INSPECTION AGREEMENT
THIS AGREEMENT is made and entered into by and between _____________________________________, 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. This client will pay the sum of $___________ for the inspection of the “Property,” being the residence, and garage or carport, if applicable, 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” (the “Standards”) shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. If the State/ Province where the inspection is performed imposes more stringent standards or administrative rule, then those standards shall define the standard of duty and the conditions, limitations, and exclusions of the inspection.
4. The parties agree and understand 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 are done without giving the Inspector the required notice, the Inspector will have no liability to the Client. The Client further agrees that the Inspector is liable only up to the cost of the inspection. This clause may be contrary to local law. Please verify applicability. Not valid in State/ Province________________.
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 reverse side, 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. This Agreement shall be constructed and enforced in accordance with the laws of the State/ Province of ________________, and if that State/ Province laws or regulations are more stringent than the forms of this agreement, the State/ Province law or rule shall govern.
Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged. If no State/ Province regulations apply, this report adheres to the ____________________________________ Standards, which is available upon request.
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; pool/spa water purification systems (ozone generator/saltwater, etc.); underground storage tanks, energy efficiency measurements; motion or photo-electric sensor lighting; concealed or private secured systems; water wells; all overflow drains; heating system’s accessories; solar heating systems; heat exchangers; sprinkler systems; water softener or purification systems; central vacuum systems; telephone, intercom or cable TV systems; antennae, lightning arrestors, load controllers; trees or plants; governing codes, ordinances, statues, and covenants; and manufacturer specifications, recalls, and EIFS. 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 parity 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 Inspector 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 72 hours prior 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 standards adhered to in the report or inspection, or will be deemed waived and forever barred.
12. This inspection does not determine whether the property is insurable.
13. Exclusions of systems normally inspected ____________________________.
DEFINITIONS
1. Apparent Condition: Systems and conditions are rated as follows:
SATISFACTORY (Sat.) – Indicates the component is functional consistent with its original purpose but
may show signs of normal wear and tear and deterioration.
MARGINAL (Marg.) – Indicates the component will probably require repair or replacement anytime
within five years.
POOR – Indicates the component will need repair or replacement now or in the very near future.
SIGNIFICANT ISSUE – A system or component that is considered significantly deficient, inoperable
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 removed personal items, furniture, equipment, soil, snow, or other items which obstruct access or visibility.
4. Any component not listed as being deficient in some manner is assumed to be satisfactory.