NEWS FLASH!
Did you know that there was NO State of Ohio licensing for Home Inspectors?
But Now that Senate Bill 255 passed.
Only 2 weeks of education required?
No requirements for those teaching the 2 week education requirement?
No Construction, No Home remodeling nor Home Repair Experience?
So how do you decide on selecting an inspector in one of the most expensive decisions in your life?
ASK questions about their Education, Experience and Ethics and see how they compare?
1) A place to start ask questions and compare qualifications of inspectors.
|
Did they graduate from a State University? If so where & with what relevant degree?
Inspector A)_________________,____ Inspector B)_________________,____ Inspector C)_________________,____ Inspector David Szalay _________, YES The Ohio State University 1994 A.A.S. Construction Technology |
Do they have Home Remodeling and/or Construction experience?
Inspector A)_________________,____ Inspector B)_________________,____ Inspector C)_________________,____ Inspector David Szalay _________, YES Both Home Remodeling and Construction Experience. |
Do they actively abide by a code of ethics and actively avoid conflicts of interest?
Inspector A)_________________,____ Inspector B)_________________,____ Inspector C)_________________,____ Inspector David Szalay ________,_YES The Home Inspector should focus on you the buyer's best interest. |
2) IMPORTANT have realistic expections of a home or a home inspector/inspection
- No home inspector is infallible.
- No home is perfect, not even new ones.
- Building materials are not perfect.
- Workmanship of all the different trades are not perfect.
3) Pre-view the Plumb Line, Inc. dba Construction Degreed Home Inspector®
Home Inspection Contract below.
Plumb Line, Inc. dba Construction Degreed Home Inspector
PRE-INSPECTION AGREEMENT
Subject Property to be Inspected:
Inspection Date: Inspection Time: ( ) AM ( ) PM
Client(s) Name:
Client(s) Present Address:
Inspected By:
PLEASE READ THIS DOCUMENT AND ATTACHED ADDENDUM(S) CAREFULLY. IT CONTAINS PROVISIONS THAT LIMIT CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS OF THIS PRE-INSPECTION AGREEMENT YOU SHOULD DISCUSS THEM WITH THE INSPECTOR PRIOR TO SIGNING THIS AGREEMENT.
The Client authorizes the above-identified service provider, hereinafter referred to as “the Company”, to provide the following inspection services at the above identified Subject Property, and agrees to pay the price stated to the Company for the performance of the inspection(s) and issuance of the inspection report(s).
_________ ONLY THOSE SERVICES CHECKED OFF WITH A WRITTEN PRICE WILL BE PROVIDED _________
( ) Home Inspection $ ( ) $
( ) $ ( ) $
( ) $ ( ) $
The total fee for our service(s) is $ Payment is expected before or at the time of inspection. All expenses incurred in collecting any overdue payments or returned checks are the responsibility of the Client.
Payment is made by: ( ) Check No. ( ) Cash
REPORT DISTRIBUTION: The Client controls the distribution of all inspection reports and authorizes the Company to release copies of the report or summary to the following: ( ) CLIENT ( ) CLIENT’S Real Estate Agent ( ) CLIENT’S Attorney ( ) Other:
NOTE: IMPORTANT LIMITATIONS AND EXCLUSIONS OF THIS PRE-INSPECTION AGREEMENT ARE CONTAINED IN THE ATTACHED ADDENDUM ENTITLED LIMITATIONS AND EXCLUSIONS OF THE HOME INSPECTION AND REPORT. PLEASE THE READ THE ADDENDUM CAREFULLY. PLEASE FEEL FREE TO ASK ANY QUESTIONS. For all other services provided by the Company, if any, the terms and conditions of such services are contained in the additional attached Agreements and/or Addendums.
I have read and agree to each of the terms, conditions, limitations and exclusions of this Pre-Inspection Agreement and the attached addendum(s).
Client's Signature: _____________________________________________________ Date: ___________________
Client's Name: ________________________________________________________
Please Print
Client's Signature: _____________________________________________________ Date: ___________________
Client's Name: ________________________________________________________
Please Print
Copyright ©2016 InspectionContracts.com. All Rights Reserved. Page 1 of 3
PRE-INSPECTION AGREEMENT
Subject Property to be Inspected:
Inspection Date: Inspection Time: ( ) AM ( ) PM
Client(s) Name:
Client(s) Present Address:
Inspected By:
PLEASE READ THIS DOCUMENT AND ATTACHED ADDENDUM(S) CAREFULLY. IT CONTAINS PROVISIONS THAT LIMIT CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS OF THIS PRE-INSPECTION AGREEMENT YOU SHOULD DISCUSS THEM WITH THE INSPECTOR PRIOR TO SIGNING THIS AGREEMENT.
The Client authorizes the above-identified service provider, hereinafter referred to as “the Company”, to provide the following inspection services at the above identified Subject Property, and agrees to pay the price stated to the Company for the performance of the inspection(s) and issuance of the inspection report(s).
_________ ONLY THOSE SERVICES CHECKED OFF WITH A WRITTEN PRICE WILL BE PROVIDED _________
( ) Home Inspection $ ( ) $
( ) $ ( ) $
( ) $ ( ) $
The total fee for our service(s) is $ Payment is expected before or at the time of inspection. All expenses incurred in collecting any overdue payments or returned checks are the responsibility of the Client.
Payment is made by: ( ) Check No. ( ) Cash
REPORT DISTRIBUTION: The Client controls the distribution of all inspection reports and authorizes the Company to release copies of the report or summary to the following: ( ) CLIENT ( ) CLIENT’S Real Estate Agent ( ) CLIENT’S Attorney ( ) Other:
NOTE: IMPORTANT LIMITATIONS AND EXCLUSIONS OF THIS PRE-INSPECTION AGREEMENT ARE CONTAINED IN THE ATTACHED ADDENDUM ENTITLED LIMITATIONS AND EXCLUSIONS OF THE HOME INSPECTION AND REPORT. PLEASE THE READ THE ADDENDUM CAREFULLY. PLEASE FEEL FREE TO ASK ANY QUESTIONS. For all other services provided by the Company, if any, the terms and conditions of such services are contained in the additional attached Agreements and/or Addendums.
I have read and agree to each of the terms, conditions, limitations and exclusions of this Pre-Inspection Agreement and the attached addendum(s).
Client's Signature: _____________________________________________________ Date: ___________________
Client's Name: ________________________________________________________
Please Print
Client's Signature: _____________________________________________________ Date: ___________________
Client's Name: ________________________________________________________
Please Print
Copyright ©2016 InspectionContracts.com. All Rights Reserved. Page 1 of 3
LIMITATIONS AND EXCLUSIONS OF THE HOME INSPECTION AND REPORT
CLIENT AND COMPANY (Company is also defined to include any and all inspectors who perform the contracted-for inspections as an employee or independent contractor of the Company) agree to the following terms and conditions:
1. Client Attendance and Permission to Access Subject Property: The Client acknowledges that Client and/or any authorized representative has been encouraged to attend and participate in the inspection and recognizes that failure to do so may result in less than a complete understanding of the findings. The Client further acknowledges that such participation is at the Client’s own risk. The Client warrants that permission has been secured for the Company to enter and inspect the Subject Property.
2. Standards of Practice: The scope of this inspection is defined and limited by the standards, limitations, exceptions and exclusions as contained in the Standards of Practice and Code of Ethics of the American Society of Home Inspectors, Inc.® (“ASHI® SoP”) and this Pre-Inspection Agreement. Inspections performed under the ASHI® SoP are intended to provide the client with information about the condition of inspected systems and components at the time of the home inspection. Additionally, inspections performed under the ASHI® SoP are not technically exhaustive, and are not required to identify or to report: concealed conditions; latent defects; consequential damages; and cosmetic imperfections that do not significantly affect a component’s performance or its intended function.
