1.Address: The address the property to be Tested:__________________________________________________
2.Fee: The fee for the Testing service is $ _________________ and is based on a single visit to the property. The Testing is not technically exhaustive. The fee charged for this Testing is substantially less than that of a technically exhaustive inspection.
3.Purpose: The purpose of the testing is to determine the functional condition of the onsite wastewater treatment system by performing a limited visual inspection of the plumbing system, property, and septic tank.
4.Scope: The scope of the Testing is limited to the readily accessible areas of the property, a functional inspection of the home plumbing system, and the locating of the tank and inspection hatch/es. The Inspector will make an observation of the tank contents including measurement of mat and sludge depth, and attempt to locate, map, and mark unobtrusively the drainfield and distribution area.
As a courtesy the INSPECTION COMPANY may point out conditions that contribute to Septic system failure if present but such comments are not part of the bargained for report.
5.Report: CLIENT will be provided with a written report of the INSPECTION Company's visual observations and copies of the system map. The INSPECTION COMPANY is not able to determine the functionality of underground weeping pipe however if the wastewater system is in use and functioning from source to outfluent tank outlet, it is assumed barring evidence to the contrary that the drainfield is functioning and serviceable. The report is not intended to comply with any legal obligations to disclosure.
6.Exclusivity: The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the INSPECTION COMPANY no obligation or duty to any other party. The report is time sensitive in that conditions change from one day to the next INSPECTION COMPANY 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 life safety or health concern.
7.Limitation of Liability: It is understood the INSPECTION COMPANY and the laboratory are not insurers and that the testing and report shall not be construed as a guarantee or warranty of any kind. The CLIENT agrees to hold the INSPECTION COMPANY and 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, property, or for repairing or replacing, or liability for consequential damage arising out of or in connection with this inspection.
8.Limitations Period: Legal action arising out of this Agreement or its subject matter must be commenced within one year from the date of the Inspection 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.
9.Litigation: 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 its principal place of business. INSPECTION COMPANY is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorneys fees of the COMPANY defending said claims. The CLIENT further agrees that the International Association of Certified Home Inspectors, Inc. (“Association”) is not a party to this Agreement, and any action against it or its officers, or employees allegedly arising out of this Agreement or INSPECTION COMPANY/s relationship with be brought only in the District Court of Boulder County, Colorado. If the Association substantially prevails in any such action, the CLIENT shall pay all legal costs, expenses and attorneys fees of the Association in defending said claims.
10.Severability: If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect.
11.Entire Agreement: This Agreement represents the entire agreement between the PARTIES for a
Functional Septic Inspection. No statement or promise made by the INSPECTION COMPANY or its respective officers, agents or employees shall be binding.____________________________________________________________
CLIENT(Date)
