 |
|
|
|
1. INSPECTION: The term "inspection", as used in this agreement shall mean a limited and primarily visual inspection of the readily accessible areas of the structure at the above listed inspection location. The standards of conduct of the inspection are governed by "The Standards of Practice and Code of Ethics" of the American Society of Home Inspectors, Inc., whose terms are incorporated herein by reference. A copy of the standards of practice will be made available upon request. Client understands and agrees that the inspection is Lighthouse Home Inspections, LLC, good faith opinion of the condition of the major systems of the structure at the time of the inspection and is not a code inspection, or engineering evaluation. The term "inspection" DOES NOT include all items and specific items which are not part of the inspection including, but not limited to: code or zoning violations, permit research, surveys, site assessments, personal property, odors or noise, security or fire safety systems, lead paint, asbestos, radon, water testing, wells, toxic or flammable materials, rodents or other pests, dry-rot or fungus, refrigerators, freezers, self cleaning or continuous-cleaning capabilities of ovens, remote overhead door transmitters/receivers, floor coverings, well coverings, free-standing kitchen appliances, laundry appliances, water conditioners, swimming pools, spas, saunas and any other steam producing devices or fixtures, hot tubs, lawn sprinkler systems, sea walls, dockage, tennis courts, playground equipment, or other recreation or leisure appliances. A separate radon sampling, water sampling, lead sampling, asbestos sampling, hot tub inspection, pool inspection, VA wood destroying insect inspection, or barn inspection may be performed if contracted for separately. 2. WRITTEN INSPECTION REPORT: A written report of the inspection shall be furnished to the Client by Lighthouse Home Inspections, LLC, within a reasonable time after completion of the inspection, and Client acknowledges that such a report is in no way a written warranty or guarantee of the condition of the property, but only a summation of observations made by the inspector, based on the age of the components and normal wear and tear. Any conditions requiring repair, replacement, or servicing should be evaluated by professionals in appropriate trades before closing. Client understands that the inspection and inspection report are performed and prepared for the client's sole, confidential and exclusive use. Client agrees that they will not transfer or disclose any part of the inspection report to any other person with these exceptions ONLY: (a) one copy may be provided to the current seller(s) of the property, but only upon the express condition that the seller(s) covenant to use the inspection report only in connection with the client's transaction, and agree not to transfer or disclose the report to any persons other than their real estate agent, and (b) one copy may be provided to the real estate agent representing the client and/or bank or other lender for use in the client's transaction only. Client agrees to indemnify, defend and hold harmless Lighthouse Home Inspections, LLC, from any third party claims relating to this inspection or inspection report. 3. DISCLAIMER OF DAMAGES: IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT LIGHTHOUSE HOME INSPECTIONS, LLC, IS NOT AN INSURER AND DOES NOT INSURE AGAINST DEFECTS IN THE PROPERTY INSPECTED. LIGHTHOUSE HOME INSPECTIONS, LLC, MAKES NO GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MECHANTABILITY OR FITNESS OF USE AS TO THE CONDITION OF THE PROPERTY INSPECTED. I understand and agree with the terms of this paragraph. ____ 4. LIQUIDATED DAMAGES: It is understood and agreed by the parties that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from any negligence on the part of Lighthouse Home Inspections, LLC, in performance of its obligations hereunder. The client does not desire the contract to provide for the full liability of Lighthouse Home Inspections, LLC, and agrees that Lighthouse Home Inspections, LLC, shall be exempt from liability for loss, damage, or injury due directly, or indirectly from any defects in the property inspected or for the services performed hereunder, but that if Lighthouse Home Inspections, LLC, should be found liable for any such loss, damage, or injury, Lighthouse Home Inspections, LLC, liability shall be limited to a sum equal to the amount of the fee paid for the general home inspection only, as stated above, as the agreed upon liquidated damages and not as a penalty. Such damages shall be the client's exclusive remedy in the event of an alleged breach of the agreement by Lighthouse Home Inspections, LLC, its agents, or employees. I understand and agree with the terms of this paragraph. ____ 5. RIGHT OF REINSPECTION: It is understood by the parties that if the water or utilities are not on at the time of the inspection, Lighthouse Home Inspections is not required to reinspcct any systems that were inoperable due to these conditions. Lighthouse Home Inspections my be re-contracted to inspect these systems at a later date at a minimum of $100.00. If a component of the property, appliance, or piece of mechanical equipment inspected and reported by Lighthouse Home Inspections is discovered as requiring repair