Certified Inspection Agreement
THIS IS A LEGALLY BINDING CONTRACT PLEASE READ CAREFULLY
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 applicable Inspection Standards.
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 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 ASHI or NAHI 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 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.
14. Any legal action, including the arbitration proceeding more specifically described above, including, but not limited to, those proceedings involving claims arising from this inspection against said Inspector etal must be brought within three months from the date of the Inspection. Failure to bring said action within three months of the date of the Inspection is a full and complete waiver of any rights, actions or causes of actions that may have arisen therefrom. Timely notice to the Inspector is deemed to be a condition of this contract with reasonable consideration stipulated thereto. By signing this agreement, Client agrees to this three-month limitation of the statute of limitation.
15. Client understands and agrees that if they are not present at the time of the Inspection and therefore do not sign this Agreement that this Agreement will be deemed signed as if initialed where appropriate and signed by Client and made a part of the Inspection Report if Client makes payment for said services. Payment for services constitutes a valid acceptance of the terms and conditions of this Agreement as if signed in person with initials in each and every place as if read and signed by Client. Until such time as payment is made client will have no contract with the company.
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.
18. Additional Testing _____Radon. _____Termite. _____Other:__________________ 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.
19. Additional Testing _____Gas leak/ Carbon Monoxide._____ Water/ Well._____ Other:__ 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 & #19
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 inspection is paid for.
21. Client warrants that: (a) Client has read or has been given the opportunity to read this Agreement carefully, (b) Client understands Client is bound by all the terms and conditions of this Agreement, and (c) Client will read the entire Inspection Report when received and promptly inquire if any questions arise.
Buyer's Inspection Service Inc, P.O. 707, Xenia , OH.45385
is incorporated in the state of Ohio