DonVila Services, LLC – A Whole House Inspection Company
60648 Lilac Road – South Bend, IN 46614 – Phone: 574-210-7237
AUTHORIZATION & AGREEMENT
Inspector’s Name: Don Wheeler
License # HI00500304
THIS INSPECTION AGREEMENT IS A LEGALLY BINDING CONTRACT. PLEASE READ IT CAREFULLY.
TOTAL INSPECTION FEES:
(Due at time of service)
1. Client requests a limited visual inspection of the residential structure identified at the above address by the Company hereinafter called DVS” and Client hereby represents and warrants that all approvals necessary have been secured for Company’s entrance on to the property.
2. Client warrants: (a) they have read the following Agreement carefully, (b) they understand they are bound by all the terms of this contract, and (c) they will read the entire inspection report when received and promptly call DVS with any questions they may have.
3. Client understands that the inspection and inspection report are performed and prepared for their sole, confidential and exclusive use. Client agrees that they will not transfer or disclose any part of the inspection report to any other person with these exceptions ONLY. (a) One copy may be provided to the real estate agent representing Client and/or a title company for use in Client’s transaction only. (b) Client may provide a copy in response to a subpoena or other court process. Client agrees to indemnify, defend and hold harmless DVS from any third party claims relating to this inspection or inspection report.
4. DVS agrees to perform a limited visual inspection of the residential structure at the above address in a manner consistent with the State of Indiana Home Inspection Licensing law. DVS will provide Client with a written opinion as to the apparent general condition of the structure’s components and systems, including identification of significant observable deficiencies as they exist at the time of inspection and provide recommendations regarding the need to repair, replace, or monitor a system or component, or to obtain examination and analysis by a qualified professional, tradesman, or service technician.
5. The inspection only includes those operable and accessible systems and components expressly and specifically identified in the inspection report. Any areas which is not exposed to view, is concealed, is inaccessible because of soil, snow, any adverse weather conditions, walls, floors, carpets, ceilings, furnishing or any other thing, or those areas/items which have been excluded by DVS standard inspection practices and/or by agreement of the parties is not included in this inspection. The inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection or exists in any area excluded from inspection by the terms of this agreement. Maintenance and other items may be discussed but will NOT form a part of the inspection report. The following areas/items, systems and components are among those NOT included in the inspection:
If inspection is desired of any of the areas/items, systems or components listed above, then Client shall contract the appropriate professionals.
6. Client understands that the inspection and inspection report do not constitute a guarantee or warranty of merchantability or fitness for a particular purpose, expressed or implied, or insurance policy, nor is it a substitute for real estate transfer disclosures which may be required by law.
7. The written report to be prepared by DVS shall be considered the final exclusive findings of DVS of the structure. Client understands and agrees they will not rely on any oral statements made by the Inspector prior to the issuance of the written report. Client further understands and agrees DVS reserves the right to modify the inspection report for a period of time that shall not exceed forty eight (48) hours after the inspection report has first been delivered to Client.
8. Client understands and agrees that any claim arising out of or related to any act or omission of DVS in connection with the inspection of the residential structure, as limited herein, shall be required to notify DVS as follows: in writing by Certified Mail to: 60648 Lilac Rd, South Bend, IN 46614, and such notice shall be delivered within six months of date of inspection, and shall state specifically the nature of the complaint and provide all information needed to contact the Client regarding such complaint. Client further agrees to allow DVS to re-inspect the claimed discrepancy, before Client or Client’s agents, employees or independent contractors repairs, replaces, alters or modifies the claimed discrepancy. Client understands and agrees that any failure to follow these guidelines as stated above shall void and/or constitute a waiver of any and all claims Client may have against DVS.
9. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be submitted for final and binding arbitration under the Rules and procedures of the American Arbitration Association except that the parties shall select an arbitrator who is familiar with the home inspection industry. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award will be enforced as a court would in the Code of Civil Procedure. Provided, however, that any claim arising under this agreement where the total amount in dispute is less than $1000.00 may be brought in the Small Claims Division of the St. Joseph Superior Court, St, Joseph County, Indiana.
10. It is understood and agreed by and between the parties hereto that DVS is not an insurer, that the payment for the subject inspection is based solely on the value of the service provided by DVS in the performance of a limited visual inspection of the general condition of the structure’s systems and components as described in Paragraph 4 and 5 and production of a written inspection report, that because of the limited nature of this inspection the inspection cannot be expected to uncover all defects or deficiencies within the structure and that it is impracticable and extremely difficult to fix the actual damages, if any, which may result from a failure to perform such services. Thus, Client and DVS agree that in the event that DVS breaches it’s obligation or duty to perform such service and Client is thereby damaged, then the liability of the Company (including it’s officers, agents, contractors and employees) shall be limited to a sum equal to the amount of the fee paid by the customer for inspection and report and this liability shall be exclusive.
11. Client understands and agrees that if they are not present at the time of the inspection and therefore do not sign this Agreement that this agreement will form a part of the inspection report and acceptance of the inspection report by Client shall and payment therefore will constitute acceptance of the terms and conditions of this Agreement.
12. This Agreement represents, including those documents incorporated by reference, represent the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this agreement. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever. 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.
13. Client understands that payment of fees listed above is due and payable at time service is delivered. If Client fails to make payment within 10 days of inspection, the Client shall be subject to attorney’s fees for reasonable collection, penalties, recourse, and/or court costs.
I have read, understand and agree to all the terms and conditions of this contract and to pay the fee(s) listed above. By signing this agreement, signer represents that he/she has authority to sign for and bind Client.
Signature of Client:
DVS Company Representative: