PRE INSPECTION SERVICE CONTRACT

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PRE INSPECTION SERVICE CONTRACT Powered By Docstoc
					                                                                                      1143 Avant
                                                                                San Antonio, Texas 78210
                                                                               www.InspectionSource.com
                                    CLIENT:                                                   Dean Abel
                             INSPECTION ADDRESS:                                            123 Any Street
                              DATE OF INSPECTION:

                                      PRE INSPECTION SERVICE CONTRACT
Professional Inspectors Group (referred to as the Company) agrees to provide professional inspection services and render an OPINION for the
purpose of informing the client of MAJOR deficiencies in the condition of the above named property. The written report is the property of the
Company and the Client and both agree to allow the distribution to persons involved with this transaction to include real estate agents and Title
Company. The fees for the inspection are stated on the Client Invoice.

The Company shall perform this inspection of the subject property for the Client in accordance with the Standards of Practice sec. 535.222 (minimum
inspection standards) by the Texas Real Estate Commission (TREC). The client(s) agrees that the Inspector and/or Company may address findings
related to safety and structural issues as the Inspector and/or Company deems necessary. Such findings may exceed the minimum inspection
standards of the Texas Real Estate Commission. The client(s) agrees to allow the Inspector and/or Company to depart from these minimum
standards and/or exclude any part, component, or system at the discretion of the Inspector and/or Company at the time of the inspection. Some
CODE related items might be identified. Client understands and agrees that the Company is not obligated and specifically does not undertake any
responsibility for reporting non-compliance with any building, electrical, mechanical or plumbing codes established by municipal ordinances. Client
understands and agrees that the Company is not obligated and specifically does not undertake any responsibility for reporting on the existence of
items under manufacturers recall or being subject to any class action lawsuits. In the event such non-compliance, recalled items or class action law
suits are reported by the Company, Client agrees that such report does not constitute any actionable representation and Client specifically waives
any and all claims, at law or in equity, in connection with any such reporting.

Due to the complexity and variety of alarm systems on the market, the Company does not inspect alarm systems. On occasion the Company may
call Brinks Security Company to come out to the building to provide a basic cursory check of the alarm system. The alarm checks are completely
separate from the building inspection and report and should not be construed as any part of our inspection report. Brinks Security does provide
written documentation of the alarm system check and a copy will be provided to the client. Client understands and agrees that the Company is not
obligated and specifically does not undertake any responsibility for the reporting of any alarm system. The Company may receive a fee from Brinks
Security Company for the time and expense incurred when making these arrangements. By signing this agreement, you authorize Brink’s Home
Security to call at the phone numbers you have provided, to discuss a special alarm offer.

TECHNICAL BUILDING INSPECTION: Professional Inspectors Group offers a more extensive and technically orientated inspection than that
provided with a General Building Inspection. Technical Building Inspections conducted by Professional Inspectors Group involve multiple service
providers such as Professional Engineers, Master Electricians, Master Plumbers, HVAC Specialists, Roofing Specialists, etc. and take a minimum of
five (5) days to complete. We charge a minimum base fee of $2500.00 plus any required laboratory analysis and specialized testing fees.

TYPE OF INSPECTION(S) CONDUCTED
     A.       GENERAL BUILDING INSPECTION (TREC Standards of Practice sec. 535.222)
     B. OPTIONAL SYSTEMS AND ATTACHMENTS (TREC Standards of Practice sec. 535.222)
            Additional Fees will be charged for Optional Systems & Attachments
                Detached Garages             Outbuildings       Permanently installed outdoor Cooking Equipment
                Lawn & Garden Sprinkler Systems              Swimming Pools & Related Equipment           Spa or Hot Tub & Equipment
     C. SPECIALIZED INSPECTION SERVICES
                Pre-Pour Foundation Inspection            Framing and Mechanical Rough-In Inspection          Final Walk-Through Inspection
                Other: ________________________________________
REPORT: The Company will provide Client a report with regard to the findings in connection with the inspection. The report does not create any
expressed or implied warranties and is subject to all the terms and conditions of this Inspection Service Contract. Additional terms and conditions
are stated throughout the report.
          No verbal statements by the inspector shall expand the scope of this agreement nor will such statements be relied upon when solicited
from the inspector by the Client at the time of the inspection or at any other time. This contract does not include inspection of any other conditions
that may be on other contracts, forms or statements pertaining to this property.
          The intention of this report is to indicate which items were inspected, and to help locate and indicate MAJOR deficiencies discernible to the
Inspector at the time of the inspection. THIS REPORT IS MADE BASED ON A VISUAL INSPECTION OF READILY ACCESSIBLE AREAS ONLY.
THE REPORT FINDINGS ARE THE OPINION OF THE INSPECTOR. Other opinions may not be the same. Some minor deficiencies may have
been noted as a courtesy to the Client. Detached buildings are not the subject of this report, unless specifically indicated above. If a comment is
made concerning the condition of any item, the Client agrees to contact a specialist to make further inspections and to seek estimated cost of repairs
needed prior to closing on the purchase of this property.
          This report will not include, and should not be read nor interpreted, as to the insurability of any item or items inspected.
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DISCLAIMER OF WARRANTY: This inspection is not intended to be technically exhaustive nor is it considered to be a GUARANTEE OR
WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE CONDITIONS OF THE PROPERTY, ITEMS AND SYSTEMS INSPECTED AND IT
SHOULD NOT BE RELIED ON AS SUCH. Professional Inspectors Group is not an insurer and does not insure against defects in the building or at
the property. Neither the Company nor the inspector shall be held responsible or liable for any repairs or replacements with regard to this property,
systems, components, or the contents therein.

