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 two (2) 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/land. You acknowledge that this liquidated damage 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.