3. Definitions and Purpose of the Inspection: A home inspection is the process by which an inspector visually examines the readily accessible systems and components of a home and describes those systems and components using the ASHI® SoP. Readily accessible means available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or actions that will likely involve risk to persons or property. Describe means to identify (in writing) a system and component by its type or other distinguishing characteristics.
4. Inspection Report: The Client and the Company agree that the Company, and its inspector(s), will prepare a written inspection report that states:
1. those systems and components inspected that, in the professional judgment of the inspector, are not functioning properly, significantly deficient, unsafe, or are near the end of their service lives; 2. recommendations to correct, or monitor for future correction, the deficiencies reported, or items needing further evaluation (however neither the Company nor the inspector are required to determine methods, materials, or costs of corrections); 3. reasoning or explanation as to the nature of the deficiencies reported that are not self-evident; and 4. those systems and components designated for inspection in ASHI® SoP that were present at the time of the home inspection but were not inspected and the reason(s) they were not inspected.
5. Inspection Exclusions: The Company IS NOT REQUIRED TO DETERMINE: the condition of systems and components that are not readily accessible; the remaining life expectancy of systems and components; the strength, adequacy, effectiveness, and efficiency of systems and components; the causes of conditions and deficiencies; methods, materials, and costs of corrections; future conditions including but not limited to failure of systems and components; the suitability of the Subject Property for specialized uses; compliance of systems and components with past and present requirements and guidelines (including, but not limited to, codes, regulations, laws, ordinances, specifications, installation and maintenance instructions, and use and care guides); the market value of the Subject Property and its marketability; the advisability of purchasing the Subject Property; the presence of plants, animals, and other life forms and substances that may be hazardous or harmful to humans including, but not limited to, wood destroying organisms, molds and mold-like substances; the presence of environmental hazards including, but not limited to, allergens, toxins, carcinogens, electromagnetic radiation, noise, radioactive substances, and contaminants in building materials, soil, water, and air; the effectiveness of systems installed and methods used to control or remove suspected hazardous plants, animals, and environmental hazards; operating costs of systems and components; acoustical properties of systems and components; soil conditions relating to geotechnical or hydrologic specialties; or whether items, materials, conditions and components are subject to recall, controversy, litigation, product liability, and other adverse claims and conditions. The Company IS NOT REQUIRED TO OFFER OR TO PERFORM: acts or services contrary to law or to government regulations; architectural, engineering, contracting, or surveying services or to confirm or to evaluate such services performed by others; trades or professional services other than home inspection; or warranties or guarantees. The Company IS NOT REQUIRED TO OPERATE: systems and components that are shut down or otherwise inoperable; systems and components that do not respond to normal operating controls; shut-off valves and manual stop valves; or automatic safety controls. The Company IS NOT REQUIRED TO ENTER: areas that will, in the professional judgment of the inspector, likely be dangerous to the inspector or to other persons, or to damage the Subject Property or its systems and components; or under-floor crawlspaces and attics that are not readily accessible. The Company IS NOT REQUIRED TO INSPECT: underground items including, but not limited to, underground storage tanks and other underground indications of their presence, whether abandoned or active; items that are not installed; installed decorative items; items in areas that are not entered in accordance with the ASHI® SoP; detached structures other than garages and carports; common elements and common areas in multi-unit housing, such as condominium properties and cooperative housing; every occurrence of multiple similar components; or outdoor cooking appliances. The Company IS NOT REQUIRED TO: perform procedures or operations that will, in the professional judgment of the inspector, likely be dangerous to the inspector or to other persons, or to damage the Subject Property or its systems or components; describe or report on systems and components that are not included in the ASHI® SoP and that were not inspected; move personal property, furniture, equipment, plants, soil, snow, ice, and debris; dismantle systems and components, except as explicitly required by the ASHI® SoP; reset, reprogram, or otherwise adjust devices, systems, and components affected by inspection required by the ASHI® SoP; ignite or extinguish fires, pilot lights, burners, and other open flames that require manual ignition; or probe surfaces that would be damaged or where no deterioration is visible or presumed to exist.
