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HomeMy WebLinkAboutC19-353 Rocky Mountain Property Inspections INSPECTOR INITIALS ________ Page 1 of 5 CLIENT*INITIALS*________ P.O. Box 4061  Eagle, CO 81631-4061 (970) 445-3204 Info@RockyMountainPropertyInspections.com Rocky Mountain Property Inspections, LLC Property Inspection Agreement The address of the property is: 5348 Brush Creek Rd., Eagle, CO 81631 (specific structures on property as itemized below). The total fees for all Inspections, Testing and Sampling purchased/ordered today (as itemized below) is $1,040.00. THIS AGREEMENT is made by and between Rocky Mountain Property Inspections, LLC (hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties,” on ________________________ (date). For good and valuable consideration, the receipt and sufficiency of is hereby acknowledged, the parties understand and voluntarily agree as follows: 1. INSPECTOR agrees to perform a non-invasive, visual examination of the accessible areas of the home/building and to provide CLIENT with a written report identifying defects within specific systems and components that are both observed and deemed material by the INSPECTOR. This general home inspection is based on the observations made on the date of the inspection, and is not a prediction of future condition. This general home inspection will NOT reveal every issue that exists or ever could exist, but only those material defects observed on the date of the inspection. The inspection is not a technically exhaustive inspection and it is not an engineering study. INSPECTOR may offer remediation or other comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the Seller’s Property Disclosure and buyer’s knowledge about the property. 2. Unless otherwise inconsistent with this Agreement or not reasonably possible, INSPECTOR agrees to substantially perform the inspection in accordance with the current Residential Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at http://www.nachi.org/sop.htm., regardless of designation, classification, type, or description of the property such as commercial, multi- family, condominium etc. Commercial standards will not be used. Although INSPECTOR agrees to substantially follow InterNACHI’s Residential Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. Unless otherwise agreed to in writing, CLIENT understands that INSPECTOR will NOT be testing for or identifying: (1) the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans, (2) compliance with applicable federal, state or local building codes or regulations, (3) the presence of, or potential dangers arising from asbestos, lead paint, formaldehyde, microbial organisms, molds, spores, bacteria, soil contamination, and any other environmental hazards or violations, (4) cosmetic, non-material deficiencies including but not limited to items such as damaged carpet, scratched woodwork, or sloppy painting. No evaluation or inspection will be made on piping outside the foundation, natural, propane or any other gas piping, fittings, valves, components or regulators, out-buildings not recorded in the report, rodents, termites or general pests of any kind. These exclusions may differ with the InterNACHI Residential Standards of Practice. Any comments, written or verbal, by INSPECTOR regarding any of the items in this paragraph §2 are as a courtesy only and should not be relied upon in any way by CLIENT without first obtaining verification from a qualified professional contractor. All services provided under this agreement shall be limited to the current capabilities of equipment actually used by INSPECTOR and INSPECTORS knowledge and ability to use such equipment at the time of inspection. CLIENT understands that the equipment used by INSPECTOR is at INSPECTORS sole discretion and INSPECTOR is not obligated to use any specific piece of equipment. INSPECTORS use of any piece of equipment to inspect a particular system or component does not obligate him/her to use that equipment to inspect other systems or components. 3. The inspection and report are for the CLIENTS use only. CLIENT gives INSPECTOR permission to release a copy of the Inspection Report to CLIENTS Real Estate Agent and to discuss observations with real estate agents, owners, repairpersons, and other interested parties. No other party besides the CLIENT is entitled to rely on the inspection report. INSPECTOR accepts no responsibility for use or misinterpretation by third parties and CLIENT agrees to defend and hold harmless INSPECTOR against all such claims. The inspection report will not contain specific information and/or details required or necessary for construction. The inspection report shall NOT be used for either construction on the property or any kind of bidding related to the property. CLIENT should seek the advice of a qualified professional when remediating any deficiency or similar items noted in the inspection report. CLIENT assumes all liability for all uses of the inspection report. 