Service Agreement

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RESIDENTIAL INSPECTION AGREEMENT

THIS AGREEMENT made this ___ day of _____________, 20____, by and between Evergreen Pro Services, LLC (hereinafter “INSPECTOR”) and the undersigned ___________________________________(“CLIENT”), collectively referred to herein as “the parties.”  The address of the residential property is: ____________________________________________________________.

A. INSPECTION AGREEMENT

The Parties understand and voluntarily agree as follows:

  1. DEFINITION – INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written 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. INSPECTION SERVICES FEE – The fee for the inspection is $_________________ and shall be paid in full upon conclusion of the Home Inspection and delivery of the Home Inspection Report (Final Product of Home Inspection).
  3. STANDARDS OF PRACTICE – Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at https://www.nachi.org/sop.htm and included in the Appendix to this agreement. Although INSPECTOR agrees to follow InterNACHI’s Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that InterNACHI is not a party to this Agreement and 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 a 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.
  4. IMPLIED WARRANTIES – The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. 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.
  5. REPAIR COSTS – 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 claims or damages, costs of defense or suit, attorney’s fees and expenses 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. 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.
  6. ENGINEERING & DESIGN – 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.
  7. CLAIM NOTICE – 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.
  8. LIMITATION PERIOD – Any legal action arising out of this Agreement or its subject matter must be commenced within one year from the date of the Inspection or it shall be forever barred. The CLIENT understands that this limitation period may be shorter than the statute of limitations that would otherwise apply.
  9. LITIGATION – 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 (Marion County, IN). 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. 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. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury.
  10. ENTIRE AGREEMENT – If any court declares any provision of this Agreement invalid, 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 shall be enforceable against any party unless it 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.
  11. PAYMENT – Payment of the fee to INSPECTOR (less any deposit noted below) 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.
  12. RE-INSPECTION – If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.
  13. EXCLUSIVITY – The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the INSPECTION COMPANY has no obligation or duty to any other party. INSPECTION COMPANY accepts no responsibility for use by third parties. There are no third party beneficiaries to this agreement. This Agreement is not transferable or assignable. Notwithstanding the foregoing, the CLIENT understands that the INSPECTION COMPANY may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern.
  14. INTERPRETATION – Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.
  15. SEVERABILITY – If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect.

B. GENERAL RELEASE

I, the undersigned, release Evergreen Pro Services, LLC, the INSPCTOR, from any liability for any claims I may have (or may later discover) against you arising out of this Home Inspection.

  1. This release contains the entire agreement between us on this matter.  There are no other terms or promises In return for this release, you have paid me $___________.   I understand this will be the sole consideration for this release.
  2. I understand that your agreement to pay me in return for this release is not an admission of fault and is a compromise of a disputed claim.
  3. This release applies to your subsidiaries and their respective principals, affiliates, related entities, shareholders, officers, directors, agents, employees and their respective heirs, executors, administrators, successors, and assigns.  I release them all.
  4. I sign this release on behalf of myself and all others with an interest in the property and/or the claims, and I represent that I am authorized to do so. This document shall be binding on my heirs, successors, and assigns.
  5. The terms of this settlement are confidential. Neither party may disclose the terms of this settlement, except pursuant to a subpoena or as required by law. The parties agree not to disparage each other in any way, in any form. I will make no public statements of any kind pertaining to the inspector or the inspection, except pursuant to a subpoena or as required by law.  I will remove any comments I have posted about the inspection or the inspector from any online website, and refrain from ever making any such comments that are not set forth in this release.
  6. If I bring an action in violation of this release and do not prevail, or if I breach the terms of paragraph 5, I agree to pay your reasonable attorney’s fees and costs incurred in any related legal action.

C. HOLD HARMLESS

  1. 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 claimed by reasons 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.

 

D. BUY BACK PROGRAM

    1. CLIENT understands that under the “We’ll Buy Your Home Back” program, InterNACHI purchases the home, not the INSPECTOR. INSPECTOR’s role is limited to his/her participation in the “We’ll Buy Your Home Back” program, but InterNACHI purchases the home. CLIENT understands INSPECTOR has no obligation to purchase the home under the “We’ll Buy Your Home Back” program, and CLIENT’s sole remedy for any failure to purchase the home is against InterNACHI.

      INITIALS (OPT-IN) ______

E. PORCH.COM GOLD ASSISTANT PROGRAM

  1. CLIENT understands that under the “We’ll Buy Your Home Back” program, InterNACHI purchases the home, not the INSPECTOR. INSPECTOR’s role is limited to his/her participation in the “We’ll Buy Your Home Back” program, but InterNACHI purchases the home. CLIENT understands INSPECTOR has no obligation to purchase the home under the “We’ll Buy Your Home Back” program, and CLIENT’s sole remedy for any failure to purchase the home is against InterNACHI.

