Limited Edition Agreement

Document Sample
Limited Edition Agreement Powered By Docstoc
					                           Mold Inspection and Testing Agreement

This inspection will be performed according to the IES O, (Indoor Environmental Standards
Organization) Standards of Practice for the Assessment of Indoor Environment al Quality, Volume I:
Mol d Sampling; Assessment of Mol d Contamination. 2 nd Editi on June 2003. For more information
on IESO, visit www.iestandards.org. The ins pector will provi de the following services to client:

        1.   Provi de either a Level I or Level II assessment accordi ng to the IESO standard
             referenced at the top of this document.
        2.   A Level I assessment is limited to taking surface samples from suspect areas i dentified
             by the client.
             A Level II assessment includes a complete visual ins pection of accessible areas of the
             home and grounds as it relates to water damage and mol d i nfestation as follows.
             Exterior: Gradi ng and drainage within 10 feet of the structure, exterior wall coverings
             and all penetrati ons, decks and other attached structures, adjacent potenti al water
             sources, (ie. Fountai ns, irrigation). Foundation: foundati on, stem wall, crawls pace,
             crawlspace ventilati on. Roof: roof penetrations, drai nage, flashing, type and condi tion
             of roof covering, Attic: insulation, ventil ation, condensation drainage, framing,
             sheathing. Interior: Walls, ceilings, floors, coverings. Plumbi ng: Relevant fi xtures,
             suppl y and drain lines. HVAC: Visible duct work, air handling unit if accessible, filters,
             fans.
             Air samples are taken as follows: One exterior and one interior for each fl oor of the
             home. Addi tional indoor samples are taken if sus pect condi tions are found that the
             inspector feels shoul d be tested.
             Surface samples are taken if taken if suspect conditi ons are found on any surfaces.
        3.   Provi de mol d tests described above through an independent and certified
             Laboratory, whose results will be directly avail able to the client.
        4.   Provi de a written report of the ins pection visual observations and an expl anation
             of the laboratory results.


The inspector (Precision Inspecti ons, LLC) is not res ponsible or liable for the non-discovery of any
water damage, water problems or mol d contaminati on or mol d problems or other condi tions of
the subject property or any other problems which may occur or may become evi dent after
the ins pecti on and testing time and date. Ins pector is not an insurer nor guarantor against
water problems, mol d problems or other defects in the subject property and
improvements, systems or components inspected. Ins pector makes no warranty, express
or i mplied, as to the fitness for use or condi tion of the systems or components ins pected.
inspector assumes no res ponsibility for the cost of repairing or liable for any
future water problems, mol d problems or any other future failures or repairs.


Inspector and its empl oyees are limited in li ability to the fee pai d for the
inspection and testing services and report in the event that client or third party clai ms
inspector is in any way liable for negligently performing the ins pecti on and testing,
or in preparing the ins pection and testing report or any other reason or cl ai m that
inspector has not fully satisfied all its obligations hereunder. Client hereby agrees to
indemnify, defend and hol d harmless the inspector if any third party brings a cl aim
against the ins pector relating to the inspection and testing or Ins pecting and Testing
Report.

This agreement is governed by the laws and jurisdicti on of the State of N.C.
any controversy or clai m between the parties hereto, arising directly or indirectly our of,
connected with, or relation to the interpretation of the agreement, the scope of the
services, the actual i nspecti on and testing services rendered by Inspector, the Ins pecti on
and Testing Report provi ded to the client by Ins pector, or any other matters of any kind
invol ving any act or omission performed under this agreement, or promises, shall be
submitted to arbitration in accordance with the applicable rules of the American
Arbitrati on Association. The parties shall mutuall y appoint an arbi trator who is
knowledgeable and familiar wi th the mol d ins pection and mol d testing industry.
Judgment on any award may be entered in any count having jurisdicti on, and the
arbitrati on decision shall be bi nding on all parties. Secondary or consequenti al damages
are specifically excluded.

In the event that any dis pute arises out of the Ins pection, Testing or Report and
proceedings are commenced by the client, i f the client is unsuccessful in mai ntaining the
claim i n arbitration or elsewhere, then the client shall be liable to the ins pector for all
charges, expenses, costs and legal fees incurred by the inspector or inspector’s
personnel in i nvesting, research, preparati on for, and attendance at arbitration or court
hearings and exami nations.

