Evans Inspection Service
 

                         EVANS INSPECTION SERVICE
                         PO Box 22455  Carson City,  NV,  89721
                                 NV 775-771-2272 / CA 530-307-8719
                                              Member:  INACHI-NACREI - Calif. Compliant - NV Lic. #1195 RES

    Home Inspection Agreement

           This is intended to be a legally binding contract.  Please read it carefully.


Property Address:__________________________________________________________________________________

Client:______________________________________Address:______________________________________________

Phone
_______________________________________Email________________________________________________


THIS AGREEMENT made on:__________________ by and between EVANS INSPECTION SERVICE (Herein after
“INSPECTOR”) and the undersigned (hereinafter “CLIENT”), collectively referred to herein as “the parties.”  The Parties
Understand and Voluntarily Agree as follows:

1.    INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written 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 inspection report.  The report is only supplementary to the seller’s
disclosure.

2.     Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in
accordance with the current Standards of Practice of the STATE OF NEVADA  and the INTERNATIONAL ASSOCIATION
OF CERTIFIED HOME INSPECTORS.  CLIENT understands that these standards contain certain limitations, exceptions, and
exclusions.

3.    The inspection and report are performed and prepared for the use of CLIENT.  INSPECTOR will discuss observations
with real estate agents, owners, repair persons, and other interested parties only upon written permission given by CLIENT on
the following line._____________________________.   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.

4.    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 home
inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection.
Any agreement for such additional inspections shall be in a separate writing or noted here:
____________________________________________________.

5.    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, his 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 (A) to reflect the fact that actual damages may be difficult and impractical to
ascertain; (B) to allocate risk among the INSPECTOR and CLIENT; and (C) to enable the INSPECTOR to perform the
inspection at the stated fee.
                                                                              
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.

7.    In the event a dispute shall arise between the parties to this Agreement, it is hereby agreed that the dispute shall be settled
by Binding Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon.  In the event a
party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s
award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend
or enforce the award.

8.    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 INSPECTOR has his principal place of business.  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.

9.    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
agrees to have no claim against INSPECTOR after one year from the date of inspection.

10.    HOLD HARMLESS AGREEMENT:  CLIENT agrees to hold any and all real estate agents involved in the purchase of the
property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense by reason of acts or
neglects of the INSPECTOR or its employees or of independent contractors engaged or paid by INSPECTOR for the purpose
of inspecting the subject home.

11.    Payment of the fee to INSPECTOR (less any deposit noted below) is due upon completion of the on-site inspection.  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 entity.

12.    Fee for the Home Inspection is $____________  Minus 10% if paid at time of Inspection.   Total Fee: $____________


13.  Client has carefully read and understood the foregoing, agrees to it and acknowledges receipt of a copy of this  agreement.
(If unsigned, delivery and payment for the inspection report shall constitute acceptance of all terms listed herein.)


Client:__________________________________________________________Date:__________________


Client:__________________________________________________________Date:__________________


Inspector:  _____________________________________NV Lic # 1195        Date:_________________



Payment Record:  Inspection Fee:___________            Paid By:   Check_____ Cash_____  Escrow_____


Title Company _____________________________________________Escrow #____________



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