6. BINDING ARBITRATION PROVISION. PLEASE READ CAREFULLY: Any dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the inspection or the report shall be submitted to final and binding arbitration as conducted by and according to the Rules and Procedures of Construction Dispute Resolution Services, LLC. The decision of the arbitrator appointed by Construction Dispute Resolution Services, LLC shall be final and binding and judgment on the decision may be entered in any Court of competent jurisdiction. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
Copyright ©2016 InspectionContracts.com. All Rights Reserved. Page 2 of 3
CLIENT AND COMPANY (Company is also defined to include any and all inspectors who perform the contracted-for inspections as an employee or independent contractor of the Company) agree to the following terms and conditions:
1. Client Attendance and Permission to Access Subject Property: The Client acknowledges that Client and/or any authorized representative has been encouraged to attend and participate in the inspection and recognizes that failure to do so may result in less than a complete understanding of the findings. The Client further acknowledges that such participation is at the Client’s own risk. The Client warrants that permission has been secured for the Company to enter and inspect the Subject Property.
2. Standards of Practice: The scope of this inspection is defined and limited by the standards, limitations, exceptions and exclusions as contained in the Standards of Practice and Code of Ethics of the American Society of Home Inspectors, Inc.® (“ASHI® SoP”) and this Pre-Inspection Agreement. Inspections performed under the ASHI® SoP are intended to provide the client with information about the condition of inspected systems and components at the time of the home inspection. Additionally, inspections performed under the ASHI® SoP are not technically exhaustive, and are not required to identify or to report: concealed conditions; latent defects; consequential damages; and cosmetic imperfections that do not significantly affect a component’s performance or its intended function.
3. Definitions and Purpose of the Inspection: A home inspection is the process by which an inspector visually examines the readily accessible systems and components of a home and describes those systems and components using the ASHI® SoP. Readily accessible means available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or actions that will likely involve risk to persons or property. Describe means to identify (in writing) a system and component by its type or other distinguishing characteristics.
4. Inspection Report: The Client and the Company agree that the Company, and its inspector(s), will prepare a written inspection report that states:
1. those systems and components inspected that, in the professional judgment of the inspector, are not functioning properly, significantly deficient, unsafe, or are near the end of their service lives; 2. recommendations to correct, or monitor for future correction, the deficiencies reported, or items needing further evaluation (however neither the Company nor the inspector are required to determine methods, materials, or costs of corrections); 3. reasoning or explanation as to the nature of the deficiencies reported that are not self-evident; and 4. those systems and components designated for inspection in ASHI® SoP that were present at the time of the home inspection but were not inspected and the reason(s) they were not inspected.
5. Inspection Exclusions: The Company IS NOT REQUIRED TO DETERMINE: the condition of systems and components that are not readily accessible; the remaining life expectancy of systems and components; the strength, adequacy, effectiveness, and efficiency of systems and components; the causes of conditions and deficiencies; methods, materials, and costs of corrections; future conditions including but not limited to failure of systems and components; the suitability of the Subject Property for specialized uses; compliance of systems and components with past and present requirements and guidelines (including, but not limited to, codes, regulations, laws, ordinances, specifications, installation and maintenance instructions, and use and care guides); the market value of the Subject Property and its marketability; the advisability of purchasing the Subject Property; the presence of plants, animals, and other life forms and substances that may be hazardous or harmful to humans including, but not limited to, wood destroying organisms, molds and mold-like substances; the presence of environmental hazards including, but not limited to, allergens, toxins, carcinogens, electromagnetic radiation, noise, radioactive substances, and contaminants in building materials, soil, water, and air; the effectiveness of systems installed and methods used to control or remove suspected hazardous plants, animals, and environmental hazards; operating costs of systems and components; acoustical properties of systems and components; soil conditions relating to geotechnical or hydrologic specialties; or whether items, materials, conditions and components are subject to recall, controversy, litigation, product