ARTICLE I - SCOPE OF WORK

• 1. Inspection Services (“Inspection” or “Services”): The inspection includes the non-invasive examination of marine structures of the property located at 3642 NW 16th Street, Lauderhill, FL 33311.
• 2. Scope of Inspection:
  1. The inspection will cover the structural integrity, safety, and general condition of the marine elements of the Property, including but not limited to docks, piles, and seawalls.
  2. The inspection will be conducted in accordance with industry standards and will include a visual examination of accessible marine structures. Provider will assess the condition of the marine components, identify any visible defects, and provide an overall evaluation of the marine area's integrity and safety.
• 3. Exclusions:
  1. Provider will not be liable for failure to examine any defects or conditions that are concealed, inaccessible, or not within the scope of a visual non-invasive inspection.
  2. Inspection Services do not include sign-off or certifications by a marine engineer. Should clients require sign-off or certification by a qualified marine engineer, Client may request Provider arranging such services through a third-party engineering company at an additional cost.
  1. Client understands that it is solely responsible for determining whether sign-off or certification by a marine engineer is necessary for regulatory compliance, insurance purposes, or other reasons.
  2. Client acknowledges that the cost of engaging the Engineer Company shall be borne by Client and is separate from the fees payable to Provider.

ARTICLE II - CLIENT RESPONSIBILITIES

• 1. Access to Property:
  1. Access Requirement/Instructions: Client agrees to provide access to the Property and ensure that all marine structures are accessible for inspection, to enable Providers personnel or designated representatives to perform the services outlined in this Agreement.
  1. Client shall provide clear and accurate instructions to Provider regarding the location of the Property and any specific access requirements or procedures, including but not limited to parking arrangements, security protocols, access codes, and entry points.
  2. Client shall indemnify and hold Provider harmless from any delays, disruptions, or damages resulting from Client’s failure to provide access in accordance with this Provision.
  2. Arrival Window: Client understands that while Provider will make reasonable efforts to adhere to a prompt arrival time, client will provide a 2-hour arrival window (“Arrival Window”) from the scheduled appointment time (“Arrival Time”) to ensure Provider access to property.
  3. Open Access Property: Client shall provide necessary permissions, keys, codes, or other means of access to the Property to facilitate the provision of Services.
  4. Designated Access Provider: : If Client is unable to provide open access to The Property, Client shall promptly inform Provider and provide the name and contact information of a designated individual authorized to access on behalf of Client (“Access Provider”).
  1. Client shall ensure that Access Provider is available during the scheduled services hours.
• 2. Disclosure of Known Defects: Client will also disclose any known defects or issues with the marine components of the Property.

ARTICLE III - FEES AND PAYMENT

1. Prepayment: Client agrees to pay Provider the agreed-upon fee.
Payment shall be made in full prior to the inspection or as otherwise agreed upon by the Parties.

ARTICLE IV - INSPECTION REPORT

• 1. Report: Following the inspection, Provider will provide Client with a detailed written report outlining the findings, observations, and recommendations regarding the marine components of the Property. The report will be delivered within Two (2) business days of the inspection date.
• 2. Accuracy of Report (Disclaimer): Client acknowledges and agrees that the accuracy of the Report is based on the conditions observed at the time of Inspection. Client acknowledges and understands the conditions can change drastically and quickly, potentially impacting the accuracy of the observations and findings documented in the Report.
• 3. Cost Estimate of Repair - No Obligation to Perform Repairs:
  1. Nature of Estimate: The repair estimate provided by Provider is solely an approximation of the anticipated costs associated with the proposed repairs based on findings of the inspection and the information available at the time of estimation. It is based on SMD’s construction experience, cost of goods, and market value of similar projects.
  2. No Obligation to Perform Repairs: Client acknowledges and understands that Provider is under no obligation to perform the repair work provided in the Reports Estimate of Repair. An Estimate of Repairs is provided for informational purposes only and does not constitute a contract for the provision of repair services.
• 4. Media Files - 6 Day Availability Period:
  1. Provider agrees to make the media files included in the Report (“Media Files”) available for download to Client for a period of six (6) days from the date of delivery or notification of availability (“Availability Period”).
  2. Provider shall provide Client with instructions and access credentials necessary to download the Media Files within the Availability Period.
  3. It is the sole responsibility of the Client to ensure timely download of the media files within the Availability Period. Provider shall not be responsible for any inability to access or download the media files after the expiration of the Availability Period.

ARTICLE V - LIMITATION OF LIABILITY

• 1. Provider shall not be liable to Client or any third party for any damages, losses, or expenses incurred as a result of reliance on the repair estimate provided, including any discrepancies between the estimated costs and the actual costs of the repair service.

• 2. Provider shall not be held liable for any discrepancies or inaccuracies in the Report resulting from changes in conditions following the Inspection.

• 3. Client assumes all responsibility for compliance with applicable laws, regulations and requirements.

• 4. PROVIDERS LIABILITY FOR ANY CLAIMS OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF THE INSPECTION FEE PAID BY CLIENT. PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES.

ARTICLE VI - CHOICE OF LAW & FORCE MAJEURE

• 1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

• 2. Force Majeure: Provider shall not be liable or responsible to Client, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in performing the terms of this Agreement if such delay is caused by or results from acts beyond Provider’s reasonable control, including but not limited to natural disasters, severe weather conditions or traffic accidents.