Any clai ms must be presented to the ins pector in hand by certified U.S. mail or
suitable proof of deli very wi thin one year from the date of the i nspecti on. Inspector shall
have no li ability for any clai ms presented one year after the date of the inspection and testing.
Client guarantees inspector a right to examine the subject matter and area of any cl aim
and offer a resolution pri or to the client’s performance or remedi al measures (except in
the event of an emergency, or to protect for personal safety, or to reduce or avoi d damage
property). This is a condi tion precedent to client’s claim.

This inspection is not a Buil ding Code Inspection, ti tle examinati on, home
Inspection for problems other than water and mol d, or a by-l aw compliance inspection.
The Ins pector does not offer on opi nion as to: (a) the advisability or inadvisability of the
Purchase, sale or repair or replacement of the property or its components such as, but not
Li mited to, appliances, carpeting, heating, ventilation, and air conditi oning equi pment and
Ducts, (b) the property’s value, or (c) the property’s potenti al use.

The Ins pection and Testing fee, and any report based on the inspection and testing
conducted, is based on a single visit to the property. Additional fees may be charged for
any subsequent visits required by the client. If the Ins pector is called upon to prepare for
litigation to gi ve testimony as a result of the ins pection and testing, additional fees shall
be charged the ins pector’s current fees for any time spent, includi ng but not li mited
to, research, consultati on, additi onal ins pection and tes ting ti me, additi onal laboratory test
fees, preparation of reports, travel, ti me waiting to testify and court appearances or
depositions.

The inspection and testing report is based on the condi tion of the subject property
existing and apparent on the precise time and exact date of the inspection. Not all
condi tions may be apparent on the ins pecti on and testing date due to weather conditi ons,
inoperable systems, inaccessibility of areas of the subject property, or for other reasons.

The client understands and agrees that the inspectors ins pection and testing can
report only, (1) water and mol d problems in existence on the date of the ins pecti on and
testing and (2 ) water and mol d problems physically present in the precise and exact
subject property locati ons that are actually ins pected. Air tests can only report the
presence of mol d spores in the air of each room in which an air sample is taken. Air tests
or s wab samples can onl y report the presence of mol d s pores in the i ndi vi dual heating,
ventil ation and air conditi oning duets in which air tests or s wab samples are taken. The
inspector’s moisture meter can onl y detect wet conditi ons 3/4 of an inch into buil ding,
materials tested, and only in locati ons actually tested by the ins pector. The ins pector
cannon report on areas or locations in the buil ding that have not been specifically
inspected and tested.

This agreement and the documents referred to herein constitute the entire
agreement between the parties hereto, and supersede and all pri or representations ,
discussions, or agreements, whether written or oral . No amendment, change or vari ance
from this agreement shall be bindi ng on either party unless mutuall y agreed to, in writing
and signed by the parties hereto. If any provision of this agreement is hel d invali d or
unenforceable by any court of final jurisdicti on, it is the intent of the parties and all other
provisions of this agreement be construed to remain full y vali d, enforceable and binding
on the parties.

       THE INSPECTION, TES TING AND REPORT DO NOT CONS TITUTE A
WARRANTY, GUARANTEE OR INS URANCE POLICY OF ANY KIND. There are
no warranties, guarantees or insurance available or provi ded by the i nspector.

         Havi ng read and fully understood this Agreement, I (we) hereby authorize the
Inspection and testing of the subject property.

Please Check One:

Level I Assessment: ________       $300 (includes 4 surface samples if needed, 2 suspect and 2 non -
suspect)

Level II Assessment: ________ $650 (includes 2 air samples, 1 indoor and 1 outdoor)

Addi tional samples are $60 each and may be recommended by the ins pector. Client may decline
addi tional sampling.

Payment is due at the ti me of inspection.


__________________________                            Date________________
Client Signature


__________________________
Inspector Signature                                   Date________________




The followi ng additi onal sampling was recommended by the i nspector and declined by the client.
Client, please initial any areas listed bel ow which were declined.

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:4
posted:6/16/2011
language:English
pages:3
Description: Limited Edition Agreement document sample