contract limits our liability…….Please read carefully.
This agreement is between the client and
the inspection company.
I (Client) hereby request a limited visual
inspection of the structure at the address named in the document, 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 that I may have.
The scope of the inspection and report is a limited visual inspection of the general 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.
“Home Inspectors are licensed
by the NYS Department of State. Home Inspectors may only report on readily accessible and observed conditions as outlined
in this pre-inspection agreement, Article 12 B of the Real Property Law and the regulations promulgated thereunder including,
but not limited to, the Code of Ethics and Regulations and Standards of Practice as provided in the Title 19 NYCRR Subparts
197-4 and 197-5 et seq. Home Inspectors are not permitted to provide engineering or architectural services”; and
“If immediate threats
to health or safety are observed during the course of the inspection, the client hereby consents to allow the home inspector
to disclose such immediate threats to health or safety to the property owner and/or occupants of the property.” The
inspection will be performed in compliance with New York State Regulations and Code of Ethics, a copy of which is available
online at www.dos.ny.gov. The scope of the inspection is limited to the items listed within the
OUTSIDE THE SCOPE OF INSPECTION
Any area which is not exposed to view, is concealed, or is inaccessible because
of soil, walls, floors, carpets, ceilings, furnishings, or any other thing is not included in this inspection. 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:
Building code or ordinance violations.
Geological stability or soils condition.
Structural stability or engineering analysis.
Termites, pests, or other wood
Asbestos, radon, formaldehyde, lead, mold, water or air quality, electromagnetic radiation or any environmental hazards.
Building value appraisal or cost
of detached buildings.
Pools or spa bodies and underground piping. Saunas, steam baths, or fixtures and equipment.
Specific components noted as being excluded
on the individual system inspection forms.
Private water or private sewage systems.
Radio controlled devices, automatic gates, elevators, lifts, dumbwaiters,
and thermostatic or time clock controls.
Water softener/purifier systems or solar heating systems.
Furnace heat exchangers, freestanding appliances, security
alarms or personal property.
Adequacy or efficiency of any system or component.
Prediction of life expectancy of any item.
(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 real estate
transfer disclosures which 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.
The inspection report
to be prepared for client is solely and exclusively for clients own information and may not be relied upon by any other person.
Client agrees to maintain the confidentiality of the inspection report and agrees not to disclose any part of it to 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 indemnify, defend, and hold inspector harmless from any third party
claims arising out of client’s unauthorized distribution of the inspection report.
The prevailing party
in any dispute arising out of this agreement, the inspection, or report(s) shall be awarded all attorneys’ fees, arbitrator
fees and other costs.
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.
Client understands and agrees that any claim for failure to accurately report the visually discernable
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 is limited to six months from the date of inspection to make such claim. 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.
Any dispute, controversy, interpretation
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 contractor 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 final and binding and judgment on the Award may be entered in any court of competent jurisdiction.
Limitation on Liability
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, HIERS, 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