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Please read carefully and fill in the required information to continue with your purchase
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address for property to be inspected
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The address of the property to be inspected is
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Fee for the home inspection with online discount is $200.00
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MM/DD/
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THIS AGREEMENT made this
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2009
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By and between Maintenance Innovations (hereinafter “INSPECTOR”) and
the undersigned (hereinafter “CLIENT”), collectively referred to herein as “the
parties.”
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Please enter your full name
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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. The report is only supplementary to the seller’s
disclosure.
2. 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 posted at
http://www.nachi.org/sop.htm. 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 INSPECTOR. Unless otherwise indicated below, CLIENT understands that
INSPECTOR will NOT be testing for the presence of Radon – a colorless, odorless, radioactive gas that may be harmful to
humans. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. Unless
otherwise indicated in separate writing, CLIENT understands that INSPECTOR will not test 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.
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 to the fullest
extent allowed by law. If any structure or portion of any structure that is to be inspected pursuant to this Agreement, is a log
home, log structure or similar log construction, CLIENT understands that such structures have unique characteristics that
make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. 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 that are not visible by an exterior visual inspection.
4. 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 (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 engineering, architectural, plumbing, 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.
6. In the event of a claim against INSPECTOR, 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 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. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of
this Agreement or INSPECTOR’s relationship with InterNACHI must be brought only in the District Court of Boulder County,
Colorado. s
8. 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
assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion 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.
10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this
agreement.
11. This Agreement is not transferable or assignable. CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT,
AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
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Electronic signature
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please print this page
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Please enter your full name
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Please enter your current address
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Please place initials in box next to one of the following questions
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Yes, I have carefully read and accept the terms of
this agreement, and printed a copy for my records
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I do not accept the terms of this agreement
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Date of birth
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Please enter last four digits of social security number
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