This is an Agreement between you and us for a Wood-Destroying Organism (WDO) Inspection at the property described below.
1. The property is at 44743 Alamendras St, Maricopa AZ 85139.
2. You will pay us $65 for a WDO Inspection.
3. We will hire an independent contractor to perform the WDO inspection. Unless otherwise required by law, our contractor will perform the inspection in accordance with the Arizona State Standards which can be found here: https://agriculture.az.gov/pestspest-control/termites/wood-destroying-insect-inspection-reports
4. This Agreement is for an inspection only. We and our contractor are not responsible for correcting or mitigating any WDO issues.
5. Our report is only supplementary to the seller’s disclosure.
6. The contractor’s report is for your use. You must grant us and the contractor permission to discuss the observations with real estate agents, owners, repairpersons, and other interested parties. We are not liable for use or misinterpretation by third parties.
7. The inspection and report are not a guarantee or warranty, express or implied, regarding the future use, operability, habitability, or suitability of the property. We expressly disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, to the fullest extent allowed by law.
8. We are not liable for any errors the contractor makes.
9. This Agreement is for a WDO inspection only. If you want us to perform any other type of inspection, you will need to sign a separate inspection agreement for that.
10. You agree that our liability (and that of our agents, employees, etc.) for claims arising out of this Agreement shall be limited to liquidated damages in an amount equal to the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the property. You acknowledge that the liquidated damages are not intended as a penalty but are intended to (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk among us, and (iii) enable us to perform the inspection at the stated fee.
11. If you believe you have a claim against us, you will supply us with the following within seven days of discovering your claim: (1) written notice of the claim in sufficient detail and with sufficient supporting documents that we can intelligently evaluate it, and (2) access to the premises. Failure to comply with these conditions is a bar to any claim or lawsuit, and releases us from any liability.
12. The exclusive venue for any action arising out of this Agreement shall be in the county where we have our principal place of business. In any such action, you waive trial by jury. In any such action, the court must award the prevailing party attorney’s fees and costs.
13. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents our entire agreement between the parties. All prior communications are merged into this Agreement. There are no terms or promises other than those in this Agreement. No statement or promise allegedly made after the execution of this Agreement shall be binding unless reduced to writing and signed by us. Any modification to this Agreement must be in writing and signed by you and us. This Agreement binds the successors of the parties.
14. You will have no cause of action against us after one year from the date of the inspection.
15. If you are a corporation, LLC, or similar entity, the person signing this Agreement on behalf of the entity personally guarantees payment of the fee by the entity.
I HAVE CAREFULLY READ THIS AGREEMENT AND I HAVE RECEVIED A COPY OF IT.
I SIGN IT VOLUNTARY, FREE OF ANY DURESS.
Larry Mesler_____________________05/10/2021
CLIENT (Date)
