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5 Star Home Inspections Address of property to be inspected: Party Ordering Inspection / Client: Scheduled access: This agreement is between the client named on page 2 of this contract and the Inspection Company. I (Client) hereby request a limited visual examination of the structure at the address named listed, 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. I further warrant that I will read the entire inspection report when I receive it and promptly call the inspector with any questions I may have. SCOPE OF INSPECTION The scope of the inspection and report is a limited visual inspection of certain readily accessible 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. The scope of the inspection is limited to the items listed within the report pages delivered to the client. We reserve the right to modify the report for a period of time not to exceed forty-eight (48) hours after the report has been delivered to the client.. 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. This inspection is not technically exhaustive. 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. Whether or not they are concealed, the following ARE OUTSIDE THE SCOPE OF THIS INSPECTION:
(Some of the above items may be included in this inspection for additional fees. Check with your inspector) This is not a home warranty, guarantee, insurance policy or substitute for any disclosure statement as may be required by law. 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 or otherwise assume all risks associated with failure to do so. HOME INSPECTION ORDER AND AGREEMENTCONFIDENTIAL REPORT: The inspection report to be prepared for Client is solely and exclusively for Client's own information and may not be relied upon by any other person. Client may distribute copies of the inspection report to the seller and the real estate agents directly involved in this transaction, but said persons are not specifically intended beneficiaries of this Agreement or the inspection report. Client and inspector do not in any way intend to benefit said seller or the real estate agents directly or indirectly through this Agreement or the inspection report. Client agrees to maintain the confidentiality of the inspection report and agrees to indemnify, defend, and hold inspector harmless from any third party claims arising out of Client's distribution of the inspection report. 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 binding arbitration conducted in accordance with the rules of the recognized arbitration association, Construction Arbitration Services, Inc. The arbitrator shall conduct summary judgement motions and enforce full discovery rights as a court would as provided in civil proceedings by legal code. I have read and agree to the above Arbitration Clause: Client(s) Initials 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 fees 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 discernible 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 re-inspection 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. THIS CONTRACT LIMITS OUR LIABILITY. PLEASE READ CAREFULLY. LIMITATION ON LIABILITY INSPECTORS 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 AND 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. Client(s) Initials Client understands that if Client wants an inspection WITHOUT A LIMIT ON LIABILITY TO A REFUND OF THE FEE PAID for the inspection, Client may pay an additional fee to receive a report without the limitation. Address Total Fee $ Client Report # By signing below you acknowledge that you have read, understand and agree to the scope of the inspection and agree to all of the terms and conditions of this contract and also agree to pay the fee listed above. Client: Dated: Client: Dated: Inspector: Dated: |