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 by an exterior visual inspection. Therefore, the scope of the inspection to be performed for any such structure pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects. 4. CLIENT shall be responsible for making the property accessible to INSPECTOR at the agreed upon time of inspection. Prior to the inspection, CLIENT shall disclose to INSPECTOR any dangerous or potentially dangerous situation(s) related to the property. 5. CLIENT agrees to thoroughly and carefully read the entire inspection report, including, but not limited to, any item not marked as satisfactory, suggestions to seek further evaluation of any system or component made in the report and any item or any areas that are not included in the report prior to purchasing or leasing the property, and if applicable, prior to the expiration of any inspection periods that the CLIENT may be subject to. Any items, systems or components not listed in the report were not located or inspected. DocuSign Envelope ID: 8286378A-7508-41C3-BCBC-E63830DC36B7 10/17/2019 INSPECTOR*INITIALS*________ Page 2 of 5 CLIENT*INITIALS*________ P.O. Box 4061  Eagle, CO 81631-4061 (970) 445-3204 Info@RockyMountainPropertyInspections.com 6. INSPECTOR does not warrant, guarantee or imply that every component of the property will be inspected, or that every defect will be discovered. There is no express or implied warranty of any kind regarding the condition of the property or any of the items or systems contained therein, or as to the future performance or expected lifespan of any of the items or systems contained therein, whether or not mentioned in the Property Inspection Report. This is a limited inspection only, and this Agreement, the Property Inspection and the Property Inspection Report do not constitute a general warranty, an insurance policy, a certification or a guarantee of any kind. CLIENT agrees that the total liability of the inspector for any and all damages whatsoever arising out of or in any way related to this Agreement shall not exceed the fee(s) paid to the INSPECTOR hereunder and this liability shall be exclusive. The parties acknowledge that this limitation on 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 rather than at a significantly higher fee that takes into account potential liability. In the event the inspection fee, in whole or in part, is refunded by INSPECTOR, such refund shall be full and final settlement for any and all past, present or future claims and causes of action, and INSPECTOR shall thereby be generally and fully released. CLIENT understands and agrees that the terms and conditions in this paragraph §6 are a material inducement for INSPECTOR to enter into this agreement with CLIENT. 7. 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 property inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic property inspection. Any agreement for such additional inspections shall be in a separate writing. 8. Any claim arising out of or related to any act or omission of the INSPECTOR in connection with the inspection of the property shall be made in writing and reported to the INSPECTOR within fourteen (14) days of discovery and to allow INSPECTOR and/or his agents ample opportunity to re-inspect the issue giving rise to the claim before undertaking any repairs, except those reasonably necessary to prevent further damage. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be commenced within one (1) year of the date of the inspection, without regard to the date the breach is discovered. Any action not brought within that one (1) year time period shall be barred, without regard to any other limitations period set forth by law or statute. 9. Dispute Resolution; Binding Arbitration: Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be submitted for final and binding arbitration, as chosen by INSPECTOR: (a) under the rules and procedures of the American Arbitration Association, or (b) as conducted by Construction Dispute Resolution Services, or Resolute Systems, Inc. utilizing their respective rules and procedures. The decision of the Arbitrator appointed thereunder shall be final and binding and judgement on the Award may be entered in any court of competent jurisdiction. In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom. 10. 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. 11. Payment of the fee(s) to INSPECTOR is due at the time of inspection. INSPECTOR reserves the right to withhold delivery of the written inspection report if the inspection fee(s) is not paid. If INSPECTOR is required/requested to return to the property to evaluate an area that was inaccessible at the time of the initial inspection, or a mechanical system that was not operational at the time of the initial inspection, there will be an additional minimum charge of $125.00, dependent on the number of items that need to be inspected, which shall be due and payable prior to the re-inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees and collection agency fees, if any. 12. If a re-inspection is performed, the re-inspection is also subject to all the terms and conditions set forth in this agreement. If a Cosmetic “Blue Tape” Inspection, Radon Testing, Water Sampling, a One Hour Water Flow Test or any other ancillary service is performed within 90 days of the agreement date above, those inspections/tests/samplings, as applicable, shall also be subject to all the terms and conditions set forth in this agreement. 