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| Inspection Agreement | |
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THIS AGREEMENT made this by ___________________________and between Great West Inspection, (hereinafter "INSPECTOR") and the undersigned (hereinafter "CLIENT"), collectively referred to herein as "the parties." 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. | |
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| 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 International Association of Certified Home Inspectors. Although INSPECTOR agrees to follow InterNACHI's Standards of Practice, CLIENT understands that these standards contain certain limitations, exceptions, and exclusions. CLIENT also understands that InterNACHI is not a party to this Agreement and that InterNACHI has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of Radon - a colorless, odorless, radioactive gas that may be harmful to humans. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise indicated below, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. | |
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| 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, repairpersons, 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 to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected pursuant to this Agreement, is a log home, log structure or similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection. | |
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| 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. | |
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| 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, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing or noted here: agreement | |
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| 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. | |
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| 7. | All of the other terms of the Agreement (Inspection Contract) are incorporated herein by reference. | |
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| 8. | 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. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR's relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. | |
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| 9. | 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. | |
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| 10. | 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. | |
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| 11. | If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. | |
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| 12. | This Agreement is not transferable or assignable. |
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Great West Inspection Agreement This contract is an agreement between the client listed below, and Great West Inspection (or GWI), to perform an inspection of the home or building(s) listed below that meet or exceed the "Standards of Practice" of the Housing Inspection Foundation (HIF). These standards of practice inform you of what a home inspector should report, and what is not expected of the home inspector to report. This inspection is a limited visual inspection as a generalist. Areas that are inaccessible are not part of this inspection including but not limited to: behind walls, furniture, under rugs, inaccessible areas and below soil. The client signing below assumes all risk for potential problems or conditions including those areas not accessible by the inspector. The Client assumes all risk for problems noted in this report that may reveal further damage during a repair or further investigation by a qualified professional. Your signature below is your acceptance of these terms and conditions. A home inspection is not technically exhaustive and the inspector does not dismantle or perform testing that is destructive. The inspector is limited by this inspection agreement and cannot be expected to find or discover all defects in this building. The purpose and scope of this inspection is to provide you with a better understanding of the property's condition as observed at the time of the home inspection. It will include an inspection of: Structural Components, Exterior, Roofing, Plumbing, Electrical, Heating, Central Air Conditioning, Interiors, Insulation, Ventilation and built-in kitchen appliances. Our inspection does not include the inspection or any part of testing or determining whether or not these conditions exist such as: Asbestos, Formaldehyde, Mold or Fungi, or bio-aerosols. Soil or geological conditions. Pools and or equipment related to pools, spas or jacuzzis. Pests or Termites or wood eating insects. Elevators, solar systems. Refrigeration units, water filtration units, security alarms, intercoms, phone, cable, satellite, window treatments or mini-blinds, oven clocks or timers or clean feature, central vacuum solar systems or lightening arrestors. This inspection does not include a test on "Synthetic Stucco" as this is a separate test and not contracted by GWI or the inspector. GWI will not operate heating or cooling systems in temperatures that may cause damage to the unit. Air conditioning system will not be operated by GWI in outside temperatures of 65 degrees or less. We do not inspect heat exchanger for cracks. Plumbing and electrical must be turned "on" for the inspection of these areas and components. Well or spring systems, pressure, depth, water level or condition is not part of this inspection. Furnaces, must be "on" or capable of being turned on by using normal operating controls. Pilot lights must be "lit" in order to inspect these components or systems (i.e. gas fireplace, wall heaters). Septic field inspections are not inspected and are not part of this contract. GWI Inspection does not inspect for code compliance or ordinances. This inspection does not include detached buildings or garages. The home inspection report is an " opinion" of GWI. Our interpretation of what is serviceable may be different than yours. You are encouraged to be present at the time of your inspection so we will both have an understanding of each other’s perception. The Client accepts responsibility for incomplete information if the Client did not attend the inspection. Our purpose is to determine whether or not a system or component (electrical, heating, visible structure etc) is functioning for which it was intended. We are not responsible to determine all that may be wrong with that system or component, just whether or not a second opinion is needed, such as a licensed electrician or HVAC contractor, or any specialist for that field or trade. They determine what steps are necessary to correct. Their troubleshooting may reveal additional items not mentioned in this report. Any item mentioned in the report may need additional inspections by other qualified specialists. It is up to the Client and or representative who will be the person signing this contract to seek qualified specialists to investigate further any item or component that is commented on in the inspection report before closing. We are not responsible for items mentioned in this report. We are not a guarantee nor do we guarantee any items or opinions described on this report. This inspection is to reduce the risk of finding potential problem(s), not to eliminate them. We are not a home warranty company nor do we carry insurance on warranty claims. Inspection Agreement Continued: The limited liability of the inspector and GWI and the inspection report to the Client, spouse, executors or heirs or administrators are limited to a refund of the fee paid for the inspection and report. The Client's signature (or Representative Real Estate Agent’s signature), below indicates the Client accepts this inspection with the limits of liability to the inspector or GWI. By payment of our fee and the Client's signature (or Representative Real Estate Agent’s signature), the Client acknowledges and understands and agrees to the statements and terms contained herein, and will hold GWI and myself harmless to any claims made. The Client, spouse, executors or heirs or administrators are limited to a refund of the fee paid for this inspection and report. This limitation applies to anyone who claims damages or expenses of any kind incurred due to the errors or omissions in this inspection and report. (All payments are due within five business days of the inspection completion unless they are billing through escrow, invoices billed through escrow must be paid immediately by the client if the escrow fails to close.) The cost of the home inspection is based upon heated square footage of the home to be inspected. Payments must be made at the time of inspection. GWI agrees to provide you with a report within three business days or sooner if you provide your email address. NOTE: Please scan and email a signed copy of this agreement prior to the inspection date. Or use US Mail and send to Great West Inspection, 3151 Vickie Court, Merced, CA 95340 Call: 209-658-5066 and the agreement will be collected by the Inspector at the real estate office. FEE: You agree to pay the fee stated on the invoice of the inspection for the performance of the Inspection service(s). This amount shall be paid in full prior to the completion of the inspection (unless otherwise agreed in writing or arranged by representative Real Estate Agent). Should you fail to timely pay the agreed upon fee(s), you shall be responsible for paying any and all fees associated with collection, including but not limited to administration costs, attorney's fees, and cost of litigation. Client Name: ________________________________
Signature:___________________________ Address:____________________________ Address:____________________________ Email Address:__________________________ Telephone Number:____________________
Date: ________________
Please note: You may be charged $25.00 on any returned checks and are still responsible for the full payment of the inspection.
| Any payments that are late will be subject to a late charge of ten percent of the invoice. Inspection Location: _____________________________________ ______________________________________________ Fee:$__________ Inspectors: Jim Metcalf
Great West Inspection Merced, California Telephone: 209-658-5066
mercedinspector@gmail.com |
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