM ANY OTHER PERSON TO DO SO, AND WITHOUT ANY UNDUE TIME CONSTRAINTS. CUSTOMER AGREES TO BE BOUND BY ALL TERMS AND PROVISIONS OF THIS AGREEMENT, AND CONFIRMS THAT THERE ARE NO OTHER WRITTEN OR VERBAL AGREEMENTS BETWEEN THE CUSTOMER AND AA HOME INSPECTION LLC.
Acceptance and understanding of this agreement are hereby acknowledge, on line, and gives the Company permission to conduct the inspection