A Contract for a Standard Home Inspection
This Contract is by and between YOUR NAME HERE hereinafter referred to as the Client and David W. Livingston, DBA Cornerstone Building Systems of 1806 Edge Drive, North Myrtle Beach, SC 29582 hereinafter referred to as the Company.
Scope of the work to be performed: Client hereby engages Company to perform a standard home inspection of the property located at:
ADDRESS HERE
In consideration of a standard Home Inspection Fee of $FEE the parties agree as follows:
A standard inspection is intended to help educate the Client in the evaluation of the overall condition of a building. It is based on observation of the visible apparent condition of the building and its components on the date of the inspection. The results of this work are not intended to make any representation regarding latent or concealed defects that may exist and no warranty or guaranty is expressed or implied. If the person conducting the inspection is not a licensed structural engineer or other professional whose license and/or specialized training authorizes the rendering of an opinion as to the structural integrity or serviceability of a building or its other component parts, the Client should seek a professional opinion as to any defects or concerns mentioned in the report.
Clients who wish more extensive or intensive inspections, or reporting beyond that provided by the standard inspection and which requires more time (i.e. a more exhaustive listing of minor items, check all windows, etc.), or specialized talent or skill should arrange for those services independently, or may subcontract for those services via the Company. Such efforts may find additional or more extensive problems or render opinions that differ from those rendered via a standard inspection.
Pre-Settlement: Client accepts that this work is no substitute for a pre-settlement inspection for which the Client is responsible since damages, mechanical failures and symptoms, clues etc. may appear after this work is performed and before the legal acceptance of the property. Client waives any right to make a claim against the Company if the Client has not diligently performed a pre-settlement inspection or has not initiated a more extensive investigation and follow through with a specialist on any problems noted including confirmation of any cost approximation.
Right of Entry: The Client warrants that he/she or his/her agent has made all necessary arrangements with the selling party for the Company to enter and inspect the property described in this agreement.
Client Participation and Inspection: The Client is encouraged to participate in the inspection but the Client does so at his/her own risk. The Company shall have no liability for personal injury, property damage or any other damages resulting from the Client's participation in the inspection.
Third Parties: The Client agrees that the report and information from this work is exclusively for its own benefit as it relates to this transaction and in all other cases is the property of the Company. The Client specifically warrants that there are no third parties who are intended beneficiaries of this contract. The Client agrees to indemnify and hold harmless the Company for any damages and/or expenses, including attorney's fees, involved in defending any claim made by a third party as a result of the services performed under this contract.
Disclosure: The Client authorizes the Company to disclose information to real estate agents, sellers, or other parties intimate to this particular transaction for clarification, facilitation of repairs, etc.
Legal Fees/Other Expenses: If either party makes a claim against the other for any error, omission or other action arising out of the work performed under this contract and fails to prove all aspects of such claim, the party making the claim will pay all attorney's fees. arbitrator fees, expenses and costs incurred in the defense of the claim. The Client agrees to pay all the Company's costs incurred in collecting unpaid fees or any returned checks tendered by the Client or any denied credit card charge.
Arbitration: The Client and the Company agree to submit all disputes related in any way to the obligations arising under this contract for binding arbitration to the American Arbitration Association and to use the "Standard of Practice" published by the South Carolina Department of Labor, Licensing and Regulation as the gauge.
Limitation of Liability: We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee.
Severability: If any tribunal determines that any portion of this contract is unenforceable, that tribunal shall enforce the remainder of the Contract as though the unenforceable portion did not exist.
Other Fees: If the client requires additional services such as reisnpection or other repeat visits to the property, they will be rendered at the rate of $75 per hour for the first hour or (fraction thereof), $50 per hour (or fraction thereof) for each additional hour or as otherwise agreed to by the parties. Past-due fees for your inspection shall accrue interest at 8% per year. You agree to pay all costs and attorney's fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.
I have read the language of the Contract and understand the content and furthermore agree to be bound by the terms of this contained herein.
_______________________________________ _____________
David Livingston DBA- Cornerstone Building Systems Date
Signature waived. _____________
YOUR NAME HERE- Client Date