This is an Agreement ("Agreement") between Done Right Home Inspections ("INSPECTION COMPANY") and the undersigned client ("CLIENT"), collectively referred to herein as the "PARTIES."
CLIENT agrees to employ INSPECTION COMPANY to perform mould testing as set forth herein.
1.Address:The address the property to be Tested:__________________________________________________
2.Fee: The fee for the Testing service is $ _________________ and is based on a single visit to the property. The Testing is not technically exhaustive. The fee charged for this Testing is substantially less than that of a technically exhaustive inspection.
3.Purpose: The purpose of the testing is to detect the presence of mould by performing a limited visual inspection of the property and collecting samples to be analyzed by a laboratory.
4.Scope: The scope of the Testing is limited to the readily accessible areas of the property identified by the inspector as being conducive to mould growth based on condition of the property at the precise time and date of the inspection and on the laboratory samples collected. Mould can exist in inaccessible areas such as behind walls and under carpeting. Mould grows and so the report cannot be a guarantee that mould does or does not exist. The report is only indicative of the presence or absence of mould. As a courtesy the INSPECTION COMPANY may point out conditions that contribute to mould growth but such comments are not part of the bargained for report.
5.Report: CLIENT will be provided with a written report of the INSPECTION COMPANY's visual observations and copies of the results of the 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. T he report is not intended to comply with any legal obligations to disclosure.
6.Exclusivity: The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the INSPECTION COMPANY no obligation or duty to any other party. The report is time sensitive in that conditions change from one day to the next INSPECTION COMPANY has 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 life safety or health concern.
7.Limitation of Liability: It is understood the INSPECTION COMPANY and the laboratory are not insurers and that the testing, 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 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, property, or for repairing or replacing, or liability for consequential damage arising out of or in connection with this inspection.
8.Limitations Period: 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: 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 INSPECTION COMPANY its principal place of business. If INSPECTION COMPANY is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorneys fees of the COMPANY defending said claims.
10.Severability: If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect.
11.Entire Agreement: This Agreement represents the entire agreement between the PARTIES for
Limited Mould Testing. No statement or promise made by the INSPECTION COMPANY or its respective officers, agents or employees shall be binding.CLIENT has carefully read the foregoing, understands it, and voluntarily agrees to it.
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CLIENT(Date)