TERMS OF SERVICE

Client requests an inspection on a building that is the subject of an active permit application in the Village of Islamorada through www.inspector-service.com, DBA Inspector Osborn, and hereinafter collectively referred as the “Company”.

Client hereby represents and warrants that all approvals necessary have been secured for the Company’s entrance on to the property. Client warrants that: (a) Client has read this Agreement carefully, (b) Client understands the Client is bound by all the terms of this Agreement, and (c) Client will follow all guidelines required by the Company to maintain compliance and promptly call the Company with any questions the Client may have.

Client understands that the inspection and inspection report are performed with the sole purpose to determine compliance with the applicable codes. In the event that anyone or any entity claims damages as a result of the reliance upon the inspection report, and seeks recompense for said damages from the company, the client agrees to indemnify, defend and hold harmless Company from any claim from any third party relating to this inspection report, including, but not limited to, any claims caused by the alleged negligence, breach of contract, fraud, misrepresentation, or any other theory of liability of the company.

Company agrees to perform a limited visual inspection of the building at the address specified on the permit application and to submit an inspection report to the Village of Islamorada Building Department, including identification of significant observable deficiencies as they exist at the time of the inspection. The inspection will be performed in a manner consistent with the current standards of practice and in compliance with the applicable codes.

Client must elect to use one or more private providers for inspection services on a building that is the subject of an active permit application and shall provide to the Village of Islamorada Building Department, the Notice to Building Official of Use of Private Provider, as authorized by s. 553.791, Florida Statutes. If the Client elects to make any changes to the listed Private Providers or the services to be provided by those Private Providers, the Fee Owner shall, within 1 business day after any changes, update the notice to reflect such changes.

Client shall provide the Application for Private Provider Plans Review/Inspections to the Village of Islamorada Building Department. A Private Provider may not provide building code inspections pursuant to s. 553.791, upon any designed or constructed by the Private Provider or the Private Provider’s firm.

A Notice of Commencement must be recorded with the Monroe County Clerk of Court and uploaded through the City View portal to the specific permit number record for that project. As an alternate method of submittal, the NOC can be submitted at the permit counter. The recorded NOC must be received prior to the first inspection being performed by the Company.

For projects that require a Foundation Location Survey, the survey must be submitted to the Building Department, reviewed, and approved by Planning, prior to ground slab steel or column inspections being performed by the Company.

It is the responsibility of the Fee Owner/Fee Owner’s Contractor, that is listed on the permit application, to keep the permit status up-to-date and conform with the standard operating procedures for the Village of Islamorada.

It is the responsibility of the Fee Owner/Fee Owner’s Contractor, that is listed on the permit application, to notify the Company via formal request at www.inspector-service.com, when they are ready to schedule an inspection. The Company is not responsible for keeping track of when to call inspections.

If work is completed by the Client which progresses beyond the scope of what has been approved by the Village of Islamorada Building Department, the Client will be responsible for providing verifiable evidence that the existing site condition, at the time of inspection, is in in compliance with the applicable codes. The Company is not responsible for work that is performed without proper authorization.

No inspections will be performed after permit expiration.

The inspection services provided by the Company is limited to building code compliance and does not include review for fire code, land use, environmental or other codes.

Client acknowledges that inspections are required as detailed in section 105 of the Florida Building Code, the permit card, and as prescribed by the local authority having jurisdiction. Client agrees to hold the Company harmless for such inspections and accept responsibility for compliance with all other requirements contained within.

Client further agrees to indemnify, defend, and hold harmless David G. Osborn, Inc. and D.L. Osborn, Inc. from any and all claims arising from the use of these licensed or certified personnel to perform building code inspection services with respect to the building or structure that is the subject of the permit application.

It is agreed that the Company, its employees, officers, owners, and heirs, are not in any way insurers of the property inspected and that payments for the inspection services provided herein are based solely upon the value of those services, and it is not the intention of the parties that the Company assume responsibility: (1) for any loss occasioned by malfeasance or misfeasance in the performance of the services under this Agreement, (2) for any loss or damage sustained through burglary, theft, robbery, fire or other cause, or (3) for any liability on the part of the Company by virtue of this Agreement or because of the relationship hereby established.

If there shall, notwithstanding the above provision, at any time be, or arise, any liability on the part of the Company by virtue of this Agreement, or because of the relationship hereby established, whether due to the negligence, omission, breach of contract, misrepresentation of the Company or otherwise, such liability is, and shall be limited to, a sum equal to the price charged for the inspection service, which sum shall be paid and received as liquidated damages. Such liability is herein set forth as liquidated damages and not as a penalty, and this liability shall be complete and exclusive. THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND ANY SUCH WARRANTY IS SPECIFICALLY EXCLUDED AND DISCLAIMED.

Any legal action, including, but not limited to, those proceedings involving claims sounding in tort or contract, against the Company, or its officers, agents or employees, must be brought within one (1) year from the date of the inspection, or same will be deemed waived and forever barred. Time is expressly of the essence herein. This time period may be shorter than otherwise provided for by law. It is agreed and understood that the arbitrator, in rendering any decision above, is to apply the laws of the State of Florida.

Client understands and agrees that if they are not present at the time of the inspection and therefore do not read this Agreement that this Agreement will form a part of the Inspection Report and acceptance of the Inspection Report by the Client purchase, shall therefore constitute acceptance of the terms and conditions of this Agreement.

If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator, the remaining terms shall remain in force between the parties.

This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this agreement. No change or modification shall be enforceable against any party unless such changes or modifications are in writing and signed by the parties. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.

If you have any questions regarding the Terms of Service Agreement, please contact our office immediately at 305-833-4701.