In order to complete the process of booking an inspection the following agreement must be read and signed by the person making the booking or their representitive.
Border Home Inspection Agreement – PLEASE READ CAREFULLY BEFORE SIGNING
The inspection
of the property at: ________________________________________________is subject
to the following agreement between Border Home Inspections ("INSPECTOR")Aulden Reid and
_____________________________________ ("CLIENT") . The Parties Understand
and Voluntarily Agree as follows:
1. INSPECTOR
agrees to perform a visual inspection of the home/building and to provide
CLIENT with a written or web based inspection report identifying the defects
that in the INSPECTORS opinion are deemed material. The INSPECTOR may offer
comments as a courtesy, but these comments will not comprise the bargained-for
report.
2. The
INSPECTOR agrees to perform the inspection in accordance to the current
Standards of Practice of the National Association of Certified Home Inspectors
posted at http://www.nachi.org/sop.htm. The CLIENT understands
that these standards contain certain limitations, exceptions, and exclusions.
The following is a summary of these limitations and conditions. Please read
them as well as the actual more detailed standards of practice as mentioned
above. The purpose
of your Home Inspection is to evaluate the general condition of a property.
This includes determining whether systems are still performing their intended
functions. There are limitations to the scope of this Inspection. It provides a
general overview of the more obvious repairs that may be needed. It is not
intended to be an exhaustive list. The ultimate decision of what to repair or
replace is yours. One homeowner may decide that certain conditions require
repair or replacement, while another will not.
A)The
Home Inspection provides you with a basic overview of the condition of the
property. Because your Home Inspector has only a limited amount of time to
go through the property, the Inspection is not technically exhaustive. If you
have concerns about any of the conditions noted, please contact the inspector
ASAP. Some conditions noted, such as foundation cracks or other signs of
settling in a house, may either be cosmetic or may indicate a potential problem
that is beyond the scope of the Home Inspection. If you are concerned
about any conditions noted in the Home Inspection Report, we strongly recommend
that you consult a qualified Licensed Contractor or Engineering Specialist.
These professionals can provide a more detailed analysis of any conditions
noted in the Report at an additional cost.
B)A
Home Inspection does not include identifying defects that are hidden behind
walls, floors orceilings. This includes wiring, structure, plumbing and
insulation that are hidden or inaccessible. Some intermittent problems
may not be obvious on a Home Inspection because they only happen under certain
circumstances. As an example, your Home Inspector may not discover leaks that
occur only during certain weather conditions. Home Inspectors will not find
conditions that may only be visible when storage or furniture is moved. They do
not remove wallpaper, look behind pictures or lift flooring (including carpet)
to look underneath.
C)The
Inspection does not include hazardous materials that may be in or behind the
walls, floors or ceilings of the property. This includes building
materials that are now suspected of posing a risk to health such as
phenol-formaldehyde and urea-formaldehyde based products, fiberglass insulation
and vermiculite insulation. The Inspector does not identify asbestos roofing,
siding, wall, ceiling or floor finishes, insulation or fireproofing. We do not
look for lead or other toxic metals in such things as pipes, paint or window
coverings. The Inspection does not deal with environmental hazards such as the
past use of insecticides, fungicides, herbicides or pesticides. The Home
Inspector does not look for, or comment on, the past use of chemical termite
treatments in or around the property.
D)Although
we offer separate Mold and Air Quality inspections, this agreement applies only
to a basic residential inspection and as such we are not responsible for, and
we do not comment on the quality of air in a building unless a MOLD INSPECTION
and AIR QUALITY INSPECTION is also being requested and paid for. The Inspector does not
try to determine if there are irritants, pollutants, contaminants, or toxic
materials in or around the building. The Inspection does not include spores,
fungus, mold or mildew, including that which may be present behind walls or
under floors. You should note that whenever there is water damage noted in the
report, there is a possibility that mold or mildew may be present, unseen
behind a wall, floor or ceiling. If anyone in your home suffers from allergies
or heightened sensitivity to quality of air, we strongly recommend that you
request a mold and or indoor air quality samples be collected at additional
cost and has a separate agreement.
E)The
Home Inspector does not look for and is not responsible for fuel oil, septic or
gasoline tanks that may he buried on the property. If fuel oil or other storage
tanks remain on the property, you may be responsible for their removal and the
safe disposal of any contaminated soil. If you suspect there is a buried tank,
we strongly recommend that you retain a qualified Environmental Consultant to determine
whether this is a potential problem.
3. The
inspection and report are performed and prepared for the use of CLIENT, and is
not intended for use by any third party and as such the INSPECTOR accepts no
responsibility for use or misinterpretation by third parties. INSPECTOR'S
inspection of the property and the accompanying report are in no way intended
to be a guarantee or warranty, express or implied, regarding the future use,
operability, habitability or suitability of the home/building or its components.
Any and all warranties, express or implied are expressly excluded by this
Agreement. 4. In the event of a claim against INSPECTOR, CLIENT agrees to
supply INSPECTOR with the following: (1) Written notification of adverse
conditions within 14 days of discovery, and (2) Access to the premises. Failure
to comply with the above conditions will release INSPECTOR and its agents from
any and all obligations or liability of any kind.
5. The parties
agree that any litigation arising out of this Agreement shall be filed only in
the Court having jurisdiction in the local area in which the INSPECTOR has its
principal place of business. In the event that CLIENT fails to prove any
adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal
costs, expenses and fees of INSPECTOR in defending said claims.
6. If any court
declares any provision of this Agreement invalid or unenforceable, the
remaining provisions will remain in effect. This Agreement represents the
entire agreement between the parties. All prior communications are merged into
this Agreement, and there are no terms or conditions other than those set forth
herein. No statement or promise of the INSPECTOR or its agents shall be
binding unless reduced to writing and signed by the INSPECTOR. No change or
modification shall be enforceable against any party unless such change or
modification is in writing and signed by the parties.
7.The
INSPECTOR assumes no liability for the cost of repair or replacement of
unreported defects or deficiencies either current or arising in the future.
CLIENT acknowledges that the liability of the INSPECTOR arising out of this
inspection and report, for any cause of action whatsoever, whether in contract
or in negligence, is limited to a refund of the fees that the CLIENT has been
charged for this inspection.
8.
Payment of the fee to the INSPECTOR is due prior to or upon completion of the
on-site inspection. If the CLIENT is a corporation, LLC, or similar entity, the
person signing this Agreement on behalf of such entity does personally guaranty
payment of the fee by the entity.
THE CLIENT HAS
CAREFULLY READ THIS AGREEMENT, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY
OF THIS AGREEMENT.
