COMMERCIAL INSPECTION AGREEMENT
BETWEEN INSPECTOR AND CLIENT
This is an Agreement between you, the undersigned Client, and us, the Inspector, pertaining to our inspection of the building at:
__________________________________________________________________________________________.
The
terms
below
govern
this
Agreement.
1. The fee for our inspection is $__________, payable [in full / in part at $ _______________] at a time [before / after] the appointment.
2.
We
will
perform
a
visual
inspection
of
the
building
and
provide
you
with
a
written
report
identifying
the
defects
that
we
(1)
observed
and
(2)
deemed material. The report is only supplementary to the seller’s disclosure.
3.
Unless
otherwise
noted
in
this
Agreement
or
not
possible,
we
will
perform
the
inspection
in
accordance
with
the
current
International
Standards
of
Practice
for
Inspecting
Commercial
Properties
(ComSOP)
of
the
International
Association
of
Certified
Home
Inspectors
(InterNACHI)
and
the
Certified
Commercial
Property
Inspectors
Association
(CCPIA).
If
your
jurisdiction
has
adopted
mandatory
standards
that
differ
from
InterNACHI-
CCPIA’s
ComSOP,
we
will
perform
the
inspection
in
accordance
with
your
jurisdiction’s
standards.
You
understand
that
InterNACHI-CCPIA’s
ComSOP
contains
limitations,
exceptions,
and
exclusions.
You
understand
that
neither
InterNACHI
nor
CCPIA
is
a
party
to
this
Agreement,
has
no
control over us, and does not employ or supervise us.
4.
Unless
otherwise
indicated
in
writing,
we
will
not
test
for
the
presence
of
radon,
a
harmful
gas.
Unless
otherwise
indicated
in
writing,
we
will
not
test
for
mold.
Unless
otherwise
indicated
in
writing,
we
will
not
test
for
compliance
with
applicable
building
codes
or
for
the
presence
of
or
for
any
potential
dangers
arising
from
the
presence
of
asbestos,
lead
paint,
soil
contamination,
or
other
environmental
hazards
or
violations.
If
any
structure
you
want
us
to
inspect
is
a
log
structure
or
includes
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.
5.
Our
inspection
and
report
are
for
your
use
only.
You
must
give
us
permission
to
discuss
our
observations
with
real
estate
agents,
owners,
repair
persons,
or
other
interested
parties.
You
will
be
the
sole
owner
of
the
report
and
all
rights
to
it.
We
are
not
responsible
for
its
use
or
misinterpretation
by
third
parties,
and
third
parties
who
rely
on
it
in
any
way
do
so
at
their
own
risk
and
release
us
(including
employees
and
business
entities)
from
any
liability
whatsoever.
If
you
or
any
person
acting
on
your
behalf
provide
the
report
to
a
third
party
who
then
sues
you
and/or
us,
you
release
us
from
any
liability
and
agree
to
pay
our
costs
and
legal
fees
in
defending
any
action
naming
us.
Our
inspection
and
report
are
in
no
way
a
guarantee
or
warranty,
express
or
implied,
regarding
the
future
use,
operability,
habitability
or
suitability
of
the
building
or
its
components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.
6.
LIMITATION
ON
LIABILITY
AND
DAMAGES.
We
assume
no
liability
for
the
cost
of
repair
or
replacement
of
unreported
defects,
either
current
or
arising
in
the
future.
In
all
cases,
our
liability
is
limited
to
liquidated
damages
in
an
amount
not
greater
than
1.5
times
the
fee
you
paid
us.
You
waive
any
claim
for
consequential,
exemplary,
special
or
incidental
damages,
or
for
the
loss
of
the
use
of
the
building.
You
acknowledge
that
these
liquidated
damages
are
not
a
penalty,
but
that
we
intend
them
to:
(i)
reflect
the
fact
that
actual
damages
may
be
difficult
or
impractical
to
ascertain;
(ii)
allocate
risk
between
us;
and
(iii)
enable
us
to
perform
the
inspection
for
the
agreed-upon
fee.
If
you
wish
to
eliminate
this
liquidated
damages
provision, we are willing to perform the inspection for an increased fee of $_________, payable in advance.
7.
We
do
not
perform
engineering,
architectural,
plumbing,
or
any
other
job
function
requiring
an
occupational
license
in
the
jurisdiction
where
the
building
is
located.
If
we
hold
a
valid
occupational
license,
we
may
inform
you
of
this
and
you
may
hire
us
to
perform
additional
functions.
Any
agreement for such additional services shall be in a separate writing.
8.
If
you
believe
you
have
a
claim
against
us,
you
agree
to
provide
us
with
the
following:
(1)
written
notification
of
your
claim
within
seven
days
of
discovery,
in
sufficient
detail
and
with
sufficient
supporting
documents
that
we
can
evaluate
it;
and
(2)
immediate
access
to
the
premises.
Failure
to
comply with these conditions releases us from liability.
9.
You
agree
that
the
exclusive
venue
for
any
litigation
arising
out
of
this
Agreement
shall
be
in
the
county
where
we
have
our
principal
place
of
business.
If
you
fail
to
prove
any
claim
against
us,
you
agree
to
pay
all
our
legal
costs,
expenses
and
attorney’s
fees
incurred
in
defending
that
claim.
You
agree
that
the
exclusive
venue
for
any
legal
action
against
InterNACHI-CCPIA
or
Pro1
Certified
Inspections
itself,
allegedly
arising
out
of
this
Agreement
or
our
membership
in
InterNACHI-CCPIA,
will
be
in
Orange
County,
California.
Before
bringing
any
such
action,
you
must
provide
InterNACHI-CCPIA
with
30
days’
written
notice
of
the
nature
of
the
claim,
in
sufficient
detail
and
with
sufficient
supporting
documents
that
InterNACHI / Pro1 Certified Inspections can evaluate it. In any action against us or InterNACHI-CCPIA, you waive trial by jury.
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
other
than
those
set
forth
herein.
All
prior
discussions
are
merged
into
this
Agreement.
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.
This
Agreement
shall
be
binding
upon
and
enforceable
by
the
parties
and
their
heirs,
executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection.
11.
Past-due
fees
for
your
inspection
shall
accrue
interest
at
8%
per
year.
You
agree
to
pay
all
costs
and
attorney’s
fees
we
incur
in
collecting
the
fees
owed
to
us.
If
the
Client
is
a
corporation,
LLC,
or
similar
entity,
you
represent
that
the
entity
is
solvent
and
has
the
present
ability
and
intent
to
pay pursuant to this Agreement. The person signing for the entity personally guarantees payment of all fees owed to us.
12. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
13. You may not assign this Agreement.
14.
If
a
court
finds
any
term
of
this
Agreement
ambiguous
or
requiring
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.
15. 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.
16. If you would like a large-print version of this Agreement before signing it, you may request one by emailing us.
We
contract
with
a
third
party
to
store
certain
information
online,
such
as
our
inspection
reports,
and
the
identity
of
our
clients.
In
signing
our
Agreement,
you
give
us
permission
to
do
so.
We
will
not
sell
your
personally
identifying
information.
It
is
the
duty
of
the
third
party
we
contract
with
to
keep
your
information
secure.
We
are
not
liable
for
any
misuse
of
that
information
or
their
failure
to
safeguard
it.
In
that
event,
your
sole
remedy
is against that third party.
I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT AND ACKNOWLEDGE RECEIVING A COPY OF IT.
___________________________________________________________
CLIENT (Date)
2019 Pro1 Certified Inspections LLC
c