Commercial Inspection Agreement
The undersigned, known as the Customer, hereby orders a cursory visual inspection of a commercial building or multi-unit residential complex, to be conducted by Arnold Property Inspections. The inspection and the inspection report are confidential and are made for the sole benefit of you, the Customer. Under no circumstances shall the inspection or report be deemed for the benefit of any third party nor shall it constitute a warranty of any nature, express or implied.
A building inspection is a visual inspection by a TREC Professional Inspector of the components of a building. A building inspection is performed to determine if a specialist is needed for further evaluation of a particular component or system. Professional Inspectors do not dismantle equipment (other than inspection panels).
This inspection is visual and uses some specialized testing equipment, but it is not technically exhaustive and no engineering sciences were used. Although care will be taken in the performance of the inspection, the Customer acknowledges that the report and analysis are based upon a brief, limited observation of the visible condition of the building and it's major components. The Customer acknowledges that Arnold Property Inspections makes no representations regarding latent or concealed defects and that failure of the building and/or its components can occur at any time.
This limited visual inspection intends to reduce risk but will not eliminate risk, therefore, the inspection to be done will not identify all repairs or hazards be they in accessible or inaccessible areas. When inspection of any system or component is not noted in the report or designated as "not inspected" due to accessibility or for any other reasons, findings should be considered incomplete until further evaluated by a licensed or qualified repairperson. Since the inspection is based upon visual observations made on one day during a limited time period, Arnold Property Inspections cannot be responsible for any condition affecting any system or component which is intermittent and not detectable during the inspection. The inspector will not light pilot lights, activate the water main, gas or electric systems, energize electrical circuits which are off or otherwise operate any component other than with user controls.
The written inspection report provided by Arnold Property Inspections will contain the opinion(s) of the inspector(s). These opinions will not be applicable to future changing conditions. Although not performing a code compliance or engineering evaluation, some codes may be used as a reference and basis for the opinion of the Professional Inspector. The inspection services provided are further defined and limited by the report and any attached addenda. The Customer is advised that all buildings, even brand-new ones, are likely to have building code violations. Many changes are made to codes every year and the older the building, the greater likelihood of deviation from modern standards. Estimates of the remaining lifetime of components are “educated guesses”. There are many exceptions to the normal life span of components and the cost of repairs. We urge you to consult independent experts for more detailed assessments or estimates where needed, advised or marked as "deficient" in this report.
The terms “adequate” and “functional” as contained in the inspection report mean that in the opinion of the Professional Inspector, based solely on visual inspection of the conditions at the time of the inspection, that the item is performing its intended function. These terms should not be taken to mean that the item is in “like new” condition.
What We Do Not Inspect
Components not normally visible or obstructed at the time of inspection and components not mentioned in the report are specifically excluded from the inspection and the report. Arnold Property Inspections does not bore, pry, poke or otherwise invade any physical structure and we do not move furniture, equipment or appliances. The Customer acknowledges that the inspector(s) will not observe every square inch of the building and that the inspector(s) could fail to see or note a defect. Cosmetic items including, but not limited to: paint, other finish treatments, floor coverings, minor cracks in walls or windows, utilities, wells/springs, solar systems, underground items, septic tanks, elevators, environmental hazards, playground equipment, security systems, central vacuum, fuel tanks, drain fields, personal property, fuel quality, defects unobserved and cesspools are excluded. Inspection of these excluded items should be performed, detected and evaluated by other specialist of your choice and hire.
No report is made on safety, security, insurance or the advisability or inadvisability of the purchase of the property. The inspection and report do not address and are not intended to address the possible presence or danger from any potentially harmful substances and environmental hazards, included to but not limited to: lead, urea formaldehyde, toxins, carcinogens, mold, mildew, asbestos, flammable substances and contaminants in soil, water or air.
We do not inspect for the presence or absence of wood-destroying organisms. Wood destroying organisms include, but are not limited to: termites, other wood-destroying insects, as well as, fungus and/or molds.
