PRE INSPECTION AGREEMENT
THIS AGREEMENT made prior to the inspection between Bolender Inspection Co. (hereinafter “BIC”) and the undersigned (hereinafter “Client”), collectively referred to herein as “the parties.”. The Parties Understand and Voluntarily Agree as follows:
1. Client is subject to the UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY below. The inspection and report will be performed in accordance with the Standards of Practice promulgated by the State of Florida and prepared for the sole, confidential and exclusive use and possession of the Client, unless specific permission is given below. BIC accepts no responsibility for use or misinterpretation by third parties.
2. It is understood and agreed that this inspection will be of readily accessible areas of the building and is limited to visual observations of apparent conditions existing at the time of the inspection only. Latent and concealed defects and deficiencies are excluded from the inspection; equipment, items and systems will not be dismantled.
3. Maintenance and other items may be discussed, but they are not a part of our inspection. The report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.
4. The inspection and report do not address and are not intended to address the possible presence of or danger from any potentially harmful substances and environmental hazards including but not limited to radon gas, lead
based paint, asbestos, pesticides, treated lumber, fungus, mercury, carbon monoxide, toxic or flammable chemicals and water and airborne hazards. Also excluded are inspections of and report on water supply, wells, sewage, security systems, central vacuum systems, water softeners, fire and safety equipment, fuel storage or delivery cosmetic damage, underground items, items not permanently installed and the presence or absence of rodents, termites and other insects.
UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY
5. It is understood and agreed that BIC is not an insurer and that the inspection and report are not intended or to be construed as a guarantee or warranty of the adequacy, performance or condition of any structure, item or system at the property address, the market value, advisability or inadvisability to purchase property, nor dose it constitute a guarantee or warranty of merchantability or fitness for a particular purpose, expressed or implied, or insurance policy, and it is not a substitute for real estate transfer disclosures which may be required by law. The Client hereby releases and exempts Thomas E. Bolender and BIC and its agents and employees of and from all liability and responsibility for the cost of repairing or replacing any unreported defect or deficiency and for any consequential damage, property damage or personal injury of any nature.
6. CLIENT acknowledges that the liability of Thomas E. Bolender, BIC, 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 BIC’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 BIC, 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 BIC and CLIENT;
and (III) to enable the BIC to perform the inspection at the stated fee.
7. BIC does not perform engineering, architectural, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing.
8. In the event of a claim against Thomas E. Bolender and or BIC. CLIENT agrees to supply BIC with the following: (1) Written notification of adverse conditions within 10 days of discovery, and (2) Access to the premises. Failure to
comply with the above conditions will release BIC and its agents from any and all obligations or liability of any kind.
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 BIC has its principal place of business. In the event that CLIENT fails to prove any adverse claims against BIC in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of BIC in defending said claims. Any third parties who rely on the report in any way also agree to all provisions in this Agreement.
10. 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 BIC or its agents shall be binding unless reduced to writing and signed by BIC. 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 BIC after one year from the date of the inspection.
11. The Inspection fee is due at the time of the inspection unless other arrangements are made in advance. The report will be delivered within 24 business hours after completion of visual inspection.