liability, and other adverse claims and conditions. The Company IS NOT REQUIRED TO OFFER OR TO PERFORM: acts or services contrary to law or to government regulations; architectural, engineering, contracting, or surveying services or to confirm or to evaluate such services performed by others; trades or professional services other than home inspection; or warranties or guarantees. The Company IS NOT REQUIRED TO OPERATE: systems and components that are shut down or otherwise inoperable; systems and components that do not respond to normal operating controls; shut-off valves and manual stop valves; or automatic safety controls. The Company IS NOT REQUIRED TO ENTER: areas that will, in the professional judgment of the inspector, likely be dangerous to the inspector or to other persons, or to damage the Subject Property or its systems and components; or under-floor crawlspaces and attics that are not readily accessible. The Company IS NOT REQUIRED TO INSPECT: underground items including, but not limited to, underground storage tanks and other underground indications of their presence, whether abandoned or active; items that are not installed; installed decorative items; items in areas that are not entered in accordance with the ASHI® SoP; detached structures other than garages and carports; common elements and common areas in multi-unit housing, such as condominium properties and cooperative housing; every occurrence of multiple similar components; or outdoor cooking appliances. The Company IS NOT REQUIRED TO: perform procedures or operations that will, in the professional judgment of the inspector, likely be dangerous to the inspector or to other persons, or to damage the Subject Property or its systems or components; describe or report on systems and components that are not included in the ASHI® SoP and that were not inspected; move personal property, furniture, equipment, plants, soil, snow, ice, and debris; dismantle systems and components, except as explicitly required by the ASHI® SoP; reset, reprogram, or otherwise adjust devices, systems, and components affected by inspection required by the ASHI® SoP; ignite or extinguish fires, pilot lights, burners, and other open flames that require manual ignition; or probe surfaces that would be damaged or where no deterioration is visible or presumed to exist.
6. BINDING ARBITRATION PROVISION. PLEASE READ CAREFULLY: Any dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the inspection or the report shall be submitted to final and binding arbitration as conducted by and according to the Rules and Procedures of Construction Dispute Resolution Services, LLC. The decision of the arbitrator appointed by Construction Dispute Resolution Services, LLC shall be final and binding and judgment on the decision may be entered in any Court of competent jurisdiction. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
Copyright ©2016 InspectionContracts.com. All Rights Reserved. Page 2 of 3
7. Disclaimer of Warranty: The Client understands that the inspection and report do not, in any way, constitute a guarantee, warranty of merchantability or fitness for a particular purpose, express or implied warranty, or an insurance policy. Additionally, neither the inspection nor the report is a substitute for any real estate transfer disclosures that may be required by law.
8. Notice of Claims: The Client agrees that any claim for failure of the Company to fulfill its obligations under this Agreement shall be made in writing to the Company upon discovery. The Client also agrees to allow the Company ten (10) days to come to the Subject Property to inspect and evaluate any condition complained of by the Client to the Company and not to make, or allow others to make, any alteration to the claimed condition until the Company has had the opportunity to inspect and evaluate the claimed condition, except in case of emergency.
9. Choice of Law: This Pre-Inspection Agreement shall by governed by Ohio law. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between the parties.
10. LIMITATION OF LIABILITY. PLEASE READ CAREFULLY: The Client understands and agrees that the Company is not an insurer and that the payment for the inspection and report is based solely on the value of the service provided by the Company in the performance of the limited visual inspection and production of the report as described herein. The Client further understands and agrees that it is impracticable and extremely difficult to fix actual damages, if any, which may result from a failure to perform such services. Thus, the Client agrees that the sole and exclusive remedy for any claims against the Company, including claims for, but not limited to, breach of contract, any form of negligence (except gross negligence), fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the inspection or report, is limited to an amount equal to the inspection fee multiplied by two (2), as liquidated damages and not as a penalty. The Client releases the Company from any and all additional liability, whether based on contract, tort, or any other legal theory. The Client understands that he/she/they is/are free to consult with another professional if the Client does not agree to this provision.
