| |
Inspection Agreement
|
THIS
AGREEMENT LIMITS OUR LIABILITY - PLEASE READ IT CAREFULLY
This Home Inspection Agreement (the "Agreement") is made effective on the date stated on Page 2 of this agreement by and between AmeriSpec Home Inspection Services (hereinafter "AmeriSpec", "we", "us" and "our") and client named on Page 2 of this agreement (hereinafter "client", "you"or "your") (collectively "parties").
We are an independently owned and operated franchise of AmeriSpec, Inc. engaged in the business of providing home inspection services. You desire to have a general home inspection (the "Inspection") and/or other inspection related services ("Ancillary Services") performed on a home located at the address stated on Page 2 of this agreement (collectively "Services").
The Services desired are indicated by checking in the appropriate box beside the desired service.
FEE: You agree to pay the fee stated on Page 2 of this agreement for the performance of the Services. This amount shall be paid in full prior to the completion of the Services (unless otherwise agreed in writing by the parties). 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.
SCOPE OF THE INSPECTION:
This Inspection is a limited visual examination of certain readily accessible systems and components
(designated for inspection herein) using normal operating controls and opening readily openable access
panels. The purpose of the Inspection is to provide you with information about the condition of certain
systems and components of the home at the time of the Inspection. The Inspection will be performed in
accordance with the Standards of Practice of the American Society of Home Inspectors
(the "ASHI Standards")(a copy of which is available from us upon request and should be reviewed by you
prior to accepting our services). The ASHI Standards are hereby incorporated by reference in their
entirety and are hereby made a part of this Agreement. All terms used herein and not otherwise defined
shall have the meaning set forth in the ASHI Standards. The inspector is a generalist and is not a
licensed engineer or expert in any specific craft or trade. If the inspector recommends further action,
including (but not limited to) consulting with a specialized expert(s), you must do so at your expense or
otherwise assume all risks associated with failure to do so. This Inspection is not technically exhaustive.
The fee charged for this Inspection is substantially less than that of a technically exhaustive
inspection.
A written inspection Report will be provided describing the following systems and components: structural
components (including foundation and framing), exterior, roof system, plumbing system, electrical system,
heating system, installed central and through-wall air conditioning systems, interiors, insulation &
ventilation, and fireplaces & solid fuel burning appliances. The Report will identify the following:
(a) which systems and components designated for inspection herein are, in the professional opinion of the
inspector, significantly deficient or near the end of their services lives, (b) why the inspector deems
the system or component to be significantly deficient or near the end of its service life, (c) whether
further evaluation, correction or monitoring is needed, and (d) whether any system or component described
herein was not inspected and why it was not inspected. We reserve the right to modify the Report for a
period of time that shall not exceed forty-eight (48) hours after the Report has been first delivered to
you. Nothing in this Agreement is intended to limit the inspector from reporting observations and
conditions in addition to those identified herein or excluding systems and components from the Inspection
if agreed to in writing and signed by the parties. Should we, as a courtesy, exceed any particular
requirement set forth herein in one area, we shall not be obligated to exceed the requirements in other
areas.
EXCLUSIONS: A system or component is not readily accessible if Inspection requires moving
personal property, dismantling, destructive measures, or any action that will, in the opinion of the
inspector, likely involve risk to persons or property. Anything not readily observable because it is
concealed or inaccessible due to obstructions including (but not limited to) floor coverings, suspended
ceiling tiles, insulation, furniture or other personal property, soil, vegetation, water, ice or snow
cannot be inspected. We are not required to move or disturb such items in order to diminish or eliminate
the obstruction. We are not required to report on or engage in any practice or act that is not included
or that is specifically excluded in the ASHI Standards unless otherwise agreed to in writing signed by
the parties. We are not required to inspect anything identified in the ASHI Standards as limitations
or exclusions specific to the systems and components inspected. The list of the following specific
exclusions is not an exhaustive list; see ASHI Standards for additional exclusions and limitations.
We are NOT required to determine the following: remaining life of any system or component, the causes
of any condition or deficiency, methods and costs of corrections, suitability of the property for a
specialized use, market value or marketability, advisability of purchase of the property, the presence
of pests such as wood damaging organisms (including termites), rodents or insect, rot/decay, fungus,
decorative items, underground items, breached thermal pane seals, or items not permanently installed.
We are not required to do the following: predict future conditions including (but not limited to) failure
of components, operate any system or component that is shut down or otherwise inoperable, light pilot
lights, determine the presence of hazardous substances, enter hazardous areas, or perform engineering,
architectural, plumbing, or any other job function requiring an occupational license or certification in
your jurisdiction (unless the inspector holds a valid license or certification and the parties agree in
writing signed by the parties on the additional service(s) for an additional fee). We are not required
to inspect fences, soil conditions, spas, saunas, steam baths, pools (and related equipment), outbuildings
(other than garage or carport), sprinkler systems, private and community waste disposal systems, telephones,
cable television, intercoms, security systems, low voltage lighting systems, any timing systems, well
systems, window-unit air conditioning systems, and heating or cooling systems when weather conditions
or other circumstances may cause equipment damage. We are not required to inspect cosmetic items such
as paint, wallpaper, carpet, or other finishes on walls, ceilings or floors, and any type of window
treatment (such as blinds or draperies). We are not required to determine non-compliance with
manufacturer's specifications or applicable regulatory requirements, including (but not limited to)
building code compliance. Water/moisture, leaks, seepage and drainage problems are often only visible
during or after a certain amount of rain. It is thus impossible to observe water/moisture, leaks,
seepage and drainage problems unless the Inspection is conducted during or immediately after a rain
sufficient to reveal such problems.