or replacement which differ from that stated in Lighthouse Home Inspections' report, the client will inform Lighthouse Home Inspections and allow Lighthouse Home Inspections to reinspcct the item before the client repairs or replaces the item. If the client does repair or replace the item before Lighthouse Home Inspections has the opportunity to reinspcct it, client waives any and all actions against Lighthouse Home Inspections for failure to adequately inspect such item. 6. TIME LIMITS FOR CLAIMS Any legal action, including the arbitration described in paragraph nine (9) including, but not limited to, those proceedings involving claims arising from this inspection against Lighthouse Home Inspections, LLC must be brought within six (6) months from the date of the inspection, failure to bring said action within six (6) months of the date of the inspection is a full and complete waiver of any rights, actions or causes of actions that may have arisen there from. I understand and agree with the terms of this paragraph. ____ 7. INDEMNITY: In the event any person, not a party to this agreement, shall make any claim or file any lawsuit against Lighthouse Home Inspections, LLC for failure of its services hereunder in any respect, client agrees to indemnify, defend, and hold Lighthouse Home Inspections, LLC harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorney fees. 8. LITIGATION: Should a client make any claim or file any lawsuit against Lighthouse Home Inspections, LLC and the client is the non-prevailing party, the client shall pay all damages, expenses, costs and attorney fees of Lighthouse Home Inspections.. LLC. 9. ARBITRATION: Any dispute, controversy, interpretation, or claim including claims for, but not limited to, breach of contract, any from of negligence, fraud, or misrepresentation arising out of, from or related to the inspection or inspection report shall be submitted to final and binding arbitration under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. The decision of the Arbitrator appointed hereunder shall be binding and judgment on the Award may be entered in any Court of competent jurisdiction. 10. PAYMENT: The client agrees to pay Lighthouse Home Inspections, LLC the specified total fee, at the time of the inspection. If collection is required the client agrees to pay all costs of collection, including any attorney fees. 11. RADON TEST: If the client elects to have a radon test, it is understood that the client will insure that ALL WINDOWS AND ALL EXTERIOR DOORS at the subject property are closed for a maximum of sixty (60) hours, which will start twelve (12) hours prior to the scheduled time of the inspection. If the client elects the self-test the client is responsible for retrieving the test forty-eight (48) or seventy-two (72) hours after the scheduled inspection time. If the client elects the inspector test it is the responsibility of the client to ensure that the inspector will have access to the test location forty-eight (48) or seventy-two (72) hours after the scheduled inspection time and it is understood by the client that if the inspector is unable to access the test site at the scheduled return time, than the test will be corrupted and rendered inconclusive, and there will be no refund. It is also understood that the radon test kits are the property of a third party lab, and that if their kits are lost or destroyed the client is responsible for a replacement fee of $75.00. 12. ENVIRONMENT SAMPLINGS (Radon, Water, Lead, Asbestos) AND WOOD DESTROYING INSECT SCREENING: The purpose of these samplings/screening is to alert the client to a possible problem. However, a negative result in any of these samplings/screening does not necessarily mean that the building is absent such materials. WHILE LIGHTHOUSE HOME INSPECTIONS, LLC, AND ITS AGENTS MAKE EVERY EFFORT TO MAINTAIN THE HIGHEST POSSIBLE QUALITY CONTROL & INCLUDE CHECKS & VERIFICATION STEPS IN OUR PROCEDURES, LIGHTHOUSE HOME INSPECTIONS, LLC MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. 13. ENTIRE AGREMENT: This agreement constitutes the entire agreement between the client and Lighthouse Home Inspections, LLC. Any amendment or modifications of this agreement shall be in writing and shall be signed by all of the parties hereto, or their successors in interest. Any additional inspections are to be performed subject to the terms and conditions of this agreement except for fees charged for such additional inspections. I understand and agree with the terms of this paragraph. ____ 14. SEVERABILITY: If any portion of this agreement is found to be invalid or unenforceable by any court or arbitrator the remaining items shall remain in force between the parties. 15. SELECTION OF SUBCONTRACTORS AND/OR OTHER RESOURCES: Lighthouse Home Inspections, LLC, shall reserve the sole and exclusive right and privilege to hire, contract, or otherwise enter service arrangements with other businesses, contractors, laboratories, their agents or employees, as is to be determined at their own discretion as in the best interest of the client at the time services are provided within the provisions of this agreement as already stated. BY MY SIGNATURE BELOW, I (CLIENT) ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS CONTRACT AND AGREE TO PAY THE TOTAL FEE LISTED ON PAGE ONE (1) OF THIS AGREEMENT.
|
|
|