13. If CLIENT purchases, now or within 90 days, a Cosmetic “Blue Tape” Inspection, the following terms and conditions are added to this agreement: a. INSPECTOR agrees to perform a Cosmetic “Blue Tape” Inspection during the standard property inspection. The purpose of the Cosmetic “Blue Tape” Inspection is to identify readily apparent cosmetic deficiencies such as sloppy painting, scratched woodwork, uneven cabinet doors etc. INSPECTOR will identify, by use of blue tape or similar devices, cosmetic deficiencies, in the subjective opinion of INSPECTOR, by placing a sticker or piece of blue tape on or near the cosmetic deficiency for identification by CLIENT. b. CLIENT understands that the INSPECTOR will most likely NOT identify all cosmetic deficiencies as this kind of inspection is subjective in nature. INSPECTOR will do his/her best to identify cosmetic deficiencies as stated above but does NOT provide any warranty or guarantee of any kind regarding this Cosmetic “Blue Tape” Inspection. DocuSign Envelope ID: 8286378A-7508-41C3-BCBC-E63830DC36B7 INSPECTOR*INITIALS*________ Page 3 of 5 CLIENT*INITIALS*________ P.O. Box 4061  Eagle, CO 81631-4061 (970) 445-3204 Info@RockyMountainPropertyInspections.com c. CLIENT understands and agrees that the stickers, blue tape or similar marking devices should be removed by CLIENT no later than 10 days after the inspection or damage to the underlying surfaces may result. INSPECTOR does not assume or accept any liability for any damages caused by use of the chosen making device(s) regardless of the time they were in place before being removed. d. CLIENT desires for INSPECTOR to perform a Cosmetic “Blue Tape” Inspection under the terms contained in this section (13) (a-d) for the fee listed below. If purchased after the execution of this agreement, the fee shall be the negotiated fee in effect at the time of inspection. 14. 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. 15. If CLIENT purchases, now or within 90 days, Radon Testing, the following terms and conditions are added to this agreement: a. INSPECTOR agrees to perform radon testing of the home/building to measure the radon level in the air by the use of a short-term collection/measurement device(s). The radon testing will require a minimum of 48 hours but may take longer. INSPECTOR shall upload collected data from the testing devise(s) and provide CLIENT with a written radon testing report identifying the results of the collected data. b. Under this Agreement, INSPECTOR shall only report the results of the radon analysis to CLIENT and CLIENT’S Real Estate Agent and INSPECTOR shall in no way be responsible to correct or mitigate radon in the home/building or to develop or implement a radon mitigation plan. 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 and CLIENTS knowledge about radon in the property. c. CLIENT understands that INSPECTOR will NOT be testing for microbial organisms or any other environmental hazards or violations in conjunction with this radon testing. d. INSPECTOR assumes no liability for inaccurate data or for the testing equipment used by INSPECTOR. INSPECTOR will provide written and/or emailed instructions to the listing agent (if applicable) and/or the homeowner regarding proper testing conditions that must be maintained in order to ensure an accurate test and INSPECTOR shall not be liable for any negligence or other interference in this regard by anyone or anything including CLIENT, Realtors, homeowners, children or their invitees during the testing period. CLIENT understands that if radon testing is ordered after the property inspection has been booked that it is CLIENTS responsibility to ensure that the homeowner and/or listing agent is notified of the radon testing and that they must contact INSPECTOR to ensure they are complying with maintaining closed house conditions in order to ensure an accurate test. e. CLIENT desires for INSPECTOR to perform Radon Testing under the terms contained in this section (15) (a-e) for the fee listed below. If purchased after the execution of this agreement, the fee shall be the negotiated fee in effect at the time of inspection. 16. If CLIENT purchases, now or within 90 days, Water Sampling, the following terms and conditions are added to this agreement: a. CLIENT desires that INSPECTOR collect water samples from an interior fixture inside the property as set forth herein and have the sample(s) analyzed by a laboratory for certain biological and chemical contaminants. b. INSPECTOR agrees to perform the sampling and provide CLIENT and CLIENT’S Real Estate Agent with a copy of the laboratory's results. c. