Please read the full Inspection Agreement below the form if you do not intend to be at the inspection. If you are attending, the agreement may be signed then. All fees are due prior to release of the report. If you are not attending, please contact me so we can make arrangements.
This Inspection Agreement contains the terms and conditions of your (the “Client”) contract with Safe@Home Inspection, LLC. for a visual inspection of the property at the above address.
All fees are due at or before the time of inspection unless otherwise authorized by the Inspector. Home inspection reports cannot be released until payment is made in full. Payment may be made by cash, or check. Payment of the inspection fee constitutes acceptance of the Agreement.
This agreement contains limitations on the scope of the Inspection, remedies and liability. By signing below, Client represents and warrants that Client has secured all approvals necessary for Safe@Home Inspection, LLC. to gain access to and conduct the Inspection of the Property. Paul Duffau, of Safe@Home Inspection, LLC. , herein after known as the “Inspector”, agrees to conduct an Inspection according to the "Standards of Practice" of the State of Washington for the purpose of informing the Client of major deficiencies in the condition of the Property mentioned in this contract.
Client warrants they will read the entire Inspection Report when received and promptly call the Inspector with any questions or concerns about its content. The Client agrees that they will act appropriately upon the recommendations for the report. The Inspection and Report are performed and prepared for the sole, confidential and exclusive use of the Client. The report is the property of the Inspector and Client and shall not be transferred to any other person or company without the Client’s written consent. Client agrees to indemnify, defend and hold harmless Inspector from any third party use, misinterpretation or claims relating to Client’s Inspection or Inspection Report.
PURPOSE: The purpose of this Inspection is to identify and disclose visually observable major deficiencies of the inspected systems. Safe@ Home Inspections, LLC will provide a Report that will include comments based on observations of the visible and accessible parts of the following only: foundation, structural components, fenestration, electrical, heating and air conditioning, roof covering, chimneys, plumbing, domestic hot water, general interior conditions, and general exterior conditions. The Report will be delivered to the client by electronic media within 24 hours of the inspection. The information stated in the Report is valid to the best of the Inspector's knowledge at the time of the inspection only. Any damage to the property or failure of its components is not the responsibility of the Inspector. Any area which is not exposed to view or is concealed, or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings, or any other item is not included in this Inspection. The Inspection does not include any destructive testing, probing or dismantling of any kind. Client agrees to assume all risk for all conditions which are concealed or inaccessible at the time of Inspection.
This Inspection is not intended to be technically exhaustive nor is it considered to be a “Warranty or Guarantee” expressed or implied regarding the condition of the Property, systems and components. It should not be relied on as such. Maintenance and cosmetic issues may be discussed, but they are not a part of the inspection and report. The Inspector shall not be held responsible or liable for any repairs or replacements with regard to this property, systems or components and contents therein. Safe@Home Inspection, LLC. is not a Guarantor, nor Insurer.
EXCLUSIONS: The Inspection and Report do not address, nor are they intended to address the following: building code; building ordinances; zoning compliance or violations; component life expectancy or adequacy or efficiency of any system or component; underground piping; saunas; steam baths; pool/spas or fixtures or equipment; water purification or filtration systems; solar heating; furnace heat exchangers; security systems; geological stability or engineering analysis; building value, Appraisal or cost estimates; any adverse condition that may affect the desirability or the property including but not limited to proximity to railroad tracks or airplane routes, boundaries, easements or rights of way, adjoining properties or neighborhoods.
ENVIRONMENTAL AND HEALTH ISSUES: The Client specifically acknowledges that a Home Inspection is not an Environmental Survey and is not intended to detect, identify, disclose or report on the presence of any actual or potential environmental concerns or hazards in the air, water, soil or building materials. Such environmental concerns and hazards include but are not limited to asbestos, radon, lead, urea formaldehyde, mold mildew, fungus, odors, noise, toxic or flammable chemicals, water or air quality, PCBs or other toxins, electro-magnetic fields, underground storage tanks, proximity to toxic waste sites, carbon monoxide and Chinese drywall .
INSPECTION PROBE RELATED DAMAGES: During the inspection, the inspector will perform careful probing of some surfaces where rot decay is typically found in an attempt to discover wood rot decay which may not otherwise be detected by a visual examination alone. These areas include, but are not limited to exterior siding and trim. The inspector will use utmost care and discretion in probing so as to not cause unnecessary damage. However, some incidental damage to finished surfaces may occur, particularly if hidden decay is present. Client agrees to hold the inspector harmless for any damages to the structure which may occur during such probing. Should client not wish the inspector to utilize probing during the inspection, the exterior structure shall be excluded in its entirety and no comment can be made about its condition or the presence of any wood rot decay.
HOLD HARMLESS AGREEMENT: Client agrees to hold any and all Real Estate Agents or Brokers, Lending Institutions, Relocation company and/or Real Estate Attorneys and their employees involved in the purchase or sale of this property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the Inspector or his employees or visitors or of independent contractors engaged or paid by Inspector for the purpose of inspecting the subject home.
PRESUMPTION: If no legal action or proceeding of any kind, including those sounding in tort or contract, are commenced against the inspector/inspection company within one (1) year after the date of this inspection, it is presumed that no act of negligence or breach of contract has arisen. Time is expressly of the essence herein. This time period is shorter that otherwise provided by law. This agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns.
NOTICE OF CLAIMS: Client understands and agrees that any claim for failure to accurately report the visually discernable conditions at the subject property, as limited herein above, shall be made in writing and reported to the Inspector within ten (10) days of discovery. Client further agrees that with the exception of emergency conditions, the Client, Client's agent or independent contractor will make no alterations or repairs to the claimed discrepancy prior to a re-inspection by the Inspector. Client agrees and understands that any failure to notify the Inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.
LIMITS OF LIABILITY: It is understood and agreed by and between the parties hereto that Inspector is not an insurer, that the payment for the subject Inspection is based solely on the value of the service provided by Inspector in the performance of a limited visual inspection of the general condition of the structure’s systems and components and production of a written Inspection Report, that because of the limited nature of this Inspection the Inspection cannot be expected to uncover all defects or deficiencies within the structure and that it is impracticable and extremely difficult to repair the actual damages, if any, which may result from a failure to perform such services. Thus, Client and Inspector agree that in the event Inspector breaches his obligation or duty to perform such service and Client is thereby damaged, then the liability of Inspector (including principles, agents, and employees) shall be limited to a sum twice the Inspection Fee paid by the Client. This liability limitation is binding on the Client and Client’s spouses, heirs or representative. Client assumes the risk of all losses greater than double the cost of the Inspection Fee. Client agrees to immediately accept a refund double the Inspection Fee paid as full settlement of any and all claims which may ever arise from this Inspection. No oral agreements, understandings or representations shall change, modify or amend any part of this Agreement.
ARBITRATION: Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation or any other theory of liability 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 to final and binding arbitration conducted pursuant to the Construction Industry Arbitration Rules as set out by the American Arbitration Association.. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any Court of competent jurisdiction.
GOVERNING LAW & SEVERABILITY: This Agreement shall be governed by the laws of the State of Washington. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between the parties.
Safe@Home Inspections, LLC will not release inspection reports to anyone other than the Client without Client’s written consent. By signing, the Client authorizes Safe@Home Inspections, LLC to release the original and/or a copy of the inspection report to the Client’s Realtor. Client has read, understands and agrees to all the terms and conditions of this contract and agrees to pay the above listed fees.