11. Systems & Components Not Inspected By Agreement: The Client and the Company agree that the following systems and/or components of the Subject Property are specifically excluded from the inspection at the request of the Client:
12. Responsibility for Return Inspections: The Client understands that if any systems and/or components of the Subject Property cannot be inspected due to unforeseen circumstances during the inspection it is the Client’s duty to contact the Company should the Client desire the Company to return to the Subject Property at a later date or time to inspect those systems and/or components. Any systems and/or components not inspected due to unforeseen circumstances will be identified in the report. If Client desires the Company to return at a later date or time the Client hereby agrees that the Company will charge the Client an additional fee in the amount of $ 150/hour including travel time with a minimum charge of $150 to conduct the return inspection. Paid prior to or at the time of the return inspection.
13. LIMITATION ON TIME TO BRING LEGAL ACTION. PLEASE READ CAREFULLY: Any legal action, dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the inspection or the report must be brought within one (1) year from the date of the inspection, regardless of when the Client first discovers the facts supporting such possible claims as identified herein. Failure to bring said action within one (1) year of the date of services shall be a complete bar to any such action a full and complete waiver of any rights, actions or causes of actions that may have arisen thereon. This time period may be shorter than otherwise provided by State law.
14. Entire Agreement: This Pre-Inspection Agreement and any subsequent report issued to the Client by the Company represent the entire agreement between the parties. No oral agreements, understandings, or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever. The inspection is being performed for the exclusive use and benefit of the Client. The inspection, including the written report, is not to be transferred to, utilized or relied upon by any other person or entity without prior written permission of the Company.
15. Client’s Agreement & Understanding of Terms: By signing this Agreement, the undersigned Client agrees that he/she/I/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement, including the provisions for arbitration, and limitations and exclusions, and agree to pay the fee shown according to the terms above. The Client understands that the Client has a right to have an attorney of the Client’s choice review this Agreement before signing it. The Client understands that if the Client does not agree with any of the terms, conditions, limitations and/or exclusions set forth in this Agreement, the Client is free to not sign it. The Client understands that the Client may retain another provider to perform the services contemplated by this Agreement. The Client further understands that, should the Client not agree to the terms and conditions set forth in this Agreement, the Client may negotiate with the Company for different terms and conditions.
Client's Signature: _____________________________________________________ Date: ___________________
Client's Name: ________________________________________________________
Please Print
Client's Signature: _____________________________________________________ Date: ___________________
Client's Name: ________________________________________________________
Please Print
Copyright ©2016 InspectionContracts.com. All Rights Reserved. Page 3 of 3
8. Notice of Claims: The Client agrees that any claim for failure of the Company to fulfill its obligations under this Agreement shall be made in writing to the Company upon discovery. The Client also agrees to allow the Company ten (10) days to come to the Subject Property to inspect and evaluate any condition complained of by the Client to the Company and not to make, or allow others to make, any alteration to the claimed condition until the Company has had the opportunity to inspect and evaluate the claimed condition, except in case of emergency.
9. Choice of Law: This Pre-Inspection Agreement shall by governed by Ohio law. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between the parties.
10. LIMITATION OF LIABILITY. PLEASE READ CAREFULLY: The Client understands and agrees that the Company is not an insurer and that the payment for the inspection and report is based solely on the value of the service provided by the Company in the performance of the limited visual inspection and production of the report as described herein. The Client further understands and agrees that it is impracticable and extremely difficult to fix actual damages, if any, which may result from a failure to perform such services. Thus, the Client agrees that the sole and exclusive remedy for any claims against the Company, including claims for, but not limited to, breach of contract, any form of negligence (except gross negligence), fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the inspection or report, is limited to an amount equal to the inspection fee multiplied by two (2), as liquidated damages and not as a penalty. The Client releases the Company from any and all additional liability, whether based on contract, tort, or any other legal theory. The Client understands that he/she/they is/are free to consult with another professional if the Client does not agree to this provision.
