BUILDER MEMBERSHIP PLEDGE

AS-BUILT CERTIFICATION – BUILDER MEMBERSHIP PLEDGE

If your home is partially built (trades covered up and unable to visually verify compliance) or completely built, your home will be inspected with a post-construction process. If during the inspection process, deficiencies are found, the Builder/Homeowner must pledge to NOAH RDI by executing this commitment form, to build, as defined in the NOAH Manual for As-built Certification. For traditional Certification the Member Manual for Certification would apply. For post-construction As-built Certification, the NOAH Manual for As-built Certification would apply.

The homeowner/appointed representative must comply with the identified standards and program requirements.

At NOAH RDI’s discretion, upon failure of the homeowner/appointed representative to comply with the NOAH Manual for As-built Certification, said action may result in the suspension of any further Inspections or forfeiture of your homes potential Certification.

Where homes on movable foundations are concerned, the homeowner/appointed representative 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 homeowner/appointed representative 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 homeowner/appointed representative must be current on all dues & fees, including re-inspect fees before receiving a NOAH RDI Certification Seal or Certificate.

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 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:

• 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 completing all inspections, achieving a pass status, and full payment has been received) and a Certificate of Compliance identifying the Structure and its apparent compliance with the Applicable Standard.
• 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, outside of Training.

• 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.

• The digitized inspection and record are performed and prepared for the use of homeowner/appointed representative, 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 structure and supporting documentation 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.

• 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. homeowner/appointed representative 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 any 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. homeowner/appointed representative waives any claim for consequential, exemplary, special, or incidental damages or for the loss of the use of the Structure even if the homeowner/appointed representative 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 homeowner/appointed representative; and
• enable NOAH RDI to perform the Inspection and Certification at the stated fee structure.

• 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.

• In the event of a claim against NOAH RDI; homeowner/appointed representative agrees to supply NOAH RDI with the following:
• Written notification of adverse conditions within 14 days of discovery.
• Access to the premises.

• Compliance with the Standard Code of Ethical Commitments is Required. This is to confirm compliance with the following provisions and have ensured that homeowner/appointed representative 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, on 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: noahcertified.org/ethical-commitments/
• Failure to comply with the above conditions will release NOAH RDI and its agents from any and all obligations or liability of any kind.

• 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.
• 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.
• Homeowner/appointed representative agrees to pay all legal and time expenses incurred in collecting payments due, including attorney’s fees, if any. If homeowner/appointed representative 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.
• If homeowner/appointed representative requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this AGREEMENT.
• HOMEOWNER/APPOINTED REPERESENTATIVE HAS CAREFULLY READ THE FOREGOING AND AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT:
• This AGREEMENT is not transferable or assignable.

As-built Certification Builder Membership Pledge: Indemnity Hold Harmless Provision

Homeowner/appointed representative 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. Builder recognizes their responsibility to utilize the access to the codes provided in the Member Portal to ensure all standards are met. NOAH is not responsible for indicating every non-compliance. When NOAH issues a Seal and Certificate for a home, it attests that the condition of the home, at the time of Final Inspection and Seal issuance, has been deemed compliant. Alterations made after the build is completed is therefore the responsibility of the builder/homeowner.

NOAH Inspection and Certification does not guarantee Insurance, Financing or Placement.

Contractual Conditions

Builder responsibilities Include, but are not limited to:

· Signing a pledge that the builder has knowledge of NOAH+ Standards.

· Build to the NOAH+ Standards.

· To work in coordination with our inspectors to achieve compliancy on their build.

· For performing business in a responsible, professional and ethical manner, reflecting the core values of NOAH RDI.

· Maintaining the builder equipment and supplies onsite for the build being inspected.

· To verify the connectivity of the device being used prior to scheduling inspections.

NOAH responsibilities include, but are not limited to:

· On time inspections.

· Work with the builder to ensure compliancy.

· Inspectors provide consultation in addition to inspection services.

· Maintain confidentiality of member information and inspection records.

· Keep Inspection records current and made available upon request – account must be current, Seal for this unit purchased, and final inspection passed on the unit, before any records are released.

· Promote their builders via the NOAH RDI website.

· Verify compliancy of the build and document this through the issuance of the NOAH Certification and Seal, providing the proper level of support for each of our members.

Subcontractor Services

With regards to possibly utilizing a sub-contractor during any stage of inspection: NOAH values your business and in an effort to fully communicate our intentions, we will notify you by email 24 hours prior, of NOAH RDI’s intention to utilize a subcontractor’s services with regards to your build. A subcontractor’s services may be required to augment current staff due to an influx of inspections. In the event that a subcontractor’s services are required, their licenses and certifications for the field being inspected will be verified by NOAH RDI.

It is very important to NOAH RDI to maintain the same level of quality for every build. We do this working with industry leaders and experts. Sometimes this includes utilizing the services of a subcontractor.