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to request the laboratory analyze the sample for the following: (pH Units) (Chlorine) (Sulfates) (Total Alkalinity) (Hardness) (Ammonia Nitrogen) (Coliform Bacteria) (certain Pathogenic Bacteria) (Total Iron) (Manganese) (Total Dissolved Solids) (Turbidity) (Phosphates T.PO4) (Nitrates T.NO3) (Hydrogen Sulfate H2S). CLIENT understands that water, especially well water, may contain thousands of different biological and chemical contaminants, and that the laboratory will only test for those contaminants specifically identified in this Agreement. CLIENT further understands that the results represent a “snapshot” of the water condition at the time the sample is collected, and that laboratory results do not necessarily reflect the amount of contaminants that may be present in the future. CLIENT understands that results may vary from one sample to another. The report is only supplementary to the seller’s disclosure and CLIENTS knowledge regarding water at the property. d. CLIENT understands that INSPECTOR will not be performing any other inspections or tests, except those specifically set forth herein. Any additional water tests purchased by CLIENT shall be subject to the same terms and conditions contained in this agreement. CLIENT shall be responsible for making the property and water accessible to INSPECTOR at the agreed upon time of sampling. e. INSPECTOR accepts no responsibility for laboratory errors or delays. INSPECTOR’S sampling and the laboratory report are in no way intended to be guarantees or warranties, express or implied, regarding the quality of the water and does not constitute a guaranty of suitability of the water for any purpose now or in the future. f. CLIENT desires for INSPECTOR to perform Water Sampling under the terms contained in this section (16) (a-f) for the fee listed below. If purchased after the execution of this agreement, the fee shall be the negotiated fee in effect at the time of sampling. 17. If CLIENT purchases, now or within 90 days, a One Hour Water Flow Test, the following terms and conditions are added to this agreement: a. CLIENT desires that INSPECTOR perform a One Hour Water Flow Test as set forth herein. b. INSPECTOR agrees to perform a One Hour Water Flow Test and provide CLIENT and CLIENT’S Real Estate Agent with a copy of the results. c. CLIENT understands that this test is NOT a true well yield test, recovery test, or draw-down test. Most occupants do not care what the underground well itself is capable of producing; they only care what the entire private well system produces at the fixtures. The One Hour Water Flow Test will show what the private well system produces at a fixture on the date and time of the test. The One Hour Flow Test will NOT guarantee that the well system will always produce enough water for the occupants of the property. CLIENT understands that this DocuSign Envelope ID: 8286378A-7508-41C3-BCBC-E63830DC36B7 INSPECTOR*INITIALS*________ Page 4 of 5 CLIENT*INITIALS*________ P.O. Box 4061  Eagle, CO 81631-4061 (970) 445-3204 Info@RockyMountainPropertyInspections.com end production is affected by the well, water pump, water tank, pump controls, supply piping, height of the building, strainers, the condition of the fixtures and other possible variables. The report is only supplementary to the seller’s disclosure and CLIENTS knowledge regarding the well and water at the property. d. CLIENT understands that INSPECTOR will not be performing any other inspections or tests, except those specifically set forth herein. CLIENT shall be responsible for making the property and water accessible to INSPECTOR at the agreed upon time of testing. Prior to the testing, CLIENT shall obtain the permission of the property owner to conduct a One Hour Flow Test which will include discharging water to the ground continually for a period of approximately 1 hour. e. CLIENT understands that INSPECTOR shall not be held liable for any damages caused to the property or well as a result of running water continuously for approximately one hour and CLIENT agrees to indemnify, defend and hold harmless INSPECTOR for any action brought against INSPECTOR regarding the One Hour Flow Test. f. The One Hour Flow Test and the report are in no way intended to be a guarantee or warranty, express or implied, regarding the condition, quality, quantity, yield, capability or recovery of the water or the well, and does not constitute a guaranty of suitability of the water or the well for any purpose now or in the future. g. CLIENT desires for INSPECTOR to perform a One Hour Water Flow Test under the terms contained in this section (17) (a-g) for the fee listed below. If purchased after the execution of this agreement, the fee shall be the negotiated fee in effect at the time of inspection. 