Environmental Test(s) Agreement

Please read the contract and sign below. Your electronic signature will be your acceptance of the Environmental Test(s) Agreement between SpyGlass Inspection Services Inspector and you.

Preamble: *

The client agrees to have the following test(s) performed (choose all that apply): *

1. Address: : *

2.Fee: The fee for the service(s) (based on a single visit to the property) as marked is:: *

and is based on a single visit to the property: *

The inspection and test(s)is not technically exhaustive. The fee charged for this inspection and test(s) is substantially less than that of a technically exhaustive inspection and test(s).
 
3.Purpose: The purpose of the inspection and test(s) is to attempt to detect the presence of the above chosen environmental substances by performing a visual inspection of the property and collecting samples to be analyzed by a laboratory.
 
4.Scope: The scope of the inspection and test(s) 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 test(s) and on the laboratory analysis of the samples collected. Environmental substances can exist in inaccessible areas such as behind walls and under carpeting. Furthermore, environmental substances may not be visible. As such, the report is not a guarantee that the above chosen environmental substances do or do not exist. The report is only indicative of the presence or absence of the chosen environmental substances in areas observed and tested at the time of inspection. As a courtesy the INSPECTION COMPANY may point out conditions that suggest past or present contamination but such comments are not part of the bargained for report.
 
5.Report: The CLIENT will be provided with copies of the results of the laboratory analysis of the samples collected. The INSPECTION COMPANY is not able to determine the extent or type of environmental substance contamination from visual observations. The lab results will be issued upon payment in full. The INSPECTION COMPANY is neither obliged nor qualified to interpret laboratory findings as related to any individuals sensitivities. The report is not intended to comply with any legal obligations to disclosure.
 
6.Exclusivity: The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the INSPECTION COMPANY has no obligation or duty to any other party. INSPECTION 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 INSPECTION COMPANY may notify the homeowner, occupant, or appropriate public agency of any condition and/or conditions discovered that may pose a safety or health concern.
 
7.Limitation of Liability: It is understood the INSPECTION 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 INSPECTION 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 and test(s).
 
8.In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: 
(1) Written notification of adverse conditions within 7 days of discovery, and 
(2) Access to the premises. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind. Client agrees in the event a dispute arises between the parties to this contract, it is hereby agreed that the dispute shall first be referred to Inspection Arbitration Services (www.inspectionarbitrationservice.com) for mediation and arbitration in accordance with the applicable rules of mediation and arbitration as established by IAS. The complaining party shall be responsible for any costs associated with bringing such action. In the event that the complaining party becomes the prevailing party, they shall be awarded all of the filing fees and related administrative costs by the Defendant. Terms of use and other rules regarding the service and fees can be found at www.inspectionarbitrationservice.com.
 The Client and Inspector acknowledge that they are bound by the Terms and Conditions of the Inspection Agreement, and that the outcome of any mediation and/or arbitration may be based upon those very Terms and Conditions, and with substantial compliance with the Standards of Practice. The Client further agrees to be responsible for all costs associated with the request for mediation/arbitration. The Client understands that, under the Terms of this Agreement, mediation and arbitration proceedings shall be governed and followed as prescribed under the Rules for Mediation, and the Rules for Arbitration, are set forth by IAS. Proceedings shall first attempt to reach a voluntary settlement under the Rules for Mediation. Should mediation fail to produce a voluntary settlement, and based upon information conveyed during the proceedings, IAS shall then render a final decision as to the outcome of the action sought under its Rules regarding Arbitration. Both Parties agree to hold the Mediator / Arbitrator and IAS, harmless from the results of any sought action, or resolution reached through the process.  The parties agree that any litigation subsequent to the IAS process shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has his principal place of residence/business in(Morgan County, Missouri). In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.

9.The CLIENT agrees in the event a dispute arises between the parties on collecting due payments it is hereby agreed that the dispute shall first be referred to Inspection Arbitration Services (www.inspectionarbitrationservice.com) for mediation and arbitration in accordance with the applicable rules of mediation and arbitration as established by IAS. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.

10.Severability: If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect.
 
11.Entire Agreement: This Agreement represents the entire agreement between the PARTIES. No statement or promise made by the INSPECTION COMPANY or its respective officers, agents or employees shall be binding.
 
12. Payment In Full (Cash, Check or PayPal Payment)is expected at time of testing and prior to release of laboratory results to CLIENT.

CLIENT has carefully read the foregoing, understands it, and voluntarily agrees to it: *

Yes

Check to signify yes.

Client Signature - Typing your name here is a legal signature: *

SpyGlass Inspection Services

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Environmental Test(s) Agreement