THIS AGREEMENT is made between HOMEWRIGHT INSPECTIONS, L.L.C. ( herein referred to as the Company) and _______________________________________________________________________
(herein referred to as Customer regarding a building (the Building) to be inspected located at_______________________________.
The Company agrees to perform an inspections of the Building for the purpose of alerting the Customer to major deficiencies in its condition. A report ( the Report) containing the inspection's findings will be prepared by the Company and provided to the Customer for its sole, exclusive and confidential use. The Company will perform its inspections in accordance with the Standards of Practice of The American Society of Home Inspectors (ASHI). The ASHI standards are available upon request or can be downloaded from the internet at www.ashi.org. Client may request to review the ASHI standards at any time including before signing this agreement. Minor or cosmetic defects will not be reported.
The inspection fee is due and payable at the time of inspection and is based on a single visit to the Building. Additional fees may be charged for subsequent visits required by the Customer or, if the inspector conducting the inspection is called upon to prepare for litigation, give testimony as a result of the inspection, or the like, such additional services are beyond the scope of this agreement.
In order to properly inspect mechanical systems in the dwelling, all systems must be turned on or working at the time of the inspection. If the systems are not operating at the time of the inspection then they will be excluded from the inspection.
The inspection will be conducted only on visible and assessable areas and components of the Building and are limited to the apparent condition of the Building on the date of the inspection. Not all conditions may be apparent on the inspection date due to weather conditions, inoperable systems, inaccessibility, and the like. Conditions may exist which remain undiscovered. The company is not responsible for the failure to discover latent defects or for problems which occur or become evident after the inspection time. No invasive or destructive testing will be made. No equipment, systems, or appliances will be dismantled. The moisture content of walls, floors, ceilings, siding, and the like will not be tested. As to certain conditions, only random sampling will be conducted. The inspector is not a licensed structural engineer or other professional whose license authorizes the rendering of an opinion as to the structural integrity of the Building. You may wish to contact a licensed structural engineer for evaluation regarding the structural integrity of the Building.
Our inspectors are not permitted to enter any area or perform any procedure
which may damage the property or its components or which might be dangerous
to the inspector or to other persons. If walking on the roof is deemed hazardous,
the roof surfaces, flashings, chimneys
( above roof ), and gutters will be inspected from the ground level with the aid of binoculars. Evaluation of these items is based solely on what was visible in this manner at the time of inspection (s).
The agreed inspection will not address and will exclude the presence of radon gas, lead paint, asbestos, urea formaldehyde, mercury, arsenic, mold, mildew or other environmental contaminates, PCBs or other manmade pollutants, carbon monoxide or other toxic or potentially harmful or flammable chemicals, the presence of rodents, termites, wood-boring insects, ants, birds or other infestation. The following exterior, or detached features of the Building and Property are excluded from this inspection: Subsurface soil conditions, wells, outdoor antenna, utility lines, water mains, sewerage systems and buried drain pipe, swimming pools (in or above ground), swimming pool accessories, hot tubs and spas, underground sprinkler systems, underground oil storage tanks, electromagnetic radiation, exterior lighting systems and electric lines, low voltage wiring, drywells, landscaping and trees, grading and surface drainage, fences, and all detached buildings on the property. Interior items that are excluded in the agreed to inspection include: Vacuum systems, intercom systems, elevators, security alarms, chimney flue tiles, air and water filters, space heaters, solid fuel burning or wood burning stoves, underground disposal systems, dehumidifiers and humidifiers, interior perimeter drain tile systems, interior chimney, interior chimney and flashing areas that are not readily visible, in ground, slab or buried in wall/ceiling radiant heating systems, shower pans, sauna and steam baths, room air conditioners, freezers, self cleaning oven cycles, oven calibrations, microwave ovens, water softening/treatment systems, potable water wells, solar heat systems, adequacy or efficiency of any system or component. In addition, the Company does not tacitly endorse or guarantee the integrity of any structure or component that was that was built or installed without a permit, and which could include latent defects, or any item that may have been subject to a manufacturers recall. Neither this Agreement nor the Report constitutes or should be construed to be:
( a ) a compliance inspection with respect to any code, standard or regulation;
( b ) a guaranty, warranty or policy of insurance;
( c ) a survey, appraisal or flood plain certification;
( d ) a wood-destroying organism report;
( e ) an opinion regarding the condition of title, zoning or compliance with restrictive covenants;
( f ) an environmental, mold, moisture or engineering analysis.
The customer may wish to seek other advice from appropriate professionals regarding the foregoing, conditions revealed in the Report, and areas excluded from the scope of the inspection.
The Company assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. The liability for mistakes or omissions in the conduct of this inspection and its Report is limited to the refund of the inspection fee paid. The limitation of liability is binding upon the customer, its heirs, successors and assigns, and all other parties claiming by or through the Customer.
This is the entire agreement of the parties regarding these matters. Any modification or amendment to this Agreement must be in writing and signed by the affected party. In the event any portion of this Agreement is determined to be unenforceable, the remainder or it will continue in full force and effect.
This Agreement is binding upon and available to the heirs, successors and , to the extent permitted hereunder, the assigns of each of the parties.
Any controversy of claim between the parties arising out of or relating to the interpretation of this Agreement, the services rendered hereunder or any matter pertaining to this Agreement will be submitted in accordance with the applicable rules of the American Arbitration Association. The parties shall mutually appoint an arbitrator who is knowledgeable and familiar with the professional home inspection industry. Judgment on any award may be entered in any courts having jurisdiction and arbitration decision shall be binding on all parties. Secondary or consequential damages are specifically excluded. All claims must be presented within one year from the date of the Inspection. The Company is not liable for any claim presented more than one year after the date of the Inspection. In the event the Customer commences arbitration and is unsuccessful in it, the Customer will bear all to the Company's expenses incurred in connection therewith including but not limited to attorney's fees, expert witness fees and a reasonable fee to the employees of the Company to investigate, prepare or attend any proceeding or examination. Customer may not present or pursue any claim against the Company until (1) written notice of defect or omission is provided to the Company and (2) the Company is provided access to and the opportunity to cure the defect.
I have been encouraged to participate in the inspection and accept responsibility for incomplete information should I not participate in the inspection. My participation shall be at my own risk for falls, injuries, property damage, etc.
I accept that this work is no substitute for a pre-settlement inspection/survey and accept responsible since damages, mechanical failures, and systems, cures, etc. may appear after this work and before my legal acceptance of the property. I waive all claims against the inspector/surveyor of the in the absence of diligently performing my pre-settlement inspection and for lack of more extensive investigation and follow through with a specialist on any problems noted including conformation of any cost approximations.
I hereby authorize HomeWright Inspections, L.L.C. to conduct a visual inspection of the property identified in this agreement. I hereby acknowledge that I have read and understand and agree to the terms and conditions set forth and to the exclusions and limitations that appear in this agreement. The Customer agrees and understands that the maximum liability incurred by the Inspector/The Company for errors and omissions in the Report shall be limited to the fee paid for the inspection. I also understand that HomeWright Inspections L.L.C. has the right to make additions and/or changes to this report if, upon the inspector's review of said report, changes and/or additions are necessary. Client will be notified by phone or mail of any additions and/or changes within 5 days.
TERMS OF PAYMENT
Payment in full is due at the time of the inspection
Confidential - For Use By Client Only