Sat. June 25, 2016
THIS AGREEMENT is made and entered into by and between Scout Home Inspections, LLC referred to as "Inspector", and (Client Name), referred to as "Client".
In consideration of the promise and terms of this Agreement, the parties agree as follows:
1. The client will pay the sum of $(quoted price) for the inspection of the "Property", being the residence, and garage or carport, if applicable, located at (address), (City), AZ (Zip).
2. The Inspector will perform a VISUAL INSPECTION and prepare a written report of the apparent condition of the READILY ACCESSIBLE installed systems and components of the property existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection.
3. The parties agree that the "Standards of Practice" (the "Standards") shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. If the State/ Province where the inspection is performed imposes more stringent standards or administrative rule, then those standards shall define the standard of duty and the conditions, limitations, and exclusions of the inspection.
4. The parties agree and understand that the Inspector and its employees and its agents assume no liability or responsibility for the costs of repairing or replacing any unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. Client agrees not to alter, repair or modify any disputed component or condition without the Inspector re-inspecting the situation following written notice from the Client. Failure of Client to provide written notice with 14 days of discovery and the opportunity to re-inspect the component or condition prior to repair shall result in the forfeiture of Client's right to claim/refund of any kind. The Client further agrees that the Inspector is liable only up to the cost of the inspection. Inspector has no liability whatsoever for inspections or inspection reports not paid for by the client. Not valid in outside the State of Arizona
5. The parties agree and understand the Inspector is not an insurer or guarantor against defects in the structure, items, components, or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
6. Each party signing this Agreement warrants and represents that he/she has the full capacity and authority by law to execute this Agreement. If this Agreement is executed on behalf of Client by any third party, the person executing this Agreement expressly represents to Inspector that he/she has the full and complete authority to execute this Agreement on Client's behalf and to fully and completely bind Client to all terms, conditions, limitations, exemptions and exclusions of this Agreement. Use or reliance on the findings of this inspection and report in any way binds the Client to the terms and limitations of the inspection as noted herein and within the aforementioned "Standards of Practice". This Agreement shall be governed by the laws of the State of Arizona. The parties agree that should any provision of this Agreement be determined to be void or unenforceable, the remaining portions shall remain in full force and effect. If there is more than one Client as "Client", this Agreement binds all Clients. This Agreement may be signed in counterpart and by fax or other electronic or mechanical means and it shall be deemed properly signed and any copy thereof can be deemed an original. Client agrees that it does not matter whether this Agreement is signed before, during, or after issuance of the Inspection Report, it shall be binding. All inspection fees are immediately due and payable upon completion of the physical inspection of the property.
7. This Agreement, including the terms and conditions on the reverse side, represents the entire agreement between the parties and there are no other agreements either written or oral between them. This Agreement shall be amended only by written agreement signed by both parties. This Agreement shall be construed and enforced in accordance with the laws of the State/ Province of AZ, and if that State/ Province laws or regulations are more stringent than the forms of the agreement, the State/ Province law or rule shall govern.
Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged. If no State/Province regulations apply, this report adheres to the Standards, which is available upon request.
Buyer's Agent Present: Yes ___ No ___
Seller's Agent present: Yes ___ No ___ Agents Name:
Inspector's Signature: ________________________________________ Date: (Date) Inspection #: (report #)
License/Certification #: (Lic. Number)
City/State Province/Zip or Postal Code: Glendale AZ 85304
Client agrees to release reports to seller/buyer/REALTOR Yes___ No___
SEE NEXT PAGE FOR ADDITIONAL TERMS, CONDITIONS, AND LIMITATIONS
Additional Terms, Conditions, and Limitations
8. Systems, items, and conditions which are not within the scope of the building inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, other environmental hazards; pest infestation; security and fire protection systems; household appliances; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings, and floors; recreational equipment or facilities; pool/spa water purification systems (ozone generator/saltwater, etc.); underground storage tanks, energy efficiency measurements; motion or photo-electric sensor lighting; concealed or private secured systems; water wells; all overflow drains; heating systems accessories; solar heating systems; heat exchangers; sprinkling systems; water softener or purification systems; central vacuum systems; telephone, intercom or cable TV systems; antennae, lightning arrestors, load controllers; trees or plants; governing codes, ordinances, statutes, and covenants; and manufacturer specifications, recalls, and EIFS. Client understands that these systems, items, and conditions are exempted from this inspection. Any general comments about these systems, items, and conditions of the written report are informal only and DO NOT represent an inspection.
9. The Inspection and report are performed and prepared for the sole and exclusive use and possession of the Client. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this Agreement, makes any claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this Agreement, the Client agrees to indemnify, defend, and hold harmless Inspector from any and all damages, expenses, costs, and attorney fees arising from such a claim.
10. The Inspection will not include an appraisal of the value or a survey. The written report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.
11. In the event of a claim by the Client that an installed system or component of the premises which was inspected by the Inspector was not in the condition reported by the Inspector, the Client agrees to notify the Inspector at least 72 hours prior to repairing or replacing such system or component. The Client further agrees that the Inspector is liable only if there has been a complete failure to follow the standards adhered to in the report or State/Province law. Furthermore, any legal action must be brought within two (2) years from the date of the inspection, or will be deemed waived and forever barred.
12. This inspection does not determine whether the property is insurable.
13. Exclusions of systems normally inspected.
1. Apparent Condition: Systems and components are rated as follows:
SATISFACTORY (Sat.) - Indicates the component is functionally consistent with its original purpose but may show signs of normal wear and tear and deterioration.
MARGINAL (Marg.) - Indicates the component will probably require repair or replacement anytime within five years.
POOR - Indicates the component will need repair or replacement now or in the very near future.
SIGNIFICANT ISSUES - A system or component that is considered significantly deficient, inoperable or is unsafe.
SAFETY HAZARD - Denotes a condition that is unsafe and in need of prompt attention.
2. Installed systems and components: structural components; exterior; interior; roofing; plumbing; electrical; heating; central air-conditioning (weather permitting); insulation and ventilation.
3. Readily accessible systems and components: only those systems and components where Inspector is not required to remove personal items, furniture, equipment, soil, snow, or other items which obstruct access or visibility.
4. Any component not listed as being deficient in some manner is assumed to be satisfactory.
Addendum to Inspection Agreement
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 a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof.
CHINESE DRYWALL EXCLUSION: The Client specifically acknowledges that the property inspection will not and is not intended to detect, identify, disclose, or report on the presence of Chinese Drywall products or the actual or potential environmental concerns or hazards arising out of the existence of these products. Client agrees to hold the Inspector harmless for any injury, health risk, or damages of any nature caused or contributed to by these products. Furthermore, Client acknowledges that any discussions regarding the actual or potential presence of Chinese Drywall are informative in nature only and that the property inspection and/or the inspector do not hold the company or themselves to be experts pertaining to the potential concerns associated with Chinese Drywall.Type your paragraph here.
Scout Home Inspections