THIS AGREEMENT, made and entered into
is by and between the Client (signed below) and, InspectCO,
LLC, hereafter referred to as "Inspector". Inspector
will conduct a visual inspection of the Property only.
This is not a Building Code inspection, title examination,
or a By-law compliance inspection unless otherwise stated
in writing. The Inspector is not required offer an opinion
as to the advisability or inadvisability of the purchase
of the property, its value or its potential use. The inspection
fee is based on a single visit to the property at our
standard hourly rate of $200.00 per hour; additional fees
may be charged for any subsequent visits required by the
Client. If the Inspector is called upon to prepare for
litigation or give testimony as a result of the inspection,
additional fees shall be charged at the Inspector's then
current hourly rate for any time spent, including, but
not limited to, research, consultation, additional inspection
time, preparation of reports, travel, time waiting to
testify, and court appearances.
The Client will receive a written report
of Inspector's observations of the visible and accessible
features of the Property. Subject to the terms and conditions
stated herein, the inspection includes the visual examination
of the home's exterior including roof and exterior of
the chimney, structure, electrical, heating and cooling
systems, visible portions of the insulation, plumbing,
and interior including floors, walls, ceiling and windows;
it is a reasonable effort to disclose the condition of
the house based on a visual inspection. Additionally,
Inspector will functionally operate major built-in appliances.
Conditions beyond the scope of the inspection will not
be identified. No engineering services are offered unless
specifically requested by the buyer in writing (additional
fees apply).
This Inspection Report is based on the
condition of the Property existing and apparent as of
the time and date of the inspection. Not all conditions
may be apparent on the inspection date due to weather
conditions, inoperable systems, inaccessibility of areas
of the Property, etc. Without dismantling the house or
its systems, there are limitations to the inspection.
Throughout any inspection, inferences are drawn which
cannot be confirmed by direct observation. Clues and symptoms
often do not reveal the extent or severity of problems.
Therefore, the inspection and subsequent Inspection Report
may help reduce the risk of purchasing the property; however,
an inspection does not eliminate such risk nor does the
Inspector assume such risk. While some of the less important
deficiencies are addressed, an all inclusive list of minor
building flaws is not provided. Inspector is neither responsible
nor liable for the non-discovery of any patent or latent
defects in materials, workmanship, or other conditions
of the Property, or any other problems which may occur
or may become evident after the inspection time and date.
Inspector is neither an insurer nor guarantor against
defects in the building and improvements, systems or components
inspected. Inspector makes no warranty, express or implied,
as to the fitness for use or condition of the systems
or components inspected. Inspector assumes no responsibility
for the cost of repairing or replacing any unreported
defects or conditions, nor is Inspector responsible or
liable for any future failures or repairs.
Inspector and its employees are limited
in liability to the fee paid for the inspection services
and report in the event that Client or any third party
claims that Inspector is in any way liable for negligently
performing the inspection or in preparing the Inspection
Report, or for any other reason or claim that Inspector
has not fully satisfied all its obligations hereunder.
Client hereby agrees to indemnify, defend and hold harmless
Inspector if any third party brings a claim against Inspector
relating to the inspection or Inspection Report
Inspections are visual, and are not technically
exhaustive. The following items are specifically excluded
from the inspection: water softening systems, security
systems, telephone and cable TV cables, timing systems,
swimming pools and spas, underground or concealed pipes,
sewer lines, septic systems, hidden electrical lines and
circuits, central vacuum systems, central air conditioning
when outside temperature is below 60° F or 15°
C, and any other condition, item, system or component
which by the nature of their location are concealed or
otherwise difficult to inspect or which the Inspector
cannot visually examine. Excluded is the assurance of
a dry basement or crawl space; also excluded is the assurance
that double and triple pane glazing seals in windows are
intact. Inspector will not dismantle any component or
system; full evaluation of the integrity of a heat exchanger
requires dismantling of the furnace and is beyond the
scope of a visual inspection; Inspector will not conduct
geological tests; will not inspect inaccessible or concealed
areas of the Property; will not enter dangerous areas
of the Property; will not inspect for environmental concerns
such as hazardous substances or gasses, including but
not limited to, mold, radon gas, asbestos, formaldehyde;
or for pests such as wood destroying organisms, insects,
or rodents; or for fungus unless these items are specifically
requested in writing (additional fees apply). Inspector
examines a representative sample of components according
to the ASHI (American Society of Home Inspectors) Standard
of Practice that are identical and numerous, such as electrical
outlets, bricks, shingles, windows, etc., and does not
examine every single one of these identical items, therefore,
some detectable deficiencies may go unreported.
The inspection excludes defects such as
cracking, leaking, surface discoloration's, or landslides
resulting from hidden defects, including but not limited
to, water leaks, land subsidence, or other geological
problems. The inspection also excludes merely cosmetic
features, including but not limited to, paint, wall coverings,
carpeting, floorings, paneling, lawn, and shrubs. The
Inspector is not required to determine property boundary
lines or encroachments.
