INSPECT DES MOINES
COMMERCIAL INSPECTION AGREEMENT
(Please Read Carefully)
The real estate inspection to be performed for you (hereinafter described as Client) is a survey and basic operation of the systems and components of a building which can be reached, entered, or viewed without difficulty, moving obstructions, or requiring any action which may result in damage to the property or personal injury to Paul S. Gehrke (hereinafter described as the Inspector). The purpose of the inspection is to provide the client with information regarding the general condition of the building(s). Inspector will prepare and provide Client a written report for the sole use and benefit of Client. The written report shall document any material defects discovered in the building’s systems and components which, in the opinion of the Inspector, are safety hazards, are not functioning properly, or appear to be at the end of their service lives. The inspection shall be performed in accordance with the Standards of Practice of the International Association of Certified Home Inspectors (InterNACHI), attached hereto and incorporated herein by reference, and is limited to those items specified herein.
Client agrees to read the entire written report when it is received and promptly call Inspector with any questions or concerns regarding the inspection or the written report. The written report shall be the final and exclusive findings of the Inspector. Client acknowledges that Inspector, for purposes of this inspection, is a generalist and that further investigation of a reported condition by an appropriate specialist may provide additional information which can affect Client’s purchase decision. Client agrees to obtain further evaluation of reported conditions before removing any investigation contingency and prior to the close of the transaction. In the event Client becomes aware of a reportable condition which was not reported by Inspector, Client agrees to promptly notify Inspector and allow Inspector and/or Inspector’s designated representative(s) to inspect said condition(s) prior to making any repair, alteration, or replacement. Client agrees that any failure to so notify Inspector and allow inspection is a material breach of this Agreement.
Client agrees what is being contracted for is a building inspection and not an environmental evaluation. This inspection is not intended to detect, identify, or disclose any health or environmental conditions regarding this building or property, including, but not limited to: the presence of asbestos, radon, lead, urea-formaldehyde, fungi, molds, mildew, PCBs, Chinese drywall or other toxic, reactive, combustible, or corrosive contaminants, materials or substances in the water, air, soil, or building materials. The Inspector is not liable for injury, health risks, or damage caused or contributed to by these conditions.
The written report is not a substitute for any transferors’ or agent’s disclosure that may be required by law, or a substitute for Client’s independent duty to reasonably evaluate the property prior to the close of the transaction. This inspection Agreement, the real estate inspection, and the written report do not constitute a home warranty, guarantee, or insurance policy of any kind whatsoever. No legal action of any kind, including those sounding in tort or contract, can be commenced against Inspector/Inspection Company or its officers, agents, or employees more than one year from the date Client discovers, or through the exercise of reasonable diligence should have discovered, the cause of action. In no event shall the time for commencement of a legal action or proceeding exceed two years from the date of the subject inspection. THIS TIME PERIOD IS SHORTER THAN OTHERWISE PROVIDED BY LAW. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors, and assigns. This Agreement constitutes the entire integrated agreement between the parties hereto pertaining to the subject matter hereof and may be modified only by a written agreement signed by all the parties hereto. No oral agreements, understandings, or representations shall change, modify, or amend any part of this Agreement. Each party signing this Agreement (the Inspector is ‘signing’ this Agreement by offering this Agreement online, for the Clients ‘signature’; and the Client is ‘signing’ this Agreement – after careful review – by accepting the Agreement by clicking on the Agreed To & Submit button at the bottom of this Agreement) warrants and represents that he/she has the full capacity and authority to execute this Agreement on behalf of the named/indicated party (Inspector/Client). If this Agreement is executed on behalf of the Client by any third party, the person executing this Agreement expressly represents to Inspector that he/she has the full and complete authority to execute this Agreement on Client’s behalf and to fully and completely bind Client to all of the terms, conditions, limitations, exceptions, and exclusions of this Agreement.
LIMIT OF LIABILITY:
Since the cost of any potential damages cannot be predicted, and as a condition of the reduced inspection cost (limited visual inspection), our liability shall in no case exceed five (5) times the inspection fee. You accept this amount as total liquidated damages regarding any action.
Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the courts’ holding.
The parties to this Agreement agree to attend, in good faith, mediation with a retired judge or lawyer with at least 5 years of mediation experience before any lawsuit is filed. All notices of mediation must be served in writing by return receipt requested allowing 30 days for response. If no response is forthcoming the moving party may then demand binding arbitration under the terms and provisions set forth below.
Any dispute concerning the interpretation or enforcement of this Agreement, the inspection, the inspection report, or any other dispute arising out of this relationship, shall be resolved between the parties by binding arbitration conducted in accordance with Iowa Law, except that the parties shall select an arbitrator who is familiar with the real estate profession. The parties agree that they shall be entitled to discovery procedures within the discretion of the arbitrator. The arbitrator shall manage and hear the case applying the laws of the State of Iowa to all issues submitted in the arbitration proceeding. The award of the arbitrator shall be final, and a judgment may be entered on it by any court having jurisdiction. Any disputes are to be arbitrated by:
STANDARDS OF PRACTICE
Inspect Des Moines and Inspection Reports are a standard light commercial inspection performed per the Standard Commercial Inspection Agreement terms, conditions, exclusions and limitations; and, to the Standards of Practice established by InterNACHI, the International Association of Certified Home Inspectors.The InterNACHI Standards of Practice can be viewed by clicking the button below. Please carefully review the Standards of Practice prior to completing the form on this page.
Client acknowledges having read and understood all of the terms, conditions, exclusions, and limitations of this Agreement and voluntarily agrees to be bound thereby, and to pay the fee agreed to between the parties on the Book Inspection page of www.inspectdm.com or by cash, card, or check in person at the conclusion of the home inspection. Client will not receive the inspection report until payment has been received by the inspector. By entering your name, email address, and clicking on the “Submit” button below, you are acknowledging that you have read all of the above Agreement and Standards of Practice, and agree to be bound by the terms and conditions therein. If you do not agree to all of the Terms and Conditions of The Agreement– please check the DO NOT AGREE box and click the “Submit” button below, and your inspection appointment will be cancelled. You may request to sign a hard copy contract on site prior to the inspection in lieu of the electronic version. Please contact us with such request prior to the home inspection.