Client(s): _________________ Property address:________________
Inspection Date:____________
AGREEMENT FOR HOME INSPECTION
The Client agrees to retain COMPASS HOME INSPECTIONS L.L.C. to provide a home inspection as set forth below and in accordance with the Standards of Practice of the American Society of Home Inspectors, Inc. (ASHI), a copy of which is available upon request or can be got on line at www.ashi.org.
The Client agrees to pay to COMPASS HOME INSPECTIONS L.L.C., at or before the time of the inspection, a fee in the amount of $___________.
For inspections not paid on site there will be an additional billing
fee of $100.00. Billing not to exceed 90 days. There will be an extra
charge for any detached buildings or any separate living quarters if an
inspection of these areas is desired. The prices will be quoted on
site.
The inspection and Report are performed and prepared for the sole, confidential and exclusive use and possession of the Client and as such are not to be relied on by third parties or subsequent purchasers. COMPASS HOME INSPECTIONS L.L.C. assumes no responsibility or liability to any third parties in connection with the inspection or Report. The Report is non-transferable. Any particular concern of the Client within the scope of this agreement must be brought to the attention of COMPASS HOME INSPECTIONS L.L.C. before the inspection begins. Client is requested to inform COMPASS HOME INSPECTIONS L.L.C. prior to the inspection of any areas or conditions of particular concern about the property or of which Client has information. COMPASS HOME INSPECTIONS L.L.C. strongly encourages the Client's attendance at the inspection and by failing to attend loses the opportunity to learn important information from COMPASS HOME INSPECTIONS L.L.C. about the condition of the property.
REPORT
COMPASS HOME
INSPECTIONS L.L.C. agrees to provide a written Report indicating which
items were inspected, which items are in need of further evaluation,
immediate repair or are not performing the function for which they are
intended. The Report will describe and identify the inspected systems,
structures, or components of the property, any significantly deficient
defects identified, and any recommendations regarding the conditions
observed or recommendations for evaluation by appropriate persons, some
of which may identify additional defects that may affect your
evaluation of the property. Clients understand by promptly following up
with appropriate qualified licensed contractors or other professionals
as to all recommendations contained in the Report prior to the close of
escrow they may learn of additional defects that may affect their
evaluation of the property. Style or aesthetics shall not be considered
in determining whether a system, structure, or component is defective.
SCOPE OF INSPECTION
The
scope of the inspection is strictly limited as set forth in this
Agreement. The inspection is intended to be a non-destructive
examination of the general functions of the building, its components
and equipment. The inspection is visual only and the purpose of the
inspection and written Report is to indicate whether a readily
accessible item, component or system, which is identified on the
written Report, is reasonably operating or functioning adequately at
the time of the inspection only. The inspection and Report only
includes those items and systems expressly identified in the provided
inspection report.
The inspection and report is limited
to a reasonable visual inspection of those areas of the premises that
are readily accessible and exposed to view. It is the responsibility of
the Client that the building, its components and equipment, are readily
accessible at the time of the inspection. COMPASS HOME INSPECTIONS
L.L.C. or its Inspectors are not required to change light bulbs, light
pilots, move personal property, debris, furniture, appliances,
obstructions, or floor coverings, or remove panels to inspect any part
of the building or its equipment or which may impede access or limit
visibility.
Common areas, or systems, structures, or components there of, including, but not limited to, those of a common interest development as defined in California Civil Code section 1351. et seq. do not fall within the scope of this inspection and were not inspected. The inspection and Report do not include, nor should they imply a review of compliance or noncompliance with any code, regulation, law, statute, or ordinance whether governmental or otherwise, unless such observations are specifically referred to in the Report.
SPECIFIC LIMITATIONS
COMPASS
HOME INSPECTIONS L.L.C. and its Inspectors will make no engineering,
scientific or specialized technician test or evaluation. COMPASS HOME
INSPECTIONS L.L.C. and its Inspectors are not licensed architects,
civil engineers, structural engineers, drainage engineers, soils
engineers, land surveyors, real estate agents, brokers or attorneys.
This inspection is not intended to
be technically exhaustive nor is it considered to be a guarantee or
warranty, expressed or implied, regarding the conditions or future life
of the property, items and systems inspected and it should not be
relied on as such. Further, the inspection and Report are not intended
to be used to place a value of the property, items or systems
inspected. Neither COMPASS HOME INSPECTIONS L.L.C. nor its inspectors
shall be held responsible or liable for any repairs or replacements
with regard to this property, systems, components, or contents therein.
COMPASS HOME INSPECTIONS L.L.C. is neither a guarantor nor insurer.
Systems and conditions which are not within the scope of the building inspection or Report include, but are not limited to: formaldehyde, radon gas, lead paint, asbestos, toxic or flammable materials, soil contamination, other environmental hazards, including but not limited to mildew, fungus, mold and all such substances; recreational equipment; concealed or underground electric or plumbing; systems which are shut down or otherwise secured; private sewer systems; water wells; heating systems accessories; solar heating, or solar electric systems; zoning or other ordinances; or building codes conformity. The Client understands that these systems and conditions and information about them are excluded from this Inspection and Report. In addition, the presence or absence of rodents, termites and other insects are also not covered by this inspection. Any general comments that may appear about these systems and conditions are provided as a courtesy only and do not represent or form a part of the inspection. Client agrees to refrain from using any of the inspector's tools, including but not limited to ladders, electrical test equipment or computers. Doing so will be at Client's own risk and Client will be responsible for any damage or injury that may occur to the property, the inspector's property, themselves or to others.
MEDIATION AND ARBITRATION
If
any dispute, controversy or claim arises out of this Agreement, or the
breach thereof, and if the dispute cannot be settled through
negotiation, the parties agree first to try in good faith to settle the
dispute by mediation administered by the American Arbitration
Association under its Construction Industry Mediation Procedures.
However, if mediation is unsuccessful, the parties shall agree to
binding arbitration, which includes waiver of a jury trial, conducted
in accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association, and judgment on the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction.
ACKNOWLEDGMENT
If
any portion of this agreement is found invalid or unenforceable by any
court or qualified jurisdiction, the remaining provisions shall remain
in force between the parties. If any party to this Agreement resorts to
legal action to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover reasonable attorneys'
fees in addition to any other relief to which he or she may be
entitled. Client acknowledges that he/she has read this agreement in
full prior to signing same and understands all terms and conditions
herein.