Visual Inspection Definitions and Limitations
1. The Client as identified above understands and agrees that this Agreement is a part of the Inspection Report and acceptance of or payment for the Inspection Report by the Client will confirm this agreement by First Choice Home Inspections “Inspector”, even if Client was not present at the inspection and/or has not signed this agreement.
2. The Client understands that the report and any information therein is intended for the sole and exclusive use of the Named Client in this contract and shall not be used in lieu of any required Transfer Disclosure Statements and shall not be disclosed to any person or persons other than the principals associated with this single transaction. The Client understands that the inspections is not a warranty, guarantee, insurance policy, or substitute for real estate transfer disclosures which may be required by law.
3. Nothing in the report, and no opinion of the Inspector, should be construed as advice to the Client to purchase, or not to purchase, the property. The purpose of the inspection is to identify and disclose to the client any major deficiencies and defects of the systems and components.
4. The Visual Inspection Service is performed in accordance with the Standards of Practice as published the American Society of Home Inspectors (ASHI). According to these standards, this inspection is intended to provide the Client with information regarding the condition of the systems and components of the home as inspected at the time of the home inspection. The specific systems and components of a building to be inspected are listed in these Standards of Practice. A copy of the ASHI standards is supplied to client with the inspection report and contract.
5. Any area which is not exposed to view, is concealed, or is inaccessible because of soil, walls or wall coverings, floors or floor coverings, ceilings, furnishings or any other reason or thing, is NOT included in this inspection. Client agrees to assume and release the inspector of all the risk for all conditions which are concealed from view at the time of the inspection.
6. The following are NOT included in the inspection: • Recalls or Callbacks of any kind and from any source. • Latent or concealed defects • Environmental hazards or conditions, including, but not limited to, toxic, reactive, combustible, or corrosive contaminants, wildfire, odors, noise, flood potential, electromagnetic fields, underground storage tanks, asbestos, radon gas, lead paint, urea formaldehyde, PCB’s, water or air quality, the proximity to toxic waste sites, or other environmental or health hazards • Structural, geological, soil or hydrological stability, survey, engineering, analysis or testing • Permit research or validation, code, installation or zoning violations • The examination of conditions related to animals, rodents, insects, wood destroying insects, organisms, mold and mildew, or the damage caused thereby • Radio controlled devices or low-voltage systems or relays • Security or intercom systems • Elevators, lifts or dumbwaiters • Thermostatic, time clock or photoelectric controls • Water softener or purifier systems • Furnace heat exchangers, solar heating systems and freestanding appliances • Window coverings • The examination or operation of any sewage disposal system or component including, but not limited to, septic tanks, cesspools, and/or any underground system or portion thereof, or ejector pumps for rain or waste • Landscape or farm irrigation systems • The condition and/or irrigation of trees, shrubs or vegetation of any kind • Any item which is hidden from view or impractical to test • Any system or component not listed in the Standards of Practice of the American Society of Home Inspectors as an observation requirement • Any system or component, condition, or application noted in the report as not inspected, not determined, or not reported on
7. It is agreed that pool(s) and/or spa(s) will be observed. The following sets forth the limitations of the pool and/or spa observation: Without disassembly the inspector will observe the enclosure and/or related gates, alarms, the hardscaping and drainage related to the inspected pool or spa, the condition of visible portions of systems, structures, or components, the normally necessary and present equipment such as lights, pumps, heaters, filters, and related mechanical and electrical connections. The inspector will note any conditions limiting or otherwise inhibiting the inspection. The inspector is not required to determine structural integrity or leakage of any kind, evaluate thermostat(s) or their calibration, heating elements, chemical dispensers, water chemistry or conditioning devices, low voltage or computer controls, timers, sweeps or cleaners, pool or spa covers and related components. The inspector does not operate or evaluate filter backwash systems. Unless expressly agreed upon, the inspector is not required to examine any above-ground, movable, freestanding or otherwise non-permanently installed pool or spa, or self-contained equipment or to come into contact with pool or spa water to examine the system, structure, or components or to determine adequacy of spa jet water force or bubble effect.
8. The Inspection Report utilizes narratives corresponding to items listed on report pages. You must read the narratives to have read the entire report. The Client agrees to read the entire report. The Client agrees to immediately contact the Inspection Company for copies of any pages found to be missing from any part of the report.
9. The report, is the professional opinion of the Inspector, based on the accessibility of the certain fixed components surveyed. Without dismantling parts of the building and/or its components, and without full use of all utilities, the Inspector may extrapolate conclusions which cannot be confirmed during the inspection.
10. The Inspection Company does not offer any warranty or insurance for the Client or any other person in connection with the Inspection Report. THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, OF THE INSPECTION SERVICE OR INSPECTION REPORT. This is also no guarantee or warranty, expressed or implied, for the condition or operation of any system or item inspected or not mentioned in this inspection report.
