APEX Home Inspection LLC INSPECTION AGREEMENT
THIS AGREEMENT LIMITS OUR LIABILITY — PLEASE READ IT CAREFULLY
This Inspection Agreement is entered into between the Client and Apex Home Inspection LLC, a Virginia State corporation (the Company) including its inspectors.
1.Scope – Inspection of Residence: In consideration of the terms and conditions set forth below, the Company agrees to perform a visual inspection (the Inspection) of the property listed above (the Residence), and to prepare and provide to the Client an Inspection Report (the Report). The Inspection will be in accordance with the Standards of Practice of the American Society of Home Inspectors® (ASHI®). A copy of the ASHI Standards of Practice is available to the Client at ashi.com. This is not a building code inspection. The Inspection will consist of visual observation of readily and safely accessible areas of the Residence. As specified in the ASHI Standards for multiple occurring items such as outlets, windows, and doors – only a representative number will be inspected/tested. The Inspection is limited only to visual observation of apparent conditions existing at the time of the Inspection. Except as provided in the Disclosure Section on page 2, a copy of the Report will also be sent to the Client’s real estate agent, if any. The copyright of the Report shall remain with the Company.
2.Inspection Components: The Inspection is strictly limited only to the following components of the Residence: Structure, Foundation, Exterior, Roof, Attic, Major Systems (heating, air conditioning, electric, plumbing), Built-in Appliances1, Interior (floors, ceilings, walls, windows, doors). 1. Beyond the scope of the ASHI Standard of Practice.
3. Client Responsibilities: Client is encouraged to participate in the home inspection process. This is an excellent opportunity to learn about the home. Client participates at their own risk and the Inspector assumes no liability for personal injury or property damage resulting from client participation. Client assumes responsibility for missed information as a result of not participating in the inspection.
4.Property Access: Approved access for entry onto the premises being inspected is assured by the Client. It is the responsibility of the Client to ensure that the utilities are on, appliances and equipment are operational, alarms are off, and all applicable areas are accessible at the time of inspection. Client further agrees to defend, indemnify and hold harmless the Inspector from demands or claims alleging a trespass upon the premises to be inspected.
5. Payment: Check or Cash due at the end of the inspection.
6.Cancellation: Client may cancel the inspection at any time before the inspection date. A fee of $150 is due if the inspection is cancelled after the inspector is on site or if the Client fails to notify the Inspector of the cancellation. The Client may cancel the inspection after the inspection begins for a reduced rate.
7. Limitations: This is a non-invasive visual inspection. Client acknowledges there may be concealed or latent defects or deficiencies that cannot be seen and that the Inspector cannot insure against defects or deficiencies not noted in the report and later discovered by the Client. The report is not an exhaustive list of every minor defect and cannot precisely and completely assess all risks, detect all flaws, predict all future occurrences, or make any assurances. The Client acknowledges that the Inspector’s rating is on material condition only.
The Inspector is not required to operate systems or components that are not permanently installed, do not respond to normal operating controls, or which are shut off. The Inspector is not required to operate shutoff valves. The Inspector is not required to poke holes, lift carpets, or move personal property, furniture, equipment, appliances, insulation, plants, soil, snow, ice, or debris. The inspection is only good until the Inspector leaves the property. The Client acknowledges that property conditions can change after the inspection and that the Inspector is not responsible for changes, damages, repairs, equipment failures, or symptoms of problems that occur after the inspection. For this reason, no guarantees or warranties of any kind will be made by the Inspector.
The following items or conditions are not part of a home inspection and any comments regarding them are provided as a courtesy by the Inspector:
1) Any roof, attic, crawlspace, or other area deemed unsafe or inaccessible by the Inspector; 2) Multi-unit common areas; 3) Decorative items, paint, wallpaper, or treatments to walls, windows, floors, ceilings; 4) Recreational equipment, playgrounds, pools, spas, saunas; 5) Sheds/outbuildings 6) Window air conditioners, portable heaters, wood stoves 7) Motion or photo-electric sensors; 8) Concealed or private secured systems; 9) Water wells, septic systems, underground utilities; 10) Overflow drains and shower pans; 11) Heating system accessories or humidifiers; 12) Solar heating; 13) Heat exchangers; 14) Sprinklers; 15) Water purification or water softeners; 16) Central vacuum; 17) Telephone, intercom, cable TV, audio/video systems, antennae; 18) Lightning arrestors or load controllers 19) Elevators; 20) Manufacturer specifications, energy efficiency, recalls; 21) Thermostat/timer accuracy; 22) Chimney interiors/liners; 23) Synthetic siding; 24) Security or fire protection systems.
