TERMS AND NATURE BY WHICH THE ABOVE LISTED PROPERTY IS INSPECTED
By signing this agreement, the Client warrants that they have carefully read the Agreement, understand and accept that they are bound by the terms expressed herein and as further described in the Standards of Practice as established by International Association of Certified Home Inspectors (InterNACHI). http://www.nachi.org/sop.htm.
1. The home inspection to be performed consists of non-intrusive, primarily visual observations of the readily available systems, equipment and components of the residential structure identified above. The inspection is not technically exhaustive. The inspection is designed to identify material physical deficiencies in the systems, equipment and components, as they exist at the specific time of the inspection, and that are readily accessible nor obstructed from view or concealed because of snow, debris, soil, walls, carpets, ceilings, furnishing or any other thing, or have NOT been excluded by the International Association of Certified Home Inspectors (InterNACHI) Standards of Practice. http://www.nachi.org/sop.htm
2. The inspector is an expert generalist and not acting as an expert in any SPECIFIC craft or trade. The inspector may make recommendations in the inspection report for further evaluation by an individual(s) who is an expert or specialist in one or more specific systems, equipment or components.
3. Any systems and components operated during the inspection will be identified in the inspection report, and shall be operated using only normal user controls and as conditions permit. Testing, measuring, or preparing calculations for any system or component to determine adequacy, efficiency, capacity, or compliance with any standard are generally outside the scope of this contract except where basic tools may be employed (ie. thermostats, moisture detector, outlet tester) to gather general information viewed to beneficial to the client.
4. The work product resulting from the completion of the inspection will be a written inspection report. The inspection includes only those systems, equipment and components identified in the inspection report. The inspection report shall be considered the final and exclusive findings of the inspector regarding the inspection of the building. The Client shall not rely on any oral statements made by the inspector prior to the issuance of the inspection report.
5. This inspection and the inspection report are performed for the sole, confidential and exclusive use and benefit of the Client. The Client agrees to read the entire inspection report when it is received and shall promptly call the inspector with any questions or concerns the Client may have.
6. The inspection contract, the inspection and the inspection report do not constitute a warranty, guarantee or insurance policy of any kind, expressed or implied, nor is it a substitute for real estate transfer disclosures which may be required by law.
7. In the event the Client discovers a material physical deficiency in a component, system or equipment of the building that was not identified and reported by the inspector, the Client shall notify the inspector and allow the inspector the opportunity to re-inspect and document the condition(s) of the deficiency prior to making any repair, alteration, or replacement to the deficiency in question.
8. The following areas/items, systems and components are among those NOT included in the inspection:
• Building code or zoning ordinance violations, boundaries, easements or rights of way
• Permit or public records research
• Geological stability or soils conditions or structural stability or engineering analysis or testing
• System or component installation guidelines or manufacturer's specification or system or component life expectancy
• All wood-destroying organisms
• Conditions related to animals, rodents, insects, or other pests, dry-rot or fungus, mold, mildew or the damage caused thereby
• Latent or concealed defects, floor cracks, and all underground components
• Gas leaks, asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals, water or air quality, PCB's, or other toxins, electro-magnetic fields, underground storage tanks, proximity to toxic waste sites, or other environmental or health-hazards, odors or noise
• Product recalls or other such notices
• Thermostatic, motion, time clock, radio controlled,Wi-Fi controlled or other such devices
• Private water or sewage systems, water softeners or purifiers
• Pools, spas, hot tubs, saunas, steam-baths, fountains or other types of or related systems and components (except provisions related to the seven drowning prevention safety features)
• Elevators, lifts or dumbwaiters
• Security or fire safety items or systems (except smoke and CO detectors)
• Repair cost estimates or building value appraisal
• Solar systems, personal property, interior partition walls, tenant improvements or non-building equipment
• Removal of equipment covers, panels or plates
• Specific components noted in the inspection report as being beyond the scope of the inspection
9. LIMITATION OF LIABILITY: It is agreed that should a dispute arise regarding the inspection or report, Client agrees to notify inspector prior to commencing any legal action. If parties are unable to resolve their dispute, Client must pursue any dispute through Small Claims Court. Disputes with alleged damages greater than the limits of Small Claims Court, must be submitted to binding arbitration through Construction Dispute Resolution Services. In no circumstance shall the total liability attributable to the inspector exceed (3x) three times the inspection fee paid.
10. SEVERABILITY: Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the courts holding.
No inspection can wholly eliminate the uncertainty regarding the presence of physical deficiencies and the performance of a building's systems. The purchase of real estate involves some risk. This inspection can help to reduce or quantify the risk, but does not necessarily eliminate it. Inspector will not determine insurability of any system or component.
Client or Client's representative acknowledge that they have read and understand all the terms, conditions and limitations of this contract and voluntarily agrees to be bound thereby.
THIS CONTRACT DOES NOT HOLD THE CLIENT'S REPRESENTATIVE RESPONSIBLE FOR ANY FINANCIAL OBLIGATION. THE CLIENT IS SOLELY RESPONSIBLE FOR PAYMENT OF THIS SERVICE.