ADDITIONAL SERVICES:
We may be able to perform any one or more of the Ancillary Services listed in this agreement.
The availability of the Ancillary Services varies depending on location. You should confirm
availability prior to execution of this Agreement. Unless you request Ancillary Services by
checking in the appropriate box beside the desired service and we agree to perform the Ancillary
Service by executing this Agreement, this Agreement is for the general home inspection only and does
not include the other delineated Ancillary Services, including but not limited to the following:
carbon monoxide test, radon gas test, lead-based paint test, water analysis, on-site waste disposal
system inspection, basic energy assessment, wood destroying insects (or organisms) inspection, asbestos
test, engineering services, or invasive testing of EIFS-Exterior Insulation & Finishing Systems
(also known as artificial or synthetic stucco) to determine the existence of moisture and damage
related thereto. The terms of the performance of Ancillary Services (including the purpose and the
scope of the service) shall be defined in a separate addendum signed by the parties.
DISPUTE RESOLUTION AND REMEDY LIMITATION:
Notice of Claims You understand and agree that any claim(s) or complaint(s) arising out
of or related to any alleged act or omission of AmeriSpec in connection with the Services shall be
reported to us, in writing, within ten (10) business days of discovery. Unless there is an emergency
condition, you agree to allow us a reasonable period of time to investigate the claim(s) or complaint(s)
by, among other things, re-inspection before you, or anyone acting on your behalf, repairs, replaces,
alters or modifies the system or component that is the subject matter of the claim. You understand and
agree that any failure to timely notify us and allow adequate time to investigate as stated above shall
constitute a complete bar and waiver of any and all claims you may have against us related to the alleged
act or omission unless otherwise prohibited by law.
Arbitration - Any dispute concerning the interpretation
of this Agreement or arising from the Services and Report (unless based on payment of fee) shall be
resolved by binding, non-appealable arbitration conducted in accordance with the rules of the American
Arbitration Association, except that the parties shall mutually agree upon an Arbitrator who is familiar
with the home inspection industry. At the arbitration the parties may adjudicate all claims and issues
that could have been raised before a court of law, including but not limited to, lawful attorneys' fees
and multiple damages, where provided by statute.
OTHER PROVISIONS:
Confidentiality - You understand that the Services are being performed (and the Report is being prepared)
for your sole, confidential and exclusive benefit and use. The Report, or any portion thereof, is not
intended to benefit any person not a party to this Agreement, including (but not limited to) the seller
or the real estate agent(s) involved in the real estate transaction ("third party"). If you directly or
indirectly allow or cause the Report or any portion thereof to be disclosed or distributed to any third
party, you agree to indemnify, defend, and hold us harmless for any claims or actions based on the
Services or the Report brought by the third party. By initialing here (__________), you authorize us to
distribute copies of the Report to the real estate agents directly involved in this transaction, who are
not intended beneficiaries of the Report.
Nature of the Franchise Relationship - We are a franchisee of AmeriSpec, Inc. As a franchisee, we are
an independently owned and operated business that has a right to use the AmeriSpec names and marks and
system of operation. AmeriSpec, Inc. does not control our day to day activities. In retaining us to
conduct the Services, you acknowledge your understanding that AmeriSpec, Inc., is in no way involved in
conducting the Services, and is not responsible for our actions. Questions, concerns or complaints should
be directed to us rather than AmeriSpec, Inc.
Severability and Entire Agreement - The parties agree that should an Arbitrator or Court determine that
any provision(s) in this Agreement is void, voidable, or unenforceable, the remaining portions shall
remain in full force and effect. This Agreement (in its entirety), and any attached, executed Addenda,
contains the entire agreement between the parties, and there are no other representations, warranties, or
commitments, except as are specifically set forth herein. This Agreement supersedes any and all
representations or discussions, whether oral or written, if any, among the parties relating to the
subject matter of this Agreement. This Agreement may be modified, altered or amended only if agreed
to in writing and signed by the parties.
THE INSPECTION, ANCILLARY SERVICES, INSPECTION AGREEMENT AND REPORT DO NOT CONSTITUTE A WARRANTY,
AN INSURANCE POLICY, OR A GUARANTEE OF ANY KIND; NOR DO THEY SUBSTITUTE FOR ANY DISCLOSURE STATEMENT
AS MAY BE REQUIRED BY LAW.
 Yes, I fully understood the inspection agreement.
 No, I have questions regarding the inspection agreement.
|
Home | About | Technical FAQs | Inspections | Miscellaneous | Links | Online Report | Contact
Reproduction of any portion of AmeriSpecPro without prior written consent is prohibited
|
