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Inspection
Agreement
(PLEASE READ CAREFULLY)
In consideration of the payment of
the inspection fee set forth below, Superior Home Inspections ( hereinafter “Superior“) agrees to conduct an inspection
and prepare a written Inspection Report ( hereinafter “Report”) to alert the Customer of any major deficiencies
in the property’s condition in the following areas: structural condition, electrical, plumbing, hot water heater, heating
and air conditioning; quality, condition and life expectancy of major systems and appliances; basement, including water problems;
Kitchen and appliances; general interior, including ceilings, walls, floors, insulation and ventilation, general exterior,
including roof, gutter, chimney; drainage and grading of lot. Superior performs the inspection and prepares the Report for
the sole, confidential and exclusive use and possession of the CUSTOMER. The Report is only supplementary to the seller's
disclosure.
Customer understands and agrees that the inspection will be of the readily accessible
areas of the property and is limited to visual observations of apparent conditions existing at the time of the inspection
only. Excluded from the inspection are the latent and concealed defects and deficiencies. Equipment, systems or other items
will not be dismantled during the inspection.
Superior will perform the inspection in accordance
to the current Standards of Practice of the National Association of Certified Home Inspectors, (NACHI); which are incorporated
herein by reference. A copy of these standards is on file at Superior’s office,website, and posted at http://www.nachi.org/sop.htm .Customer understands that these standards contain certain limitations, exceptions, and exclusions.
The inspection will be completed at the location designated on the Inspection Conditions page of the report. All inspection
information will be conveyed to the customer or customer’s representative in the Report. Superior accepts no responsibility
for the use or misrepresentation by third parties of the inspection or the Report.
Maintenance
and other items may be discussed, but they are not part of the inspection. The inspection is not a compliance inspection of
certification for past or present government codes or regulations of any kind.
The inspection
and Report do not address and are not intended to address the possible presence of, or danger from any potentially harmful
substances and environmental hazards including, but not limited to: mold in air and carpet, radon gas, lead in paint, lead
in water, asbestos, urea formaldehyde, and toxic or flammable chemicals. Also excluded are inspections of and reports concerning
swimming pools, wells, septic systems, central vacuum systems, water softeners or sprinkler systems, and the presence or absence
of rodents, termites, or other insects.
If the Customer believes that the inspection or report
are deficient or inaccurate, then Superior reserves the right to re-inspect visually the alleged deficiency and inaccuracies
before the customer takes any step to remedy same. Within fourteen (14) days of the inspection, Customer shall give written
notice of the alleged deficiency to Superior and access to the premises. The notice shall state the alleged deficiency and
the grounds or basis for the allegations that the deficiency exists.Failure to comply with the above conditions will release
Superior and its agents from any and all obligations or liability of any kind.
The parties agree
that Superior assume no liability or responsibility for the cost of repairing or replacing any unreported defects or deficiencies
that are either current or arising in the future, or for any property damage, consequential damage or bodily injury of any
nature. THE INSPECTION AND REPORT ARE NOT INTENDED TO BE USED AS A GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING
THE ADEQUACY, PERFORMANCE OR CONDITION OF ANY INSPECTION STRUCTURE, ITEM OR SYSTEM.
Customer
understands and agrees that if Superior is found liable for any loss or damage resulting from a failure to perform any of
the obligations under this agreement including but not limited to, negligence, breach of contract, or otherwise, then the
liability of Superior shall be limited to the amount of the inspection fee paid by the Customer.
Resolution of Disputes by Arbitration - If after the proper notice by Customer, Superior has re-inspected, evaluated and addressed
any alleged deficiencies in the performance of the inspection or preparation of the Report; and if the parties cannot reach
an amicable resolution to same, then both parties agree that the subject matter of the dispute shall be submitted to binding
arbitration subject the rules of American Arbitration Association. The term dispute includes any dispute as to the deficiency
of the inspection, report, or any other duty of either party arising under this agreement. Furthermore, the parties agree
that each shall pay their own attorney fees and shall share equally in the cost of arbitration.
The parties agree that any litigation arising out of this agreement shall be filed only in the court having jurisdiction in
the County in which Superior has its principal place of business. In the event Customer fails to prove any adverse claims
against Superior in a court of law, Customer agrees to pay all legal costs, expenses and fees of Superior in defending said
claims. Customer agrees to have no cause of action and waives all claims against Superior after one year from the date of
inspection.
Superior reserves the right to charge a cancelation fee of $150.00 for the inspection
scheduled if cancelled LESS THAN 36 HOURS before the scheduled inspection start time by Client.
A late fee of 1.5% per month added to invoices over 10 days past due. Client agrees to pay all legal fees and time expenses
related to collection of all unpaid inspections.
Superior may have an affiliation with third-party
service providers (Brinks Home Security) in order to offer value-added services to its Customer. By signing this agreement
the customer authorizes Brinks Home Security to call and discuss a special alarm offer.
If any
court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect.This
Pre-Inspection Agreement represents the entire agreement between the parties and incorporates by reference above referenced
Cover Sheet, and the Standards and Practice of (NACHI). Changes or modifications to this agreement shall be in writing and
signed by the parties. This agreement shall inure to the benefit only of the parties signing this agreement, and shall not
inure to the benefit of any successor of assign of either party.
Acceptance and understanding of this agreement are hereby
acknowledged on this _____ day of _________, in the year ____.
By: ________________, Superior Home Inspections
By: ________________, Customer
TOTAL FEE: _______
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