Inspectors,
please ask your local attorney to read this agreement to get ideas for
writing an even better inspection and testing agreement that is very
customized to protect your own mold corporation [such as a L.L.C.] and
yourself based on your state’s laws and your individual needs.
Get your mold corporation established before signing any agreements for the
corporation.
MOLD INSPECTION & TESTING AGREEMENT
[sample only for your attorney]
PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO SIGNING
This agreement is between ______________________________________, hereafter
called “Inspector,” which hires Certified Mold
your
mold corporation’s name
Inspectors, as independent contractors, to do mold inspection and testing on
behalf of the company’s mold inspection and testing clients, of
________________________________________________________________________________________________________,
and
______________________________________________________________________________________________________,
full name[s] of your client[s]
hereinafter called "Client," of
____________________________________________________________________________________
complete
mailing address of your clients
who, on this _______________________ day of ________________________,200_,
herein mutually agree to the following terms of agreement:
1. Client herein hires the Inspector to provide only the
below specified mold inspection/testing services for the Client’s:
c
home c
condominium
c
apartment c
office/workplace c
other:
_______________________________________
located at:
________________________________________________________________________________________________,
hereinafter called “Subject Property,” which is:
c
owned c
rented
by the
Client, and used as the Client’s
c
residence
c
apartment c
rental
investment c
workplace c
other:
_______________________________________________________
c
Physical examination of the home or building for evidence of possible mold
contamination.
The Inspector will visually inspect the subject property home or building
for visual evidence of mold infestation. In doing such visual inspection,
the Inspector will use non-invasive inspection procedures such as using the
senses of smell and sight, a hidden moisture, meter and a hygrometer.
Professional Fee: $__________
c
Examination via fiber optics inspection.
The Inspector will use fiber optics to look inside wall and ceiling cavities
for evidence of hidden mold growth. Professional Fee: $ __________ for each
separate fiber optics entry and visual inspection inside each entry point,
such as through the gaps around ceiling lights, electrical wall outlets,
electrical light switches, and/or one-half inch diameter holes drilled [and
then re-filled after inspection] in areas in which the Client wishes to pay
for fiber optics inspection.
c
Collect mold samplings [mold tests]. The Inspector will obtain and
provide mold lab-written mold laboratory analysis and mold species
identification of the collected samples. Professional Fee. $____________ for
each mold sample collected and lab analyzed for mold species identification.
Projected minimum number of mold tests to be performed is ___________,
multiplied by the above billing rate, resulting
in a minimum mold sampling cost of $______________.
c
Photographs. If visible physical signs of mold growth and/or water
damage or obvious construction defects or maintenance problems are noticed
by the Inspector, the Inspector will do his best effort as a
non-professional photographer to photograph [and properly label the back of
each photo--on in the image itself of digital photographs--as to the precise
physical location for each photo]. One set of color photographs of the most
relevant inspection photographs [or digital files on a floppy disk for
digital photographs] will be provided to the Client. Professional Fee:
$______________
c
Inspector Written Report.
If the total inspection and testing fees above exceed $_____________, the
Inspector shall also provide to Client a written report of the Inspector’s
visual inspection observations and an explanation of the significance of the
mold laboratory analysis and mold species identification findings.
2. Liability Limitations of the inspection and
testing services are as follow:
(a) The mold inspection and mold testing services agreed to
herein shall not be construed as a Building Code Inspection, title
examination, home inspection for problems other than mold, or a by-law
compliance inspection. The Inspector does not and will not offer an opinion
as to: (a) the advisability or inadvisability of the purchase, sale, rental,
or repair or the replacement the property or its components such as, but not
limited to, appliances, carpeting, heating/cooling/ventilation equipment and
ducts; (b) the property’s value; or (c) the property’s potential use.
(b) The mold inspection and testing services described herein,
and any report based on the mold inspection and testing services provided
herein, is based on a single visit to the property on one specific date and
time. Additional fees may be charged for any subsequent visits required by
the Client. If the Inspector is called upon to prepare for litigation or to
give testimony as a result of the inspection and testing described herein,
additional fees and expenses shall be paid for in advance by the Client
including, but not limited to: research, consultations, additional
inspection and testing time, additional mold laboratory test fees,
preparation of reports, travel, time waiting to testify, and time expended
in court appearances or depositions.
{c) The mold inspection and testing services described herein,
and any report of said mold inspection and testing, shall be based solely on
the condition of the Subject Property as existent and apparent on the
precise date and time of the inspection and mold testing. Not all relevant
water and mold conditions may be apparent on the mold inspection and testing
date due to weather conditions, inoperable systems, inaccessibility of areas
of the Subject Property, hidden mold growth which can potentially be
anywhere inside a home or building, and for other reasons. The Client
understands and agrees that the Inspector’s inspection and testing services
can only report: (a) mold problems in existence on the date of the
inspection and testing; (b) mold problems physically visible or detected by
the Inspector on that inspection date in the very precise and exact spots
inside the Subject Property which were actually inspected and tested by the
Inspector. Air tests can only report the presence of mold spores in the air
of each room in which an air sample is taken. Air tests or swab mold samples
can only report the presence of mold spores as to the actual individual
heating/air conditioning/ventilating duct air flows and duct wall surfaces
actually tested. The Inspector’s hidden moisture meter can only detect wet
conditions up to three-fourths of an inch into the building materials
tested, and only for precise locations actually scanned by the Inspector.
