© Inspection Agreement
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Mountaineer Inspection Services, LLC
438 Sand Ridge Road
Flemington WV 26347
Agreement
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Please read carefully.


Mountaineer Inspection Services, LLC

438 Sand Ridge Road

Flemington, WV 26347

(304) 709-3200

 

THIS CONTRACT LIMITS OUR LIABILITY

PLEASE READ CAREFULLY

THIS AGREEMENT IS BETWEEN THE CLIENT NAMED ON THIS CONTRACT AND MOUNTAINEER INSPECTION SERVICES, LLC.

 

I, {Client} hereby request a limited visual inspection of the structure at the address listed, for my sole use and benefit.  I warrant that I will read the following agreement carefully.  I further warrant that I will read the entire inspection report when I receive it and promptly call the inspector with any questions I have.

SCOPE OF INSPECTION: Company agrees to perform a limited, non-invasive, visual inspection of the property at the above address.The inspection will be performed in accordance with the Standards of Practice of the West Virginia Association of Home Inspectors. A copy of these Standards may be found at: http://www.wvahi.org/index.php/ethics/standards-of-practice.html

OUTSIDE THE SCOPE OF THE INSPECTION: Any area which is not exposed to view, is concealed in any way, or is inaccessible because of soils, walls, floors, carpeting, furnishings, storage, shelving, or any other thing is not included in this inspection.  This inspection does not include dismantling, destructive testing, or moving items to find inaccessible areas.  Any areas where animals prohibit inspection or entry.  Whether concealed or not, the following are OUTSIDE THE SCOPE OF THIS INSPECTION:

Building code or zoning ordinances; Geological stability or soil condition or types; Structural stability of engineering analysis; Termites, pests, other wood destroying insects or vermin; Asbestos, radon, formaldehyde, lead, water potability, air quality, and mold assessment; Electomagnetic radiation or any environmental health hazards; Building appraisals or value; Condition of detached buildings; Pools, spas, underground piping, or irrigation systems; Specific components noted as excluded on individual inspection forms; Private water  and/or sewage systems; Saunas, steam baths, tanning areas, and indoor pools; Radio controlled devices, elevators, automatic gates, dumb waiters, lifts, or any digital or programmable devices; Water purifying systems, solar power or powered systems; Furnace heat exchangers, freestanding appliances,  washers and dryers; security systems; Personal property of any kind; Prediction of life expectancy; or Adequacy of a component.  (Some items listed may be inspected for an additional fee, covered by another contract).

This inspection is not a home warranty, guarantee, insurance policy, or substitute for real estate transfer disclosures which are required by law.  Your home inspector is a generalist and is not acting as a licensed or certified engineer, or expert craftsman in any trade.  If your inspector recommends a professional evaluation by a trade professional, the client should do so, and the consultation with that trade will be at the client's expense.

DISPUTE RESOLUTION; BINDING ARBITRATION: Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be submitted for final and binding arbitration under the Rules and procedures of the American Arbitration Association. Client agrees to pay all required filing fees. The decision of the Arbitrator appointed thereunder shall be final and binding and judgement on the Award may be entered in any court of competent jurisdiction.

CONFIDENTIAL REPORT:  The inspection report to be prepared for the client is solely and exclusively for the client's own information and may not be relied upon by any other person.  Client agrees to maintain the confidentiality of the inspection report and agrees not to disclose any part of it to any other person.  Client may distribute copies of the inpsection report to any parties directly involved in the real estate transaction, but said persons are not specifically intended beneficiaries of this Agreement, or the inspection report.  Client agrees to indemnify, defend, and hold the inspector harmless from any third party claims arising out of clients unauthorized distribution of the inspection report.

ATTORNEY FEES:  The prevailing party in any dispute arising out of this agreement, the inspection, or report, shall be awarded all attorney fees, arbitrator fees, and other costs.

SEVERABILITY:  Client and Inspector agree that should a Court of Compentent Jurisdiction determine and declare that any portion of the contract is void, voidable, or unenforceable, the remaining provisions and portions shall remain in full force and effects.

NOTICE AND WAIVER CLAUSE: Any claim arising out of or related to any act or omission of the Inspector in connection with the inspection of the property shall be made in writing and reported to the Inspector within ten (10) business days of discovery and to allow Inspector a reasonable opportunity to reinspect the issue giving rise to the claim before undertaking any repairs. Client agrees that a failure to comply with the terms of this paragraph shall constitute a waiver of such claim.

INTEGRATION CLAUSE: This Agreement and the exhibits attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by all parties.

STATUTE OF LIMITATIONS: The parties agree that any action in relation to an alleged breach of this Agreement shall be commenced within one year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute.

BINDING ON OTHERS CLAUSE: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective spouses, heirs and successors

WAIVER OF STATUTE OF LIMITATIONS: Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be commenced within one year of the date of the inspection, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute.

NO RULE OF CONSTRUCTION: The parties acknowledge that each of them has had ample opportunity for their own counsel to participate in negotiating and drafting this Agreement. Therefore, no rule of construction shall apply to this Agreement that construes ambiguour or unclear language in favor of or against any party.



Additional Services we offer!

 Detached Garage
 Mold Testing
 Septic Dye Testing
 Infrared Camera
 Radon Testing


By Acknowledging this Agreement you confirm that you have read, understood and accepted the terms and conditions of this Agreement.

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