INSPECTION CONTRACT
PARKEROCEANIC LLC
3555 John Bragg Hwy
Woodbury, TN 37190
615-439-8820
RV INSPECTION AGREEMENT TYPE
CHECK OR CIRCLE ONE
_____ Bank Walkthrough ____ Basic____ Essential____ Plus____ Premier
This agreement is between CUSTOMER NAME: ________________________and
ParkerOceanic LLC.
Customer home address.
Where do you live?________________________________________________.
This is a New Agreement 'Inspection' between CUSTOMER and ParkerOceanic RV Inspections.
The Vehicle Identification Number (VIN) of the Recreational Vehicle is:
____________________________________________________________________________.
Brand, Model and Type of Recreational Vehicle:
____________________________________________________________________________.
Street Address, State and Location where the Recreational Vehicle Inspection is to take place:
Where the RV is? _____________________________________________________________.
Owners name and phone number____________________________________
Fee for the Recreational Vehicle Inspection is $ _______ deposit is to be made to the account of ParkerOceanic LLC. Click on the BUY NOW button on the following link… ParkerOceanic Inspections.net - Home
ParkerOceanic LLC Inspections shall receive payment of $ _____________ from client before leaving for inspection. THIS AGREEMENT made this day ____________, year __________________, by and between ParkerOceanic LLC RV Inspections (hereinafter RV INSPECTOR) and the undersigned CUSTOMER collectively referred to herein as the parties. The Parties understand and voluntarily agree as follows:
1. RV INSPECTOR AGREES TO MEET WITH CUSTOMER AT THE RV SITE.
RV INSPECTOR agrees to perform a limited, non-invasive, visual inspection of the Recreational Vehicle and to provide CLIENT with a written report identifying the defects that RV INSPECTOR both observed and deemed material. RV INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the sellers disclosure. Inspector will provide photos and 1 to 2 page report listing known and observed defects for review with buyer and his mechanic. 50 to 100 photos on a thumb drive will be mailed to customer.
2. Unless otherwise inconsistent with this Agreement or not possible, RV INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice and Code of Ethics of the National RV Inspectors Association (NRVIA) posted at http://www.nrvia.org. Although RV INSPECTOR agrees to follow NRVIAs Standards of Practice and Code of Ethics, CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that NRVIA is not a party to this Agreement and has no control over RV INSPECTOR or representations made by RV INSPECTOR and does not supervise RV INSPECTOR. Unless otherwise indicated below, CLIENT understands that RV INSPECTOR will NOT be testing for the presence of radon a colorless, odorless, radioactive gas that may be harmful to humans. CLIENT understands that RV INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, contamination, and other environmental hazards or violations.
3. The inspection and report are for the use of CLIENT only. RV INSPECTOR shall be the sole owner of the report and all rights to it. RV INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release RV INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions within this Agreement. RV INSPECTORS inspection of the RV and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the RV or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded. CLIENT understands that RV structures have unique characteristics that make it impossible for the RV Inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include any inspection of decay or hidden defects of the interior of the floor, walls, roofs, and other areas that are not accessible.
4. RV INSPECTOR 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 RV CONTRACT AGREEMENT SHOULD BE REVIEWED BY YOUR ATTORNEY BEFORE USE.
INSPECTOR, its agents and/or employees, for claims or damages, costs of defense or suit, attorneys fees and expenses arising out of or related to the RV INSPECTORS 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 the RV INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of RV 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 RV INSPECTOR and CLIENT; and (iii) to enable the RV INSPECTOR to perform the inspection at the stated fee.
5. RV INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license or certifications in the jurisdiction where the inspection is taking place.
6. In the event of a claim against RV INSPECTOR, CLIENT agrees to supply RV INSPECTOR with the following: (1) written notification of adverse conditions within 7 days of inspection completion; and (2) access to the vehicle. Failure to comply with the above conditions will release RV INSPECTOR and its agents from any and all obligations or liability of any kind.
7. Dispute Resolution; Binding Arbitration: Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be submitted for final and binding arbitration under the Rules and procedures of the American Arbitration Association. CLIENT agrees to pay all required filing fees. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any course of competent jurisdiction.
8. If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties intention. All remaining provisions of this Contract shall remain in full force and 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 RV INSPECTOR or its agents shall be binding unless reduced to writing and signed by RV INSPECTOR. No change shall be enforceable against any party unless it 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 RV INSPECTOR after one year from the date of the inspection.
9. Payment of the fee to RV INSPECTOR is due prior to the start of the on-site recreational vehicle inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorneys 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.
10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.
11. This Agreement is not transferable or assignable.
12. The parties acknowledge that each of them has had ample opportunity for their own counsel to participate in negotiating and drafting this Agreement. Therefore, no rule of construction shall apply to this Agreement that construes ambiguous or unclear language in favor of or against any party.
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
FOR ParkerOceanic LLC RV Inspections
_______________________________________________________DATE:________________
CLIENT OR REPRESENTATIVE Signature* Printed Name
*One signature binds spouses/partners
_____________________________________________________DATE:_______________