The Member must pledge to NOAH RDI by executing this commitment form, to build Structures, as defined in the NOAH RDI Membership Manual.
The Member/appointed representative must comply with the identified standards and program requirements.
At NOAH RDI’s discretion, upon failure of the Member to comply with the Membership Manual, said action may result in the suspension or dismissal of Membership.
Where homes on movable foundations are concerned, the Member agrees to build only on Department of Transportation approved trailer frames sufficient for the size and weight of the movable Structure and its contents.
The Member agrees to maintain a sufficient smart device, WIFI and internet connection for inspection purposes. An insufficient connection at the time of the inspection, will result in a failed inspection and could be subject to a re-inspect fee.
The Member must be current on all dues & fees, including re-inspect fees before receiving a NOAH RDI Certification Seal.
The Member agrees to pay for their Membership and additional Seals/Services according to the current pricing structure listed on the 'Become A Member' page on NOAHcertified.org.
The Member agrees to maintain a quality assurance program that meets “NOAH RDI’s minimum requirements for Quality Assurance Program” as described in the NOAH RDI Membership Manual.
The Member agrees to display the applicable NOAH RDI Certification Seal and any other applicable labels required in conformance with the identified standards and program requirements on each Structure.
This Inspection Services AGREEMENT is for the PARTIES to cooperate in performing and obtaining digitized inspections of Structures, for NOAH RDI to store digitized inspection record(s), and provide BUILDER a NOAH RDI Certification Seal certifying that it appears, based on the inspection, the Structure was built to the *Applicable Standard. Each unit will receive a Seal stating: Builder certifies compliance with the 'Applicable Standard'.
The PARTIES understand and voluntarily agree as follows:
1. An INSPECTOR agrees to perform, with the cooperation of the BUILDER, a digitized inspection of the Structure. NOAH RDI will provide the Builder with a copy of the digitized inspection record (upon request after completion and full payment has been received) and a Certificate of Compliance identifying the Structure and its apparent compliance with the Applicable Standard.
2. BUILDER also understands that NOAH RDI uses INSPECTORS that are certified professionals. However, NOAH RDI has no control over INSPECTOR or representations made by INSPECTOR and does not directly supervise INSPECTOR.
• Unless otherwise indicated below, BUILDER understands that INSPECTOR will NOT be testing for the presence of Radon, a colorless, odorless, radioactive gas that may be harmful to humans.
• Unless otherwise indicated below, BUILDER understands that INSPECTOR will NOT be testing for mold.
• Unless otherwise indicated in separate writing, BUILDER understands that, with the exception of the Applicable Standard, the INSPECTOR will not inspect for compliance with other building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations.
3. The digitized inspection and record are performed and prepared for the use of BUILDER, who gives NOAH RDI permission to share the inspection and discuss observations with future owners, lenders, insurance companies, municipalities and other interested PARTIES. NOAH RDI accepts no responsibility for use or misinterpretation by third PARTIES.
NOAH RDI's inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the Structure or its components. Any and all warranties, expressed or implied, including the warranty of merchantability and fitness for a particular purpose, are expressly excluded by this AGREEMENT to the fullest extent allowed by law.
4. NOAH RDI assumes no liability for the cost of repair or replacement of unreported, covered and/or undiscovered defects or deficiencies either current or arising in the future. BUILDER acknowledges that the liability of NOAH RDI, its agents, employees, for claims or damages, costs of defense or suit, attorney's fees and expenses and payments arising out of or related to the NOAH RDI's negligence or breach of any obligation under this AGREEMENT, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to NOAH RDI, and this liability shall be exclusive. BUILDER waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the Structure even if the BUILDER has been advised of the possibility of such damages. The PARTIES acknowledge that the liquidated damages are not intended as a penalty but are intended to:
•reflect the fact that actual damages may be difficult and impractical to ascertain;
•allocate risk among NOAH RDI, INSPECTOR and BUILDER; and
•enable NOAH RDI to perform the inspection and certification at the stated fee structure.
5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place. Any AGREEMENT for additional services shall be separate and in writing.
6. In the event of a claim against NOAH RDI; BUILDER agrees to supply NOAH RDI with the following:
• Written notification of adverse conditions within 14 days of discovery.
• Access to the premises.
7. Compliance with the Standard Code of Ethical Commitments is Required. This is to confirm compliance with the following provisions and have ensured that our builders, subcontractors, and agents are aware of the following provision: When conducting business in connection with NOAH RDI; all agents, builders, and subcontractors are prohibited from offering, soliciting, or accepting any advantage, therefore preventing bribery when conducting business in connection with NOAH RDI. Furthermore, said persons will act ethically and accordingly with regards to social media, marketing, and advertising when doing business with NOAH RDI. Any and all postings, if not original, must be properly sighted when referring to doing business with or as NOAH RDI or one of its affiliates, associates or builders. Because business activities reflect not only on their own business but in addition NOAH RDI. Our Members are held to the highest ethical standards when doing business with the public at large. To view a copy of the current Code of Ethics click here or visit: www.noahcertified.org/ethical-commitments/
8. Failure to comply with the above conditions will release NOAH RDI and its agents from any and all obligations or liability of any kind.
9. The PARTIES agree that any litigation arising out of this AGREEMENT shall be filed only in the Court having jurisdiction in the County in which NOAH RDI has its principal place of business, namely Marion County, Florida. In the event that BUILDER fails to prove any adverse claims against NOAH RDI in a court of law, BUILDER agrees to pay all legal costs, expenses and fees of NOAH RDI in defending said claims.
10. If any court declares any provision of this AGREEMENT invalid or unenforceable, the remaining provisions will remain in effect. This AGREEMENT represents the entire AGREEMENT between the PARTIES. All prior communications are merged into this AGREEMENT, and there are no terms or conditions other than those set forth herein. No statement or promise of NOAH RDI or its agents shall be binding unless reduced to writing and signed by NOAH RDI. No change or modification shall be enforceable against PARTIES unless such change or modification is in writing and signed by the PARTIES. This AGREEMENT shall be binding upon and enforceable by the PARTIES and their heirs, executors, administrators, successors and assignees. BUILDER shall have no cause of action against NOAH RDI after one year from the date of the last inspection.
11. BUILDER agrees to pay all legal and time expenses incurred in collecting payments due, including attorney's fees, if any. If BUILDER is a corporation, LLC, or similar entity, the person signing this AGREEMENT on behalf of such entity does personally guarantee payment of the fee by the entity.
12. If BUILDER requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this AGREEMENT. BUILDER HAS CAREFULLY READ THE FOREGOING AND AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT:
13. This AGREEMENT is not transferable or assignable.
14. For Tiny Houses on movable foundations, I agree to link to the NOAH RDI Tiny House Buy Back Program details page whenever using the guarantee logo or referencing the guarantee.
Builder Membership Pledge
Indemnity Hold Harmless Provision
Builder shall defend, indemnify, and hold NOAH RDI, its officers, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors, or omissions of NOAH RDI in performance of this Agreement, except for injuries and damages caused by the sole negligence of NOAH RDI.