Please Read This Agreement Carefully
Notice: Disputes under this contract may be subject to Arbitration
Customer's name: [[fname]] [[lname]]
Property address: [[customer_property_address]]
Date: [[todays_date]]
Parties: This Agreement is made and entered into on the above Contract Date by and between the named Client and the undersigned, an independently owned and operated of Inline Home Inspection, LLC., hereafter referred to as Inspector.
Nature of Services: Inspector will conduct a visual inspection of the property only. The inspection is performed in accordance with the Standards of practice of the InterNACHI Home Inspection Standards. You can find the InterNACHI Home Inspection Standards here at https://www.nachi.org/standards-and-policies. 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 inadvisability of the purchase of the Property, its value, or potential use.
[[selected_package]]: $[[package_price]]
It is acknowledged that this contract is based upon the selection of a [[selected_package]] which includes the following addons if any have been selected:
Inspection scheduled date and time if chosen: [[date_time]]
[[addon_discount_summary]]
Total Price:
[[calculated_total]]
Fee: The Inspection fee is based on a single visit to the property. Additional fees may be charged for any subsequent visits required by the client. If the Inspector is called upon to prepare for litigation or give testimony as a result of the inspection, additional fees shall be charged at the Inspector's then current hourly rate for any time spent, including, but not limited to, research, consultation, additional inspection time, preparation of reports, travel, time, waiting to testify, and court appearances.Scope of Services: The Client will receive an emailed report of Inspector's observations of the accessible features of the Property. Subject to the terms and conditions stated herein, the inspection includes the 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. Inspector will also functionally operate major Built-in appliances. Conditions beyond the scope of the inspection will not be identified. No engineering services are offered.
Limitations of Scope of Services: This 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 inspector assume such risk. While some of the less important deficiencies are addressed, an all-inclusive list of minor building flaws is not provided.
Exclusions: The Inspection is a non-invasive, visual examination of the accessible areas and is not technically exhaustive. The Following items are specifically excluded from the inspection: Security Systems, water softening systems, telephone and T.V. Systems (both internet and cable based), Swimming Pools and Spas, underground or concealed pipes, timing systems, sewer lines, septic systems, central vacuum systems, electrical lines and circuits, central air conditioning when outside temperature is below 65 (F) degrees or 18 (C) Celsius, and any other conditions, item, system or component which by the nature of their location are concealed or otherwise difficult to inspect or which Inspector cannot visually examine. The inspection excludes defects such as cracking, leaking, surface discolorations, or landslides resulting from hidden defects, including but not limited to, paint, wall coverings, carpeting, flooring, paneling, lawn, and shrubs. The inspection excludes any assurance of a dry basement or crawl space or that double and triple pane glazing seals in windows are intact. Inspector examines a representative sample of components that are identical and numerous, such as electrical outlets, bricks, shingles, windows, etc., and does not examine every single one of these identical items, therefore, some detectable deficiencies may go unreported.
Outside of the Scope of Services: Inspector will not (i) conduct geological test; (ii) inspect inaccessible or concealed areas of the property; or (iii) enter or access dangerous areas of the property. Inspector will not (i) inspect for environmental concerns such as hazardous substances or gases, including but not limited to, Radon Gas, Asbestos, formaldehyde, and methamphetamine; (ii) inspect for pests such as wood destroying organisms, insects, and rodents; or (iii) inspect for fungus such as mold and mildew, unless Inspector is qualified to do so, and the Client specifically requests the service for an additional fee. Inspector will not dismantle any component or system. For example, full evaluation of the integrity of a heat exchanger requires dismantling of the furnace and is beyond the scope of a visual inspection. Inspector will not determine property boundary lines or encroachments.
Limitation of Liability- The Following Clause Limits the Liability of the Inspector-Please Read Carefully Inspector is neither responsible nor liable for the non-discovery of any patent or latent defects in materials, workmanship, or other conditions of the property, or any other problems which may occur or may become evident after the inspection time and date. The Client agrees and understands that the Inspector is not an insurer and is nor warranting or guaranteeing the adequacy, performance, or life expectancy of any structure, item, component, or system of the property. The Client further agrees that, if the Inspector or any of the inspector's agents, employees, subcontractors, officers, or shareholders are found liable for any loss or damage due to negligence or the failure to perform the Inspector's obligations in the agreement, including the improper or negligent performance of the inspection or the improper or negligent reporting of conditions of the property, THE INSPECTOR'S MAXIMUM LIABILITY SHALL BE LIMITED TO TWICE THE AMOUNT OF THE PAID INSPECTION FEE OF THIS CONTRACT. This limitation shall not apply to any damages specifically allowed by statute. This limitation of liability specifically covers liability for: damaged property, loss of use of the property, lost profits, consequential damages, special damages, incidental damages, governmental fines and charges, punitive damages, attorney's fees, and court costs. This limitation of liability shall not apply to any damages caused by the gross negligence of the Inspector that is not prepared for or addressed to that client.