11. Systems & Components Not Inspected By Agreement: The Client and the Company agree that the following systems and/or components of the Subject Property are specifically excluded from the inspection at the request of the Client:
12. Responsibility for Return Inspections: The Client understands that if any systems and/or components of the Subject Property cannot be inspected due to unforeseen circumstances during the inspection it is the Client’s duty to contact the Company should the Client desire the Company to return to the Subject Property at a later date or time to inspect those systems and/or components. Any systems and/or components not inspected due to unforeseen circumstances will be identified in the report. If Client desires the Company to return at a later date or time the Client hereby agrees that the Company will charge the Client an additional fee in the amount of $ 150/hour including travel time with a minimum charge of $150 to conduct the return inspection. Paid prior to or at the time of the return inspection.
13. LIMITATION ON TIME TO BRING LEGAL ACTION. PLEASE READ CAREFULLY: Any legal action, dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the inspection or the report must be brought within one (1) year from the date of the inspection, regardless of when the Client first discovers the facts supporting such possible claims as identified herein. Failure to bring said action within one (1) year of the date of services shall be a complete bar to any such action a full and complete waiver of any rights, actions or causes of actions that may have arisen thereon. This time period may be shorter than otherwise provided by State law.
14. Entire Agreement: This Pre-Inspection Agreement and any subsequent report issued to the Client by the Company represent the entire agreement between the parties. No oral agreements, understandings, or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever. The inspection is being performed for the exclusive use and benefit of the Client. The inspection, including the written report, is not to be transferred to, utilized or relied upon by any other person or entity without prior written permission of the Company.
15. Client’s Agreement & Understanding of Terms: By signing this Agreement, the undersigned Client agrees that he/she/I/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement, including the provisions for arbitration, and limitations and exclusions, and agree to pay the fee shown according to the terms above. The Client understands that the Client has a right to have an attorney of the Client’s choice review this Agreement before signing it. The Client understands that if the Client does not agree with any of the terms, conditions, limitations and/or exclusions set forth in this Agreement, the Client is free to not sign it. The Client understands that the Client may retain another provider to perform the services contemplated by this Agreement. The Client further understands that, should the Client not agree to the terms and conditions set forth in this Agreement, the Client may negotiate with the Company for different terms and conditions.
Client's Signature: _____________________________________________________ Date: ___________________
Client's Name: ________________________________________________________
Please Print
Client's Signature: _____________________________________________________ Date: ___________________
Client's Name: ________________________________________________________
Please Print
Copyright ©2016 InspectionContracts.com. All Rights Reserved. Page 3 of 3
ATTACHED ADDENDUM
In addition to the Client agreeing that he/she/I/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement agrees to the following: The Company as defined to include any and all inspectors who perform the contracted-for inspections as an employee or independent contractor of the Company agree to the following terms and conditions:
· _____Conduct A good faith effort to conduct a home inspection defined in the agreement Understanding and agreeing that the Company/Inspector may not find all deficiencies that may be present on the property and that other deficiencies may exist on the property but were not observed nor recorded by the inspector at the time of the inspection.
· _____The Client / property owner Assume any liability whatsoever expressed or implied that the all noted health and safety hazards constitute all of the health and safety deficiencies that may be present on the property. Any and all liability for the health and safety hazards noted above, as well as any health and safety hazards that may exist on the property but were not observed by the inspector, are the full and absolute responsibility of the Client /property owner and not the Company nor the inspector.
VERY IMPORTANT Read, process and act Immediately on the inspection report findings.
Act Absolutely Prior to signing off on the inspection contingency as you may want/need:
· Additional Inspections/Evaluations* See list below.
· Estimates for repair and/or replace of a system or component.
· Renegotiation of the selling price with the Seller or Seller to correct any/or all deficiencies.
· Decision not to purchase based on the inspections observations.
· Any other Residential Property Disclosure Form Concerns.
OR
· Knowing and understanding the inspection and report IS NOT a warranty nor guarantee in any way shape or form, expressed or implied.
· The Inspector does get involved with advising the purchasing or not purchasing the home.
· Decide to move forward in your purchase. Which is a decision that you the Buyer(s) alone assume all risks and responsibility for.
