THIS AGREEMENT made this ______ day of _____, 200____, by and between Done Right Home Inspections ( known as “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.”The Parties Understand and Voluntarily Agree as follows:
1. The address of the property that is the subject of this Agreement is: _______________________________________________________________.
The property has _____ well(s). CLIENT desires that INSPECTOR collect water samples from each well as set forth herein and have the sample(s)by a laboratory for certain biological and chemical contaminants. CLIENT will pay INSPECTOR $________ for INSPECTOR ’ sampling the well(s) water which includes analysis.
INSPECTOR acknowledges receiving payment $__________ from CLIENT.
2. INSPECTOR agrees to perform the sampling and provide CLIENT with a COPY of the results, chain of custody report and any information gleaned on site by the Inspector.
3. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to the laboratory analyzing the well sample for the following;
Chemicals / Bacteria / Lead Bacteria (Total Coliform, E Coli), Lead, Nitrate, Nitrite, Total Nitrate / Nitrite, PH, Iron, and Turbidity
CLIENT understands that well water may contain thousands of different biological and chemical contaminants, and that laboratory will test only for those contaminants specifically identified in this Agreement. CLIENT further understands that the results represent a “snapshot” of the presence of the specified contaminants the water sample(s) at the time the sample(s) is collected, and that results do not necessarily reflect the amount of that may be present in the future. CLIENT understands that results may vary from one well to another.
4. CLIENT understands that INSPECTOR will not be performing any other inspections or tests, except those specifically set forth herein.
5. CLIENT also understands that InterNACHI is not a party to this Agreement and that InterNACHI has no control over the laboratory, INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR.
6. The analysis are performed and the report prepared for the use of CLIENT, who Gives ___________ Does Not Give_______ ( no initals is by default Does Not Give) INSPECTOR permission to discuss observations and results with real estate agents, owners, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. INSPECTOR accepts no responsibility for laboratory errors and the report is in no way intended to give warranties, express or implied, regarding the quality of the well water and does not constitute a guaranty of suitability of the well water for any purpose now or in the future. 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.
7. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defence 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, analysis, and 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 voluntarily waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the property, 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 testing at the stated fee rather than at a higher fee that takes into account potential liability.
8. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of the claim conditions within 14 days of discovery, and (2) Access to the wells. Failure to comply with the above conditions will release INSPECTOR 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 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.
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 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.
11. Payment of the fee to INSPECTOR is due upon arrival at site to take samples. Completion of the
testing and submission of the report to CLIENT will await return of test samples from laboratory. INSPECTOR acknowledges that time is of the essence and agrees to refund 1/2 (one half) the water testing Fee if the report is not available for the Client within the normal lab return times, 10 (ten) business days from when sample is taken.12. 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.
CLIENT Signature _______________________