Palm State Inspections, LLC. / Client Inspection Agreement
Palm State Inspections, Llc., (further referred herein as “PSI”) agrees to perform a visual inspection of the subject property and to provide CLIENT with a report that visually identifies the defects that PSI observed on the day of inspection.
1. Unless otherwise inconsistent with this Agreement or not possible, PSI agrees to perform the inspection in accordance with the current Standards of Practice adopted by the State of Florida. Although PSI agrees to follow the Standards of Practice of the State of Florida , CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that the State of Florida is not a party to this Agreement and has no control over PSI or representations made by PSI and does not supervise PSI. The Florida SOP does not apply to the Four Point or Condominium Inspection services.
2. CLIENT understands that PSI will NOT be physically testing for the presence of Radon, Mold or Chinese Drywall unless service is specifically elected and paid for. CLIENT understands that PSI will not physically test for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, soil contamination, and other environmental hazards or violations.
3. PSI does not perform City or County Code compliance or General Contracting, Engineering, Architectural, Plumbing, or any job function requiring an Occupational License in the jurisdiction where the inspection is taking place.
4. The Inspection Report will only be shared with CLIENT and is for the use of CLIENT only to assist in the Due Diligence to purchase a property or not. PSI will not share the Report with any 3rd Party unless requested. PSI is the sole owner of the Report and all rights to it. PSI accepts no responsibility for use or misinterpretation by any third party or third parties who rely on it in any way do so at their own risk and release PSI from any liability whatsoever. Any third party who relies on the Report in any way also agrees to all provisions in this Agreement. PSI’s inspection of the property and the Report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchant-ability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law.
5. Client agrees to do a final walk through immediately prior to closing on the property to confirm the property is in the same condition or better ( from any repairs or improvements ) from the day of Inspection. PSI assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of PSI, its agents and/or employees, for claims or damages, costs of defense or suit, Attorney’s fees and expenses arising out of or related to PSI’s negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to PSI, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. Both parties agree that liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among PSI and CLIENT; and (iii) to enable PSI to perform the inspection at the stated fee.
6. In the event of a claim against PSI, CLIENT agrees to supply PSI with the following: (1) written notification of adverse conditions within 7 days of discovery; and (2) access to the premises. Failure to comply with these conditions will release PSI and it's Agents from any and all obligations or liability of any kind. The parties agree that any litigation arising out of this Agreement shall be filed only in the Lee County, Florida Court system. In the event that CLIENT fails to prove any claims against PSI in a court of law, CLIENT agrees to pay all legal costs, expenses and fees incurred by PSI in defending said claims.
7. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. There are no terms or conditions other than those set forth herein. No verbal statements of PSI or its Agents shall be binding unless confirmed and signed in writing by PSI. No change shall be enforceable against any party unless it is in writing and signed by the Client and PSI. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against PSI after one year from the date of the inspection. This Agreement is not transferable or assignable.
8. PSI’s inspection of the property and the Report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchant-ability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. We reserve the right to amend the delivered report within 24 hours after delivery to CLIENT.
9. Unless otherwise agreed, payment of the inspection fee to PSI is due upon signing of the Inspection Agreement. This will also confirm the Inspection appointment. All Inspection fees charged are posted online. CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including Attorney’s fees, if any. If CLIENT is a Corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guarantee payment of the fee by that entity.
10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement with additional fees possible.
11. CLIENT agrees to hold all Real Estate Agents involved in the purchase of the subject property harmless and exonerate the Parties from all loss, damage, liability or expenses occurred or claimed by reasons of acts or neglects of PSI it's employees or visitors or of independent contractors engaged or paid by PSI for the purpose of inspecting the subject property.
CLIENT HAS CAREFULLY READ AND UNDERSTANDS AND ACCEPTS ALL CONDITIONS HEREIN.
I HAVE SAVED A COPY AND CONFIRM BY FILLING OUT FORM AND CLICKING "I AGREE" BELOW.
Business Address and Hours :
Palm State Inspections, LLC
15880 Summerlin Road 300-152
Fort Myers, Florida 33908
Hours 8AM - 6PM ( Mon-Sat )
Serving All Of Southwest Florida
Fort Myers, Cape Coral, Bonita Springs, Sanibel Island, Captiva, Gateway, Pine Island, Estero, Punta Gorda, Lehigh Acres, Golden Gate, Naples, Lely, Marco Island, North Fort Myers, Iona, Fort Myers Beach