Hey guys,
I had a request to do just a well flow test. I modified the InterNACHI template based on my conversation with the clinet and I wrote up a proposal, clarifying my scope. (I cant send that later if need be).
The owner already did their own bacteria testing and I’ve excluded it here and on the proposal. Anyways, just an explanation.
I left the clients name blank and the address for a public post. The first blank after THIS AGREEMENT made this…the day is in reference to the day of the week? However, it doesn’t make sense to have Monday, then day of May 16…etc. Just out Monday and delet the day, correct?
Here is the entire agreement:
THIS AGREEMENT made this ______ day of May 16, 2022, by and between Daniel Longo (“INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties Understand and Voluntarily Agree as follows:
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The address of the property that is the subject of this Agreement is: ___________. The property has 1 well(s) servicing it (“well”). CLIENT HAS PERFORMED their own well sample(s) analyzed by a laboratory for certain biological and chemical contaminants. Therefore INSPECTOR’s sampling of the well(s) water is excluded.
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CLIENT understands that INSPECTOR will not be performing any other inspections or tests, except those specifically set forth herein.
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CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the sampling, analysis, and report shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT voluntarily waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the property, even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the 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 the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the testing at the stated fee rather than at a higher fee that takes into account potential liability.
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In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of the claim conditions within 14 days of discovery, and (2) Access to the wells. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.
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The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. 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. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR’s relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado.
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If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. 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 INSPECTOR after one year from the date of the inspection.
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Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the testing and submission of the report to CLIENT. 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 guaranty payment of the fee by the entity.
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This Agreement is not transferable or assignable.