18. CLIENT understands and agrees 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 that INSPECTOR has absolutely no obligation to purchase the home, and CLIENT’s sole remedy for any failure to purchase the home is against InterNACHI. See www.nachi.org/buy and www.nachi.org/buy-legal.htm to see if you qualify for the program and for program details, terms and conditions which may change from time to time. 19. CLIENT understands and agrees that the “90/120 Day Warranty”, “SewerGard”, “RecallChek”, “MoldSafe”, and “Platinum Roof Protection” programs/ plans are serviced and/or underwritten by Residential Warranty Services (RWS) and are purchased by INSPECTOR and provided as a courtesy to CLIENT as a part of CLIENTS paid and completed buyers full home inspection. Condo, townhome, commercial, seller, and other non-single-family-home buyer inspection types may qualify for different programs/ plans, or no programs/ plans at all. CLIENT’s sole remedy for any issues or claims under these programs/ plans is against RWS and specifically not against INSPECTOR. CLIENT agrees to the terms, scope and limitations of these programs/ plans as provided in the program/ plan literature and/or reports, which may change from time to time. INSPECTOR has absolutely no liability to CLIENT regarding these programs/ plans and is under no obligation to provide the programs/ plans to CLIENT or to report on all appliances in the property under the RecallChek program. It is CLIENTS responsibility to verify all model and serial numbers in the RecallChek report and INSPECTOR accepts no responsibility for any errors. Your inspector has an affiliation with Residential Warranty Services (RWS), a third party service provider, in order to offer you additional value-added services including a complimentary RecallChek to help determine if the inspected property has any potentially dangerous recalled appliances, as well as a complimentary Home Warranty (as applicable). By entering into this agreement you (a) authorize your inspector to provide your contact information (including telephone number) to RWS and/or its affiliate, (b) waive and release any restrictions that may prevent RWS and/or its affiliate from contacting you (including by telephone using automated dialing technology), and (c) authorize RWS and/or its affiliate to contact you regarding home services. 20. Scope of condominium, townhome, or other similar property types: CLIENT understands that INSPECTOR will inspect only the unit that is the subject of this agreement. The inspection will not include any inspection of common areas, spaces, or systems, or of any areas, spaces, or systems most likely maintained by an HOA. Examples can include roofs, common heating and water equipment, siding and other exterior components etc. INSPECTOR may offer verbal or written comments concerning his/her observations of common areas, spaces and systems as a courtesy and CLIENT agrees that any comments, or any lack of comments, shall not give rise to any claim against INSPECTOR. 21. Client will be charged, and agrees to pay, a cancellation fee of $50.00 for inspections, re-inspections, samplings or tests cancelled within 24 hours of the inspection/start time. If INSPECTOR is on-site or en-route when any of the above are cancelled then CLIENT agrees to pay INSPECTOR and hourly fee of $150.00 for the first hour, which will be the minimum charge, and $95.00 per hour or any portion thereof after the first hour. In the event of any cancellation, CLIENT understands and agrees that while CLIENT will be responsible for the cancellation fee as outlined above they will not be entitled to a written inspection/sampling/test report. By providing a credit/debit card number, either by phone, in person or in writing, CLIENT is authorizing their credit/debit card to be charged for all obligations and services performed under the terms of this agreement. 22. The parties acknowledge that each of them has had ample opportunity for their own counsel to participate in negotiating and drafting this Agreement. Therefore, no rule of construction shall apply to this Agreement that construes ambiguous or unclear language in favor of or against any party. 23. The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 24. This Agreement is not transferable or assignable by CLIENT without the written consent of INSPECTOR. CLIENT HAS CAREFULLY READ THE FOREGOING DOCUMENT, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. DocuSign Envelope ID: 8286378A-7508-41C3-BCBC-E63830DC36B7 * Page 5 of 5 * P.O. Box 4061  Eagle, CO 81631-4061 (970) 445-3204 Info@RockyMountainPropertyInspections.com ______________________________________________________________________________________ _______________________________________________________________ (Signature) INSPECTOR (Signature) CLIENT Jeremy Gross for Rocky Mountain Property Inspections, LLC ________________________________________________________ Print Name ________________________________________________________ Email address where report is to be delivered ________________________________________________________ Phone # INVOICE Inspections & Tests Requested Property Inspection…………….……...………… $1,040.00 Includes: small cabin (approx. 1,602 sq/ft, barn (approx. 1,560 sq/ft, shop (approx. 1,920 sq/ft), shed #1 (approx. 768 sq/ft), shed #2 (approx. 768 sq/ft). TOTAL AMOUNT DUE………................ $1,040.00 DocuSign Envelope ID: 8286378A-7508-41C3-BCBC-E63830DC36B7 Holly.Strablizky@eaglecounty.us 970-328-8686 Jeff Shroll DocuSign Envelope ID: 8286378A-7508-41C3-BCBC-E63830DC36B7