11. The Client agrees to submit to the Inspection Company, in written form, any claims or complaints prior to taking any action thereupon. Any legal action or proceeding of any kind, whether sounding in tort or contract, against the Inspector/Inspection Company or its officers, agents, or employees, must be brought within 90 Days from the date of the inspection or will be deemed waived and forever barred.
12. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation 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 under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Resolute Systems, LLC. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment of the Award may be entered in any Court of competent jurisdiction.
13. To the extent allowed by law, it is understood and agreed by and between the parties hereto that the Inspector/Inspection Company is not an insurer, that the payment for the subject inspection is based solely on the value of the service provided by the Inspector/Inspection Company in the performance of its limited visual inspection and production of a written inspection report as described herein, that it is impracticable and extremely difficult to fix the actual damages, if any, which may result from a failure to perform such services, and a resulting loss that the Inspector/Inspection Company’s and its officers,’ agents,’ or employees’ liability hereunder shall be limited and fixed in an amount up to or equal to one hundred fifty percent (150%) of the inspection fee, as liquidated damages, and not as penalty, and this liability shall be exclusive.
14. Neither the inspector, nor his company, agents, principals or employees shall be liable for any repairs or replacement of any component, system, structure or the property or the contents therein, either during or after the inspection.
15. Review Recommendations: Customer agrees and understands that, for the purposes of this inspection, the Inspector is acting as a State of Virginia Licensed Home Inspector pursuant to the laws of the State of Virginia and not as a professional engineer, plumber, electrician, HVAC Tech, roofer, or other specialized contractor. Any recommendations by the inspector to the customer to engage the services of any of the above referenced professional contractors or engineer for the purposes of the subject property, shall relieve the inspector for any liability to the customer for the inspection and report of those components, systems or structure.
16. Attorney Fees: In the event that a customer files a suit or institutes arbitration proceedings in civil court alleging claims arising out of this agreement or the services performed here under. The customer agrees to pay to the inspector all cost, expenses, and attorneys’ fees incurred by the inspector, his agents, employees, insurer in defense of such a suit.
17. The Inspector reserves the right to amend, modify or update the inspection report to further explain and /or clarify information and findings in the report for up to 72 hours after the inspection.
18. The Inspector has the right to prohibit audio and video recordings of the inspection.
19. The Inspector has the right to stop the inspection at any time for cause. Any fee paid may be prorated for return at the discretion of the Inspector.
20. Severability: Client & Inspector agree that if a court of competent jurisdiction determines that a portion of this agreement is void or unenforceable the remaining provisions shall remain in full force and effect.
21. If the Inspector shows up for a scheduled inspection and for any reason beyond his control, the inspector cannot complete the home inspection, the full inspection fee shall still be billed and payable. 22. This report is for the sole and exclusive use of the client for whom it was exclusively prepared. Neither the Inspector nor the inspection company shall have any liability whatsoever to any third party using or relying on its contents. Client agrees to defend, indemnify and hold the Inspector and the inspection company harmless from any claims resulting from another person relying on the report.
15. Review Recommendations: Customer agrees and understands that, for the purposes of this inspection, the Inspector is acting as a State of Virginia Licensed Home Inspector pursuant to the laws of the State of Virginia and not as a professional engineer, plumber, electrician, HVAC Tech, roofer, or other specialized contractor. Any recommendations by the inspector to the customer to engage the services of any of the above referenced professional contractors or engineer for the purposes of the subject property, shall relieve the inspector for any liability to the customer for the inspection and report of those components, systems or structure.
16. Attorney Fees: In the event that a customer files a suit or institutes arbitration proceedings in civil court alleging claims arising out of this agreement or the services performed here under. The customer agrees to pay to the inspector all cost, expenses, and attorneys’ fees incurred by the inspector, his agents, employees, insurer in defense of such a suit.
17. The Inspector reserves the right to amend, modify or update the inspection report to further explain and /or clarify information and findings in the report for up to 72 hours after the inspection.
18. The Inspector has the right to prohibit audio and video recordings of the inspection.
19. The Inspector has the right to stop the inspection at any time for cause. Any fee paid may be prorated for return at the discretion of the Inspector.
20. Severability: Client & Inspector agree that if a court of competent jurisdiction determines that a portion of this agreement is void or unenforceable the remaining provisions shall remain in full force and effect.
21. If the Inspector shows up for a scheduled inspection and for any reason beyond his control, the inspector cannot complete the home inspection, the full inspection fee shall still be billed and payable.
22. This report is for the sole and exclusive use of the client for whom it was exclusively prepared. Neither the Inspector nor the inspection company shall have any liability whatsoever to any third party using or relying on its contents. Client agrees to defend, indemnify and hold the Inspector and the inspection company harmless from any claims resulting from another person relying on the report.