CERTIFIED INSPECTION AGREEMENT 1. Client requests a
limited visual non invasive Inspection of the structure or
property identified at the address indicated on page #1 of the
attached report by BUYER’S INSPECTION SERVICE a company
incorporated with a registered office in the state of Ohio
hereinafter referred to as the “Company”, and its
inspector(s) hereinafter referred to as the “Inspector”. 2. Client hereby
represents and warrants that all approvals necessary have been
secured for Company’s entrance on to the property. 3. Client understands
that the Inspection and Inspection Report are performed and
prepared for Client’s sole and exclusive use and is not
transferable or intended to be relied upon by any third party. 4. Inspector agrees to
perform a limited visual Inspection of the structure at
the above address and to provide Client with a written opinion
as to the apparent general condition of the structure’s
components and systems, including identification of
significant observable deficiencies as they exist at the
time of Inspection. The Inspection will be performed in a
manner consistent with the Inspection Standards of the
National Association of Home Inspectors (NAHI). 5. The Inspection only
includes those systems and components expressly and
specifically identified in the Inspection Report. Any area
which is not exposed to view, is concealed, is inaccessible
because of soil, walls, floors, carpets, ceilings, furnishing
or any other thing, or those areas/items which have been
excluded by the Inspection Standards of the National
Association of Home Inspectors and /or by agreement of the
parties is not included in this Inspection. The Inspection
does not include any destructive testing or dismantling.
Further, the Inspection does NOT include opinions relating to
the installation of any component or system. In addition to
the other limitation provisions in this Agreement, Client
agrees to assume all the risk for all conditions which are
concealed from view at the time of the inspection or exist in
any area excluded from Inspection by the terms of this
agreement. Maintenance and other items may be discussed
but will NOT form a part of the Inspection Report. The following areas,
items, systems and components are among those NOT included in
the Inspection: -
Code or
zoning violations -
Permit
research -
Building
value appraisal / Repair cost estimates -
Boundaries,
easements or rights of way -
Odors or
noise -
Any
adverse condition that may affect the desirability of the
property -
Personal
property -
Asbestos,
radon, lead paint, urea formaldehyde, toxic or flammable
chemicals, water or air quality, PCB’s or other toxins,
electro-magnetic fields -
Termites
or other wood destroying insects, rodents or other pests,
dry-rot or fungus; or damage from or relating to the preceding
-
Under-ground
storage tanks, proximity to toxic waste sites or other
environmental or health hazards -
Private
water or sewage systems -
Water
softener, purifiers or filtration equipment -
Gas
appliances such as fire pits, barbecues, heaters and lamps. Main
gas shut off valve. Any gas leaks -
Swimming
pools, Spas or hot tubs -
Freestanding
appliances -
Security
or fire safety systems / Security bars and/or safety equipment -
Thermostatic
or time clock controls / Radio controlled devices / Automatic
gates / Elevators, lifts, dumbwaiters / Music or intercom
systems
-
Latent
or concealed defects -
Furnace
or boiler heat exchanger / Radiant heat systems / Solar
heating systems / Geothermal heating systems -
System
or component installation -
Unique/technically
complex systems or components -
Adequacy,
efficiency or life expectancy of any system and/or component -
Manufacturer(s)
recall information -
Items
specifically noted as excluded in the inspection report If Inspection is desired of any of the areas/items, systems or components listed above, then Client shall contract with the Company to conduct the inspection as an additional item, additional restrictions will apply or Client shall contract with the appropriate professionals. Where inspector makes comment about excluded items, it is understood by client that the findings are NOT binding but given as a courtesy and the disclaimers in this contract hold good. 6. Client agrees to hold
the Company and its Inspectors harmless for the actions,
results or failure to detect by any Company or contractor that
Buyer’s Inspection Service refers, organizes or engages to
perform an additional service for Client. It is understood
that the services are organized as a courtesy to the client,
and that the Company without prejudice may add an
administrative fee to the charges. 7. Client understands
that the Inspection and Inspection Report do not, in
any way, constitute a/an: (1) guarantee, (2) warranty of
merchantability or fitness for a particular purpose, (3)
express or implied warranty, or (4) insurance policy.