The Inspector’s fiber optics inspection device can only detect mold growing
in each individual wall or ceiling cavity actually inspected internally by
the Inspector. In summary, the Inspector can not report on areas or
locations in the home or building that have not been specifically mold
inspected and tested by the Inspector.
(d) The Inspector is not responsible or liable for the
non-discovery of any water damage, water problems, or mold infestation or
mold problems, or other physical conditions of the Subject Property, or any
other problems not found during the mold inspection and testing, or which
may occur or may become only evident after the inspection and testing time
and date. Inspector is not an insurer nor guarantor against water problems,
mold problems, or other home or building defects that may exist in the
Subject Property and its improvements, systems, or components which may have
been inspected. Inspector makes no warranty, express or implied, as to the
fitness for use or condition of the systems or components inspected. The
inspection and testing described herein do not constitute a warranty,
guarantee, or insurance policy of any kind. There are no warranties,
guarantees, or insurance available or provided by the Inspector. Inspector
assumes no responsibility or liability for the cost of repairing any water
problems, mold problems, or any other defects or conditions. Inspector is
not responsible or liable for any undiscovered and/or future water problems,
mold problems, or any other future home or building failures, repairs, or
problems.
(e) Inspector and its independent contractors, employees,
management, and stockholders are limited in liability to the total of the
mold inspection and testing fee paid to the Inspector by Client in the event
that Client or any third party claims that the Inspector is in any way
liable for negligently performing the inspection and/or testing, or in the
preparation of any reports, or for any other reason or claim that the
Inspector has not satisfied all of its obligations hereunder. Client hereby
agrees to indemnify, defend, and hold harmless the Inspector and its
independent contractors, employees, and shareholders if any third party
brings a claim against the Inspector relating to the inspection and testing
services or written report described herein.
(f) Any claims against the Inspector, or its
independent contractors, employees, management, and stockholders, must be presented to the Inspector by certified U.S. mail with
proof of delivery within one (1) year from the date of the inspection and
testing. Inspector shall have no liability for any claim presented more than
one (1) year after the date of the inspection and testing. If there is a
claim made, Client guarantees to the Inspector the right to examine the
subject matter and evidence of any claim and to offer a resolution for any
problems prior to Client’s performance of remedial measures [except in the
case of an emergency, or to reduce or avoid property damage). The
opportunity to reply to a proposed claim is a condition precedent to Client
making any claims against the Inspector.
3. Arbitration. Any controversy or claim made between the
parties hereto, arising directly or indirectly out of, connected with, or
relating to the interpretation of the Agreement, the scope of the services,
and the actual inspection and testing services and report [if any] provided
by the Inspector, or any other matters of any kind involving any act or
omission performed under this Agreement, or promises, representations, or
negotiations concerning duties of the Inspector hereunder, shall be
submitted to arbitration in accordance with the applicable rules of the
American Arbitration Association. The parties shall mutually appoint an
arbitrator who is knowledgeable and familiar with the mold inspection and
mold testing industry. Judgment on any award may be entered in any court
having jurisdiction, and the arbitration decision shall be binding on all
parties. Secondary or consequential or punitive damages are specifically
excluded.
4. Payment of Inspector’s Legal Fees. In the event that any
dispute arises out of the inspection and testing services described herein,
or the written report [if any], and arbitration and/or legal proceedings are
commenced by the Client against the Inspector, if the Client is unsuccessful
in maintaining the claim in arbitration or elsewhere, then the Client shall
be liable to the Inspector for all charges, expenses, costs and legal fees
incurred by the Inspector on a complete indemnity basis, including a
reasonable fee for all the time spent by the Inspector’s personnel in
investigating, researching, preparing for, and attending arbitration or
court hearings and proceedings.
5. Source of Law. This agreement shall be interpreted under
the laws of the state of ________________________.Any litigation between the
parties shall be filed with the _______________________ [name and location
of appropriate court which is most convenient for the Inspector], with the
losing party paying the reasonable attorney fees and costs incurred by the
prevailing party.
6. Entire Agreement. This agreement constitutes the entire
agreement between the parties hereto, and supersedes any and all prior
representations, discussions, or agreements, whether written or oral. No
amendment, change, or variance from this agreement shall be binding on
either party unless mutually agreed to, in writing, and signed by the
parties here. If any provision of this agreement is held invalid or
enforceable by any court of final jurisdiction, it is the intent of the
parties that all other provisions of this agreement shall be construed to
remain fully valid, enforceable, and binding on the parties.
Having carefully read and fully understanding this agreement, I
[we] hereby authorize the mold inspection and testing of the Subject
Property by Inspector..
____________________________________________
______________________________________________
Client Signature
Spouse’s Signature
___________________________________
Authorized signature of manager
[then your mold corporation’s name]
Inspector
|