The Home Inspector is a generalist. A Home Inspection is NOT TECHNICALLY EXHAUSTIVE See below 13.1 B.1.**
Example: As a Generalist Doctor rather than a specialist in every specific area of medicine.
*Additional Inspections/Evaluations/Tests from different specialists may include but is not limited to the following:
In addition to the Client agreeing that he/she/I/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement agrees to the following: The Company as defined to include any and all inspectors who perform the contracted-for inspections as an employee or independent contractor of the Company agree to the following terms and conditions:
· _____Conduct A good faith effort to conduct a home inspection defined in the agreement Understanding and agreeing that the Company/Inspector may not find all deficiencies that may be present on the property and that other deficiencies may exist on the property but were not observed nor recorded by the inspector at the time of the inspection.
· _____The Client / property owner Assume any liability whatsoever expressed or implied that the all noted health and safety hazards constitute all of the health and safety deficiencies that may be present on the property. Any and all liability for the health and safety hazards noted above, as well as any health and safety hazards that may exist on the property but were not observed by the inspector, are the full and absolute responsibility of the Client /property owner and not the Company nor the inspector.
VERY IMPORTANT Read, process and act Immediately on the inspection report findings.
Act Absolutely Prior to signing off on the inspection contingency as you may want/need:
· Additional Inspections/Evaluations* See list below.
· Estimates for repair and/or replace of a system or component.
· Renegotiation of the selling price with the Seller or Seller to correct any/or all deficiencies.
· Decision not to purchase based on the inspections observations.
· Any other Residential Property Disclosure Form Concerns.
OR
· Knowing and understanding the inspection and report IS NOT a warranty nor guarantee in any way shape or form, expressed or implied.
· The Inspector does get involved with advising the purchasing or not purchasing the home.
· Decide to move forward in your purchase. Which is a decision that you the Buyer(s) alone assume all risks and responsibility for.
The Home Inspector is a generalist. A Home Inspection is NOT TECHNICALLY EXHAUSTIVE See below 13.1 B.1.**
Example: As a Generalist Doctor rather than a specialist in every specific area of medicine.
*Additional Inspections/Evaluations/Tests from different specialists may include but is not limited to the following:
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**The Standard of Practice for Home Inspections and Code of Ethics of the American Society of Home Inspectors
13. GENERAL LIMITATIONS AND EXCLUSIONS
13.1 General limitations
A. The inspector is NOT required to perform actions, or to make determinations, or to make recommendations not specifically stated in this Standard.
B. Inspections performed using this Standard:
1. are not technically exhaustive.
2. are not required to identify and to report:
a. concealed conditions, latent defects, consequential damages, and
b. cosmetic imperfections that do not significantly affect a component’s performance of its intended function.
Technically Exhaustive
An investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.
· Client's Signature: _____________________________________________________ Date: ___________________
· Client's Name: ________________________________________________________
· Please Print
· Client's Signature: _____________________________________________________ Date: ___________________
· Client's Name: ________________________________________________________
Copyright © 2016 Plumb Line, Inc. dba Construction Degreed Home Inspector. All Rights Reserved. Page 1 of 1
13. GENERAL LIMITATIONS AND EXCLUSIONS
13.1 General limitations
A. The inspector is NOT required to perform actions, or to make determinations, or to make recommendations not specifically stated in this Standard.
B. Inspections performed using this Standard:
1. are not technically exhaustive.
2. are not required to identify and to report:
a. concealed conditions, latent defects, consequential damages, and
b. cosmetic imperfections that do not significantly affect a component’s performance of its intended function.
Technically Exhaustive
An investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.
· Client's Signature: _____________________________________________________ Date: ___________________
· Client's Name: ________________________________________________________
· Please Print
· Client's Signature: _____________________________________________________ Date: ___________________
· Client's Name: ________________________________________________________
Copyright © 2016 Plumb Line, Inc. dba Construction Degreed Home Inspector. All Rights Reserved. Page 1 of 1