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[HAVE
YOUR LOCAL ATTORNEY USE THIS AGREEMENT TO GET IDEAS FOR WRITING AN EVEN
BETTER TESTING AGREEMENT THAT IS VERY CUSTOMIZED TO YOUR STATE AND TO YOUR
INDIVIDUAL NEEDS.]
MOLD
INSPECTION & TESTING AGREEMENT
PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE SIGNING
Agreement Date: _________________________
Client Name:
____________________________________________________________
Realtor name,
address, and phone [if any]: _____________________________________
________________________________________________________________________
Client mailing
address: ____________________________________________________
________________________________________________________________________
Client daytime
phone: (____)________________________________________________
Address of
property to be inspected: __________________________________________
_____________________________, hereinafter called "Subject Property,"
which the
Client
represents to have been originally constructed on or about [year of
construction if
known to, or as
estimated by, the property owner]: _______________________________
Inspection and
testing date: ______________________
$_________
Inspection and Testing Fee Paid by: ____________________________
THIS AGREEMENT, made and entered into on the Agreement Date indicated
above, by and between the above named Client and the undersigned
________________, hereinafter referred to as "Inspector."
The
Inspector will provide the following services to Client:
(1) Visually
inspect the subject property to check for water damage and mold
infestation. In doing such visual inspection, the Inspector will use where
the Inspector believes to be a appropriate a hidden moisture meter, a
fiber optics inspection device, and a hygrometer;
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(2) Take ______
mold tests [including laboratory analysis] at the Subject Property. Each
additional test [including laboratory analysis] shall be $_______.
(3)
Provide a written report of the Inspectors' visual inspection observations
and explanation of laboratory test results, if the total inspection and
mold testing fee exceeds $ ____________________.
The
inspection and testing shall be performed in accordance with the Standards
of Practice of the Certified Mold Inspectors and Contractors Institute.
The
inspection is not a Building Code Inspection, title examination, home
inspection for problems other than water and mold, or a by-law compliance
inspection. The Inspector does not offer an opinion as to: (a) the
advisability or inadvisability of the purchase, sale, or repair or
replacement of the property or its components such as, but not limited to,
appliances, carpeting, heating, ventilating, and air conditioning
equipment and ducts; (b) the property's value; or; (c) the property's
potential use.
The
Inspection and Testing fee, and any report based on the inspection and
testing conducted, is based on a single visit to the property. Additional
fees may be charged for any subsequent visits required by the Client. If
the Inspector is called upon to prepare for litigation of give testimony
as a result of the Inspection and Testing, additional fees shall be
charged at the Inspector's then currently fees for any time spent,
including, but not limited to, research, consultation, additional
inspection and testing time, additional mold laboratory test fees,
preparation of reports, travel, time waiting to testify and court
appearances or depositions.
The
inspection and testing report is based on the condition of the Subject
Property existing and apparent on the precise time and exact date of the
inspection. Not all conditions may be apparent on the inspection and
testing date due to weather conditions, inoperable systems,
inaccessibility of areas of the Subject Property, or for other reasons.
The Client understands and agrees that the Inspector's inspection and
testing can report only: (1) water and mold problems in existence on the
date of the inspection and testing; and (2) water and mold problems
physically present in the precise and exact Subject Property locations
that are actually inspected and tested. 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 samples can only report the presence of mold
spores in the individual heating, ventilating, and air
conditioning ducts in which air tests or swab samples are taken. The
Inspector's hidden moisture meter can only detect wet conditions
three-fourths of an inch into building materials tested, and only in
locations actually tested by the Inspector. The Inspector's fiber optics
inspection device can only detect mold growing in each individual wall or
ceiling cavity actually inspected by the Inspector. In other words, the
Inspector can not report on areas or locations in the building that have
not been specifically inspected and tested.
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The Inspector is not responsible or liable for the
non-discovery of any water damage, water problems, or mold contamination
or mold problems, or other conditions of the Subject Property, or any
other problems which may occur or may be evident after the inspection and
testing time and date. Inspector is not an insurer nor guarantor against
water problems, mold problems, or other defects in the Subject Property
and improvements, systems, or components inspected. Inspector makes no
warranty, express or implied, as to the fitness for use or condition of
the systems or components inspected. Inspector assumes no responsibility
for the cost of repairing any water problems, mold problems, or any other
defects or conditions. Inspector is not responsible or liable for any
future water problems, mold problems, or any other future failures or
repairs.
Inspector and
its employees are limited in liability to the fee paid for the inspection
and testing services and report in the event that Client or any third
party claims the Inspector is in any way liable for negligently performing
the inspection or testing, or preparing the Inspection and Testing Report,
or for any other reason or claim that Inspector has not fully satisfied
all it obligations hereunder. Client hereby agrees to indemnify, defend
and hold harmless Inspector if any third party brings claim against
Inspector relating to the inspection and testing, or Inspection and
Testing Report.
This agreement is governed by the laws and jurisdiction of the State of
_______. Any controversy or claim 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, the actual
inspection and testing services rendered by Inspector, The Inspection and
Testing Report provided to the Client by 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
damages are specifically excluded.
In
the event that any dispute arises out of the Inspection, Testing, or
Report, and proceedings are commenced by the Client, 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 al the time spent by the Inspector
or Inspector's personnel in investigating, research, preparation for, and
attendance at arbitration or court hearings and examinations.
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Any
claims must be presented to the Inspector in hand by certified U.S. mail
or suitable proof of delivery within one (1) year from the date of the
Inspection. Inspector shall have no liability for any claims presented one
(1) year after the date of the inspection and testing. Client guarantees
Inspector a right to examine the subject matter and area of any claim and
offer a resolution prior to Client's performance of remedial measures
(except in the event of an emergency, or to protect for personal safety,
or to reduce avoid damage to property). This is a condition precedent to
Client's claim.
This Agreement and the documents referred to herein constitute the entire
Agreement between the parties hereto, and supersede 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 hereto. If any provision of this agreement in held invalid or
unenforceable by any court of final jurisdiction, it is the intent of the
parties that all other provisions of this Agreement be construed to remain
fully valid, enforceable, and binding on the parties.
THE
INSPECTION, TESTING, AND INSPECTION AND TESTING REPORT 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.
Having read and fully understanding the Agreement, I (we) hereby authorize
the inspection and testing of the Subject Property.
_________________________________ ___________________________________
Client
Signature Spouse's
Signature
_________________________________
Inspector
Signature
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