* Client agrees that (i) any delinquent Fee shall be subject to a 1.5% per month late fee, (ii) all attorney’s fees, court costs, and related expenses incident to collection of any delinquent Fee shall be borne by Client, and (iii) the Report shall not be issued until the Fee is paid.
V. GENERAL CONDITIONS, of this Agreement are as follows:
1. Qualifications: Inspection Services will be performed by an experienced Home Inspector, duly licensed under § 468.8318, Florida Statutes.
2. Access: Upon request, Client agrees to provide written proof of Client's ownership/authorization to occupy/inspect the Property. Client shall provide access to all areas of the Property, including, but not limited to, closets, cabinets, attics, roofs, and garages.
3. Plumbing/Fixtures: As it is not uncommon for plumbing systems and fixtures to fail from non-use and related issues, Inspector will not perform "wet tests" of the plumbing system and fixtures ("Wet Tests") absent Client's written authorization:
4. Warranty Disclaimer: Client acknowledges that Inspector is a generalist, and that the Inspection Services are limited and do not warrant or guarantee that the Property is habitable or free from: defects and deficiencies (whether disclosed in the Report or not), health safety issues, and further concerns - WHEREAS, INSPECTOR STATES, AND CLIENT ACKNOWLEDGES, THAT FURTHER INVESTIGATION BY APPROPRIATE SPECIALISTS IS OFTEN ADVISABLE (including, but not limited to, certified lead, mold, pest, or radon assessors).
5. Limitation of Liability:
(a) Liquidated Damages: Client agrees that Inspector and Inspector's licensed individual(s) performing the Inspection Services maximum liability for negligence, errors, or omissions in the performance/non- performance of the Inspection Services is limited to reimbursement of the Fee.
(b) Hold Harmless: Client agrees to defend, indemnify, and hold Inspector and Inspector's licensed individual(s) performing the Inspection Services harmless from and against any claims, liability, losses, suits, damages, judgments, including attorneys fees and costs arising out of, or relating to the performance/non-performance of the Inspection Services.
6. Entire Agreement/Severability: This Agreement constitutes the entire agreement between the parties and supersedes any prior representations, statements, or guarantees. Should any provision of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
7. Dispute Resolution: Any dispute arising out of or related to this Agreement shall be resolved in Orange County, Florida, via bench trial; whereas all parties waive the right to trial by jury.
I OPT FOR INSPECTOR TO PERFORM WET TESTS, AND I HEREBY ACCEPT FULL LIABILITY FOR ANY ADVERSE AFFECTS