Wood Destroying Insect Inspection Agreement (Contract)
THIS IS A LEGAL AGREEMENT. PLEASE READ CAREFULLY BEFORE SIGNING. YOU HAVE THE RIGHT AND IT IS
PRUDENT TO CONSULT AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT IF YOU DO NOT FULLY UNDERSTAND
THE CONDITIONS.
Important Limitations and Disclaimers:
This Pest Inspection Network Report reports on only the address listed and only on the current condition of those items as of the date of
the wood destroying insect inspection. This report reflects only if the property inspected are observed to have active infestation or conducive conditions at the time
of inspection. This report reflects only those items that are reasonably observable at the time of inspection. NO REPRESENTATION OR
COMMENT is made concerning any latent defect or defects not reasonably observable at the time of the inspection or of items which
require the removal of major or permanent coverings. For example, but without limitation, recent repairs, painting or covering may
conceal prior or present insect, leak or other damage which is not reasonably observable by the inspector and no representation or
comment can be made. NO REPRESENTATION IS MADE CONCERNING ANY OTHER CONDITION OR THE FUTURE
PERFORMANCE OF THE STRUCTURE. NO REPRESENTATION IS MADE AS TO ITEMS NOT SPECIFICALLY COMMENTED
UPON. ALL WARRANTIES EXPRESSED OR IMPLIED, NOT SPECIFICALLY STATED HEREIN ARE EXCLUDED AND
DISCLAIMED. If a comment is made concerning the condition of any item, the Client is URGED to contact a qualified SPECIALIST to
make further inspections or evaluations of that item. Client must notify Pest Inspection Network, Inc. in writing of any complaints within
seven (7) days of the date of inspection and must thereafter allow prompt re-inspection of the item in question. Otherwise, all claims for
damages arising out of such complaint are waived by Client. If Client institutes any legal action concerning this inspection and fails to
prevail on all causes of action alleged, Client shall be liable to Pest Inspection Network, Inc. and or its affiliates for all of its attorney’s
fees incurred in such action. Actual damages for any breach of contract or warranty, negligence or otherwise are limited to the amount
of the inspection fee paid. The Client, by accepting this Report or relying upon it in any way, expressly agrees to these Limitations and
Disclaimers.
Client further acknowledges, agrees, and authorizes Pest Inspection Network, Inc. to provide their contact information (including
telephone number) to a third-party service provider (“TSP”), with which Pest Inspection Network, Inc. may affiliate with to offer the
client additional value-added services. Pest Inspection Network, Inc. may in some cases be compensated for making these arrangements
in order to keep inspection prices at a minimum.
For more information concerning your rights, contact the Consumer Protection Division of the Attorney General’s Office, your local
District or County Attorney, or the attorney of your choice.
- Inspector and / or Inspecting company agree to provide inspection services in accordance with this Agreement and render
professional opinions for the purpose of informing the Client(s) listed on the order form (individually or collectively the "Client") of
major deficiencies in the condition of the referenced property submitted on the order form (the "Property"). In consideration for the
inspection services, the Client agrees to pay the inspection fee for this Agreement prior to completion of the inspection and
presentation of the WDI (Termite) Inspection Report.Additional fees apply for return visits that may be required to complete an
inspection where items or systems we’re not ready or deemed safe to originally inspect. All return visit fees are charged at a rate of a
minimum $50 fee. Additional fees for travel and time may apply depending on the quantity of items to inspect and property
location
- What is Inspected: In exchange for an Inspection Fee as agreed to (Services Provided), the Inspector will (a) inspect the Property.
The inspection shall include a non-exhaustive evaluation of the property. The Inspector will perform an inspection of those items that
are visible and safely accessible as determined by the Inspector. The inspector may not inspect areas and/or items deemed to be
inaccessible and or unsafe to inspect as determined by the Inspector. The inspection will be a non-destructive and practical evaluation
of the Property and as are apparent on the date of the inspection. The Inspector will not enter or climb upon unsafe areas that may
potentially endanger the Inspector or the property, in his sole judgment.
- What is Not Inspected (Agreed Departures): The following specific limitations apply but should not be considered as a totally
exhaustive list Unless expressly stated otherwise, Inspector does not inspect, items where access is limited or prevented by
furniture, personal belongings, or similar obstructions.
- Client specifically agrees to hold Inspector harmless from any claims or liability regarding any areas that have been purposely
concealed, covered, touched up or otherwise hidden on the premises and or unreported or withheld from the Sellers Disclosure
documents.
- Client agrees the sole recourse is against the responsible parties thru civil action. The inspection intends to reduce but will not
eliminate risk; therefore, the standard inspection does not identify all defects or problems (visible or concealed). The Client agrees that
such non-reporting does not constitute any actionable representation or omission and specifically waives any and all claims at law or
in equity, in connection with any such reporting. This agreement and report will not include, and should not be read or interpreted, to
determine the insurability or merchantability of any item or items inspected.
