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512.934.8789
scott@ppiinspect.com

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Please review my Service Agreement as it is the contract for my services. PLEASE NOTE: As part of a home inspection I DO NOT inspect the following:Temperature Pressure Relief Valves (TPRV) on water heaters, smoke and carbon monoxide detectors, clay or concrete tile roofs, pools/spas/ septic or well systems, washing machine and refrigerator water control valves in vacant homes. Condo inspections encompass only the interior of the unit. Please let me know if you have any questions regarding this disclosure.

 

INSPECTION AGREEMENT

Inspection Address:
Client(s) Name:
Total Fees:    Paid By:    Date: 

Client (Named above) requests a limited visual structural/mechanical real estate inspection of the subject property to be conducted by Scott Lawton Phillips of Phillips Property Inspections L.L.C., herein after known as the Inspector. The client warrants that they will carefully read the entire inspection report when they receive it, and will promptly call the inspector with any questions they may have at (512) 934-8789, or in writing: 3502 Eldorado Trail, Austin, TX, 78739. Client and inspector understand that they are bound by all the terms of this agreement.   

1. FEES: Client agrees to pay fee stated above for the performance of the inspection. The fee is estimated and based on the specific criteria provided by Client or their Agent. The Inspector has the right to adjust the fee if the provided information is found to be incorrect. A twenty five dollar ($25) charge is applied for all returned checks. Payment must be received & this contract agreed to prior to the release of any reports.

2. SCOPE OF INSPECTION: The purpose of this inspection is to inform the client of visually observable major deficiencies in the condition of the inspected systems at the time of the inspection. The inspection is a non-invasive limited visual examination of the inspected systems. The inspection and report is not intended to be technically exhaustive, nor is it intended to identify every detail about the property as it is virtually impossible to fully profile any building with any reporting system. The inspection shall be performed in accordance with the Standards of Practice of the Texas Real Estate Commission (TREC).

3. WHAT’S NOT INSPECTED: The Inspector will not be responsible for inspecting the following: playscapes, water softening equipment, septic systems, ejector pumps, refrigerators, clothes washers and dryers, alarm systems, smoke detectors, community common areas, gas lines, phone and cable lines and outlets, gas tanks, and any obstructed and inaccessible item. Pools and spas may be inspected at inspector's discretion, and would be a general overview of the pool/spa and equipment. I recommend that you contact a pool service company or contractor for specific details regarding the equipment and maintenance of the pool and for a bid to repair any damaged component. Water samples are not taken and valves are not operated during the overview inspection of the pool/spa. In addition, the inspection and report do not, and are not intended to address, asbestos, radon gas, radiation, lead paint, urea formaldehyde, toxic or flammable chemicals or substances, molds of any kind, water or airborne diseases, rodents and insects. The inspection and report does not address building code and regulation compliance.  The inspection does not include findings or opinions of the following: durability, environmental concerns, efficiency, fitness for a particular purpose or use, flood risks, underground plumbing or utilities, future life or future performance of foundations, structural framing, mechanical equipment, roofing, insurability, quality, or safety of any item. The client is urged to contact a competent specialist if inspection of any the above is desired.

4. LIMITED WARRANTY: The inspection and report IS NOT TO BE CONSIDERED A GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE CONDITIONS OF THE PROPERTY, ITEMS AND SYSTEMS INSPECTED and it should not be relied on as such. The Inspector shall not be held responsible or liable for any repairs or replacements with regard to this property, systems, components, or the contents therein. Client waives any claim for consequential, exemplary or incidental damages. Client acknowledges that the Inspector warrants only that the inspection will be performed in accordance with the scope herein, the inspection report & the standard of practice of the Texas Real Estate Commission. This is a limited and nontransferable warranty and is the only warranty given by the Inspector. The Inspector makes and Client receives no other warranty, expressed or implied. All other warranties, including warranties of merchantability and fitness for a particular purpose, are expressly waived by the Client.

