This
is our report of a visual inspection of the readily accessible areas of the
building, in accordance with the terms and conditions in the PRE-INSPECTION
AGREEMENT, which is a part of this report and incorporated herein.
PRE INSPECTION
AGREEMENT (PLEASE READ CAREFULLY)
COMPANY agrees to conduct an inspection for the
purpose of informing the CUSTOMER of major deficiencies in the condition of the
property, subject to the UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY
below. The inspection and report are
performed and prepared for the sole, confidential and exclusive use and
possession of the CUSTOMER. Neither the
contents of the report or any representations made herein are assignable
without the express written permission of the COMPANY and any reliance thereon
by any party other than the CUSTOMER named above is prohibited. The written report will include the following
only:
o
electrical, plumbing, hot water heater, heating and air
conditioning o general exterior, including roof, gutter,
chimney, drainage, and grading o
kitchen appliances o quality, condition and life expectancy of
major systems
It is understood and agreed that this
inspection will be of readily accessible areas of the building and is limited
to visual observations of apparent conditions existing at the time of the
inspection only. Latent and concealed
defects and deficiencies are excluded from the inspection; equipment, items and
systems will not be dismantled or moved.
Maintenance and other items may be discussed, but they are not a part of
our inspection. The report is not a
compliance inspection or certification for past or present government codes or
regulations of any kind. The inspection
and report do not address and are not intended to address the possible presence
of or danger from any potentially harmful substances and environmental hazards
including, but not limited to, lead paint, asbestos, urea formaldehyde, toxic
or flammable chemicals, mold and water/airborne hazards. Also excluded are inspections of and reports
on swimming pools, underground fuel tanks, wells, septic systems, security
systems, central vacuum systems, water softeners, sprinklers systems, fire and
safety equipment and presence or absence of rodents. Optional tests that may be performed for additional fees at the
customer’s direction include tests for radon gas, various drinking water tests,
septic system dye test and inspection for wood destroying insects.
It is understood and agreed that the Company is not an insurer and that
the inspection and report are not intended to or be construed as a guarantee or
warranty of the adequacy, performance or condition of any structure, item or
system at the property address. Should
the CUSTOMER believe that the COMPANY, or its inspectors are negligent in the
inspection, the CUSTOMER must communicate in writing to the COMPANY within ten
(10) days of the discovery of any defect and allow the COMPANY an opportunity to inspect the
items in question prior to repair or replacement. Failure to conform with this condition
releases the COMPANY from all liability and obligations.
Any controversy or CUSTOMER claim arising out of or relating to this
contract, or the breach thereof, shall be settled by arbitration administered
by the American Arbitration Association under its Construction Industry
Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction thereof. The inspection will be judged in accordance with the "ASHI
Standards of Practice". The
"ASHI Standards of Practice" provides the minimum standards of
performance for a written residential home inspection. In addition, any legal
action must be brought within one (1) year from the date of the inspection or
will be deemed waived and forever barred. A service charge of 1½% per month
(18% APR) will be added to all overdue accounts. The CUSTOMER is also liable for all collection costs and legal
costs associated with collection. If
any portion of this report is found invalid or unenforceable by any court of
qualified jurisdiction, the remaining provisions shall remain in force between
parties.
In the event that the COMPANY and/or its agents or employees are found
liable due to breach of contract, breach of warranty, negligence, negligent
misrepresentation, negligent hiring or any other theory of liability, then the
liability of the COMPANY and its agents and employees shall be limited to a sum
equal to the amount of the fee paid by the CUSTOMER for the inspection and
report.
ACCEPTANCE AND UNDERSTANDING OF THIS AGREEMENT ARE HEREBY ACKNOWLEDGED:
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Customer
Date
Company Representative Date