235 E Garfield Ave,
Wildwood, NJ, 08260
Mold Inspection Agreement
This is an Agreement (“Agreement”) between Lion Inspections LLC (“COMPANY”) and the undersigned client (“CLIENT”), collectively referred to herein as the “PARTIES.” CLIENT agrees to employ the COMPANY to perform a mold inspection as set forth herein.
2. PURPOSE": The purpose of the inspection is to attempt to detect the presence of mold by performing a visual inspection of the property and collecting samples to be analyzed by a laboratory.
3. SCOPE OF WORK PERFORMED: The scope of the inspection is limited to the readily accessible areas of the property and is based on the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected. Mold can exist in inaccessible areas such as behind walls and under carpeting. Furthermore, mold grows. As such, the report is not a guarantee that mold does or does not exist. The report is only indicative of the presence or absence of mold. As a courtesy the COMPANY may point out conditions that contribute to mold growth but such comments are not part of the bargained for report.
4. REPORT: The CLIENT will be provided with a written report of the COMPANY’s visual observations and copies of the results of the laboratory analysis of the samples collected. The COMPANY is not able to determine the extent or type of microbial contamination from visual observations alone. The report will be issued only after the laboratory analysis is completed. The report is not intended to comply with any legal obligations to disclosure.
5. EXCLUSIVITY: : The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the COMPANY has no obligation or duty to any other party. COMPANY accepts 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 COMPANY may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern.
6. FEE: : The fee for the mold inspection is based on a single visit to the property. The inspection is not technically exhaustive. The fee charged for this inspection is substantially less than that of a technically exhaustive inspection. The fee is :$
7. PAYMENT: All fees must be paid to the COMPANY before or during the inspection by cash, money order, personal check, bank transfer, or credit card.
Credit card processing fee of 4% will be applied on the transaction.
8. RIGHT OF ENTRY, CLIENT PARTICIPATION, AND INSPECTION: CLIENT warrants that CLIENT or CLIENT's agent have made all necessary arrangements for the COMPANY to enter and inspect the property. COMPANY shall have no liability for personal injury, property damage or any other damage resulting from participation in or attendance at the mold inspection by CLIENT or ANY INDIVIDUAL not employed by or affiliated with COMPANY.
9. HIDDEN AND LATENT DAMAGES: Prior to the mold inspection, all areas requiring invasive or destructive testing must be invasively or destructively tested and/or professionally inspected by the CLIENT or the CLIENT's agent. CLIENT understands and accepts all risks related to areas requiring invasive or destructive testing. Under no circumstances will the COMPANY perform invasive or destructive testing.
10. WARRANTIES: COMPANY's inspection and the Inspection Report are NOT a guarantee or warranty, expressed or implied, regarding the present or future condition of the building. ALL WARRANTIES EXPRESS AND IMPLIED ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT.
11. THIRD PARTIES AND SUBROGATION: The Agreement, Mold Inspection, and Inspection Report are ONLY for the CLIENT'S benefit. CLIENT agrees to protect, indemnify, defend, and release COMPANY from liability against all third party claims or losses (including costs and reasonable attorneys' fees) brought against COMPANY which relate to this Agreement, this home inspection, or this Inspection Report. This indemnification covers, without limitation to claims brought by any person or entity not a party to this Agreement, claims brought by CLIENT's insurance company, claims brought by real estate agents or brokers, claims brought by the sellers of the property, including cross claims for contribution and indemnification, claims arising under this Agreement, warranty, negligence, gross negligence or any other theory of liability.
12. LIMITATION OF LIABILITY: Limitation of Liability: It is understood the COMPANY and the laboratory are not insurers and that the inspection, laboratory analysis and report shall not be construed as a guarantee or warranty of any kind. The CLIENT agrees to hold the COMPANY and their 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, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection.
13. TIME LIMIT AND REQUIREMENTS TO SUE: CLIENT agrees that any and all claims must be brought within a timely manner, which is agreed to be one (1) year after the date of this Agreement. CLIENT must provide COMPANY the right to examine the subject matter and area of any claim within ten (10) days after discovery and prior to any remedial measures or repairs. If all the above provisions are not met, CLIENT waives the right to sue COMPANY and the CLIENT agrees that COMPANY has no liability.
14. LEGAL FEES/OTHER EXPENSES: If either party makes a claim against the other for any error, omission or other action arising out of the work performed under this Agreement and fails to prove all aspects of such claim, to the degree necessary to prevail at any court or tribunal found to have jurisdiction over the COMPANY or any controversies related to this Agreement, this Mold Inspection, or Inspection Report, the party making the claim agrees to pay all attorney fees, arbitrator fees, expenses and costs incurred in the defense of the claim. Additionally, CLIENT agrees to pay all of COMPANY's collection costs (legal fees & expenses) related to this Agreement, this Mold Inspection, or Inspection Report.
15. SEVERABILITY & ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties and it supersedes any previous oral or written agreement. If any court or tribunal determines that any portion of this Agreement is unenforceable, that tribunal shall enforce the remainder of the Agreement as though the unenforceable portion did not exist.
I HAVE READ THE TERMS OF THIS CONTRACT AND THAT ANY QUESTIONS I HAVE ABOUT THE CONTRACT HAVE BEEN FULLY AND SATISFACTORILY EXPLAINED. I AGREE THAT I UNDERSTAND AND CONSENT FREELY TO ALL THE ABOVE TERMS AND LIMITATIONS EXPRESSED HEREIN.