DHI Commercial Building Inspection Agreement

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Buyer (hereinafter “Client”) and Detailed Home Inspections, (hereinafter “Inspector”) agree as follows:    

1. INSPECTOR agrees to perform a limited, non-invasive visual inspection of the following building systems and components considered by the inspector to be centrally accessible:  Roof, Exterior, Foundation, Basement, Plumbing, Electrical, and Heating components.  INSPECTOR agrees to provide CLIENT with a written inspection report identifying concerns that INSPECTOR both observed and deemed material that may add to the costs associated with the maintenance and occupancy of the building.  This is not a building code, fire code, occupancy code, insurance, or fitness for intended use inspection.  The inspection report is only supplementary to the seller’s disclosure.

2. The inspection and report are performed and prepared for the use of the CLIENT, who gives the INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, 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.  

3.  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.

4. 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.  

5. 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.  

6. 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.

7. 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.  

8.  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.  

9. 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.

10. The following limitations and non-invasive procedures beyond those identified in the report shall apply:
The inspector does not:
A. Test smoke and carbon monoxide alarms, security systems, and other signaling and warning devices.  
B. Measure water supply flow, pressure, or quality.  
C. Inspect window or through the wall cooling units.
D. Disturb insulation.
E.  Identify and report concealed conditions and/or latent defects.  
F. Perform procedures or operations that may be dangerous to the inspector or to other persons or damage the property and its systems or components.  
G. Move personal property, furniture, equipment, plants, soil, snow, ice, and debris.  
H. Operate all windows and doors.
I.  Test all electrical outlets, light fixtures, or light switches.
J.  Inspect or enter all individual residential rooms/units.
K. Test all individual plumbing fixtures.
L.  Open large high voltage electrical service panels or inspect 3 phase electrical systems.
M. Enter areas considered non-accessible by the Inspector.
N. Open mechanical, HVAC, or electrical components deemed not readily accessible or safe to open by the Inspector.

The Inspector does not inspect:
A. Fences, boundary walls, and similar structures.  
B. Seawalls, break‐walls, and docks.  
C. Erosion control and earth stabilization measures.
D. Interiors of vent systems, flues, and chimneys.  
E. Heat exchangers or fuel storage devices.  
F. Appliances other than accessible furnaces and water heating equipment.  
G. Wells, well pumps, and water storage related equipment.  
H. Water conditioning systems.  
I.  Manual and automatic fire extinguishing systems, exterior sprinkler systems and landscape irrigation systems.
J.  Septic and other sewage disposal systems.
K. Underground items including, but not limited to, underground storage tanks and other
underground indications of their presence, whether abandoned or active.  
L. HVAC condensate drain pumps are not inspected.
M. Elevators.
N. Mechanical or manually operated window blinds.
O. Mechanical dock levelers.
P. Central cooling towers and/or chillers.
Q. Trash compacting systems.
R. Overhead crane systems.
S.  Permanent or portable factory equipment and machinery.
T.  Ceiling mounted heating systems.

U.  Restaurant cooking equipment, freezers, refrigerators, cooking exhaust systems, etc.
The inspector does not determine:
A. Whether water supply and sewage disposal are public or private.  
B. Water quality.  
C.  Heat supply adequacy and distribution balance.  
D.  The condition of systems and components that are not readily accessible.  
E.  The remaining life expectancy of systems and components.  
F.  The strength, adequacy, effectiveness, and efficiency of systems and components.  
G.  The adequacy of the electrical power supply.  
H.  Presence and adequacy of insulation.  
I.  Future conditions including but not limited to failure of systems and components.  
J.  The suitability of the property for specialized or intended uses.  
K.  Compliance of systems and components with past and present requirements and guidelines
(codes, regulations, laws, ordinances, specifications, installation and maintenance instructions, use
and care guides, etc.).
L.  The advisability of purchasing the property.  
M.  The presence of environmental or health hazards including, but not limited to mold, allergens, toxins,
carcinogens, lead based paint or other lead contaminants, Chinese drywall, electromagnetic radiation, noise, radioactive substances, and contaminants in building materials, soil, water, and air.  
N.  Whether items, materials, appliances, conditions and components are subject to recall, controversy,
litigation, product liability, and other adverse claims and conditions.
O.  The adequacy, serviceability, and integrity of all storm and sanitary drains to the city sewer or private septic.
The inspector does not operate:
A.  Systems and components that do not respond to normal operating controls.  
B.  Shut‐off valves and manual stop valves.  
The inspector does not enter:
A.  Areas that will, in the professional judgment of the inspector, likely be dangerous to the inspector
or to other persons, or to damage the property or its systems and components.