Inspection Agreement
(Please read carefully)
THIS AGREEMENT is made and entered into by and between
About The House Home Inspections Inc., referred to
as "Inspector", and ____________________
, referred to as "Client".
In consideration of the promise and terms of this
Agreement, the parties agree as follows:
1. The
client will pay the sum of $__________of the inspection
of the "Property", being the residence,
located at ____________________________________________________________
2. The
Inspector will perform a visual inspection and prepare
a written report of the apparent condition of the
readily accessible installed systems and components
of the property existing at the time of the inspection.
Latent and concealed defects and deficiencies are
excluded from the inspection.
3. The
parties agree that the "Standards of Practice
of the International Association of Certified Home
Inspectors" (the "Standards")
shall define the standard of duty and the conditions,
limitations, and exclusions of the inspection and
are incorporated by reference herein. A copy of the
Standards is included with this report.
4. The
parties understand and agree that the Inspector and
its employees and its agents assume no liability
or responsibility for the costs of repairing or replacing
any unreported defects or deficiencies either current
or arising in the future or any property damage,
consequential damage or bodily injury of any nature.
If repairs or replacement is done without giving
the Inspector the required notice of 48 hours in
writing, the Inspector will have no liability to
the Client. The Client agrees and acknowledge
that the Inspector does not carry Errors and Omissions
Insurance and that the maximum liability of the Inspector
for Errors or Omissions during the inspection or
contained in the report shall be limited to the sum
equal to the Inspectors fee for the Inspection Service
and you the Client releases the Inspector from any
additional Liability or costs.
5. The
parties agree and understand the Inspector is not
an insurer or guarantor against defects in the structure,
items, components or systems inspected. INSPECTOR
MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE
FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY
OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
6. If
Client is married, Client represents that this obligation
is a family obligation incurred in the interest of
the family.
7. This
Agreement, including the terms and conditions on
the next page, represents the entire agreement between
the parties and there are no other agreements either
written or oral between them. This Agreement shall
be amended only by written agreement signed by both
parties.
Client has read this entire Agreement and accepts
and understands this Agreement as hereby acknowledged.
Client acknowledges receipt of the standards of practice
which applies. The Client further agrees to the limitation
on our liability that they understand that they assume
all risks associated with the purchase of the property.
ADDITIONAL TERMS, CONDITIONS AND LIMITATIONS
8. Systems,
items, and conditions which are not within the scope
of the building inspection include, but are not limited
to: radon, formaldehyde, lead paint, asbestos, toxic
or flammable materials, molds, fungi, other environmental
hazards; pest infestation; security and fire protection
systems; household appliances; humidifiers; paint,
wallpaper and other treatments to windows, interior
walls, ceilings and floors; recreational equipment
or facilities; underground storage tanks, energy
efficiency measurements; concealed or private secured
systems; water wells; heating systems accessories;
solar heating systems; furnace heat
exchangers: sprinkling systems; water softener;
central vacuum systems, telephone; security systems;
intercom or cable TV systems; satellite dishes; antennae,
lightning arrestors, trees or plants; oil tanks;
non- central air conditioning units: swimming pools,
saunas; hot tubs; whirlpools; spas; fences; driveways;
outbuildings, sheds, barns, other dwellings governing
codes, ordinances, statutes and covenants and manufacturer
specifications. Client understands that these systems,
items and conditions are excepted from this inspection.
Any general comments about these systems, items and
conditions of the written report are informal only
and DO NOT represent an inspection.
9. The
Inspection and report are performed and prepared
for the sole and exclusive use and possession of
the Client. No other person or entity may rely on
the report issued pursuant to this Agreement. In
the event that any person, not a party to this Agreement,
makes any claim against Inspector, its employees
or agents, arising out of the services performed
by Inspector under this Agreement, the Client agrees
to indemnify, defend and hold harmless Inspector
from any and all damages, expenses, costs and attorney
fees arising from such a claim.
10. The Inspection
will not include an appraisal of the value or a survey.
The written report is not a compliance inspection
or certification for past or present governmental
codes or regulations of any kind.
11. In the event
of a claim by the Client that an installed system
or component of the premises which was inspected
by the Inspector was not in the condition reported
by the Inspector, the Client agrees to notify the
Inspector at least 48 hours prior in writing to repairing
or replacing such system or component. The Client
further agrees that the Inspector is liable only
if there has been a complete failure to follow the
standards adhered to in the report. If you do not
notify the Inspector of any complaints in writing
within a) 14 days from discovery b) access to the
premises. Failure to comply will release the Inspector
and its agents from any liability and will be deemed
waived and forever barred.
12. This inspection
does not determine whether the property is insurable.
13. Cancellation
Fee of $150.00 will be charged to the Client in
the event of cancellation of a booked Inspection
within 4 hours of the booked Inspection start time.
14. The Client agrees to pay in full by cash or money
order after signing the Inspection Agreement and
before the Inspection begins. If payment is not made
the report will not be released and the Inspection
Agreement is null and void.
Signature: ____________________________________
Date: _________ Day:
___________
Signature: Date: Time:
Street Address: _______________________________________Buyer
Present: Yes No
City: ___________Agent present: Yes No Agents
Name: __________________________
Inspector’s Signature Date:
________, 2008
Inspection #: _________ Weather
Conditions:_____________________________________
Inspectors Address: 4025 Dorchester Rd, Suite 162 Niagara
Falls, Ontario (905)-371-4229 www.abouthehousehomeinspections.com
Client agrees to release reports to seller/buyer/Realtor®: Yes No
DEFINITIONS
1. Apparent
Condition: Systems and components are rated as follows:
SATISFACTORY - Indicates
the component is functionally consistent with its
original purpose but may show signs of normal wear
and tear and deterioration.
MARGINAL - Indicates the component
will probably require repair or replacement anytime
with in five years.
POOR - Indicates the component
will need repair or replacement now or in the very
near future.
MAJOR CONCERNS - A system or component
that is considered significantly deficient or is
unsafe.
SAFETY HAZARD - Denotes a condition
that is unsafe and in need of prompt attention.
2. Installed
systems and components: structural components; exterior;
interior; roofing; plumbing; electrical; heating;
central air-conditioning (weather permitting); insulation
and ventilation.
3. Readily
accessible systems and components: only those systems
and components where Inspector is not required to
remove personal items, furniture, equipment, soil,
snow, or other items which obstruct access or visibility.
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