THE INSPECTOR HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT
ALLOWED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
- The Report and Inspection Findings: The written report including any and all photographs or digital recordings taken during the
time of inspection remain the copyrighted property of the Inspector. The Client agrees distribution of the completed report shall be
solely to persons involved with this transaction; including, but not limited to, real estate professionals representing the seller and/or
client, attorneys of record representing the seller and/or client, the Title Inspector and/or lender representing the Client. Distribution,
use of or sale of this copyrighted report to any other parties is expressly prohibited. Client specifically gives permission to the
Inspector to distribute the report per the Clients direction and to discuss report findings with any and all parties related to this
transaction. Please note that the Inspector reserves the right to provide additional addendums, clarifications or modifications to the
original inspection report. Any such addendums, clarifications or modifications shall be delivered to the Client no later than 48 hours
from the time of the original inspection report. Oral opinions provided by the Inspector are partial in context and superseded by the
written report and any addendums, clarifications or modifications forwarded to the client as agreed above.
Client Responsibilities: Client agrees to carefully read the entire inspection report and any and all addendums and to confer with all
recommended specialists noted in the inspection report. Failure by the client to secure the services of recommended specialists is done so
at the sole risk of the Client and the Inspector shall be hereby released from any and all claims for non-disclosure that may be related or
consequential to deficiencies noted in the inspection report.
- It is the Clients responsibility to contact an insurance agent to confirm the property is fully insurable without reservation as the
Inspector does not guarantee or certify the building and or property is insurable. It is the Clients responsibility to contact and secure
the services and guidance of Legal counsel, counsel from a qualified real estate agent and counsel from contractors and repairmen in
negotiating repair needs and/or satisfying that all deficiencies that exist on the property are repaired and/or negotiated to the Client
satisfaction prior to closing
Failure to seek appropriate guidance is the direct responsibility of the Client and the Inspector shall be fully released from any and all
associated claims that may be charged against the Inspector as a result of the Clients failure to secure such guidance.
- Enforceability: If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator, the remaining
terms shall remain in force between the parties. Any “typos” or misspelled words are considered just a “typo” and should be
considered as intended.
- Subrogation Clause: The Client specifically waives all subrogation rights or interests that may be afforded to the seller, lenders,
spouses, legal Partners, beneficiaries, insurance companies or any other party that may hold an interest in the property or estate
inspected under this agreement. The Client specifically agrees to hold harmless, fully defend and satisfy any and all such claims that
may arise against the Inspector out of the performance of the inspection and inspection report provided.
- Claim Notice Procedure: The Client understands and agrees that any claim(s) or complaint(s) arising out of or related to any alleged
act(s) or omission(s) of the Inspector, in connection with the services provided, shall be reported to the Inspector in writing and in
reasonable detail within ten (10) business days of discovery. Unless there is an emergency condition, the Client agrees to allow the
Inspector without hindrance a reasonable period of time to investigate the claim(s) or complaint(s) by, and among other things, a reu0002inspection of the condition(s) or item(s), before the Client or anyone acting on behalf of the Client, repairs, replaces, alters, or
modifies the system(s) or component(s) that are the subject matter of the claim or complaint. The Client understands and agrees that
Clients failure to timely notify the Inspector and allow adequate time to investigate the conditions prior to any repairs or alterations as
stated above, shall constitute a complete waiver and relinquishing of any and all claims that the Client (complainant) may have against
the Inspector, as relating to the alleged act(s) or omission(s), unless otherwise prohibited by law. The Client agrees that no claim,
demand, or action, whether sounding in contract or in tort, may be brought to recover damages against the Inspector more than (90)
calendar days after the date of the inspection report.
- The Client hereby acknowledges that the Inspector is licensed by the state of Texas and is recognized in the industry and by the state
of Texas as a Professional Inspector for the purposes of DTPA (Deceptive Trade Practice). The professional opinions of the Inspector
provided in verbal or written format are considered professional opinions, therefore exempted from liability under DTPA section
17.49
- Arbitration of Disputes: All parties agree that if a dispute or claim arises from this agreement or the inspection performed by the
Inspector and it cannot be amicably settled through direct communication, that any and all disputes shall be settled thru mediation
under the guidelines set forth under Texas law. Both parties shall share equally in the cost of mediation. In the event mediation is
unsuccessful, both parties voluntarily agree to binding arbitration by a single, conflict free, mutually agreeable arbitrator, and shall use
the procedural rules, but not the administration of the American Arbitration Association per Construction Industry Arbitration. If the
parties are unable to agree on the appointment of a mediator and/or arbitrator, either party, without waiving the right to enforce
binding arbitration, may petition a court of general jurisdiction in Bexar County, Texas to appoint a mediator and/or arbitrator. Any
arbitration proceeding shall be held in Bexar County, Texas. The Client and the Inspector shall share equally in the costs of the
arbitrator, subject to the arbitrator's right to award such costs as provided below. The Client expressly waives all rights to a trial by
jury in lieu of mediation and/or arbitration to settle any and all claims.
