1. You will pay us for our inspection.
2. Home Inspection Report: The CLIENT and the INSPECTOR agree that the INSPECTOR will prepare a home inspection report that shall report in writing, as required by IC 25-20.2-2-7: (a) on those systems and components inspected that, in the professional opinion of the INSPECTOR, are significantly deficient or are near the end of their service lives; (b) a reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life; (c) the INSPECTOR'S recommendations to correct or monitor the reported deficiency; and (d) on any systems and components designated for inspection in the Standards that were present at the time of the inspection but were not inspected and a reason they were not inspected.
3. LIQUIDATED DAMAGES & LIMITATION OF LIABILITY: 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 and/or employees, for any claims against the INSPECTOR, including claims for, but not limited to, breach of contract, negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Agreement or arising out of, from or related to the inspection or the home inspection report, shall be limited to liquidated damages in an amount of 3 times 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 any portion of the Inspected Property. 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. The CLIENT understands that he/she/they is/are free to consult with another professional if the CLIENT does not agree to this provision.
4. Unless otherwise noted in this Agreement or it is not possible, we will perform the inspection in accordance with the current Standards of Practice of the State of Indiana. You understand that these standards contain limitations, exceptions, and exclusions.
5. Unless otherwise indicated in writing, we will not test/inspect for the presences of and conditions which are not within the scope of the building inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, other environmental hazards; pest infestation; security and fire protection systems; household appliances; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational equipment or facilities; underground storage tanks, septic systems, sewage disposal, water supply, fuel storage, energy efficiency measurements; concealed or private secured systems; water wells; heating systems accessories; solar heating systems; sprinkler systems; water softener; central vacuum systems, telephone, intercom or cable tv systems; antennae, lightning arrestors, trees or plants; governing codes, ordinances, statutes and covenants and manufacturer specifications. Client understands that these systems, items and conditions are excluded from this inspection. Any general NOTES about these systems, items and conditions of the written report are informal only and DO NOT represent an inspection. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, you understand that such structures have unique characteristics that may make it impossible for us to inspect and evaluate them. Therefore, the scope of our inspection will not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
6. No Liability for Third-Party Reliance on Inspection Report: The inspection and home inspection report are for the use of CLIENT only. INSPECTOR may also provide a copy of the home inspection report to the CLIENT'S real estate agent or attorney. INSPECTOR has permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties only with written consent of CLIENT. CLIENT shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation of the content of the report by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR from any liability whatsoever.
7. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
8. IF YOU BELIEVE YOU HAVE A CLAIM AGAINST US, YOU AGREE TO PROVIDE US WITH THE FOLLOWING: (1) WRITTEN NOTIFICATION OF ADVERSE CONDITIONS WITHIN 7 DAYS AND (2) ACCESS TO THE PREMISES WITHIN 72 HOURS OF NOTIFICATION TO COME TO THE INSPECTED PROPERTY TO OBSERVE, PHOTOGRAPH, INSPECT AND EVALUATE ANY CONDITION COMPLAINED OF BY THE CLIENT TO THE INSPECTOR AND NOT TO MAKE, OR ALLOW OTHERS TO MAKE, ANY ALTERATION TO THE CLAIMED CONDITION UNTIL THE INSPECTOR HAS HAD THE OPPORTUNITY TO INSPECT AND EVALUATE THE CLAIMED CONDITION.
9. 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 claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
10. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms or promises other than those set forth herein. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers.
11. LIMITATION ON TIME TO INITIATE ANY LEGAL ACTION: Any legal action, dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Agreement or arising out of, from or related to the inspection or the home inspection report must be initiated within one (1) year from the date of the delivery of the home inspection report to the CLIENT, regardless of when the CLIENT first discovers the facts supporting such possible claims as identified herein. Failure to initiate said action within one (1) year of the date of services shall be a complete bar to any such action a full and complete waiver of any rights, actions or causes of actions that may have arisen thereon. This period may be shorter than otherwise provided by state law.
12. Payment of the inspection fee is due when we complete the inspection. You agree to pay all costs and attorney's fees incurred in collecting the fee owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.
13. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
14. You may not assign this Agreement.
15. If a court finds any term of this Agreement ambiguous or that it otherwise requires judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this Agreement.
16. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.
17. HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all 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, his employees, visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home.
18. Acceptance of Terms: CLIENT agrees that he/she/I/they have read, understand, and agree to all the terms and conditions on all pages of this Agreement, including the limitations and exclusions, and agree(s) to pay the fee shown according to the terms stated herein. The CLIENT can consult with legal counsel, or any other person or entity, before signing this Agreement. CLIENT acknowledges that if CLIENT does not agree with any of the terms of this Agreement, CLIENT has the option to retain another inspection company.
Client has been informed of all testing/inspections as well as all limitations of each inspection that can be performed and has agreed not to have other inspections/testing done to the home except what is listed on the receipt page of this report.