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Old 3/13/19, 8:28 AM
mgleeson mgleeson is offline
Certified Professional Inspector (CPI) ®
 
Join Date: Feb 2016
Location: Lancaster, NY
Posts: 638
Default Re: Limiting liability contract language

I don't think that to be a good idea but the InterNACHI agreement has something of a similar concept regarding limiting expectations and liquidated damages

LIMITATION ON LIABILITY AND DAMAGES. We assume no liability for the cost of repair or replacement of unreported defects, either current or
arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than 1.5 times the fee you paid us. You waive any
claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated
damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between
us; and (iii) enable us to perform the inspection for the agreed-upon fee. If you wish to eliminate this liquidated damages provision, we are willing to perform
the inspection for an increased fee of $______, payable in advance.




Michael Gleeson, CPI
InFocus Inspection
NY License: 16000070526
716-548-0610
Serving Western NY including Erie, Niagara, Wyoming and Genesee Counties
http://www.infocusinspection.com
http://www.inspectwny.com