I (Client) hereby request a limited visual
inspection of the structure at the above address to be conducted by Fireside
Home
Inspection, LLC for my sole use and benefit. I warrant that I will read
the following agreement
carefully. I understand that I am bound by all the terms of this contract.
SCOPE OF INSPECTION
The scope of the inspection and report is a limited visual inspection
of the
general systems and components of the home to identify any system or
component listed in the report which may be in need of immediate major
repair. The inspection will be performed in compliance with generally
accepted standards of practice, a copy of which is available
upon request or included with this report. The scope of the inspection
is
limited to the items listed within the report pages shown on the bottom
of
page 2
OUTSIDE THE SCOPE OF THE INSPECTION
Any area which is not exposed to view, is concealed, or is inaccessible
because of soil, walls, floors, carpets, ceilings, furnishing, or
any other thing is not included in this inspection.
The inspection does not include any destructive testing or dismantling.
Client agrees to assume all the risk for all conditions which are
concealed
from view at the time of the inspection.
This is not a home warranty, guarantee, insurance policy or substitute
for
real estate transfer disclosures which may be required by law.
Whether or not they are concealed, the following ARE OUTSIDE THE
SCOPE OF THIS INSPECTION:
Building code or zoning ordinance violations.
Geological stability or soils condition.
Structural stability or engineering analysis.
Termites, pests or other wood destroying organisms.
Asbestos, radon, formaldehyde, lead, water or air quality,
electromagnetic radiation or any environmental hazards.
Building value appraisal or cost estimates.
Condition of detached buildings.
Pools or spas bodies and underground piping.
Specific components noted as being excluded on the
individual system inspection forms.
Private water or private sewage systems.
Saunas, steam baths, or fixtures and equipment.
Radio-controlled devices, automatic gates, elevators, lifts,
dumbwaiters and thermostatic or time clock controls.
Water softener / purifier systems or solar heating systems.
Furnace heat exchangers, freestanding appliances, security
alarms or personal property
Adequacy or efficiency of any system or component.
Prediction of life expectancy of any item.
(Some of the above items may be included in this inspection for additional
fees -
check with your inspector)
Your inspector is a home inspection generalist and is not acting as a
licensed engineer or expert in any craft or trade. If your inspector
recommends consulting other specialized experts, client must do so at
client's expense.
I have read and agree to the above Scope of Inspection.
ARBITRATION: Any
dispute concerning the interpretation of this agreement or arising from
this inspection and report, except one for
inspection fee payment, shall be resolved informally between the parties
or
by arbitration conducted in accordance with the rules of the recognized
Arbitration Association except that the parties shall select an arbitrator
who
is familiar with the home inspection industry. The Arbitrator shall conduct
summary judgment motions and enforce full discovery rights as a court
would as provided in civil proceeding by legal code. |
|
USE
BY OTHERS: Client promises inspector that
Client has requested the inspection for Client's own use only and will
not disclose any part of the inspection report to any other person with
these exceptions ONLY: one copy
may be provided to the current seller(s) of the property for their use
as part
of this transaction only, and one copy may be provided to the real estate
agent representing Client and/or a bank or other lender for use in Client's
transaction only.
ATTORNEY'S FEES: The prevailing party in any dispute arising out of this
agreement, the inspection, or report(s) shall be awarded all attorney's
fees,
arbitrator and other costs.
SEVERABILITY: Client and Inspector agree
that should a Court of Competent Jurisdiction determine and declare that
any portion of this contract
is void, voidable or unenforceable, the remaining provisions and portions
shall remain in full force and effect.
DISPUTES: Client understands and agrees
that any claim for failure to accurately report the visually discernable
conditions at the Subject Property,
as limited
herein above, shall be made in writing and reported to the inspector
within ten business days of discovery. Client further agrees that,
with the exception of emergency conditions, Client or Client's agents,
employees or independent contractors, will make no alterations,
modifications or repairs to the claimed discrepancy prior to a reinspection
by the Inspector. Client understands and agrees that any failure to
notify the
Inspector as stated above shall constitute a waiver of any and all claims
for
said failure to accurately report the condition in question.
LIMITATION ON LIABILITY INSPECTOR'S
LIABILITY FOR MISTAKES OR OMISSIONS IN THIS INSPECTION REPORT IS LIMITED
TO A REFUND OF THE FEE PAID
FOR THIS INSPECTION AND REPORT. THE LIABILITY OF INSPECTOR'S PRINCIPALS,
AGENTS AND EMPLOYEES IS ALSO
LIMITED TO THE FEE PAID. THIS LIMITATION APPLIES TO ANYONE
WHO IS DAMAGED OR HAS TO PAY EXPENSES OF ANY KIND
BECAUSE OF MISTAKES OR OMISSIONS IN THIS INSPECTION REPORT.
THIS LIABILITY LIMITATION IS BINDING ON CLIENT AND CLIENT'S SPOUSES,
HEIRS,
PRINCIPALS, ASSIGNS AND ANYONE
ELSE WHO MAY OTHERWISE CLAIM THROUGH CLIENT. CLIENT
ASSUMES THE RISK OF ALL LOSSES GREATER THAN THE FEE PAID
FOR THE INSPECTION. CLIENT AGREES TO IMMEDIATELY ACCEPT A
REFUND OF THE FEE AS FULL SETTLEMENT OF ANY AND ALL CLAIMS
WHICH MAY EVER ARISE FROM THIS INSPECTION
PERMITS
____I do NOT agree____ I do agree to
pay an additional fee of $____ for inspector to research and provide
all
building permits that appear on the municipal records for the above property.
LIMITED LIABILITY
INSPECTION FEE $.
__________INSPECTION FEE $
____________________FEE $
PERMIT RESEARCH FEE $
TOTAL INSPECTION FEE $
|