INITIALS (OPT-IN) ______

F. ANNUAL RE-INSPECTION COST

  1. Inspector and Client agree that Inspector shall perform an inspection of the property during the month of the one-year anniversary of the inspection in each year following the initial inspection. The fee for the inspection shall be $_________. The annual inspections will be governed by the same terms and provisions set forth in this Agreement. Client may terminate this Annual Renewal Inspection Agreement at any time by written or email notice to Inspector, but in that event, Inspector cannot commit to perform future inspections for the agreed-upon fee.

INITIALS (OPT-IN) ______

G. MOLD INSPECTIONS QUALIFIED

  1. PURPOSE – The purpose of the inspection is to attempt to detect the presence of mold by performing a visual inspection of the property and collecting samples to be analyzed by a laboratory.
  2. SCOPE – The scope of the inspection is limited to the readily accessible areas of the property and is based on the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected. Mold can exist in inaccessible areas such as behind walls and under carpeting. Furthermore, mold grows. As such, the report is not a guarantee that mold does or does not exist. The report is only indicative of the presence or absence of mold. As a courtesy the INSPECTION COMPANY may point out conditions that contribute to mold growth but such comments are not part of the bargained for report.
  3. REPORT – The CLIENT will be provided with a written report of the INSPECTION COMPANY’s visual observations and copies of the results of the laboratory analysis of the samples collected. The INSPECTION COMPANY is not able to determine the extent or type of microbial contamination from visual observations alone. The report will be issued only after the laboratory analysis is completed. The report is not intended to comply with any legal obligations to disclosure.

LIMITATION OF LIABILITY – It is understood the INSPECTION COMPANY and the laboratory are not insurers and that the inspection, laboratory analysis and report shall not be construed as a guarantee or warranty of any kind. The CLIENT agrees to hold the INSPECTION COMPANY and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection.

H. RADON INSPECTIONS QUALIFIED

    1. METHOD OF MEASUREMENT – INSPECTOR agrees to perform a radon inspection of the home/building to measure the radon level in the air by the use of an approved short-term charcoal collection device, will require a minimum of 48 hours but may take longer. INSPECTOR shall deliver the testing device to a recognized laboratory and, upon availability of these independent results, provide CLIENT with a written radon inspection report identifying the results of such analysis.
    2. DISCLOSURE – Radon is a colorless, odorless radioactive gas that may be harmful to humans. The amount of radon in the air is measured in picocuries of radon gas per liter of air, or “pCi/L.” While any radon exposure creates some risk to health, a level of 4 pCi/L or higher is generally considered dangerous by the EPA, which recommends that remedial measures be taken to reduce or eliminate radon from the home/building.
    3. LIMITS OF REPORT – Under this Agreement, INSPECTOR shall only report the results of the radon analysis to CLIENT and INSPECTOR shall in no way be responsible to correct or mitigate radon in the home/building. As a courtesy, INSPECTOR may offer comments related to methods for the mitigation of radon in the home/building, but these comments will not create any obligation of INSPECTOR to develop any mitigation plan or perform the implementation of such plan. Whether or not the presence of radon in the home/building is detected, CLIENT shall be responsible to pay for the bargained-for radon inspection report. The report is only supplementary to the seller’s disclosure.
    4. INDUSTRY STANDARDS – Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the radon inspection in accordance with current industry standards. 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 mold in conjunction with this radon inspection.
    5. INTERPRETATION OF RADON REPORTING – The radon 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 radon inspection of the home/building 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.
    6. INDEMNIFICATION – INSPECTOR assumes no liability for inaccurate data furnished by the outside radon testing laboratory referred to herein. CLIENT agrees to abide by certain instructions provided by INSPECTOR for the proper testing, detection and analysis of radon gas levels in the home/building, and INSPECTOR shall not be liable for any negligence or other interference in this regard by CLIENT or his invitees during the testing period. INSPECTOR shall not be responsible for the cost of developing or implementing a radon mitigation plan, and further shall not be liable for detection of deficiencies, whether patent or latent, not otherwise part of an independent home inspection contract with INSPECTOR, merely as a result of INSPECTOR’S presence at the home/building. 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.

INSPECTION AGREEMENT

SIGNATURE PAGE

 

 

Evergreen Pro Services LLCClient

Print Name Below

 

Print Name Below

Michael R Bouchey – CPI

 

 

Signature and Date Below

 

Signature and Date Below

 

 

 

Date:

 

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