5. LIMITATIONS ON LIABILITY: The liability of the Inspector is strictly limited to the specific areas which were inspected and which were completely accessible at the time of the inspection. If images are provided to the Client, these images may not be used as evidence against the Inspector in any controversy whatsoever. The Client agrees that the Inspector will have no liability for failing to detect a defect, malfunction, inoperative condition, or necessity for repair where the defect, malfunction, inoperative condition or necessary repair was concealed, obstructed or covered up, weather intentional or otherwise. The Inspector’s total liability in the event of any breach of this Contract or of its obligations imposed by law or for any losses, damages, claims or demands arising out of the work and services performed under this contract, SHALL BE LIMITED TO THE AMOUNT OF THE FEE CHARGED FOR THE INSPECTION. Except as provided herein, the Inspector shall not be liable for or obligated in any manner to pay any losses, damages, claims or demands arising out of the work or services performed by it under this contract. Client assumes the risk of losses greater than the refund of the fee paid herein.

6. CONFIDENTIALITY OF REPORT: The report is confidential and is for the sole and exclusive private use of the Client. It is not to be copied or disseminated to any other party without the expressed written consent of the Client. Use of or reliance upon the report by other parties, of for other transactions, is strictly prohibited. No third party shall have any rights arising from this contract or the report and may not rely on the report. In consideration of the furnishing of the report, the client agrees to indemnify, defend, and hold harmless the inspector for all costs, legal fees, awards, settlements, and judgments in any legal proceedings brought by any third party who claims that he/she relied on representations made in such report and was damaged thereby.

7. DISCLOSURE: Client requests and authorizes the Inspector to disclose information and provide a copy of the report to real estate agent(s) sellers, attorneys, and other parties intimate with the transaction. Inspector authorizes client to provide a copy of the report to the seller, lender, and the real estate agents in this transaction. Client agrees to indemnify, defend, and hold harmless the inspector for all costs, legal fees, awards, settlements, and judgments in any legal proceedings brought by any third party who claims that he/she relied on representations made in such report and was damaged thereby.

8. DISPUTE RESOLUTION: The Client understands and agrees that any claim for failure to accurately report the major visible defects, as limited herein, shall be made in writing to Phillips Property Inspections, 3502 Eldorado Trail, Austin, TX 78739 and reported to the Inspector within 10 business days of discovery. The Inspector agrees to respond promptly to any legitimate complaint and to re-inspect the portion of the property related to the claimed condition. Client further agrees that the Client and its agents, employees or independent contractors will make no alterations, repairs or replacements to the claimed condition prior to a re-inspection by the Inspector. Client understands and agrees that any failure to timely notify the Inspector and allow adequate time to investigate and re-inspect as stated above shall constitute a complete bar and waiver of any and all claims Client may have against the Inspector related to the alleged act, omission or claimed condition. Client agrees that if any controversy of claim arising out of or relating to this contract, or breach thereof, shall be settled first by direct discussions secondly by mediation whereas both parties shall share equally the costs of the mediator and lastly by final, binding, non-appealing arbitration whereas both parties shall share equally the costs of the Arbitration. The parties shall mutually agree upon an Arbitrator who is familiar with the real estate inspection industry and the TREC Standards of Practice. If a lawsuit is filed by the Client against the Inspector and the Inspector successfully defends against the claim, of the Client, the Client agrees to pay the Inspector reasonable attorney fees, court costs and expenses incurred in defending against such claims. If a lawsuit is filed by the Inspector to collect monies due an owing under this contract, Client agrees to pay the Inspector reasonable attorney’s fees, court costs and expenses incurred in such lawsuit.

9. STATUTE OF LIMITATIONS: The parties agree that no claim, demand, or action, whether sounding in contract or in tort, may be brought to recover damages against the Inspector, or its officers, agents, or employees MORE THAN ONE YEAR AFTER THE DATE OF INSPECTION. Time is expressly of the essence herein. Client understands that this time period may be shorter than otherwise provided by law.

I HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS.  IF CLIENT IS MARRIED, CLIENT REPRESENTS THAT THIS IS A FAMILY OBLIGATION OCCURRED IN THE INTEREST OF THE FAMILY, AND THE CLIENT REPRESENTS THE SPOUSE OR PARTNER IN THIS MATTER. ACCEPTANCE OF THE INSPECTION REPORT CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS.


Client                                                                                           Date                  

Inspector        __________                                     TREC #  9351   Date