Additionally, neither the Inspection or Inspection Report are
substitutes for any real estate transfer disclosures which may
be required by law. 8. The written report to
be prepared by Inspector shall be considered the final and
exclusive findings of Inspector of the structure. Client
understands and agrees that Client will not rely on any
oral statements made by the Inspector prior or subsequent
to the issuance of the written Inspection Report. Client
further understands and agrees Inspector reserves the right to
modify the Inspection Report for a period of time that shall
not exceed forty eight (48) hours after the Inspection Report
has first been delivered to Client. 9. Client understands
and agrees that any claim arising out of or related to
any act or omission of Inspector in connection with the
Inspection of the structure, as limited herein, shall be made in
writing and reported to the Company within ten (10)
business days of discovery. Client further agrees to allow
Inspector the opportunity to re-inspect the claimed
discrepancy, before Client or Client’s agents, employees or
independent contractors performs repairs, replaces, alters or
modifies the claimed discrepancy, with the exception of
emergency conditions, in which case client will take photos of
the claimed discrepancy. Client further agrees that parts or
materials removed will be held for viewing by the company in a
manner or fashion so as to preserve and protect the items in
question from deterioration. To the extent allowed by law,
Client understands and agrees that any failure to notify
Inspector as stated above shall constitute a waiver of any and
all claims Client may have against the company. 10. The parties to this agreement agree and affirm that preceding the filing of any legal action each party is bound upon proper notice to participate in mediation before a locally recognized mediator/mediation service accepted by all parties and familiar with the guidelines of the National Association of Home Inspectors and applicable Civil Code provisions. If the parties cannot agree on a mediator/mediation service, the parties shall adopt a plan where each side selects mediators who will then select a mediator. Further, any party who proceeds forward with the filing of any legal action before instituting the terms and conditions of this mediation agreement, waives all rights to attorney fees and costs. Lastly, it is understood by all parties that this mediation is non-binding. 11.
In the event that the preceding mediation does not resolve the
dispute then any dispute, controversy, interpretation or claim
including claims for, but not limited to, breach of contract,
any form of negligence, fraud or misrepresentation arising out
of, from or related to this contract or arising out of, from
or related to the Inspection or Inspection Report shall be
submitted to final and binding arbitration. The decision of
the Arbitrator appointed thereunder shall be final and binding
and judgment on the Award may be entered in any Court of
competent jurisdiction. Client understands and agrees that
in any such arbitration, all of the provisions of this
agreement shall apply. 12. Inspection Type:
GENERALIST INSPECTION: An Inspection and Inspection Report
performed and prepared in a manner consistent with the
Inspection Standards of the National Association of Home
Inspectors by a generalist inspector. To the extent allowed by
law, it is understood and agreed by and between the parties
hereto that Company’s and its officers’, agents’ or
employees’ LIMITATION OF LIABILITY for errors or
omissions in the Inspection Report is limited and fixed
to a refund of the fee paid for the Inspection and Inspection
Report. 13. Client agrees and understands that the inspector does not have to quantify the severity of any problem in the report. Items noted in the report as needing repair or replacement, will be considered by client as not performing their intended function and are in need further attention, inspection or repair. 16. If any portion of
this Agreement is found to be invalid or unenforceable by any
court or arbitrator, the remaining terms shall remain in force
between the parties. 17. This Agreement
represents the entire agreement between the parties. No oral
agreements, understandings or representations shall change,
modify or amend any part of this agreement. No change or
modification shall be enforceable against any party unless
such changes or modification is in writing and signed by the
parties and supported by valid consideration. This Agreement
shall be binding upon and inure to the parties hereto and
their spouses, heirs, executors, administrators, successors,
assigns and representatives of any kind whatsoever. Client
understands that this / these test(s)/ inspection(s) will be
performed by independent contractors.
Client was not obligated to use this/ these
contractors, client asked company for help in organizing for
contractor(s). Client agrees NOT to involve the Company in any
dispute or controversy arising as a result of the test(s)/
inspection(s). Client agrees to hold Company harmless in
the event any dispute or controversy should arise as a result
of the performed test(s)/ inspection(s). Client further
agrees to communicate and deal directly with the contractor(s)
in the event of any dispute or controversy arising as a result
of the test(s)/ inspection(s).
Independent contractor(s) contact information is
printed on their report. These additional tests/
inspections are not included in the standard Home Inspection.
These tests/ inspections are governed by all applicable
limitations and conditions of this contract, and the
additional limitations and conditions as noted in the report. Client’s Initials __________ I have read and understand #18 & #1 20.
Signing this contract is considered acceptance of all the
terms, conditions and limitations as stated in this
contract, the report, and all additional testing or inspection
agreements that form a part of this inspection or report. Acceptance of this contract is deemed accepted by client when signed or
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