A.C.F. HOME INSPECTION INC.
 
BUILDING INSPECTION CONTRACT
 

 

Contract Date:
 

 

Between Client's (Names)
 
And A.C.F. Home Inspections Inc.
 

 

WHEREAS Client desires to have a visual inspection of the building located at
 

 

WHEREAS Inspector agrees to perform a visual inspection for Client under the terms and conditions set forth in this contract:
 

 

IN consideration of the mutual promises set forth in this contract. Client and Inspector agree and covenant as follow:
 

 

SCOPE OF INSPECTIONS
 

 

Inspector shall perform visual inspection of open, accessible/readily accessible, and apparent building components, which are specifically identified in Inspector's report. Inspector shall perform the inspection in a safe, skillful, and generally workmanlike manner in accordance with industry standards. Inspector shall in no event alter, build, repair, maintain, and/or service any building components which falls within the scope of this contract. Upon the tender of delivery of the Inspection report, Inspector shall have fully and completely discharged Inspector's duty of performance under this contract.
 
All items, comments, notes and suggestions are the opinion of the company its officers, agent or employees.
 

 

PAYMENT
 

 

Client agrees to pay inspector the total sum of $ for the visual inspection to be performed under this contract.
 

 

LIABILITY
 

 

INSPECTORS LIABILITY FOR ANY MISTAKE, OR OMISSION, WHICH ARISES WITHIN THE CLIENT-INSPECTOR RELATIONSHIP, ESTABLISHED BY THIS CONTRACT SHALL BE LIMITED TO A REFUND OF THE FEE PAID FOR THE VISUAL INSPECTION AND INSPECTOR'S REPORT.
 

 

Client agrees to assume all risk of loss which exceeds the fee paid for the visual inspection and Inspector's Report and to hold Inspector and its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines and judgments, including cost, attorney's and witnesses' fees, and expenses incident thereto, for injuries to person and for loss of, damage to, or destruction of property arising out of or in connection with this contract unless caused by the gross negligence or willful misconduct of Inspector, its officers, agents, or employees.
 
SETTLEMENT AND WAIVER OF POTENTIAL CLAIMS
 

 

Client agrees to immediately accept a refund to the fee paid for the visual inspection and Inspection Report as full settlement of any and all claims which may ever arise out of or in connection with this contract. Wherein Inspector tenders a full refund. Client hereby voluntarily agrees to waive all claims for damages or loss to person or property that may be caused by any representation, act or failure to act, of Inspector, its officers, agents, or employees present and future.
 

 

DISCLAIMER OF WARRANTIES
 

 

Inspector makes no warranties or guarantees with respect to the building which is the subject of this contract. Any representations or warranties not included within this contractual writing, whether express or implied, are hereby disclaimed. There is no warranty whatsoever on major or minor damages or defects which may develop or become visible at any time subsequent to Inspector's visual inspection.
 
HAZARDOUS SUBSTANCES EXPRESSLY EXCLUDED
 

 

Hazardous substances are expressly excluded from the terms of this building inspection contract. Hazardous substances include, but are limited to, the following: odors, radon, pesticides fungicides, toxins, carcinogens, all petroleum-based chemicals, asbestos, lead, flood plains, noise, contaminants in soil, water and air, electromagnetic fields, and formaldehyde.
 

 

NO THIRD PARTY BENEFICIARIES.
 

 

Client and Inspector understand acknowledge, and agree that the inspector's Report is intended for the sole use and benefit of Client. Client and Inspector desire no third party beneficiaries to this building inspection contract.
 
I have read and understood this contract and agree to all of the terms and conditions
 

 

At your request, A.C.F. Home Inspections Inc is completing a property inspection conducted in accordance with the standards of practice of the NACHI, which are available on request or can be viewed on the web at www.ashi.org or www.nachi.org. The inspection has clearly defined limitations and is not a substitute for the Transfer Disclosure Statement, which the seller may be required to provide by civil code. The inspection is performed by a generalist in a matter of hours and does not include any warranties, as opposed to that by a specialist, which could take several days to complete and could include warranties. Therefore, please be aware of the following limitations of this service: It is not a code-compliance inspection and does not include any research, such as that necessary to establish boundaries, easements, and the issuance of permits or certificates of occupancy. It is not a specialized inspection, such as that conducted by geologists, engineers, environmental specialists, and termite inspectors, who evaluate soil conditions, determine differential settling or structural movement, test the quality of air and water, or detect the presence of pests or rodents, and harmful contaminants, such as radon, methane, asbestos, lead, formaldehyde, electro-magnetic radiation, molds and fungi, termites, and other wood-destroying organisms.
 

