Pro-Spec
Inspection Agreement
(Please read carefully)
THIS AGREEMENT is made and entered into by and between Pro-Spec, referred to as "Inspector", and _______________________________ referred to as "Client". In consideration of the promise and terms of this Agreement, the parties agree as follows: 1. The client will pay the sum of $________ for the inspection of the "Property", being the residence, and garage or carport, if applicable, located at _____________________________________________________ Additional services and fees are stated below. 2. The Inspector will perform a visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection. CLIENT understands that the INSPECTOR is a generalist, that the GENERALIST type inspection and report is an UNBIASED OPINION BASED UPON THE EXPERIENCE OF the individual GENERALIST Inspector, and that the INSPECTOR is NOT an expert in any craft or profession. If your inspector recommended consulting other specialized experts, CLIENT must do so at CLIENT'S expense. 3. The parties agree that the "Standards of Practice" (the "Standards") shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. A copy of the Standards is included with this report. 4. The parties understand and agree that the Inspector and its employees and its agents assume no liability or responsibility for the costs of repairing or replacing any unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. If repairs or replacement is done without giving the Inspector the required notice, the Inspector will have no liability to the Client. The client further agrees that the Inspector is liable only up to twice the cost of the inspection. 5. The parties agree and understand the Inspector is not an insurer or guarantor against defects in the structure, items, components or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM. 6. If Client is married, Client represents that this obligation is a family obligation incurred in the interest of the family. The fee for this inspection is due at the time of inspection. If CLIENT does not attend the inspection, the fee is due upon receipt of the report. If the CLIENT has not signed this agreement, the acceptance of this report shows agreement with all of the terms of this contract. 7. This Agreement, including the terms and conditions on page 2 of 2, represents the entire agreement between the parties. The Written report prepared by INSPECTOR shall be considered the final and exclusive findings of the INSPECTOR regarding the inspection of the property. Client shall not rely on any oral statements made by the Inspector prior to issuance of the written report. The Client further understands and agrees the 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. 8. Systems, items, and conditions which are not within the scope of the building inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, other environmental hazards; pest infestation; security and fire protection systems; household appliances; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational equipment or facilities; underground storage tanks, energy efficiency measurements; concealed or private secured systems; water wells; heating systems accessories: solar heating systems; sprinkling systems; water softener; central vacuum systems, telephone, intercom or cable TV systems; antennae, lightning arrestors, trees or plants; governing codes, ordinances, statutes and covenants and manufacturer specifications. Client understands that these systems, items and conditions are excepted from this inspection. Any general comments about these systems, items and conditions of the written report are informal only and DO NOT represent an inspection. < SEE NEXT PAGE FOR ADDITIONAL TERMS, CONDITIONS AND LIMITATIONS >
Pro-Spec
Inspection Agreement
< ADDITIONAL TERMS, CONDITIONS AND LIMITATIONS - CONTINUED FROM PREVIOUS PAGE > 9. The Inspection and report are performed and prepared for the sole and exclusive use and possession of the Client. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this Agreement, makes any claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this Agreement, the Client agrees to indemnify, defend and hold harmless Inspector from any and all damages, expenses, costs and attorney fees arising from such a claim. 10. The Inspection will not include an appraisal of the value or a survey. The written report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind. 11. In the event of a claim by the Client that an installed system or component of the premises which was inspected by the Inspector was not in the condition reported by the Inspector, the Client agrees to notify the Inspector at least 72 hours prior to repairing or replacing such system or component. The Client further agrees that the Inspector is liable only if there has been a complete failure to follow the standards included in the report or State law. Furthermore, any legal action must be brought within one (1) years from the date of the inspection or will be deemed waived and forever barred. 12. Any dispute, controversy, interpretations 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 thereunder shall be the final and binding judgement on the Award may be entered in any Court of competent jurisdiction. CONVENTIONS USED IN THIS REPORT 1. For your convenience, the following conventions have been used in this report. Major Concern: a system or component which is considered significantly deficient or is unsafe. Significant deficiencies need to be corrected and, except for some safety items, are likely to involve significant expense. Safety Issue: denotes a condition that is unsafe and in need of prompt attention. Repair: denotes a system or component which is missing or which needs corrective action to assure proper and reliable function. Improve: denotes improvements which are recommended but not required. Monitor: denotes a system or component needing further investigation and/or monitoring in order to determine if repairs are necessary. 2. Please note that those observations listed under "Discretionary Improvements" are not essential repairs, but represent logical long term improvements. Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged. Client acknowledges receipt of the standards of practice which applies. Signature: ___________________________________________________ Date:____________ Day: __________ Base Inspection Fee $_________ Additional_Fees_Include:_________________________________________________________ $_________ Total Due $_________ Inspector's Signature __________________________________________________ Date:____________ Inspection #: _____________ Client agrees to release reports to attorney, seller/buyer/Realtor: ____Yes ____No Revised 2/2004