Non-Reliance on Other Reports: 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 the Client.
Right to Examine: The Inspector shall have the right to examine the subject matter and area of any claim or potential claim against the Inspector arising therefrom and the right to offer a resolution prior to Clients 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 the Client has notified the Inspector of the complaint and made reasonable efforts to afford the Inspector an opportunity to complete such examination.
Dispute Resolution: Any Controversy or claim arising out of or relating to this agreement shall be resolved through small claims court (or similar court of limited monetary jurisdiction) in the jurisdiction applicable to this agreement. In the event that the amount in dispute exceeds the jurisdiction of the small claims court, the dispute shall be settled by binding arbitration administered by Construction Dispute Resolution Services, or if unavailable, Resolute Systems, before a single arbitrator using its Commercial Arbitration Rules. The Arbitrator shall have at least (3) three years of knowledge and experience in the home Inspection industry or similar knowledge and experience in construction. Each party agrees to pay its own cost of arbitration. Any party failing to follow the process described in this paragraph, shall be liable for all fees and costs associated with compelling or enforcing compliance with the provision of this paragraph.
Time To Initiate Action: Any action regarding or arising from the condition of the Property and the Inspection and/or the written report must be filed and initiated by the Client no later than ONE (1) YEAR after the Client discovers, or through the exercise of reasonable care, could have discovered, the conditions giving rise to the claim and in no event no later than TWO (2) YEARS after the date of inspection. Otherwise, the claim will be barred. If the matter is in arbitration, the arbitrator will be bound by the terms of this paragraph as a limitation on the arbitrator's ability to render an award in favor of the client.
Choice of Law: This agreement shall be interpreted using Colorado law regardless of where the agreement is executed and made.
Entire Agreement And Severability of Provisions: This Agreement and the document referred to herein constitutes the entire Agreement between the parties hereto, and supersede any and all prior representations, discussions, or agreements, whether written or oral. No amendment, change, or variance from this Agreement shall be binding on either party unless mutually agreed to, in writing, and signed by the parties hereto. If any provision of this agreement is held invalid or unenforceable by any arbitration panel or 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. This Agreement does not create, infer or contemplate any agreement between the client and Inline Home Inspections, LLC. For any purpose. Inspector is not an employee, agent, or representative of Inline Home Inspections, LLC. For any purpose.
No Warranties or Guarantees: The Inspection Report does not constitute a warranty, guarantee or insurance policy of any kind. For example, 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 Inspection Report is not an assessment nor is it an appraisal. Neither Inspector nor Inline Home Inspections, LLC. Is associated with any seller, buyer, contractor, lawyer, or realtor.
Inspection Report for Client Benefit: The Inspection Report is provided for the benefit of the client and may not be relied upon by any other person. Because the inspection process includes two components, a verbal survey and the inspection Report, the Inspection report is not transferable to third parties as it will not convey the entirety of information provided. The Inspection Report and any memoranda, information, pictures, or hyperlinks to any feature provided to the client pursuant to this agreement are not to be used, in whole or in part, or released to any other person or any public forum without Inspector's Prior written permission. Client hereby agrees to indemnify, defend and hold harmless Inspector and Inline Home Inspections, LLC. if, through the unauthorized distribution of the Inspection Report, any third party brings a claim against Inspector or Inline Home Inspection, LLC. Relating to the Inspection or Inspection Report.
Privacy Report: Any personal information that you provide to Inline Home Inspections, LLC. Or us is subject to our Privacy Policy. You can find the Privacy Policy Here- https://inlinehomeinspections.com/privacy-policy
You authorize us to distribute copies of the Inspection Report to your Real Estate Agent.
This Contract Contains A Binding Arbitration Provision Which May Be Enforced By The Parties.
I hereby authorize the inspection of this Property having read and understood this agreement:
By typing your name and initials in the boxs it will be considered a legal signature