Any controversy or claim between the parties
hereto, arising directly or indirectly out of, connected
with, or relating to the interpretation of this Agreement,
the scope of the services rendered by Inspector, the Inspection
Report provided to the Client by Inspector, or as to any
other matter involving any act or omission performed under
this Agreement, or promises, representations or negotiations
concerning duties of the Inspector hereunder, shall be
submitted to mediation. If the dispute cannot be resolved
through mediation, litigation must be brought in jurisdiction
that the InspectCO Limited Liability Corporation is filed.
Secondary or consequential damages are specifically excluded.
In the event that any dispute arises out of the Inspection
or Report, and proceedings are commenced by the Client,
if the Client is unsuccessful in maintaining the claim
beyond the inspection fee, then the Client shall be liable
to the Inspector for all charges, expenses, costs and
legal fees incurred by the Inspector on a complete indemnity
basis, including a reasonable fee for all the time spent
by the Inspector or Inspector's personnel in investigating,
research, preparation for, and attendance at court hearings
and examinations. Any claims must be presented within
one (I) year from the date of the inspection; Inspector
shall have no liability for any claims presented one (1)
year after the date of the inspection.
Client guarantees Inspector a right to
examine the subject matter and area of any claim and offer
a resolution prior to Client's performance of remedial
measures (except in the event of an emergency, or to protect
for personal safety, or to reduce or avoid damage to property).
This is a condition precedent to Client's claim.
This Agreement and the documents referred
to herein constitute the entire Agreement between the
parties hereto, and supersede any and all prior representations,
discussions, or agreements, whether written or oral. No
amendment, change, or variance from this Agreement shall
be binding on either party unless mutually agreed to,
in writing, and signed by the parties hereto. If any provision
of this Agreement is held invalid or unenforceable by
any court of final jurisdiction, it is the intent of the
parties that all other provisions of this Agreement be
construed to remain fully valid, enforceable, and binding
on the parties.
THE INSPECTION REPORT DOES NOT CONSTITUTE
A WARRANTY, GUARANTEE OR INSURANCE POLICY OF ANY KIND.
THERE ARE NO WARRANTIES MADE AGAINST ROOF LEAKS, WET BASEMENTS,
OR MECHANICAL BREAKDOWNS. THE REPORT IS A PROFESSIONAL
OPINION BASED ON A VISUAL INSPECTION OF THE ACCESSIBLE
AREAS AND FEATURES OF THE PROPERTY AS OF THE DATE AND
TIME OF THE INSPECTION AND IS NOT A LISTING OF REPAIRS
TO BE MADE. THE REPORT IS NOT AN ASSESSMENT NOR IS IT
AN APPRAISAL. THE INSPECTOR IS NOT ASSOCIATED WITH ANY
SELLER, BUYER, CONTRACTOR, LAWYER OR REALTOR. OTHER THAN
THE INSPECTION FEE, INSPECTOR HAS NO FINANCIAL INTEREST
IN THE PROPERTY. THE INSPECTION PROCESS IS A TWO PART
SYSTEM: THE VERBAL SURVEY AND THE REPORT. AS SUCH, THE
REPORT IS NOT TRANSFERABLE TO THIRD PARTIES AS IT WILL
NOT CLEARLY CONVEY ALL WRITTEN AND VERBAL INFORMATION
HEREIN. THIS REPORT IS PREPARED BY INSPECTOR AT YOUR REQUEST,
ON YOUR BEHALF, AND FOR YOUR USE AND BENEFIT ONLY; THE
INSPECTION REPORT IS THE PROPERTY OF INSPECTCO, LLC AND
MAY BE USED BY INSPECTCO FOR REFERENCE, INSPECTOR TRAINING
OR MARKETING. THIS REPORT AND ANY MEMORANDA OR INFORMATION
PROVIDED TO YOU PURSUANT TO THIS INSPECTION AGREEMENT
ARE NOT TO BE USED, IN WHOLE OR IN PART, OR RELEASED TO
ANY OTHER PERSON WITHOUT INSPECTOR'S PRIOR WRITTEN PERMISSION.
I hereby authorize the inspection of this Property having
read, understood and agreed to the terms of this Agreement
and herby agree to pay inspection fee’s noted below:
| Inspection Property
Street Address: |
|
| City: |
|
| State and Zip Code: |
|
| Inspection Fee (one
visit 2 hour limit) $____________ the time to compile
a written report is included in the stated fee,
no additional time to compile a report will be charged,
any subsequent visits for re-inspection or additional
inspection time shall be charged at the hourly rate
of $200.00. |
Client Signature: ___________________________ Date: ____________
Client Print Name: __________________________________
InspectCO, LLC: Original Signature on File, Ben Teague,
Owner/Manager