Inspection Services Agreement & Disclaimer
1. Commercial Business-to-Business Services
Savvy Commercial Inspections provides professional commercial property inspections, Property Condition Assessments (PCAs), Phase I and Phase II Environmental Site Assessments (ESAs), and related commercial due diligence services.
Our services are intended for businesses, investors, lenders, brokers, property owners, and commercial real estate professionals who understand that inspections and environmental assessments are limited professional evaluations, not guarantees of property condition.
2. Authorization by Brokers and Representatives
Inspection requests may be submitted by brokers, agents, employees, assistants, or other authorized representatives acting on behalf of the client.
By submitting an order and accepting this agreement, the representative confirms that they have authority to accept its terms on the client's behalf, including the limitations of liability and dispute-resolution provisions.
The representative is responsible for communicating the agreement to the client. Anyone without such authority must obtain authorization before submitting the order.
3. Scope of Services
Commercial property inspections and PCAs are limited, visual, non-invasive evaluations of readily accessible building components.
Environmental services, including Phase I and Phase II ESAs, are limited to the specific scope authorized in writing. Environmental findings and professional opinions are based on the information, records, site observations, and testing included in that scope.
No inspection or assessment guarantees identification of every defect, environmental condition, contamination source, or future expense.
4. Inspection and Environmental Limitations
Inspectors are not required to move machinery, equipment, filing cabinets, furniture, stored materials, debris, or other obstructions. Concealed or inaccessible building components, including structural columns, column bases, foundations, and walls, are excluded from visual observation.
Environmental assessments do not guarantee that a property is free of contamination, hazardous substances, underground storage tanks, or other environmental concerns. Phase I ESAs do not include soil, groundwater, or other environmental sampling unless separately authorized.
A Phase II ESA is limited to the sampling locations, methods, substances, and testing specifically agreed upon. Conditions outside those parameters may remain unidentified.
Structural engineering, destructive testing, code compliance certification, asbestos or lead-based paint surveys, and other specialized services are excluded unless expressly included in the agreed scope.
5. No Warranty or Financial Guarantee
Our inspections, environmental assessments, and professional opinions are services, not warranties, insurance policies, financial investments, or guarantees against future repair, remediation, or cleanup expenses.
The service fee covers the professional work performed. It does not provide insurance coverage, guaranteed financial returns, or reimbursement for subsequently discovered property or environmental conditions.
6. Client Responsibilities and Due Diligence
The client is responsible for reviewing all reports, communicating questions or concerns promptly, and obtaining additional evaluations, testing, engineering studies, or contractor estimates when necessary.
Questions and follow-up investigations should be addressed before applicable option, due diligence, or closing deadlines.
For environmental assessments, the client is responsible for fulfilling any purchaser or user obligations applicable to the transaction, including obtaining information and completing additional inquiries required for the client's intended purpose.
Purchasing, financing, leasing, or investing decisions remain solely with the client.
7. Limitation of Liability
The client agrees that Savvy Commercial Inspections' total financial responsibility for any claim, dispute, error, omission, or dissatisfaction arising from a service or report shall not exceed the amount paid for the specific service involved.
Any compensation shall be limited to a partial or full refund of that service fee. Savvy Commercial Inspections shall not be responsible for property repairs, environmental remediation, cleanup costs, replacement expenses, lost income, diminished property value, or other expenses exceeding the fee paid for the service at issue.
For combined PCA and environmental orders, each service is considered separately. A claim involving one service shall not increase the liability limit by including fees paid for other services.
By accepting this agreement, the client acknowledges and agrees to these limitations.
8. Reporting Concerns
The client agrees to notify Savvy Commercial Inspections promptly in writing of any concern involving our services or reports.
Savvy Commercial Inspections shall be given a reasonable opportunity to review the concern and inspect the disputed condition before repairs, remediation, or alterations are performed, except when immediate action is necessary for safety or to prevent further damage.
9. Dispute Resolution and Arbitration
The parties agree to first attempt to resolve disputes through direct written communication.
If unresolved, the parties agree to pursue mediation through the Better Business Bureau (BBB), where available.
If mediation is unsuccessful, disputes shall be submitted to binding arbitration administered by the BBB, provided the applicable BBB program accepts the dispute and its requirements are satisfied.
Any monetary award shall be subject to the limitation of liability in Section 7.
If BBB arbitration is unavailable, the parties agree to seek another mutually acceptable arbitration provider. Any court proceedings shall be governed by applicable Texas law.
10. Report Findings and Professional Opinions
Building condition ratings reflect general observations of visible and accessible components. They are not engineering certifications or guarantees of future performance.
Environmental findings, recognized environmental conditions, conclusions, and recommendations reflect professional opinions based on the agreed scope and information available at the time of the assessment. They are not guarantees of environmental compliance or the absence of contamination.
The absence of a reported deficiency or environmental concern does not guarantee that the property is free of undiscovered conditions.
11. Agreement and Acceptance
By submitting an order and accepting this agreement, the client or authorized representative acknowledges the commercial nature of the services, inspection and environmental limitations, client responsibilities, limitation of liability, and dispute-resolution procedures.
An authorized representative accepting this agreement on behalf of a client intends to bind that client to its terms.