Fee: You agree to pay the fee stated above. This amount shall be paid in full prior to the completion of the Services. Should you fail to timely pay the agreed upon fee(s), you shall be responible for paying any and all fees associated with collection, including but no limited to administration costs, attorney fees and cost of litigation.
1. Client requests a limited visual inspection of the residential structure identified at the above address by Access Home Inspection LLC, there in after collectively referred as the "Company" and Client hereby represents and warrants that all approvals necessary have ben secured for Company's entrance on to the property.
2. Client warrants: (a) they have read the following Agreement carefully, (b) they understand they are bound by all the terms of this contract, and (c) they will read the entire inspection report when received and promptly call Company with any questions they may have.
3. Client understands that the inspection and inspection report are performed and prepared for their sole, confidential and exclusive use. Client agrees that they will not transfer or disclose any part of the inspection report to any other person with these exceptions ONLY: (a) one copy may be provided to the current seller(s ) of the property but only upon the express condition that the seller(s) covenant to use the inspection report only in connection with Client's transaction, and agree not to transfer or disclose the report to any persons other than their real estate agent, and (b) one copy may be provided to the real estate agent representing Client and/or a bank or other lender for use in Client's transaction only. Client agrees to indemnify, defend and hold harmless Company from any third party claims relating to this inspection or inspection report.
4. Company agrees to perform a limited visual inspection of the residential structure at the above address and to provide Client with a written opinion as to the apparent general condition of the structure's components and systems, including identification of significant observable deficiencies as they exist at the time of inspection and is not technically exhaustive. The inspection will be performed in a manner consistent with the standards of the New Jersey Home Inspection Advisory Committee. A copy of these Standards can be viewed or printed from our website or the NJHIAC website.
5. The inspection only includes those systems and components expressly and specifically identified in the inspection report. Any area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing or any other things, or those areas/items which have been excluded by the New Jersey Advisory Committee standards and/or by agreement of the parties is not included in this inspection. The inspection does not include any destructive testing or dismantling.
Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection or exist in any area excluded from inspection by the terms of this agreement. Maintenance and other items may be discussed but will NOT form a part of the inspection report. The following areas/items, systems and components are among those NOT included in the inspection:
Code or zoning violations, Systems or component installation, Permit research,Structural, geological, soil, wave action or hydrological stability, survey, engineering, analysis or testing, Termites or other wood destroying insects, rodents or other pests, dry-rot or fungus, Latent or concealed defects, Asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals, water or air quality, PCB's or other toxins, electromagnetic fields, underground storage tanks, proximity to toxic waste sites or other environmental or health hazards, Private water or sewage systems, Pools, spas, hot tubs, saunas, steam baths, fountains or other types of or related s systems and components, Repair cost estimates, Building value appraisal, Radio controlled devices, Automatic gates, Elevators, lifts, dumbwaiters, Thermostatic or time clock controls, Water softener or purifiers, Radiant heat systems, Furnace heat exchanger, Solar heating systems, Gas appliances such as fire pits, barbecues, heaters and lamps. Main gas shut off valve. Any gas leaks., Odors or noise, Seismic safety, Freestanding appliances, Security or fire safety systems, Personal property, Any adverse condition that may affect the desirability of the property, Proximity to railroad tracks or airplane routes, Boundaries, easements or rights of way, Unique/technically complex systems or components, System or component life expectancy, Adequacy or efficiency of any system or component, Items specifically noted as excluded in the inspection report
6. Mold exclusion: Access Home Inspection is not responsible for discovering or reporting on the presence or absence or mold or mildew. Furthermore, we are not responsible for any damages that arise from or related to mold or mildew, even if the mold or mildew is a direct consequence of a condition upon which Access Home Inspection is required to report as set forth in this agreement.
7. Client understands that the inspection and inspection report do not constitute a guarantee or warranty of merchantability or fitness for a particular purpose, expressed or implied, or insurance policy, nor is it a substitute for real estate transfer disclosures which may be required by law.
8. The written report to be prepared by Company shall be considered the final and exclusive findings of Company of the structure. Client understands and agrees they will not rely on any oral statements made by the Inspector prior to the assurance of the written report. Client further understands and agrees Company reserves the right to modify the inspection report for a period of time that shall not exceed forty eight (48) hours after the inspection report has first been delivered to Client.
9. Client understands and agrees that any claim arising out of or related to any act or omission of Company in connection with the inspection of the residential structure, as limited herein, shall be made in writing and reported to Company within ten (10) business days of discovery. Client further agrees to allow Company to reinspect the claimed discrepancy. Client understands and agrees that any failure to notify Company as stated above shall constitute a waiver of any and all claims Client may have against Company.
10. 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 submitted to final and binding arbitration under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any Court of competent jurisdiction.
11. It is understood and agreed by and between the parties hereto that Company's and its officers', agents' or employees' LIMITATION OF LIABILITY for errors or omissions in the inspection report is limited and fixed to a refund of the fee paid for the inspection and inspection report. The fee for this inspection is
12. Any legal action or proceeding of any kind, including those sounding in tort or contract, against Company, or its officers, agents or employees, must be brought within one (1) year from the date of the inspection or will be deemed waived and forever barred. Time is expressly of the essence herein. Client's Initials_________
13. Client understands and agrees that if they are not present at the time of the inspection and therefore do not sign this Agreement that this agreement will form a part of the inspection report and acceptance of the inspection report by Client shall and payment therefore will constitute acceptance of the terms and conditions of this Agreement.
14. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between parties.
15. This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this agreement. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties. This Agreement shall be binding upon and insure to the parties hereto and their spouses, heirs,executors, administrators, successors, assigns and representatives of any kind whatsoever.
16. Re-inspection Fee:
Some areas and/or components may be inaccessible or in need of repair during the initial home inspection due to furniture, storage/clutter or other obstructions, this would also constitute repairs done after the initial home inspection to be revisited. If client requests a revisit to the property from the inspector for any reason a service fee of $95 dollars shall apply for each visit. If a written report is desired client agrees to an additional fee which will be determined depending upon the complexity of the report generated. Your initial home inspection fee does not include multiple visits to the property by the home inspector.
17. Other Provisions:
Confidentiality - You understand that the Services are being performed (and the report is being prepared) for your sole, confidential and exclusive benefit and use. The Report, or any portion thereof, is not intended to benefit any person not a party to this Agreement, including (but not limited to) the seller or the real estate agent(s) involved in the real estate transaction ("third party"). If you directly or indirectly allow or cause the Report or any portion thereof to be disclosed or distributed to any third party, you agree to indemnify, defend, and hold us harmless or any claims or actions based on the Services or the Report brought by the third party. By initialing here (_______), you authorize us to distribute copies of the Report to the real estate agents or attorneys directly involved in this transaction, who are not intended beneficiaries of the Report. Please list below:
I have read, understand and agree to all the terms and conditions of this contract and to pay the fee listed above.
Dated_______________Signature of Client_______________________________
(One signature binds all)
Dated______________For Access Home Inspection LLC ________________________________