 

Similarly, in accordance with NACHI standards, A.C.F. Home Inspections Inc does not evaluate or endorse any concealed areas or components, such as subterranean ducts, pipes, or conduits within walls, floors, or ceilings, obstructed switches and outlets, the slab beneath carpets, the interior of heat exchangers, air-conditioning coils and supply ducts, significant portions of chimney flues, and the waterproof membrane beneath roofs, balconies or shower pans. Also, we do not evaluate or endorse the following specific components: computerized systems, radio or remotely controlled components, central vacuum systems, alarm, telephone, cable, or intercom systems, private sewage systems, private water supply systems, water softeners, water circulating devices, water filtration or purification devices, automatic sprinklers, the hermetic seal of dual-glazed windows or skylights, solar systems, fire-sprinkler systems, shut-off valves that are not in daily use, elevators, saunas, steam showers, humidifiers, electronic air cleaners, in-line duct motors or dampers, washers, dryers, and their valves or drain pipes, condensate pumps, thermostats, timers, clocks, rotisseries, refrigerators, portable or free-standing appliances, retaining walls, landscaping or landscape items, including decorative and low-voltage lighting, portable spas, fountains and ponds, barbecues, fire-pits, pool sweep assemblies, in-line chlorinators, or similar devices dispensing bromine or ozone, and the coatings on pools, spas, countertops, fixtures, appliances, decks and walkways.
 

 

In addition, A.C.F. Home Inspections Inc does not tacitly endorse or guarantee the integrity of any structure or component that was built or installed without permit, and which could include latent defects, or any item that may have been subject to a manufacturer's recall. What A.C.F. Home Inspections Inc. provides is a conscientious but essentially visual inspection, recommendations for appropriate specialist service, and any consultation that may be necessary. In return, and in consideration of the fee, you are agreeing with your signature or use of any part of inspection report to abide by the terms and conditions of the contract and to the following specific stipulations.
 

 

I agree that A.C.F Home Inspections Inc. may report on suspicious stains or moisture damage, but that they may not licensed to inspect for mold or fungi or the client did not order, request or pay for this type of inspection and is not part of the home inspection.
 
 
 
I agree that any recommendations that A.C.F. Home Inspections Inc may make for service, a second opinion, or permit research involving any component or condition should be completed and documented before the close of escrow, or that A.C.F. Home Inspections Inc will be held harmless for any subsequently alleged deficiencies.
 
 
 
I agree to hold A.C.F. HOME INSPECTIONS INC. harmless for any defects that are alleged or which should have been discovered beyond a period of ten business Days from the close of escrow. However, should a dispute arise during this period related to the inspection and report, or the interpretation thereof, that I will only undertake emergency measures and will not alter, repair, replace, correct, or modify any disputed component or condition without first giving the representatives of A.C.F. HOME INSPECTIONS INC. the right to re-inspect. Furthermore, I agree that I will first attempt to resolve any dispute informally. Should such an attempt fail, I agree to submit the dispute to binding arbitration under the rules and procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services Incorporated, and that the decision of the appointed arbitrator shall be honored and binding on the parties and entered in any Court of competent jurisdiction.
 
Client understands and agrees that any failure to notify the inspector of any defects within two days of known defect shall constitute a waiver of any and all claims for said failures or defects.
 
HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all real estate agents 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.
 
I agree to hold A.C.F. Home Inspections Inc harmless for any defects that are alleged or which should have been discovered beyond the close of escrow.
 
 
 
I agree that should I initiate either arbitration or a court action without first attempting mediation that I shall not be entitled to recover attorney's fees and costs that might otherwise be awarded to me through arbitration or a court action, I agree that any and all actions will be held within the county of the inspection company place of business.
 

 

Client and Inspector understand acknowledge, and agree that the Inspector's Report is intended for the sole use and benefit of Client. Client and Inspector desire no third party beneficiaries to this building inspection contract.
 
I have read and understood this contract and agree to all of the terms and conditions
 

 

In Witness Whereof the parties have executed this building inspection contract.
 
This ________________ day of ________________ year____________
 
 
 

 

_________________________ ______________________________________
 
CLIENT SIGNATURE AUTHORIZED AGENT or INSPECTOR