Warranties, Liability, Disputes & Risks
The Customer agrees that the conclusions or opinions made by Arnold Property Inspections expressed in the report do not constitute a warranty, guarantee or insurance policy, either implied or expressed, regarding the adequacy, performance or condition of any structure or system and that the report is not to be used as such. The Customer agrees that the inspection and report in no way lessen the risk or likelihood or repairs or replacements being needed at any time in the future and that Arnold Property Inspections, its employees or agents assume no liability or responsibility for the cost of repairing any unreported defects or deficiencies, whether present at the time of inspection or arising in the future or for any property damage or bodily injury of any nature. The Customer agrees that the liability of Arnold Property Inspections and of its agents, employees and inspectors for claims or damages, costs of defense, costs of suit, attorney’s fees, or expenses and payment arising out of, or in any way connected with, errors or omissions in the inspection or in the inspection report shall be limited to the amount of the fee for this inspection. Furthermore, you agree that any suit brought against Arnold Property Inspections shall be done within two years of the time of the inspection or be forever time barred.
If the Customer has a dispute, concern or complaint they should contact the office of Arnold Property Inspections at 254-899-1098 so that we can begin a formal investigation into the issue, this will include the undersigned agreeing to allow Arnold Property Inspections full access to inspect any system or component in question. This initial investigation process will be completed within 72 hours of initial contact by the Customer. Arnold Property Inspections will report it's findings and the resolution, if any can be made by us, at the end of the 72 hour investigation period in writing to the Customer.
If I, the undersigned, make a claim against Arnold Property Inspections for any alleged error, omission or other act arising out of the performance of this inspection, and if I fail to prove such a claim, I will pay all costs and attorney’s fees incurred by Arnold Property Inspections and its employees, agents, inspectors, directors, officers, shareholders, successors and assigns in defense of such claims.
The inspection report is not intended for use by anyone other than you, the undersigned. You agree to indemnify and hold harmless Arnold Property Inspections and its employees and officers for all costs, expenses and legal fees incurred and arising out of any legal proceeding to which you are a party, brought by any third party who claims he/she relied on representations made in such an inspection report and was damaged thereby; and/or any third party who has brought an indemnity action against Arnold Property Inspections, its agents and employees. This inspection report is the intellectual property of Arnold Property Inspections and should not be distributed. If you the Customer choose to give, sell or copy this report to anybody, you are assuming all responsibility and liability for this report and its contents through your transaction.
Terms and Cancellations
You, the undersigned, agree to pay Arnold Property Inspections the amount quoted at the time of booking an appointment unless there are systems or components at the home that was not disclosed to us at the time of booking your inspection such as additional out buildings, which increase the fees. You also agree to pay all expenses incurred by Arnold Property Inspections to obtain payment from you in the event that a check or other payment you paid to us is invalid for any reason. It should be understood, whether you buy the home or not, the payment is due at the time of inspection and no fees will be refunded if you do not buy the home for any reason.
All payments for services must be made before distribution of our reports and we accept payment in both credit and check.
The report contained herein is given solely for the use and the benefit of the Customer and is not intended to be for the benefit of or relied upon by any other buyer, lender, title company, insurance company or other third party. Terms, conditions and language used in the inspection report are herein incorporated by reference.
In the event of any claims or disputes which may arise, the Customer agrees to allow Arnold Property Inspections or its agents to examine the item or components before any repairs or replacements are undertaken. Unless deemed an emergency repair, the Customer agrees that repairing or replacing the system or component in question will constitute a waiver of all claims against Arnold Property Inspections, its employees or agents. The Customer also agrees that failure to allow said examination shall constitute a waiver of all claims against Arnold Property Inspections, its employees and agents. Entrance by the inspector or its agents upon property to be inspected shall not be deemed as a trespass.
The headings in this document are intended for convenience only and are not to be considered in construing this instrument. In case any one or more provisions contained in this agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. This agreement shall be governed by the laws of the State of Texas. This agreement sets forth the entire understanding of the parties and no prior or subsequent agreements, oral or otherwise shall be of any force and effect. The performance or execution in whole or part of this agreement shall not constitute a waiver thereof.
By my signature below, I acknowledge that I have read this contract, that I will read the report and all attachments before purchasing the property, that I understand the terms and conditions and that I agree to be bound by these terms and conditions and to pay the stated inspection fees.