The following categories are not part of a home inspection and any comments regarding them are provided as a courtesy by the Inspector:
1) Compliance with regulatory requirements (building code, regulations, laws, ordinances, etc.); 2) The condition of systems or components that are not readily accessible; 3) The remaining life of any system or component; 4) The strength, adequacy, effectiveness, design, or efficiency of any system or component; 5) The causes of any condition or deficiency; 6) The methods, materials, or costs of corrections; 7) Future conditions including, but not limited to, the failure of systems or components. The suitability of the property for any specialized use; 8) The market value of the property or its marketability; 9) The advisability of purchase of the property; 10) The presence of diseases harmful to humans or potentially hazardous plants or animals, including, but not limited to, wood destroying organisms and mold; 11) The presence of any environmental hazards including, but not limited to, formaldehyde, toxic or flammable materials, urea, fungi, pests, carcinogens, noise, asbestos, lead-based paint, mold, radon, and contaminants in soil, water and air; 12) The effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances; 13) The operating costs of systems or components; 14) The acoustical properties of any system or component; 15) The presence of components involved in manufacturer’s recalls; 16) Soil, groundwater, or geological conditions.
8. Weather Limitations: Weather conditions may limit the extent of the inspection. Snow cover limits visibility and access to the roof, driveway, walkways, decks, and grounds. Rain may limit roof access. Dry conditions limit the ability to detect moisture problems, leaks, and property drainage. Cooling systems may not be able to be tested when the outside temperature has fallen below 60 degrees in the past 24 hours.
9. Reinspection: Components, systems, or areas not inspected due to weather limitations, utility shutoff, restricted access, or any other reason will NOT be reinspected as a part of this inspection. Client may schedule a new inspection for any component, system, or area for an additional fee. A reinspection on any repairs done after the original inspection is not part of this inspection and is also an additional fee.
10.Entire Agreement & Severability: This Agreement contains the entire agreement between the Client and the Company. This document supersedes any and all representations, both oral and written, among the parties. This Agreement may be modified, altered or amended only in writing and signed by both the parties. Any provision of this Agreement which proves to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Agreement and all such other provisions shall remain in full force and effect.
11.No Warranty or Guarantee: The Inspection and the Report are not intended; nor shall they be used or treated by the Client or anyone else, as a guarantee or warranty expressed or implied, regarding the adequacy, performance or condition of any aspect of the Residence. The Client acknowledges and agrees that the Company is not an insurer of any inspected or non-inspected conditions at the Residence. The Client acknowledges that the Company has explained that home warranty plans are available which offer valuable protection against certain unforeseen repair expenses.
12.Latent and Future Defects: The Inspection is not a technically exhaustive investigation or evaluation of every aspect of the Residence. The Client acknowledges and agrees that the Inspection and the Report will not reveal every existing deficiency and future condition affecting the Residence. The Company is not responsible for the non-discovery of any latent defects in the Residence, or any problems that may occur or become evident after the date of the Inspection. Latent defects in the Residence include, but are not limited, to: cracking, leaking, surface dislocations, or landslides resulting from, without limitation, water leaks, land subsistence, or other geological problems. The Company is not responsible for future defects, failures and repairs. The Company shall have a reasonable opportunity, weather permitting, to access the Residence to evaluate the situation prior to any corrective action being taken by the CLIENT.
13.Fee: $ . This Fee is for the Inspection and Report, and payable at the time of the inspection. If payment received more than 14 days after the date of inspection, there will be a late payment penalty in the amount of $50.00, and will accrue interest at the rate 1.5% monthly (18% per annum) from the date of delinquency until paid. The Client also agrees to pay all attorney fees and associated costs for the Company to collect the amount due. Remedy for non-payment shall be adjudicated in small claims court.
14.Limits of Liability:. The CLIENT agrees that the limit of liability is $1000, and is unrelated to the costs of repairing or correcting any defects in the Residence. The Company assumes no liability for the cost of repairing or replacing any reported or unreported defect or deficiency in the Residence, either current or arising in the future, or for any property damage, consequential damage, or bodily injury of any nature. The Inspection and Report are conducted and prepared for the sole, confidential and exclusive use of the Client. Consequential and third party damages are excluded; and the client indemnifies the company from all such claims.
Even though the report may have been a material factor in the client’s decision to purchase the residence, the client agrees that should the company be found liable for any loss or damages resulting from a failure to perform any of the company’s obligations, including but not limited to negligence, breach of contract, or any other legal theory or cause of action, the liability of the company shall be limited solely to $1,000.
15.Complaint Regarding Inspection – Limitation of Actions: All claims and legal action regarding or arising from the property condition and this inspection and report must be filed and initiated by Client no later than one (1) year following the date of the Report. A failure to do so will result in a loss of legal rights.
16.Arbitration Clause: Any controversy or claim arising out of, or relating to this Agreement, or breach thereof, either directly or indirectly shall be settled by binding arbitration administered by the American Arbitration Association in the state of VIRGINIA, using its Commercial Arbitration Rules. The arbitrator shall have at least three (3) years of actual knowledge of the home inspection industry. Any decision and judgment award rendered may be entered in any court having jurisdiction hereto. Each party agrees to pay its own costs of arbitration. (This excludes payment of the company’s fees.)
17.WALK-THROUGH INSPECTION BY CLIENT: The Client is advised that conditions at the Residence may change between the date of the Inspection and the date on which the Client closes on the purchase of the Residence. Consequently, the Client is advised and encouraged to personally conduct, or to arrange for an independent third party to conduct a pre-closing “Walk-Through Inspection” of the Residence. This pre-closing Walk-Through Inspection should include, but not be limited to, the heating/cooling systems and the landscape sprinkler system – weather permitting.