Roger Hammond (hereinafter "INSPECTOR") and the purchaser of this report (hereinafter "CUSTOMER"), collectively referred to herein as "the parties." The parties understand and voluntarily agree as follows:
INSPECTOR agrees that he performed a visual inspection of the home/building and is providing CUSTOMER with a written report identifying the defects that INSPECTOR both observed and deemed material. The report is only supplementary to the seller's disclosure.
INSPECTOR has performed the inspection in accordance with the current standards of practice of the State of Washington. CUSTOMER understands that these standards contain limitations, exceptions, and exclusions.
The inspection and report are for the use of the CUSTOMER, who gives the INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. CUSTOMER is not permitted to sell, transfer, or assign the inspection report. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. INSPECTOR'S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. CUSTOMER understands INSPECTOR is offering this report to any and all parties interested in purchasing a copy.
INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the consultation is taking place, unless the INSPECTOR holds a valid occupational license, in which case he/she may inform the CUSTOMER that he/she is so licensed, and is therefore qualified to go beyond this basic home consultation, and for additional fee, perform additional consultations and/or home inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate agreement.
The inspection does not include verification of mold, lead, asbestos, or other environmental hazards or violations. The consultation does not verify the quality of air, soil, or water unless agreed to in writing in the pre-inspection agreement.
In the event of a claim against INSPECTOR, CUSTOMER agrees to supply INSPECTOR with the following: (1) written notification of adverse conditions within 14 days of discovery; and (2) access to the premises. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind. INSPECTOR'S total liability is limited to the amount paid to the INSPECTOR for the inspection performed.
In the event that CUSTOMER fails to prove any adverse claims against INSPECTOR in a court of law, CUSTOMER agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
If any court declares any provision of this agreement invalid or unenforceable, the remaining provisions will remain in effect. This agreement represents the entire agreement between the parties. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by both parties. This agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors, and assignees. CUSTOMER shall have no cause of action against INSPECTOR after one year from the date of the consultation.
The above is understood and agreed to, and CUSTOMER acknowledges receipt of a copy of this agreement.