GENERAL INSPECTION SERVICE AGREEMENT
THIS GENERAL INSPECTION AGREEMENT is made and entered into between Elevatorinspection.com, a Stuard & Associates, Inc., company referred to as “Inspector”, and, all Elevator Owners and Owners Representatives whom we inspect elevators for; referred to as “Client.”
In consideration of the promise and terms of this Agreement Page and the 1-Page price/cost sheet, the parties agree as follows:
1. The client will pay all valid sums for inspection services agreed to and listed on their 1-page price/cost sheet. Yes, 1 simple page!
2. The Inspector will perform visual inspection and prepare a written report of the apparent condition of the installed elevator, systems and components of the elevator and conditions existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection.
3. The parties agree that QEI standards and ASME “Standards of Practice” (the “Standards”) and the Inspection Form used shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. If the State/Province where the inspection is performed imposes more stringent standards or administrative rule, or form, then those standards shall define the standard of duty and the conditions, limitations, and exclusions of the inspection.
4. The parties agree and understand that the Inspector and its employees and its agents assume no liability or responsibility for the costs of repairing or replacing any reported or unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. The Client further agrees that the Inspector is liable only up to the cost of the elevator inspection service.
5. The parties agree and understand the Inspector is not an insurer or guarantor against defects in the structure, items, components, or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
6. This Agreement, including the terms and conditions on the 1 page price-cost sheet, represents the entire agreement between the parties and there are no other agreements either written or oral between them. This agreement is intended for ALL elevator inspection clients and may be amended for all clients by updating these “terms” and providing notice to all clients via email notice.
7. This Agreement shall be construed and enforced in accordance with the laws of the State of Indiana. Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged.
8. Systems and items within the scope of inspection are included on the required Inspection Form. Anything outside of the scope of the required inspection forms are not included in our inspections. Any “general comments” about these systems, items, and conditions on the written report are informal only and DO NOT represent an inspection or certification.
9. The Inspection Form and report are performed and prepared for the sole and exclusive use and possession of the Client for the inspections purpose. Other persons or entity may not rely on the report issued. In the event that any person, not a party to this Agreement, makes any claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this Agreement, the Client agrees to indemnify, defend, and hold harmless Inspector from these claims.
10. The Inspection will not include an appraisal, value, or survey outside of the scope of the “Inspection Form” used for inspection. Client has seen the required “Inspection Form” and agrees all inspection services are confined within this scope of the inspection form. The written report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.
11. In the event of a claim by the Client that an installed elevator, system or component which was inspected by the Inspector was not in the condition reported by the Inspector, the Client agrees to notify the Inspector within 72 hours of inspection and prior to repairing or replacing such system or component in question. Furthermore, any legal action must be brought within two (2) years from the date of the inspection, or will be deemed waived and forever barred.