This
INSPECTION AGREEMENT (hereinafter
“Agreement”) Report #____20090212-501__________
is entered into on this
the ___6_____ day of ____FEBRUARY________________________,
20_09_____between
Star Brite Home
Inspector ___ FRANK ADAME___________________________________(hereinafter
“Inspector”)
and ____ALBERTO
GUERRA___________________________________________________(hereinafter
“Client”).
The Property to be
inspected is (hereinafter “Property”):
____102 TILLIE LANE_________________________________________________________________________
____MISSION______________________________________________________,
Texas __78572_____________
Date of Inspection:
____FEBRUARY 12, 2009_____________________________ Time:___10:00________AM
Will Client Be Present
(Recommended): ___YES______________________________________________________
PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE SIGNING
I. Scope of
Inspection
A. The
parties agree that the “Standards of Practice” (the “Standards”)
shall define the standard of duty
and the conditions, limitations and exclusions of
the Inspection and are incorporated by reference herein. A
copy
of the Texas Real Estate Commission’s Standards can be found on
the internet at
www.trec.state.tx.us.
B.
In exchange for the Inspection
Fee paid by client, the Inspector agrees to provide the Client
with an
Inspection Report setting out the Inspector’s
professional opinions concerning the condition of the Property
further described in the report. The inspection
will be performed in accordance with the Standards of
Practice promulgated by the Texas Real Estate
Commission. Inspector will attempt to identify major
defects and problems with the Property.
However, Client acknowledges that the Inspection
Report may not identify all defects or problems.
C.
The inspection
is limited to those items which can be seen, easily accessed
and/or operated by the
Inspector at the time of the inspection as set in
the Inspection Report. Inspector will not remove wall,
floors, wall coverings, floor coverings and other
obstructions in order to inspect concealed items. Systems
and conditions which are not specifically
addressed in the Inspection Report are excluded.
II. Not within our scope of Inspection
A.
Systems, items and conditions which are not within the scope of
the building inspection include but are
not limited to: radon, formaldehyde, lead paint,
asbestos, toxic or flammable materials, molds, other
environmental hazards, pest infestation, security
and fire protection systems, household appliances,
humidifiers, wall and window treatments, interior
walls, ceilings and floors, recreational equipment.
B.
Underground storage tanks, energy efficiency measurements, water
wells, heating systems, accessories,
solar heating systems, sprinkler systems, water
softener, telephone, intercoms, cable tvs, antennae, lighting
arrestors, trees or plants, manufacture
specifications.
III. Inspection Report
A.
This Inspection Report will contain the Inspector’s
professional, good faith opinion concerning the need
for repair or replacement of certain observable
items. These opinions should not be construed as statements
of fact or factual representations concerning the
Property. This report will not include compliance with city
codes, insurability, efficiency or future
performance of any item inspected.
B. The
Inspection Report in not a substitute for seller disclosures or
real estate agents. Statements should
be read for any material facts that may effect the
desirability or market value of the Property.
C.
Further evaluation of certain items maybe needed by licensed
experts. By signing this agreement, the
Client understands that the services provided by
the Inspector fall within the Professional Services
Exemption of the Texas Deceptive Trade Practices
Act and agrees that no cause of action exists under this
Act related to the services provided.
IV. Disclaimer of Warranties
The Inspector makes no guaranty or warranty,
expressed or implied, as to any of the following:
1. That all defects have been found or that the
Inspector will pay for repair of undisclosed defects.
2. That any of the items inspected are designed
or constructed in a good and workmanlike manner.
3. That any of the items inspected will continue
to perform in the future as they are performing at the time
of the inspection.
4. That any of the items inspected are
merchantable or fit for any particular purpose.
V. Limitation on Liability
A.
It is agreed
by both parties that the Inspector is not an insurer, that the
Inspection Payment is based
solely on the value of the services provided for
inspection.
B.
It is not practicable to fix the actual damages, if any, which
may result from a failure to perform such
services. In case of failure to perform such services
and a resulting loss, Client’s damages herein shall be
fixed in an amount equal to the inspection fee paid.
VI. Dispute Resolution
A. In
the event that a dispute arises regarding an inspection, the
Client agrees to notify the Inspector within
10 days of the date the Client discovers the basis
for the dispute as to give the Inspector a reasonable
opportunity to reinspect the Property. Client
agrees to allow reinspection before any corrective action is
taken by the Client.
B.
Client agrees not to disturb or repair any evidence relating to
the complaint. Client further agrees that
the Inspector can conduct the reinspection himself
or employ others (at Inspector’s expense) to reinspect
the Property.
C. In
the event that a dispute cannot be resolved by the Client and
the Inspector, the parties agree that any
dispute shall be resolved by mandatory and binding
arbitration administered by the American Arbitration
Association (AAA) pursuant to Chapter 171 of the
Texas Civil Practice and Remedies Code and in
accordance with this arbitration agreement and the
commercial arbitration rules of the AAA.
VII. Attorney’s Fees
The Inspector and the
Client agree that in the event that any dispute or controversy
arises as a result of this
Agreement, and the services provided hereunder,
the prevailing party in the dispute shall be entitled to
recover all of the prevailing party’s reasonable
and necessary attorney’s fees and costs incurred by that
party.
VIII. Exclusivity
A.
The inspection and report are performed and prepared for the
sole and exclusive use and possession of
the Client. No other person or entity may rely on the
report issued pursuant to this Agreement.
B. In the
event that any person, not a party to this Agreement, makes any
claim against Inspector, it’s
employees or agents, arising from services performed by
this Inspector under this Agreement, the Client
agrees to indemnify, defend and hold harmless Inspector
from any and all damages, expenses, costs and
attorney’s fees arising from such claim.
IX. Discuss Report Findings __________
Client gives permission for the Inspector to discuss Report
findings with the following parties:
1. _none______________________________________________________________________.
2.
___________________________________________________________________________.
3.
___________________________________________________________________________.
One written report and one email will be sent to
this Client only. Client will forward Report to others.
BY MY SIGNATURE BELOW, ACKNOWLEDGES THAT I HAVE READ THIS
CONTRACT
AND THE ATTACHED DOCUMENTS, IF ANY; THAT I
UNDERSTAND THE TERMS AND
CONDITIONS AND THAT I AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS.
IF CLIENT IS MARRIED, CLIENT REPRESENTS THAT THIS
OBLIGATION IS A FAMILY
OBLIGATION INCURRED IN THE INTEREST OF THE FAMILY.
CLIENT
________________________________________________DATE_____________________
STAR BRITE INSPECTOR
_________________________________DATE _____________________
FRANK ADAME, PROFESSIONAL HOME INSPECTOR
TREC LICENSE # 10235
STAR BRITE HOME INSPECTIONS
10019 Harwich Drive, Dallas, TX 75229
1-866-893-6366
www.sbhinspections.com
frank@sbhinspections.com