POST-INSPECTION PROCEDURES: You agree to follow the Post-Inspection Procedures. You will contact us immediately and in advance of
commencing any repairs if you have concerns about the inspection services we conducted. You will also give us an opportunity to revisit the
Property so that we may evaluate and respond to your concerns. You further agree that you will hold Professional Inspectors Group and our
Inspectors harmless and will release us from any claim for damages, and/or repair or replacement costs you may incur where a) you fail to notify us
in advance and allow us an opportunity to revisit the property, b) you fail to conduct a walk through inspection prior to closing, c) the Property owner
failed to fully and properly disclose existing defects, c) you failed to contact specialists if a comment was made concerning the condition of any item,
to make further inspections, and to seek estimated cost of repairs needed prior to closing on the purchase of this property.

COMPLAINTS / DISPUTES / ARBITRATION: In the event a dispute arises, Client agrees to notify the Company within 2 days of the time Client
discovers the basis for dispute so as to give the Company a reasonable opportunity to re-inspect the property. Client agrees that any dispute,
controversy, demand or claim of Client arising out of or relating to this contract, any inspection or report, shall be settled by arbitration in accordance
with the rules of the American Arbitration Association. Judgement upon the reward rendered by the arbitrators may be entered in any court having
jurisdiction thereof. Any arbitration shall be held in Bexar County, Texas. The arbitrator should have knowledge of the building inspection industry
and must be a member of The Texas Association of Real Estate Inspectors (TAREI) for at least five (5) years.
           In the event the Client files a lawsuit against the Company or the Inspector, the Client agrees to pay all of the legal fees, costs of expert
witnesses, court costs, costs of depositions (or copies of depositions) and all other such expense incurred by the Company and Inspector if the
Client fails to prevail in the lawsuit. If the Client does not purchase the property, and sellers and/or other parties initiate legal action against the
Company and/or Inspector, the Client agrees to testify in court and/or by deposition on the Company’s behalf. FRIVOLOUS LAWSUITS WILL BE
VIGOROUSLY AND AGGRESSIVELY DEFENDED.
           In the event the Client’s insurance carrier files a lawsuit against the Company or the Inspector, the Client agrees to pay all of the legal fees,
costs of expert witnesses, court costs, costs of depositions (or copies of depositions) and all other such expense incurred by the Company and
Inspector if the Client’s insurance carrier fails to prevail in the lawsuit
           If a lawsuit is filed by the company and/or Inspector to collect moneys due and owing under this contract, Client agrees to pay the company
and/or Inspector reasonable attorney’s fees, court costs and other expenses incurred in such lawsuit.

LIMITATIONS ON LIABILITIES AND TIME TO SUE: This inspection is general in nature and is not a totally exhaustive inspection. It is unrealistic to
expect that every deficiency will be discovered and there is a probability that deficiencies are not noted in this report. The inspection tends to reduce
risk but will not eliminate risk. The inspection fees are based, in part, on the amount of liability limits agreed upon by the Client as well as the type of
inspection chosen by the Client. CLIENT AGREES THAT THE COMPANY WILL HAVE NO LIABILITY for failing to detect a defect, malfunction,
inoperative condition or necessity for repair where a defect, malfunction, inoperative condition or need for repair could not have been discovered
through normal visual inspection whether concealed or covered up, intentionally or otherwise. CLIENT AGREES THAT THE COMPANY WILL HAVE
NO LIABILITY under any circumstances for incidental or consequential damages. CLIENT AGREES TO LIMIT ANY AND ALL ACTUAL DAMAGES
FOR ANY DEMAND, CLAIM OR DISPUTE, WHETHER AT LAW OR IN EQUITY, (INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS) TO
THE AMOUNT ACTUALLY PAID BY A CLIENT TO THE COMPANY FOR THE INSPECTION. Client agrees to look only to the company for any
claims or damages and hereby, to the extent permitted by law, waives and releases individual inspector performing said inspection and report from
any and all claims, demands or causes of action, at law or in equity. CLIENT AGREES ALL CLAIMS, DEMANDS OR CAUSES OF ACTION, AT
LAW OR IN EQUITY, TO THE EXTENT PERMITTED BY LAW, MUST BE FORMALLY FILED NO LATER THAN SIX (6) MONTHS FROM THE
DATE OF THIS AGREEMENT.

INSPECTIONS/CONSULTATIONS RESULTING IN LITIGATION: In the event Inspector's and or Company’s services are retained for purposes
resulting in any legal action, civil or criminal, against anyone (including but not limited to: purchasers, sellers, builders, real estate sales agents and
brokers, engineers, licensed real estate inspectors, and others), the client(s) agrees to pay the Inspector’s and/or Companies fees charged. This
minimum fee rate starts at $150.00 per hour. This rate will be charged for any type of legal proceeding and/or consulting issues. If the Inspector
and/or Company are to appear in a court of law or made to appear in any place to give testimony or deposition by issuance of subpoena by any party
for any reason, the client(s) agrees to pay the fees due as a result of this contract and/or services upon receipt of the bill or invoice for total time and
expenses.

SEVERABILITY: Should any clause of this agreement be found invalid or unenforceable by a court of law, the remainder of the agreement shall not
be affected, and all other provisions of this agreement shall remain valid and enforceable.
 CAUTION: THIS DOCUMENT CONSISTS OF TWO PAGES AND YOU ARE ADVISED TO READ THE ENTIRE DOCUMENT AS IT CONTAINS
                                              IMPORTANT LIMITATIONS, DISCLAIMERS AND WAIVERS.
                                The parties agree that this contract is entered into and payable in Bexar County, Texas.
               PROFESSIONAL INSPECTORS GROUP                                                                       CLIENT


                          Harold C Robertson                                                                        Dean Abel
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