Consulting Services Agreement

CONSULTING SERVICES AGREEMENT

On              ,201    , at    :00    .m, or at such time and date that the Client and Inspector may agree, the Inspector or a representative of the Inspector, will/did provide only the following professional consulting services to the Client: observing and rendering opinions as to the apparent performance of only the visible accessible parts, components, and systems of:

 

  1. Basic Structural: Includes and is limited to:<           >foundation systems, roof components, walls, ceilings, floors, basement, water penetration, fireplace & chimney, stairs & landings, attached balconies, decks & porches, exterior doors, windows & screens. Excludes: Cosmetic features.
  2. Basic Mechanical: Includes and is limited to: plumbing system, water heater, electrical system, all permanently installed heating-cooling-ventilation equipment and systems, all built in appliances including dishwasher, disposal, exhaust fans, trash compactor, and cooking equipment.
  3. Wood Destroying Insect Report               .
  4. Swimming Pool              .
  5. Sprinkler System                .
  6. Other:                                                                      .

of the building located at                                         , city of                ,Texas             , EXCLUDING all detached structures, docks, and fences, environmental conditions, geological conditions, presence of toxic or hazardous wastes or substances, compliance with codes-ordinances-statutes or restrictions, permit searches septic systems, timer devices, photocells, intercom systems, security systems, water softeners, cesspools, wells, and solar systems.

The presence or extent of damage caused by water intrusion within concealed or obstructed areas is not within the scope of this inspection. The presence of organic growth such as molds or other potentially harmful organic matter or pathogens at any location, concealed or otherwise, is not within the scope of this inspection. The presence of conditions conducive to organic growth such as molds or other potentially harmful organic matter or pathogens at any location, concealed or otherwise, is not within the scope of this inspection. The inspector is not qualified to detect the presence of Chinese Drywall. Accordingly the issue of Chinese Drywall (and its' potential problems) is beyond the scope of the inspection report.

Because of the consulting services the Inspector has agreed to provide the Client are limited to making visual observations and providing written subjective opinions of a limited nature, the Inspector cannot and does not agree to be responsible or liable for (1)the failure to observe or provide opinions with respect to any part, component or system of the building that is not included in the inspection as provided in this Agreement; (2)the failure to observe or provide opinions with respect to any defects that cannot be visually observed; or (3)defects which become apparent after the date and time of the inspection, commonly referred to as "latent defects", or the failure to observe or provide opinions regarding such latent defects. It is not within the intent and/or scope of this inspection to determine the habitability, suitability of use, economic life span, deferred maintenance issues, and/or issues unnamed in this inspection and/or in this report. Also, the inspector DOES NOT AGREE TO MAKE, AND DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONSULTING SERVICES PROVIDED THE CLIENT, OR ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PARTS, COMPONENTS OR SYSTEMS INCLUDED IN THE INSPECTION PROVIDED FOR BY THIS AGREEMENT.

 

[NO INSURER/LIMITATION OF LIABILITY

The Inspector and the Client agree that the Inspector is not an insurer, and that insurance, if any, may be obtainable through home warranty insurance policies in the marketplace, or manufacturer issued insurance policies. The Client understands and agrees that if the Inspector should be found liable for any losses, damages, attorneys' fees, costs, or expenses, no matter the kind or nature, the Inspector's liability shall be limited to a sum equal to the fees paid by the Client to the Inspector for the professional consulting services provided to the Client in accordance with this Agreement. The Client agrees that the Inspector shall not be liable for consequential or incidental damages of losses, except to the extent of the limited damage amount provided for in this paragraph.

This agreement contains the only agreement between the Inspector and the Client, and takes the place of any prior understanding or written or oral agreements between the Inspector and the Client regarding the consulting services the Inspector has agreed to provide the Client as described above. Both the Inspector and the Client acknowledge that this written instrument correctly and completely describes all of the terms of their agreement, by signing their names on the spaces below. And, I confirm that I have read and/or understand, and agree to this consulting services contract agreement, and that I agree to be bound by these terms and conditions.

In the absence of client to sign this contract agreement prior to or at the time of the inspection, this contract shall be included and become part of the report. Acceptance of the report, and/or payment for the inspection is an acknowledgement, acceptance, and agreement by Client(s) to the terms of this contract, and limitations listed in the report, and an acknowledgement that the inspection includes only those items listed as inspected in the inspection report.]

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