This Inspection Agreement contains the terms and conditions of your (Client) contract with Northern Tropical Inspection Services (Company/Inspector) for an Inspection of the Property at the above address. This Inspection Agreement contains limitations on the scope of the inspection, remedies and liability.
PLEASE READ CAREFULLY. By signing below, the Client warrants they will read the entire inspection report when received and shall promptly call with any questions or concerns, the client
may have regarding the inspection or inspection report. This inspection is being performed for the exclusive use and benefit of the Client. The inspection, including the written Report is not to be transferred to, utilized or relied upon by any other person or entity without prior written permission of the Company.
1. INSPECTION AND DUTIES
The company agrees to perform a limited visual inspection of the home/building as they exist at the time of inspection and for which the client agrees to pay a fee. The company will provide you with a PDF report identifying the defects observed and deemed material.
2. DISCLAIMER OF WARRANTY
Client understands that the inspection and inspection report do not, in any way, constitute a (1) guarantee, (2) warranty of merchantability or fitness for a particular purpose, (3) express or implied warranty, or (4) insurance policy. Additionally, neither the inspection nor the inspection report are substitutes for any real estate transfer disclosures which many be required by law. The report is only supplementary to the seller’s disclosure.
3. NOTICE AND STATUE OF LIMITATIONS
Client agrees that any claim for negligence, breach of contract or otherwise, be made in writing and
reported to the company within seven (7) business days of discovery in sufficient detail with
supporting documentation that we can evaluate. Client further agrees to allow the inspector
immediate access to the premises for the opportunity to re-inspect the claimed discrepancy, with the
exception of emergency conditions, before client or client’s agents, employees or independent
contractor’s repairs, replaces, alters or modifies the claimed discrepancy. Client understands and
agrees that any failure to notify the inspector stated above shall constitute a waiver of any and all
claims the client may have against inspector and thus releases the company/inspector from liability.
Any legal action must be brought within one (1) year from the date of the inspection, failure to bring
said action within one (1) year of the date of the inspection is a full and complete waiver of any
rights, actions or causes of action that may have arisen therefrom. Time is expressly of the essence
herein. This time period may be shorter than otherwise provided by law. Client agrees that the
exclusive venue for any litigation arising of this agreement shall be in Belize City, Belize. If
client fails prove any claim against company/inspector all legal costs, expenses, court fees and
attorney fees in association with the claim brought against the company/inspector will be the
responsibility of the client.
4. LIQUIDATED DAMAGES ” LIMITED LIABILITY CLAUSE
Due to the nature of the services we are providing, it is difficult to foresee or determine (at the time
this agreement is formed) potential damages in the event of negligence or breach of this agreement
by us. Thus, if we fail to perform the services as provided herein or are careless or negligent in the
performance of the services and/or preparing the report, our liability for any and all claims thereto is
limited to the fee paid for the services and you release us from any and all additional liability,
whether bases on contract, tort, or any other legal theory. There will be no recovery for
consequential damages. You understand that the performance of the services without this limitation
of liability would be more technically exhaustive, likely require specialties and would cost
substantially more than the fee paid for this limited visual inspection. You understand that you are
free to consult with another professional if you do not agree to this provision.
CLIENT OR CLIENT’S REPRESENTATIVE HAS CAREFULLY READ THE FOREGOING,
AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.The client agrees to be bound by the provisions of this limitation of liability provision by initialing here.
5. ENVIRONMENTAL AND HEALTH ISSUES
The client specially acknowledges that a Property Inspection is NOT an Environmental Survey and is
not intended to detect, identify, disclose or report on the presence of any actual or potential
environmental concerns or hazards in the air, water, soil or building materials. Such environmental
concerns and hazards include but are not limited to asbestos; “Chinese Drywall”; radon; lead, urea
formaldehyde; mold; mildew; fungus; odors; noise; toxic or flammable chemicals; water or air
quality; PCB’s or other toxins; electro-magnetic fields; underground storage tanks; proximity to toxic
waste sites; carbon monoxide. You agree to hold the company and inspector harmless for any injury,
health risk or damage caused or contributed to by these conditions.
6. LIMITATIONS, EXCEPTIONS AND EXCLUSIONS
The inspection only includes those systems and components expressly and specifically identified in
the inspection report. The inspection limitations, exceptions and exclusions in the Standards of
Practice are incorporated herein. In addition, any area which is not exposed to view, is concealed, is
inaccessible because of soil, walls, floors, carpets, ceilings, furnishing or in any other fashion is
excluded. The inspection does not include any destructive testing or dismantling. The following
systems and components and areas are among those NOT included in the Inspection or Inspection
Report.
– Latent or concealed defects, compliance with code or zoning ordinances or permit research or
system or component installation or recalls.
– Structural, geological, soil, wave action or hydrological stability, survey engineering, analysis or
testing.
– Termites or other wood destroying insects and or organisms, rodents or other pests, dry-rot or
fungus; or relating to the proceeding.
– Private water, sewage systems, water softeners or purifiers, radiant heat systems or solar heating
systems.
– Pools, spas, hot tubs, saunas, steam baths, fountains or other types of or related systems and
components.
– Repair cost estimates or building value appraisal.
– Thermostatic or time clock controls, radio controlled devices, automatic gates or elevators, lifts,
dumbwaiters.
– Free standing appliances and gas appliances such as fire pits, barbecues, heaters and lamps. Main
gas shut off valve. Any gas leaks. Furnace heat exchangers.
– Seismic safety, security or fire safety systems or security bars and /or safety equipment.
– Any adverse condition that may affect the desirability to the property including but not limited to
proximity to railroad tracks or airplane routes, boundaries, easement or rights of way, adjoining
properties or neighborhood.
– Unique/technically complex systems or components, system or component life expectancy or
adequacy or efficiency of any system or component.
7. GOVERNING LAW & SEVERABILITY
If any portion of this agreement is found to be invalid or unenforceable by any court or arbitrator the
remaining terms shall remain in force between parties.
8. RECEIPT OF REPORT
The company’s agreement to perform the inspection is contingent on the client’s agreement to the
provisions, terms, conditions and limitations of this agreement. Failure to return the written
inspection report and payment of the fee shall constitute the full acceptance of all the terms of this
agreement by client.
9. OTHER SERVICES
It is understood and agreed to by the parties hereto that all the provisions, limitations, exceptions
and exclusions of the agreement shall apply to any optional services entered into by the parties.
10. ENTIRE AGREEMENT, MODIFICATION AND 3rd PARTIES
This agreement represents the entire agreement between the parties. No oral agreements,
understandings or representations shall change, modify or amend any part of the agreement. No
change or modification shall be enforceable against any party unless such change or modification is
in writing and signed by the parties and supported by valid consideration. 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. If there is more than one (1) client,
you are signing on behalf of all of them, and you represent that you are authorized to do so.
I have read, understand and agree to all the terms and conditions of this contract and to pay the fee
listed above.