- Fees and Costs associated with Disputes: In the event the Client files a claim or initiates a mediation or arbitration proceeding
against the Inspector or Pest Inspection Network, Inc. the Client agrees to pay any and all fees, including but not limited to: mediator
or arbitrator fees, costs of expert witnesses, legal defense fees, deposition fees and any and all other such expenses incurred by the
Inspector, if the Client is not the prevailing party in the dispute on ALL claims.
- Client understands that this is not a technically exhaustive inspection. A technically exhaustive inspection is available that involves
the hiring of specialists in each area of the inspection process. These inspections take approximately 1-2 weeks to schedule, do not
carry any limits of liability as noted in this Agreement and are offered at a minimum starting fee of $ 5,000.00 (Five thousand
dollars)
- Client understands that the inspection fee paid to the Inspector for a NON-technically exhausting inspection is nominal given the risk
of liability associated with performing inspections if such liability could not be limited. Accordingly, BY SIGNING BELOW IN
PERSON OR BY DIGITAL PROXY OR BY RELYING ON THE REPORT IN ANY WAY, CLIENT AGREES that the
Inspector is not performing a technically exhaustive inspection and that the maximum liability incurred by the Inspector for any and
all claims relating to damages or errors or omissions SHALL BE LIMITED TO A REFUND OF THE ENTIRE FEE PAID TO
THE INSPECTOR FOR THE INSPECTION.
- This limitation applies to any and all damages sought by Client, including actual, consequential, exemplary, special or incidental
damages, attorney's fees, costs, and expenses. This limitation of liability is binding upon the Client's heirs, successors, assigns, and
any other party claiming rights under this Agreement, including those claiming by, through, or under Client.
- Choice of Law: This Agreement shall be construed, governed, and enforced in accordance with the laws of the State of Texas
- Entire Agreement: This Agreement represents the entire agreement between the Client and the Inspector and or Pest Inspection
Network, Inc. No oral agreements, understandings, or representations shall change, modify, or amend any part of this Agreement. No
changes or modifications to this Agreement shall be enforceable unless they are in writing and signed by both the Client and the
Inspector including an authorized representative of Pest Inspection Network, Inc
- Acceptance: This Agreement is solely between the Inspector, Pest Inspection Network, Inc. and the Client for whom the inspection
was performed. Due to the rapid pace that many real estate transactions occur at, it is not technically possible in some cases for Clients
to always attend inspections. If the Client is not present during the wood destroying insect inspection process, and/or fails to sign and return a fully executed
copy of the last page of this Agreement prior to or at the time of inspection, the Clients acceptance of the Property Inspection Report
constitutes an implied acceptance of this entire Agreement in full.
SERVICES PROVIDED
- Payment: Payment of the above sums are due upon completion of the onsite wood destroying insect inspection. In the event of any default in payment,
unpaid sums shall bear interest at the lesser of the highest legal rate or 1.5% per month. All returned checks are subject to a $50
returned check fee. Client shall be held responsible for all necessary collection fees including but not limited to legal fees, collection
agencies etc. on any unpaid fees or returned checks
The Client has read and understands the content, terms, and conditions of this Agreement, including, but not limited to, the limitations
of liability, complaint procedures, arbitration clause, subrogation clause and limitation periods. The Client has the right to have this
Agreement reviewed by an attorney of his/her choice prior to signing and the right to choose another Inspector if the terms and
conditions of this Agreement are unsatisfactory
The Client certifies to the Inspector to have the legal authority to enter this contract on behalf of a spouse, life partner and/or any other
third party. The Client agrees to fully assume any and all obligations or legal liability to successfully defend the Inspector against any
and all claims that may arise or be charged against the Inspector by such spouses, partners or other third parties that may have a legal
interest in the property or this agreement
- I have read, agree with and FULLY and COMPLETELY understand the provisions of this disclaimer and that this inspection
is not a warranty or guarantee. This wood destroying insect inspection is essentially visual, it is not technically exhaustive, and it does not imply that
every defect will be discovered. It is only a statement of opinion and/or condition as of and on this date. BY SIGNING
BELOW IN PERSON OR BY DIGITAL PROXY OR BY RELYING ON THE REPORT IN ANY WAY, CLIENT AGREES
that the Inspector is not performing a technically exhaustive inspection and that the maximum liability incurred by the Inspector for
any and all claims relating to damages or errors or omissions SHALL BE LIMITED TO A REFUND OF THE ENTIRE FEE
PAID TO THE INSPECTOR FOR THE INSPECTION.
In the event of a non-settled and disputed claim against Inspection Specialties or the inspector who performed any services rendered, all parties agree to settle any disagreements through binding arbitration through a mutually agreed forum.
The client has read the wood destroying insect inspection agreement and understands the scope of services to be rendered. Payment for services will be construed as acceptance of the scope of the report.
