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Service Disclaimer/Agreement

 

Disclaimer:

We are not licensed Texas Real Estate Commission Inspectors, which are typically regulated and trained home inspectors. We are Ex-Commercial Builders and Civil Engineers that know buildings and their systems from the ground up. We perform Property Condition Assessments that are designed specifically for commercial buildings and their systems. We also perform Phase 1 and 2 Environmantal Site Assessments of commercial Real Estate.

Payment Policy: Phase 1 Environmental Assessments and Building Inspections require 50% deposit prior to work commencement. Balance is due when report is ready, and prior to delivery. Report will be delivered once final payment notification has been received. Once property report is delivered to client, the sale and transaction is final.


Agreement:

A.  Client requests and Savvy Property Inspections (the “Company”) agrees to perform a limited visual Property Condition Assessment of a building or other structure on the Property (the “inspection”)at the address connected to this contract and to provide Client with a written opinion as to the apparent general condition of the structure’s components and systems, including identification of significant observable deficiencies, as they exist at the time of the inspection (the “inspection report”).  At Client’s request the Company may separately agree to provide a Phase 1 Environmental Site Assessment of the Property which will be a part of the inspection and the inspection report. If the Company agrees to provide a Phase 1 Environmental Site Assessment of the Property, all provisions of this agreement apply to the Phase 1 Environmental Site Assessment of the Property.   Client hereby represents and warrants that all approvals necessary have been secured for Company’s entrance onto the Property.

B. Client warrants: (a) they have read the following Agreement carefully, (b) they understand they are bound by all the terms of this contract, and (c) they will read the entire inspection report when received and promptly call Company with any questions they may have.

C. Client understands that the inspection and inspection report are performed and prepared for their sole, confidential and exclusive use. Client agrees that they will not transfer or disclose any part of the inspection report to any other person with these exceptions ONLY. (a) One copy may be provided to the current seller(s) of the property, but only upon the express condition that the seller(s) covenant to use the inspection report only in connection with Client's transaction and agree not to transfer or disclose the report to any persons other than their real estate agent and (b) one copy may be provided to the real estate agent representing Client and/or a bank, or other lender for use in Client's transaction only. Client agrees to indemnify, defend and hold harmless Company from any third party claims relating to this inspection or inspection report.

D. The inspection ONLY includes those systems and components expressly and specifically identified in the inspection report. Any areas which is not exposed to view, is concealed, is hazardous, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing or any other thing, or those areas/items is not included in this inspection. The inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions that are concealed from view at the time of the inspection or exists in any area excluded from inspection by the terms of this agreement. Maintenance and other items may be discussed, but will NOT form a part of the inspection report.

E. Client understands that the inspection and inspection report do not constitute a guarantee or warranty of merchantability or fitness for a particular purpose, expressed or implied, or insurance policy, nor is it a substitute for real estate transfer disclosures that may be required by law. Client agrees Savvy Inspections is not responsible for loan denials by lenders regarding inspection methods and/or reports. Client agrees to indemnify and save Savvy Inspections harmless for any damages.  

F. The written report to be prepared by Company shall be considered the final exclusive findings of the property. Client understands and agrees they will not rely on any oral statements made by the Inspector prior to the issuance of the written report. Client further understands and agrees Company reserves the right to modify the inspection report for a period of time that shall not exceed forty-eight (48) hours after the inspection report has first been delivered to Client. G. Client understands and agrees that any claim arising out of or related to any act or omission of Company in connection with the inspection of the building, as limited herein, shall be made in writing and reported to Company within ten (10) business days of discovery. Client further agrees to allow Company to re-inspect the claimed discrepancy, with the exception of emergency conditions, before Client or Client's agents, employees or independent contractor inspects, repairs, replaces, alters or modifies the claimed discrepancy. Client understands and agrees that any failure to notify Company as stated above shall constitute a waiver of any and all claims Client may have against Company.

G. It is understood and agreed by and between the parties hereto that Company is not an insurer, that the payment for the subject inspection is based solely on the value of the service provided by Company in the performance of a limited visual inspection of the general condition of the structure's systems and components and production of a written inspection report, that because of the limited nature of this inspection the inspection cannot be expected to uncover all defects or deficiencies within the structure and that it is impracticable and extremely difficult to fix the actual damages, if any, which may result from a failure to perform such services. Client understands and agrees that if they are not present at the time of the inspection and therefore do not sign this Agreement that this agreement will form a part of the inspection report, and acceptance of the inspection report by Client shall and payment therefore will constitute acceptance of the terms and conditions of this Agreement.

H. Client agrees to indemnify, hold harmless, and reimburse Savvy Property Inspections for any and all claims by any party based of the visual inspection report from any third party or buyer, with the exception of the liquidated damages provision contained herein for Client. Client agrees to defend and reimburse attorney's fees for any action filed by any third party or buyer, or client for any legal action taken based on the rejection or unavailability of the liquidated damages clause herein. The Client agrees that, to the extent allowed by law, any damages or breach of this contract or report are limited to the amount of the inspection fee only. Furthermore, the Client agrees to pay all attorney fees should the
Client pursue a civil action against the Company, and fail to prevail.

I. This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this agreement. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.

J. 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 or inspection report shall be submitted to final and binding arbitration under the rules of the state. The Arbitrator shall be The Better Business Bureau located in Austin Tx., and decision of the Arbitrator appointed thereunder shall be final and binding judgment on the Award that may be entered in any Court of competent jurisdiction. 

 


 

 


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