AUTHORIZATION FORM, below
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    Even if not applicable, simply enter “N/A”, so it's not blank!
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    This certifies you've read & agreed to the conditions & terms listed below.
    Thanks!
    Jeanne & Russell

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    Authorizations and Terms -   The Parties Understand and Voluntarily Agree as follows:
     
    A) Full / Platinum Inspection:
     1. INSPECTOR GUARANTEES to perform an unaccompanied visual, non-invasive inspection of the accessible areas of the home/building and to provide CLIENT with a written emailed (only) inspection report identifying the defects that INSPECTOR both observed and deemed material.  INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report.  The report is only supplementary to the seller’s disclosure.  This product is relayed to the client, whose responsibility it is to read, interpret and act upon it. A licensed contractor should evaluate all noted concerns and adjacent areas, and certify that repairs have been accomplished properly and according to code; Inspector can not legally certify any repairs.  In all cases, a licensed roofer should evaluate any roof that is over 7 years old, and a licensed HVAC tech should evaluate the Heat Exchanger of any combustion furnace or appliance, prior to closing.  Inspector denies any liability, as he has no authority to require that any party accomplish anything mentioned or suggested in this report. 
     2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of the National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm.  Although INSPECTOR agrees to follow NACHI’s Standards of Practice, CLIENT understands that these standards contain certain limitations, exceptions and exclusions, such as sealed areas, sprinkler systems, spas, attic areas without permanent flooring, any crawlspace areas with less than 36" clearance, etc.  CLIENT also understands that NACHI is not a party to this Agreement and that NACHI has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR.  Unless otherwise agreed, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon, mold, narcotics, compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, methamphetamines or other drugs, and other environmental hazards or violations.
     3. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties.  INSPECTOR accepts no responsibility for use or misinterpretation by third parties.   INSPECTOR’S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected pursuant to this Agreement is a log home, log structure or similar log / unconventional construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection.  Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection.
     4.  INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive.  CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.
     5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic inspection.  Any agreement for such additional inspections shall be in a separate writing.
     6. In the event of a claim against INSPECTOR, CLIENT 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.  CLIENT agrees to submit, in lieu of litigation, any disputes which may arise in connection with the Inspection of the subject property, to mediation / arbitration under the Rules of the National Association of Certified Home Inspectors’ Alternate Dispute Resolution Service (www.nachiadrs.com) or its successors. The Client and Inspector acknowledge that they are bound by the Terms and Conditions of the Inspection Agreement, and that the outcome of any mediation and/or arbitration may be based upon those very Terms and Conditions, and with substantial compliance with the Standards of Practice of NACHI.  The Client further agrees to be responsible for all costs associated with the request for mediation/arbitration.  The Client understands that, under the Terms of this Agreement, mediation and arbitration proceedings shall be governed and followed as prescribed under the Rules for Mediation, and the Rules for Arbitration, are set forth by ADRS. Proceedings shall first attempt to reach a voluntary settlement under the Rules for Mediation. Should mediation fail to produce a voluntary settlement, and based upon information conveyed during the proceedings, ADRS shall then render a final decision as to the outcome of the action sought under its Rules regarding Arbitration. Both Parties agree to hold the Mediator / Arbitrator, NACHI, and ADRS, harmless from the results of any sought action, or resolution reached through the process.  The parties agree that any litigation subsequent to the ADRS process shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has his principal place of residence / business (Bonner County, Idaho). In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
     7. HOLD HARMLESS AGREEMENT:  This contract is between the CLIENT and INSPECTORS; any real estate agents or other referring parties are to be held exempt.
     8. 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.  All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein.  No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR.  No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties.  This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.  CLIENT shall have no cause of action against INSPECTOR after 90 days from the date of the inspection.  No action is enforceable against INSPECTOR if CLIENT does not complete a documented on-site inspection within 24 hours prior to closing and have a licensed contractor evaluate all noted comments and related areas before close of escrow. 
     9. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any.  If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
     10. Neither this Agreement nor the Inspection Report is transferable or assignable.  A licensed contractor should evaluate all noted comments and concerns in the Inspection Report prior to close of escrow.  It is the CLIENTS responsibility to conduct and document a personal re-inspection of the inspected property, using the contracted report as a guide for comparison, within 24 hours prior to closing.

      
    B) Mold Sampling Agreement:
     1.  Purpose:  The purpose of the visit is to collect samples (air, swab or bulk) of suspected mold from mutually agreed locations to be analyzed by a laboratory. 
     2.  Scope:  The scope of the sampling is limited to the readily accessible areas of the property; attics and crawlspaces are viewed from hatch areas only.   The sampling is based on the condition of the property at the precise time and date of the visit and on the laboratory analysis of the samples collected.   Mold can exist in inaccessible areas such as behind walls and under carpeting.  Furthermore, mold grows.   As such, the report is not a guarantee that mold does or does not exist.  The report is only indicative of the presence or absence of mold in sampled areas.  As a courtesy the INSPECTION COMPANY may point out conditions that contribute to mold growth but such comments are not part of the bargained for service. 
     3.  Report:  The CLIENT will be emailed a copy of the results of the laboratory report of the samples collected, "usually" within five business days of visit.  However, with the advent of COVID 19, lab results have occasionally taken up to 15 business days.  We have no control over, nor liability for, the speed of delivery to the lab, nor the speed at which they process the samples.  We can make inquiries regarding shipping tracking numbers or lab progress on your behalf.  In the case of delays out of our control beyond 15 business days, we are willing to re-test and re-submit samples for you at 1/2 the original fee, as a courtesy.  Alternatively, in delays out of our control beyond 15 business days, you may request 50% of our fee to be returned to you.  Again, this is a courtesy to you, with no culpability on our part.  Re-test and re-submission fees during the 15 business day period are borne fully by the client. 
    ​Please note:      The INSPECTION COMPANY is not able to interpret, interpolate or expand upon the laboratory report.
     4.  Exclusivity:  The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the INSPECTION COMPANY has no obligation or duty to any other party.  INSPECTION COMPANY accepts no responsibility for use by third parties.  There are no third party beneficiaries to this agreement.   This Agreement is not transferable or assignable.  Notwithstanding the foregoing, the CLIENT understands that the INSPECTION COMPANY may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern.
     5.  Limitation of Liability:  It is understood the INSPECTION COMPANY and the laboratory are not insurers and that the sampling, laboratory analysis and report shall not be construed as a guarantee or warranty of any kind.  The CLIENT agrees to hold the INSPECTION COMPANY and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this sampling.
     6.  Limitations Period:  Mold presence and growth fluctuates daily; any legal action arising out of this Agreement or its subject matter must be commenced within thirty days from the date of the sampling or it shall be forever barred.  The CLIENT understands that this limitation period may be shorter than the statute of limitations that would otherwise apply.
     7.  Litigation:  The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTION COMPANY has its principal place of business (Bonner, ID).  If INSPECTION COMPANY is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorney’s fees of the INSPECTION COMPANY in defending said claims. 
     8.  Severability:  If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect.  
     9.  Entire Agreement:  This Agreement represents the entire agreement between the PARTIES.  No statement or promise made by the INSPECTION COMPANY or its respective officers, agents or employees shall be binding.
     10.  PAYMENT is due at time of onsite inspection and prior to delivery of laboratory report.  CLIENT has carefully read the foregoing, understands it, and voluntarily agrees to it.