The purpose of the inspection is to attempt to detect the presence of Mold by performing a visual inspection of the property and collecting samples to be analysed by a laboratory.
The scope of the inspection is limited to the readily accessible areas of the property and is based on the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected. Mold can exist in inaccessible areas such as behind walls and under carpeting. Furthermore, Mold grows. As such, the report is not a guarantee that Mold does or does not exist. The report is only indicative of the presence or absence of Mold. As a courtesy, Elementary Property Inspections Inc. may point out conditions that contribute to Mold growth but such comments are not considered part of the bargained for report.
The CLIENT will be provided with a written report of Elementary Property Inspections Inc.'s visual observation and copies of the results of the laboratory analysis of the samples collected. Elementary Property Inspections Inc. is not able to determine the extent or type of microbial contamination from visual observations alone. The report will be issued only after the laboratory analysis is completed. The report is not intended to comply with any legal obligations to disclosure.
The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and Elementary Property Inspections Inc. has no obligation or duty to any other party. Elementary Property Inspections Inc. accepts no responsibility for use by third parties. There are no third party beneficiaries to this agreement. This Agreement is not transferable or assignable. Not with standing the foregoing, the CLIENT understands that Elementary Property Inspections Inc. may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that my pose a safety or health concern.
Limitation of Liability:
It is understood Elementary Property Inspections Inc. and the laboratory are not insurers and that the inspection, laboratory analysis and report shall not be construed as a guarantee or warranty of any kind. The CLIENT agrees to hold Elementary Property Inspections Inc. and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection.
Any legal action arising out of the Agreement or its subject matter must be commenced within one year from the date of the Inspection or it shall be forever barred. The CLIENT understands that this limitation period may be shorter than the statute of limitation that would otherwise apply.
The parties agree that any litigation arising out of this Agreement shall be fled only in the Court having jurisdiction in the Province in which Elementary Property Inspections Inc. has its principal place of business. If Elementary Property Inspections Inc. is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorney's fees of Elementary Property Inspections Inc. in defending said claims.
If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect.
This Agreement represents the entire agreement between the PARTIES. No statement or promise made by Elementary Property Inspections Inc. or its respective officers, agents or employees shall be binding.