For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CLIENT NAME ADDRESS (hereinafter “Client” and property address to be inspected) and Detailed Home Inspections, (hereinafter “Inspector”) agree as follows:
- INSPECTOR agrees to perform a limited, non-invasive visual inspection of the home/building and to provide CLIENT with a written inspection report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller’s disclosure.
- The inspection will be conducted under Standards of Practice (“SOP”) promulgated by the American Society of Home Inspectors (“ASHI”). A copy of the ASHI SOP can be found at www.ashi.org or at this link: https://www.homeinspector.org/Resources/Standard-of-Practice. A copy will also be provided in the Inspection Report.
- The inspection and report are performed and prepared for the use of the CLIENT, who gives the INSPECTOR permission to discuss observations and share report with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. INSPECTOR’S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement. The written report controls over any verbal communication between INSPECTOR(S) and CLIENT.
- Additional inspections/tests beyond the scope of the ASHI standard, for additional fee, shall be noted below. WDI Inspection and Radon Testing are limited and governed by Ohio law. Well Water Potability and Flow Rate Test does not determine if the well casing is cracked or any other non visible component of the well is defective. Sanitary Sewer Line camera inspections are limited in scope and do not convey a gaurantee or warranty against future back ups, root intrusion, or line damage. Sub contracted septic inspections are performed by another company – Detailed Home Inspections is not responsible for the inspection and reporting results and does not convey a gaurantee or warranty against future problems with the septic system and the inspection and reporting results should not be construed as a substitute for county inspections and suitability for ongoing use. Not-elevated Mold Spore testing results do not gaurantee the home has or will continue to have low levels of mold since air borne mold spores can vary from day to day and season to season due to many variables.
- INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, or subcontractors for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. Future Basement or Crawl Space flooding or sewer back up is impossible to predict and is not part of this inspection.
- Any claim arising out of or related to any act or omission of the Inspector in connection with the inspection of the property shall be made in writing and reported to the Inspector within seven (7) business days of discovery and to allow Inspector a reasonable opportunity to re-inspect the issue giving rise to the claim before undertaking any repairs. Client agrees that a failure to comply with the terms of this paragraph shall constitute a waiver of such claim. 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 the INSPECTOR has its principal place of business.
- If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement constitutes the entire agreement of the parties with respect to the subject matter thereof, and supersedes all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by all parties and shall be construed and enforced in accordance with the laws of the State of Ohio.
- This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective spouses, heirs and successors. 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 and inspection report shall be commenced within one year of the date of the inspection, without regard to the date the breach is discovered. Any action not brought within that one-year time period shall be barred, without regard to any other limitations period set forth by law or statute.
- Payment of the fee to INSPECTOR is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
- Hold Harmless Agreement: CLIENT agrees to hold any and all real estate agents or referring parties involved in the purchase of the 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.
- The parties acknowledge that each of them has had ample opportunity for their own counsel to participate in negotiating and drafting this Agreement. Therefore, no rule of construction shall apply to this Agreement that construes ambiguous or unclear language in favor of or against any party. The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Description of Job(s):
CLIENT HAS CAREFULLY READ THE FOREGOING AND ACCEPTS THE TERMS AND CONDITIONS ABOVE. By checking this box below, I hereby electronically sign and accept the terms and conditions of this agreement: