©2018 by Global Home Inspections. Proudly created with Wix.com

Submit Your Property

                                         Home Inspection Agreement Revised November 2017

 

This is an Agreement between you, the undersigned Client, and us, the Inspector, pertaining to our inspection of the Property at:

_____________________________________________. The terms below govern this Agreement.

1. The fee for our inspection is $__________, payable [in full / in part at $ _______________] at a time [before / after] the appointment.

2. We will perform a visual inspection of the home/building and provide you with a written report identifying the defects that we (1) observed and (2) deemed material. The report is only supplementary to the seller’s disclosure.

3. Unless otherwise noted in this Agreement or not possible, we will perform the inspection in accordance with the current Standards of Practice (SOP) of the International Association of Certified Home Inspectors (“InterNACHI”), posted at www.nachi.org/sop. If your jurisdiction has adopted mandatory standards that differ from InterNACHI’s SOP, we will perform the inspection in accordance with your jurisdiction’s standards. You understand that InterNACHI’s SOP contains limitations, exceptions, and exclusions. You understand that InterNACHI is not a party to this Agreement, has no control over us, and does not employ or supervise us.

4. Unless otherwise indicated in writing, we will NOT test for the presence of radon, a harmful gas. Unless otherwise indicated in writing, we will not test for mold. Unless otherwise indicated in writing, we will not test for compliance with applicable building codes or for the presence of or for any potential dangers arising from the presence of asbestos, lead paint, soil contamination, or other environmental hazards or violations. If any structure you want us to inspect is a log structure or includes log construction, you understand that such structures have unique characteristics that may make it impossible for us to inspect and evaluate them. Therefore, the scope of our inspection will not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.

5. Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.

6. LIMITATION ON LIABILITY AND DAMAGES. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than 1.5 times the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee. If you wish to eliminate this liquidated damages provision, we are willing to perform the inspection for an increased fee of $______, payable in advance.

7. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, we may inform you of this and you may hire us to perform additional functions. Any agreement for such additional services shall be in a separate writing.

8. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.

9. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney’s fees incurred in defending that claim. You agree that the exclusive venue for any legal action against InterNACHI itself, allegedly arising out of this Agreement or our membership in InterNACHI, will be in Boulder County, Colorado. Before bringing any such action, you must provide InterNACHI with 30 days’ written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that InterNACHI can evaluate it. In any action against us or InterNACHI, you waive trial by jury.

10. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection.

11. Past-due fees for your inspection shall accrue interest at 8% per year. You agree to pay all costs and attorney’s fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.

12. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement. 13. You may not assign this Agreement.

14. If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this.

15. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.

16. If you would like a large print version of this Agreement before signing it, you may request one by emailing us.

17. If you elect to participate in InterNACHI’s Buy-Back Guarantee Program, you will be bound by the terms you may view at www.nachi.org/buy.

I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT AND ACKNOWLEDGE RECEIVING A COPY OF IT.

_________________________________________________________ ___________________________________________________________ CLIENT (Date) CLIENT (Date)

Copyright © 2017 International Association of Certified Home Inspectors

 

Global Home Inspections Sewer Scope Agreement

 

THIS AGREEMENT is made for the business year of 2019, by and between Global Home Inspections, LLC (hereinafter “INSPECTOR”) and _____________________________________________________(hereinafter “CLIENT”), collectively referred to herein as “THE PARTIES.” The Parties Understand and Voluntarily Agree as follows: 1. INSPECTOR agrees to perform a Sewer Scope Inspection to inspect the condition of the home sewer line and to identify components in need of immediate repair. The inspection will proceed as follows: a proper access into the sewer line will be obtained, a camera device is then inserted into the sewer line, the inspection process is recorded, and a written inspection report. The evaluation will be based on visual observations and based upon data collected from the inspection camera equipment. The inspection and report are non-invasive not intended to be technically exhaustive. Global Home Inspections LLC will provide a written report that is a summary of observations and unbiased opinions based on the experience of the inspector. The inspection is not complete until the written report and video are received. 2. The Inspection Report outlines and defines the portions of the sewer line that were inspected and indicates any areas that were not inspected, the reason they were not inspected, and general statements of what is commonly included and excluded during an inspection. The written Inspection Report, together with this agreement, represent the final statement on the condition of the sewer line when inspected and the final statement on what was included and/or excluded in the inspection. 3. The inspection and report are performed and prepared for the use of the CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, sellers, repair persons, and other interested Parties. INSPECTOR accepts no responsibility for use or misinterpretation by third Parties. The report is only supplementary to the seller’s disclosure. 4. No Warranty: INSPECTOR’S inspection of the Property and the accompanying report are in NO WAY INTEDED TO BE A GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, regarding the future use, operability, habitability or suitability of the Property or its components. All warranties, express or implied, including warranties of merchantability and fitness for a purpose, are expressly exclude by this Agreement to the fullest extent allowed by law. The inspection is intended to reduce risk, but cannot eliminate risk. 5. CLIENT acknowledges that Global Home Inspections, LLC. will not observe every square inch of the sewer system, that Global Home Inspections, LLC could fail to see or note a defect, and that defects may exist that cannot be detected by visual inspection only. CLIENT agrees that the inspection and report in no way lessen the risk or likelihood of repairs or replacements being needed at any time in the future. 6. Global Home Inspections, LLC and its employees or agents shall not be held liable for the cost of repairing any defects or deficiencies, whether present at the time of the inspection or arising in the future, or for any consequential property damage or bodily injury of any nature. Limitation of Liability: 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 INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the Property even if the CLIENT had been advised of the possibility of such damages. The Parties acknowledge that the liquidated damages are not intended as a penalty but are intended (I) to reflect the fact that actual damages may be difficult and impractical to ascertain; (II) to allocate risk among the INSPECTOR and CLIENT; and (III) to enable the INSPECTOR to perform the inspection at the stated fee. 7. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to the inspection or inspection report shall be submitted first to Mediation conducted by Construction Dispute Resolution Services, LLC. Absent a voluntary settlement through Mediation, the aggrieved party shall submit to Construction Dispute Resolution Services, LLC for final and binding Arbitration, if necessary, as conducted by and per the rules and procedures of Construction Dispute Resolution Services, LLC. The costs charged by Construction Dispute Resolution Services, LLC and the arbitrator shall be shared equally among the Parties; however, each party shall be responsible for paying his or her own attorney’s fees, expert witness costs, and other costs incurred in connection with the arbitration. 8. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to this contract or arising out of, from or related to the inspection or inspection report shall be submitted first to Mediation conducted by Construction Dispute Resolution Services, LLC. Absent a voluntary settlement through Mediation, the aggrieved party shall submit to Construction Dispute Resolution Services, LLC for final and binding Arbitration, if necessary, as conducted by and per the rules and procedures of Construction Dispute Resolution Services, LLC. The accepted standard against which the inspection shall be judged is the “International Standards of Practice for Performing a General Home Inspection” of InterNACHI. The costs charged by Construction Dispute Resolution Services, LLC and the arbitrator shall be shared equally among the Parties; however, each party shall be responsible for paying his or her own attorney’s fees, expert witness costs, and other costs incurred in connection with the arbitration. If CLIENT fails to prove any adverse claims against INSPECTOR, CLIENT agrees to pay all legal costs, expenses and attorney fees of INSPECTOR in defending said claims. The Parties realize that they are giving up their rights to utilize the court systems for any disputes or claims. 9. DISPUTE RESOLUTION CONTRACT: In the event of a claim with the following: (I) Written notification of adverse conditions within 48 hours of discovery, and (II) Access to the premises before any repairs are made. CLIENT agrees to hold the INSPECTOR harmless for all claims relating to conditions that are altered or repaired without said notice or inspection. This Agreement represents the entire agreement between the Parties. 10. 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 INSPECTOR or its agents shall be binding upon and enforceable by the Parties and their heirs, executors, administrators, successors and assignees. 11. CLIENT shall have no cause of action against INSPECTOR after one year from the date of delivery of the report to the CLIENT. If a court of competent jurisdiction determines that any section, provision, or part of this Agreement is void, voidable, unenforceable, or contrary to the law, the remaining provisions of this Agreement shall remain in full force and effect. 12. Fee Payment is due to the INSPECTOR at or prior to the time of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including costs of collection of attorney’s fees, if any. 13. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guarantee payment of the fee by the entity. The CLIENT agrees that any balance left unpaid 30 days after date of inspection is subject to interest at 18% APR. 14. If CLIENT requests a re-inspection, the re-inspection is subject to all terms and conditions set forth in this agreement. This Agreement is not transferable or assignable. Each party signing for the CLIENT represents that they have full authority to make this agreement on behalf of the CLIENT. If this agreement is signed on behalf of the CLIENT by any third party, the person signing this agreement expressly represents to ProView Sewer Scopes, LLC that they have the full authority to execute this agreement on behalf of the CLIENT, and to fully bind the CLIENT to all terms and conditions of this agreement. 15. GG I authorize Global Home Inspections, LLC to accept my check and initiate an electronic debit as payment for services. The undersigned acknowledges that they have read this agreement, fully understand the agreement, agree to be bound by the agreement, including the terms, conditions and limitations described above, (including that in no event shall liability extend beyond the fee paid for services provided), and have received a copy of the agreement. 16. RESPONSIBILITIES OF THE CUSTOMER: Customer represents that except as described in the request for services, all plumbing and drain systems are in good repair and condition and agrees to holdGlobal Home Inspections, LLC harmless for the discovery of defective conditions, including but not limited to: Lines that have settled or that are broken; Freezing conditions of property and mainline; Existing illegal conditions; Rusted or defective pipes; Improper or faulty plumbing; Customer’s supplied materials; Acids in the drain system; Existing piping beyond our repair. 17. EXCLUSIONS AND LIMITATIONS: Global Home Inspections, LLC is not responsible for the following: The removal and/or the cost of removal of lodged equipment due to defective lines; Defective conditions listed under the above “RESPONSIBILITIES OF THE CUSTOMER”; Work performed by or materials installed by others not in this agreement; Failures and defects from mistreatment, neglect, or failure to reasonable discover said defect upon inspection; Resealing or caulking toilet base after access investigation; Pre-existing conditions of leaking toilets or mainline plugs used as access points. CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT AND UNDERSTANDS THAT IN NO EVENT SHALL LIABILITY EXTEND BEYOND THE FEE PAID FOR SERVICES 

Print -________________________  Sign - __________________________  Date: __________