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The AGREEMENT
(1) HOME SWEET HOME Inspections agrees to perform a visual inspection of the house structure and components therein, and to provide the CLIENT with a written inspection report identifying conditions of the property as observed at the time of the inspection. The inspection shall cover the exterior grounds including driveway, sidewalk, pertinent landscape, and site condition; the mechanicals including heating and air conditioning system and components, electrical system, plumbing, and water heater; structure including foundation components, roofing system, attic, basement, kitchen, and bathrooms; interior rooms including walls, floors, and ceiling conditions; and all other components of the structure and living areas. The inspection shall cover only those areas that are visible and does not address latent or concealed issues, nor identify hazardous substances. Buried underground electrical or plumbing systems will not be inspected. Unattached structures (outbuilding, shed, garage, pool, spa, well, septic tank, cistern,) may not be inspected. The INSPECTOR does not perform invasive or destructive testing in any manner. The INSPECTOR may not walk on any roof nor enter any crawlspace unless deemed safe and necessary by the INSPECTOR. Appliances not attached as an integral component of the building may not be inspected, but may be mentioned in the report. The inspection shall be limited to readily accessible areas of the property, is essentially visual, is general and not technically exhaustive, and does not imply that every defect will be discovered or reported. The INSPECTOR does not move furniture, remove wall decorations and pictures, nor lift carpeting. The report shall reflect the general condition of all components, but not necessarily all explicit component conditions if they should be plentiful.
In the event that certain components are not inspected due to
adverse conditions or inaccessibility, the INSPECTOR will return,
with the buyer, to the property to conduct an inspection of those
components after the conditions have been corrected.
HOME SWEET HOME Inspections also offers to conduct a
“final walk-through inspection” with the buyer to assure that any
agreed-upon repairs have been properly addressed, and that the
property is in the same condition—or better—as when the original
inspection was completed.
(2) Unless otherwise inconsistent with this Agreement or not possible, the INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of the Home Inspection Industry. The CLIENT understands that these standards contain certain limitations, exceptions, and exclusions. In certain instances components not required by the Standards may be inspected as an added value and courtesy for the CLIENT. This shall be performed at the sole discretion of the INSPECTOR and shall in no way cause any deviation from this Agreement.
(3) The inspection and report are performed and prepared for the confidential use of the CLIENT only. HOME SWEET HOME Inspections accepts no responsibility for use by third parties not included in this Agreement.
(4) HOME SWEET HOME Inspections assumes no liability or responsibility for the cost of repairing or replacing any unreported defect or deficiency. The inspection and report are not intended to be used as a guarantee or warranty regarding the adequacy, performance, or condition of any inspected structure or component. The inspection is in no way a compliance for any codes. HOME SWEET HOME Inspections is not an insurer of any inspected and reported conditions. The INSPECTOR does not perform any job function requiring an occupational license. The INSPECTOR may offer comments as a courtesy, but such comments shall not comprise the integrity of the report. The report is only supplementary to the seller’s disclosure.
(5) The CLIENT acknowledges that the liability of the INSPECTOR for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to proven negligence by the INSPECTOR, 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.
(6) If any dispute, controversy or claim arises out of, or relates to, this Agreement, or the breach thereof, and cannot be settled through direct discussions, both parties agree to first attempt to settle the dispute by mediation before a mediator agreed upon by both parties. Thereafter, any dispute, controversy or claim not resolved by mediation shall be settled by arbitration and judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof, with all parties provided the right to appeal the decision of the arbitrator within 30 days. Filing fees arising from mediation or arbitration shall be paid by the initiating party.
(7) In the event of any claim against HOME SWEET HOME Inspections, the CLIENT agrees to supply the INSPECTOR with the following: (A) Written notification of adverse conditions within 14 (fourteen) days of discovery, and before any repairs have been initiated, and (B) Access to the premises for the purpose of re-inspection and consideration. Failure to comply with either of these conditions shall release HOME SWEET HOME Inspections from any liability. The CLIENTshall have no cause for action against HOME SWEET HOME Inspections beyond six months from the date of the inspection.
(8)The CLIENT acknowledges receiving a copy of the industry STANDARDS of PRACTICE and a copy of the CODE of ETHICS. The CLIENT acknowledges having read this Agreement, having had the opportunity to ask questions for clarification, and having had such questions answered or clarifications provided to the satisfaction of the CLIENT.
(9) The CLIENT agrees to pay the sum of $XXX.xx by check, money order, or cash upon completion of the on-site inspection. The INSPECTOR agrees to deliver to the CLIENT a copy of the finished report within 48 (forty eight) hours of completion of the on-site inspection.
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