Visual Property Inspection Agreement

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1. THIS AGREEMENT made and entered into on the above Contract Date by and between the above-named client and the undersigned, Alpha Omega Inspection & Home Services, LLC hereafter referred to as "Inspector". Inspector will conduct a visual inspection of the Property only. The inspection is performed in accordance with the Standards of Practice of the American Society of Home Inspectors (ASHI). This is not a Building Code inspection, title examination, nor a By-law compliance inspection. The Inspector does not offer an opinion as to the advisability or inadvisability of the purchase of the property, it’s value or its potential use. The inspection fee is based on a single visit to the property and the inspection report will be delivered via email to the email address listed above within 24-48 hours of the end of the inspection after receipt of full payment unless otherwise agreed to by the contracting parties.

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2. The Client will receive a written report of Inspector's observations of the accessible features of the Property. Subject to the terms and conditions stated herein, the inspection includes the non-invasive visual examination of the home's exterior including roof and chimney, structure, electrical, heating and cooling systems, 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. Unless expressly stated in an addendum to this contract, this contract does not include an inspection of any outbuildings or structures not attached to the dwelling other than a garage or carport. Conditions beyond the scope of the inspection will not be identified. No engineering services are offered.

 

3. The 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. A defect that was apparent on any date prior to the inspection date may not be apparent on the inspection date. 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. The inspector and Alpha Omega Inspections & Home Services, LLC is neither responsible nor liable for the non-discovery of any latent defects in materials, workmanship, or other conditions of the property which may occur or may become evident after the inspection time and date. The inspector and Alpha Omega Inspections & Home Services, LLC is neither an insurer nor guarantor against defects in the building and improvements, systems or components inspected. The inspector and Alpha Omega Inspections & Home Services, LLC makes no warranty, express and/or implied, as to the fitness for use or condition of the systems or components inspected.

 

4. The inspection report is provided solely for the benefit of the client and may not be relied upon by any other person. The inspector will not review any other inspection report prior to preparing the Inspection Report provided pursuant to this Agreement unless a copy of the prior report is provided to the Inspector prior to the beginning of the inspection. The client shall not rely on any other inspection report prepared at any time by the Inspector that is not prepared for or addressed to above listed the client.

 

5. Inspections are done in accordance with the ASHI Standards of Practice, 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, electrical lines and circuits, central vacuum systems, central air conditioning when outside temperature is below 65F or 18C, 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.

 

6. 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, radon gas, asbestos, formaldehyde; or for pests such as wood destroying organisms, insects, rodents; fungus including but not limited to mold and mildew unless the inspector is qualified to do so and the client specifically requests the service for an additional fee.

 

7. The condition of certain systems, components and equipment will be randomly sampled by the Inspector. Examples include, but may not be restricted to, window/door operation, electrical receptacles, switches and lights, cabinets, mortar, masonry, paint and caulking integrity, roof covering materials, and examination of interior and exterior surfaces for signs of moisture ingress.

 

8. The inspection excludes defects such as cracking, leaking, surface discolorations, 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.

 

9. In the event that the client claims damages against the Inspector and does not prove those damages, the Client shall pay all legal fees, legal expenses and costs incurred by the Inspector in defense of the claim.

 

10. The Inspector shall have the right to examine the subject matter and area of any claim or potential claim against the Inspector arising here from and the right to offer a resolution prior to Client's performance of any remedial measures (except in the event of an emergency, or to protect for personal safety, or to reduce or avoid damage to property) The right of examination herein is a condition precedent to the commencement of any claim by the Client against the Inspector for any reason including negligence or breach of any term hereof. The Client shall not file or commence any claim against the Inspector in any jurisdiction until he has notified the Inspector of his complaint and made reasonable efforts to afford the Inspector an opportunity to complete such examination.

 

11. This agreement and the documents referred to herein constitute the entire Agreement between the parties here to, and supersede any and all prior representations, discussions, or agreements, whether written or oral. No amendment, change, or variance from this Agreement shall be 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.

 

12. The inspection report does not constitute a warranty, guarantee, and/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. Neither the inspector nor Alpha Omega Inspection and Home Services, LLC. Is associated with any seller, buyer, contractor, lawyer or realtor.

 

13. The Client is encouraged, at their own risk, to participate in the visual inspection process and accepts responsibility for the consequences of electing not to do so. The inspection process is a two part system: the verbal survey and the report. As such, this report is not transferable to third parties as it will not clearly convey the information herein. This report is prepared by inspector at your request, on your behalf, and for your use and benefit only; 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. Client hereby agrees to indemnify, defend and hold harmless the inspector and Alpha Omega Inspection and Home Services, LLC. If, through the unauthorized distribution of this report, any third party brings a claim against the inspector or Alpha Omega Inspection and Home Services, LLC. relating to the inspection or inspection report.

 

14. Relationships/third party providers. Alpha Omega Inspection and Home Services, LLC. may have an affiliation with third-party service providers ("TPSP") in order to offer value-added services to clients. Alpha Omega Inspection and Home Services, LLC. and the inspector may receive compensation for such services. Alpha Omega Inspection and Home Services, LLC. may also arrange for these TPSPs to send literature or make post-inspection contact with the client. By executing this agreement, the client expressly consents to the disclosure of client’s personal contact information to Alpha Omega Inspection and Home Services, LLC. and TPSPs. If client does not wish to receive literature from or be contacted by TPSPs, client shall simply notify the inspector.

 

15. The inspector may collect data which may be used by the inspector, and which may be provided to Alpha Omega Inspection & Home Services, LLC for use by Alpha Omega Inspection & Home Services, LLC. The collected data will primarily consist of data relating to the visual inspection conducted but may also consist of other data relating to the property inspected, client and/or client representative personal and contact information, and demographic data. The inspector and Alpha Omega Inspection & Home Services, LLC may use collected data to perform analysis, improve business processes, improve the Alpha Omega Inspection & Home Services, LLC inspection experience, and obtain feedback from clients and client representatives. The inspector and Alpha Omega Inspection & Home Services, LLC may also provide collected data to third-party service providers ("TPSP") in order to offer value-added services to clients, as described in this agreement. The inspector and/or Alpha Omega Inspection & Home Services, LLC may provide aggregated collected data, but not individual collected data or personal information, to third parties. Other than interaction with TPSPs and aggregated data, the inspector and Alpha Omega Inspection & Home Services, LLC will not sell or rent the collected data to anyone and/or share the collected data with any third party except as necessary to fulfill client requests. By executing this agreement, the client expressly consents to the collection and use of data by the inspector and Alpha Omega Inspection & Home Services, LLC as described herein.

 

16. Schedules indicated below and attached form part of this agreement. In the event of any conflict between a schedule and the provisions of this agreement, the provisions of the schedule will apply to the extent of the conflict.

Attached Schedules:

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17. Items indicated below have been excluded from the inspection at the request of the client and will not be inspected:

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18. The inspection will occur as scheduled. In the event that the client request cancellation of the inspection, the deposit in the amount listed above will be forfeited as the deposit is non-refundable. In the event that the inspection needs to be rescheduled, rescheduling request must be made 48 hours prior to the time of the scheduled inspection by phone and in writing via email. To reschedule, the client will be charged and be required to pay a rescheduling fee in the amount of $100 (one hundred dollars) and will need to be rescheduled within 48 hours from the time the client notified the inspector and Alpha Omega Inspection and Home Services, LLC. Failure to do so will be considered and noted as a cancellation of the inspection resulting in forfeiture of the paid deposit. Rescheduling fee will be required prior to the client being allowed to reschedule the inspection and payment will be required via an electronic method i.e. credit card, debt card, Venmo, paypal. Request and cancellation of the inspection can be made only by the client named above.