This 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, including future visits and/or testing performed, 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. SCOPE OF INSPECTION 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 report pages. 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 as outlined by New York State laws: (Some of the below items may be included in this inspection for additional fees – check with your inspector.) ⦁ Building code or ordinance violations. ⦁ Geological stability or soils condition. ⦁ Structural stability or engineering analysis. ⦁ Termites, pests, or other wood destroying organisms. ⦁ Asbestos, radon, formaldehyde, lead, mold, water or air quality, electromagnetic radiation or any environmental hazards including but not limited to buried oil tanks or lines. ⦁ Building value appraisal or cost estimates. ⦁ Condition 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, solar heating or electrical systems, standby emergency generators/components. ⦁ 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. 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. Confidential Report 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 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. Client also agrees to not accept compenation for transferring report to a third party not named within. Attorney’s Fees 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. 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 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. Arbitration 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 INSPECTOR’S 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.