MODERN VALLEY BUILDING INSPECTION
"Discovering the past, protecting your future"
PRE-INSPECTION AND PAYMENT AGREEMENT
The address of the property is: __________________________________________________
Fee for the home/building inspection and agreed to additional services is $___________. A complete list of services agreed to may be found on the official invoice/receipt.
THIS AGREEMENT made on ____/____/______ by and between Modern Valley Building Inspection LLC (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 that will be written in conformance with the standards of practice for home/building inspectors in the State of Washington (http://app.leg.wa.gov/WAC/default.aspx?cite=308-408C). The report is only supplementary to the seller’s disclosure and should not be considered a replacement for that document.
2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the standards of practice established by the State of Washington, those standards may be found at http://app.leg.wa.gov/WAC/default.aspx?cite=308-408C. CLIENT understands and agrees by signing 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 whether 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. INSPECTOR does not perform calculations or offer evaluations on subjects rightfully the province of engineers, architects, plumbers, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place
6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of adverse conditions covered in the standards of practice for the state where the inspection was performed (found at http://app.leg.wa.gov/WAC/default.aspx?cite=308-408C) within 14 days of discovery, and (2) Access to the premises within 72 hours of INSPECTOR receipt of written notice. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.
7. 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.
8. If any court having jurisdiction declares any provision of this Agreement invalid or unenforceable, that/those provisions will be considered severable, and the remaining provisions of the contract 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 month from the date of the closing on report subject property.
9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon commencement 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. The person signing makes this guaranty regardless of legal considerations related to CLIENT being an LLC or other structure designed to shield individuals from legal/financial responsibilities.
10. HOLD HARMLESS AGREEMENT: 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 claims by reason 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.
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
ON BEHALF OF MODERN VALLEY BUILDING INSPECTION, LLC
CLIENT OR AUTHORIZED REPRESENTATIVE