Mountain Warranty Corporation

This is an agreement ("agreement") between Mountain Warranty Corporation ("MWC") and the home inspector ("inspector") for the inspector's purchase of limited home warranties ("warranty" or "warranties") from MWC that inspector may provide to inspector's home buying clients. The limitations and protections afforded herein for "MWC" also apply to MWC's agents, employees, officers, directors, shareholders, and owners.

1. Inspector has carefully read and fully understands the terms of the 100-Day Limited Home Warranty offered by MWC. The complete terms of the MWC warranty may be viewed at www.mountainwarranty.com/agreement.php. MWC may alter the terms of its warranties at any time by posting an updated warranty on its website; however, any change in the terms of any MWC warranty will not apply to warranties purchased prior to the date MWC posts the updated warranty on its website.
2. Pricing. The cost of a warranty is $17.00. MWC offers tiered pricing so that the cost per warranty is reduced if the inspector purchases warranties in volume. The cost for 0 to 9 warranties is $17.00 each. The cost for 10-50 warranties is $16.00 each. The cost for more than 50 warranties ordered at one time is $15.00 per warranty. MWC may alter its pricing at any time by posting any such changes on its website.
3. One-Time Sign-Up Fee; Waived for InterNACHI Members. In addition to the cost of the warranties, any inspector wishing to purchase MWC warranties will pay a one-time sign-up fee of $100.00. MWC will waive the sign-up fee for inspectors who are members in good standing of the International Association of Certified Home Inspectors ("InterNACHI"). MWC may alter the sign-up fee at any time by posting any such changes on its website.
4. Eligibility Requirements. In order to offer warranties at a reasonable cost, MWC only sells warranties to qualified inspectors. To be eligible to purchase MWC warranties an inspector must be a member in good standing of ASHI, CAHPI, CREIA, FABI, ISHI, InterNACHI, or TREC. By entering in this agreement, inspector represents that inspector is a member in good standing of at least one of this organizations. If inspector is not, any warranties purchased by inspector are null and void. If inspector falsely represents to MWC that inspector is a member of one or more of these organizations, inspector agrees to fully indemnify MWC for all damages incurred by MWC as a result of such representation, including, but not limited to, damages paid by MWC and costs and attorney's fees.
5. Inspection Standards / Reports and Notes. Inspector must comply with the applicable standards of practice of inspector's association and with all laws of the city, county, and state where the inspection is performed. Inspector must prepare and maintain a report of the inspection, and maintain that report and all other notes, photographs, and other relevant documents for a period of at least 121 days following the inspection.
6. No Relationship between MWC and Inspector. MWC is not an employee, agent, supervisor, or representative of the Inspector. Inspector is not an employee, agent, supervisor, or representative of MWC. Neither has the power to bind or act for the other. Except for complying with the terms of any warranty inspector purchases, MWC bears no responsibility for any inspection performed by inspector.
7. Indemnification. It is the inspector's duty to know the terms of the MWC warranty. Inspector is not authorized to interpret the warranty or to make representations to inspector's client on behalf of MWC about the warranty. In the event of any legal action against MWC arising or allegedly arising out of inspector's representations to inspector's client, or from inspector's concealment of facts from inspector's client, if MWC is found liable, inspector agrees to fully indemnify MWC for all expenses incurred by MWC in such action including, but not limited to, damages paid by MWC and costs and attorney's fees. Similarly, in the event of any legal action against MWC arising or allegedly arising out of any acts or omissions of the inspector, if MWC is found liable, inspector agrees to fully indemnify MWC for all expenses incurred by MWC in such action including, but not limited to, damages paid by MWC and costs and attorney's fees.
8. Venue; Attorney's Fees. The exclusive venue for any legal action by any person or entity against MWC, its directors, officers, shareholders, agents, or employees arising out of this agreement, or any warranty purchased by inspector, or the facts and circumstances surrounding this agreement or the warranty, shall be in the District Court of Boulder County, Colorado. If MWC substantially prevails in any such action, inspector shall pay MWC's reasonable attorney's fees and costs.
9. Non-assignable. This agreement not assignable, and warranties purchased from MWC are not assignable.
10. No Modification. This agreement may not be modified, except in a writing signed by an authorized officer of MWC.
11. Entire Agreement. This agreement correctly sets forth the final and entire terms of the agreement and it is intended as a complete and exclusive statement of the terms of the agreement. Any prior communications between MWC and inspector are merged into this agreement.
12. No Construction Against Drafter. The fact that MWC drafted this agreement should not be considered in determining the intent with regard to any term a court finds to be ambiguous.
13. Reading; Review of Counsel. Inspector certifies that inspector has carefully read every term of this agreement and the MWC warranty, that inspector has had the opportunity to have qualified counsel review them, and that inspector enters into this agreement voluntarily.

Last Modified: 2/4/2008 at 1:48 PM