Informed Decisions Inspection Services, LLC Inspection Agreement
THIS AGREEMENT made at the date and time this form located at http://callyourinspector.com/schedule-pay/schedule (hereinafter “FORM”) was submitted to the http://callyourinspector.com’s web server, for the property located at the address listed on the FORM as recorded by http://callyourinspector.com’s web server, by and between Informed Decisions Inspection Services LLC (hereinafter “INSPECTOR”) and the undersigned (hereinafter “CLIENT”), collectively referred to herein as “the parties.” The Fee for the home inspection will be provided in separate correspondence INSPECTOR in either written or electronic with the format at the sole discretion of INSPECTOR. The Parties Understand and Voluntarily Agree as follows:
1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written inspection report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller’s disclosure.
2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of the National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm. CLIENT understands that these standards contain certain limitations, exceptions, and exclusions.
3. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. INSPECTOR’S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement.
4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.
5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place
6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of adverse conditions within 14 days of discovery, and (2) Access to the premises. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.
7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
8. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
10. I agree that any recommendation that INSPECTOR may make for service, a second opinion, or permit research involving any component or condition should be completed and documented before the close of escrow, or that INSPECTOR will be held harmless for any subsequently alleged deficiencies.
11.It is agreed that 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 under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. The decision of the arbitrator appointed hereunder shall be final and binding and judgment on the award may be entered in any court of competent jurisdiction.
12.Any legal action must be brought within one year from the date of the inspection, or same will be deemed waived and forever barred. Time is expressly of the essence herein. It is agreed and understood that the arbitrator, in rendering any decision above, is to apply the laws of the State of Georgia
SCOPE OF INSPECTION: The inspection only includes those systems and components expressly and specifically identified in the inspection report. This normally includes the general visual condition as it applies to the function or safety of: Exterior walking surfaces/ surface drainage/ vegetation as it effects the structure/ exterior surface(s)/ door bell/ exterior doors/ windows/ lighting/ exterior electric outlets/ roof material/ flashing, plumbing vents/ valleys, garage doors/ exposed concrete floors/ electric service/ electric panel(s)/ branch circuits/ conductor type/ ground system/ smoke detectors/ foundation/ stairs/handrails/ attic insulation/ ventilation/ roof framing/ attic moisture penetration/ basement/crawlspace moisture penetration/ moisture barriers/ insulation/ drain waste vent systems/ service caps/ vent pipes/ air conditioning refrigerant lines/ electrical disconnect(s)/ exposed ductwork/ condensate removal/ temperature differential/ heating system operation/ distribution system filters/ fireplace construction/ fireplace hearth/ water lines/ water heater(s)/ TPRV and drain tube/ faucets/ traps/ tubs/ showers/ surrounds/ sinks/ GFCI circuits/ doors/ toilets/ cooking appliances/ ventilator/ disposal/ laundry tub/ dryer vent/
Any area, which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, Carpets, ceilings, furnishings or any other thing, or those areas/items, which have been excluded by the Standard of Practice of the National Association Of Certified Home Inspectors (NACHI) and/or by agreement of the parties is not included in this inspection. The safety of roof access based on roof pitch, soffit height and other variables will be determined by the inspector. Unsafe roofs may not be inspected except from the ground. The inspection does not include any destructive testing or dismantling. In addition to the other LIMITATIONS provisions in this Agreement, Client agrees to assume all the risk for all conditions that are concealed from view at the time of the inspection or exist in any area excluded from Inspection by the terms of this agreement.
The following areas/items, systems and components are among those NOT INCLUDED in the scope of inspection: Code or Zoning Violations/ Permit Research/ Building value appraisal/ADA compliance/ Repair cost estimates/ Adequacy of efficiency of any system component/ prediction of life expectancy of any item/ Latent or concealed defects/ Structural, geological, soil, wave action or hydrological stability, survey, engineering, analysis or testing/ Soil condition/ Termites or other Wood Destroying Organisms, rodents or other pests/ Dry rot or fungus or the damage from or relating to the preceding/ Asbestos, radon gas, lead paint, mold, urea formaldehyde, toxic or flammable chemicals, water or air quality, PCB’s or other toxins, electro-magnetic fields, underground storage tanks, proximity to toxic waste sites, Sick Building Syndrome or other environmental or health hazards/ Spas/ hot tubs/ Swimming pools/ Saunas/ Steam baths/ Fountains or other types of or related systems or components/ Water softener or purifiers/ Private water or sewage systems/ Seawalls, docks, davits, boat lifts or other marine equipment/ Radio controlled devices/ Telephone and cable television wiring and service/ Automatic gates/ Elevators/ Lifts/ Dumbwaiters/ Thermostatic or time clock controls/ Radiant heat systems/ Furnace heat exchanger/ Solar heating systems/ Heat pump recovery units/ Gas appliances such as fire pits, barbecues, heaters, lamps, and pool heaters/ Main gas shut off valve/ Gas leaks/ Seismic or hurricane safety/ Flood zone determination/ Previous flood history/ Boundaries/ Easements or right of way/ Freestanding appliances and buildings and sheds/ Security system/ Fire safety/ Sprinkler Systems/ Low voltage and landscape lighting systems/ Personal property/ Items specifically noted as excluded in the inspection report/ Odors & noise or any adverse condition that may affect the desirability of the property/ Proximity of railroad tracks or airplane routes/ Unique or technically complex systems or components.
Satisfaction guaranteed. If you are not satisfied that you received a quality inspection in accordance with this contract, your money will be completely refunded.
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
Houston County Info, http://qpublic.net/ga/houston/index-search.html
Together we provide the unique dual perspective of a husband and wife team. Our philosophy is simple. We treat people the way we would like to be teated and we treat every inspection like we are buying the home.
