Please call for home inspection & radon testing cost estimate
THIS AGREEMENT LIMITS OUR LIABILITY -- PLEASE READ IT CAREFULLY
Client: _______________________________ Inspection Date: _______________
This Inspection Agreement is entered into between the Client and Apex Home Inspectors LLC, a Missouri limited liability company referred to as “the company.”
Scope - Inspection of Residence: In consideration of the terms and conditions set forth below, the Company agrees to perform a visual inspection (the Inspection) of the property listed above (the Residence), and to prepare and provide to the Client an Inspection Report (the Report). The Inspection will be in accordance with the Standards of Practice of the American Society of Home Inspectors® (ASHI®). A copy of the ASHI Standards of Practice is available to the Client at ashi.com. This is not a building code inspection. The Inspection will consist of visual observation of readily and safely accessible areas of the Residence. As specified in the ASHI Standards for multiple occurring items such as outlets, windows, and doors - only a representative number will be inspected/tested. The Inspection is limited only to visual observation of apparent conditions existing at the time of the Inspection. Except as provided in the Disclosure Section on page 2, a copy of the Report will also be sent to the Client's real estate agent, if any. The copyright of the Report shall remain with the Company.
Inspection Components: The Inspection is strictly limited only to the following components of the Residence: Structure, Foundation, Exterior, Roof, Attic, Major Systems (heating, air conditioning, electric, plumbing), Built-in Appliances1, Interior (floors, ceilings, walls, windows, doors). The inspector will not conduct exhaustive testing of any components of the home. The inspection will test the operation of the Heating/AC (temperature permitting) for instance, only in so far as to determine if the system is operational. The inspector will not test the heating/AC system for proper sizing to the home, or whether or not the airflow is sufficient. The inspector will not disassemble any component or appliance, or run any specialized tests to determine the efficacy of any system, as such tests would be the domain of a specialist, which the inspector is not. The inspector is a generalist whose purpose in this visual inspection is to inform the client when the inspector believes that a system should be further inspected by a specialist such as a licensed/qualified Heating/AC specialist, electrician, plumber, roofer or any other specialist.
Entire Agreement & Severability: This Agreement contains the entire agreement between the Client and the Company. This document supersedes any and all representations, both oral and written, among the parties. This Agreement may be modified, altered or amended only in writing and signed by both the parties. Any provision of this Agreement which proves to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Agreement and all such other provisions shall remain in full force and effect.
No Warranty or Guarantee: The Inspection and the Report are not intended; nor shall they be used or treated by the Client or anyone else, as a guarantee or warranty expressed or implied, regarding the adequacy, performance or condition of any aspect of the Residence. The Client acknowledges and agrees that the Company is not an insurer of any inspected or non-inspected conditions at the Residence. The Client acknowledges that the Company has explained that home warranty plans are available which offer valuable protection against certain unforeseen repair expenses.
Latent and Future Defects: The Inspection is not a technically exhaustive investigation or evaluation of every aspect of the Residence. The Client acknowledges and agrees that the Inspection and the Report will not reveal every existing deficiency or any future condition affecting the Residence. The Company is not responsible for the non-discovery of any latent defects in the Residence, or any problems that may occur or become evident after the date of the Inspection. Latent defects in the Residence include, but are not limited, to: cracking, leaking, surface dislocations, or landslides resulting from, without limitation, water leaks, land subsistence, or other geological problems. The Company is not responsible for future defects, failures and repairs. The Company shall have a reasonable opportunity, weather permitting, to access the Residence to evaluate the situation prior to any corrective action being taken by the CLIENT. However, immediate, necessary action should be undertaken by the CLIENT as needed.
Fee: $ . This Fee is for the Inspection and Report, and payable at the time of the inspection. If payment received more than 14 days after the date of inspection, there is an additional charge in the amount of $50.00, and interest shall accrue on the entire balance due at the rate 1.5% monthly (18% per annum) from the date of delinquency until paid. The Client also agrees to pay all attorney fees and associated costs for the Company to collect the amount due. Remedy for non-payment may be adjudicated in small claims court.
Limits of Liability: The CLIENT agrees that the limit of liability of the company and its members, employees, inspectors and agents for any damages or harms arising out of or relating to the inspection, breach of this agreement and/or claims of negligence or personal injury, wrongful death or property damage shall be limited to the cost of the inspection only, and is unrelated to the costs of repairing or correcting any defects in the Residence. The Company assumes no liability for the cost of repairing or replacing any reported or unreported defect or deficiency in the Residence, either current or arising in the future, or for any property damage, consequential damage, or bodily injury of any nature. The Inspection and Report are conducted and prepared for the sole, confidential and exclusive use of the Client. Consequential and third party damages are excluded; and the client indemnifies and holds the company harmless from all such claims.
Even though the report may have been a material factor in the client's decision to purchase the residence, the client agrees that should the company be found liable for any loss or damages resulting from a failure to perform any of the company's obligations, including but not limited to negligence, fault, breach of contract, or any other legal theory or cause of action, the liability of the company shall be limited solely to the cost of the inspection.
Arbitration Clause: Excepting any action by the company to collect its fees, any controversy or claim arising out of, or relating to this Agreement, or breach thereof, either directly or indirectly, which is brought by the client, shall be settled by binding arbitration administered by the American Arbitration Association in the state of Missouri, using its Commercial Arbitration Rules. The arbitrator shall have at least three (3) years of actual knowledge of the home inspection industry. Any decision and judgment award rendered may be entered in any court having jurisdiction hereto. Each party agrees to pay its own costs of arbitration. (This excludes payment of the company's fees for the inspection.)
EXCLUSIONS FROM THE INSPECTION: The following items, components and issues are specifically not included in the Inspection: product recalls by the Consumer Protection Safety Commission, any governmental body or agency, manufacturers, consumer groups or advocates, or any others; the presence or absence of termites, dry rot, fungus, mold or other wood destroying pests; the interior condition of chimney flues; all concealed or underground items, including without limitation, plumbing and electrical components, septic systems or cesspools, well and its water quality; water softeners and purification systems; swimming pool/spa and systems; automatic sprinkler systems; any system that is shut down; lighting of pilot lights; alarm, intercom, and low voltage systems, including without limitation, yard fixtures, timers, de-icing systems, and solar systems; storm windows, screens, and doors; shutters, awnings and related accessories; broken windowpanes & "THERMO-PANES"; all portable/moveable appliances including, without limitation, the refrigerator/freezer,; the temperature calibration, self-cleaning feature, and timer operation of the stove/oven; the heat exchanger; radiant heating system; compliance with past or present state and local building code requirements; evaluation or analysis of soil conditions and geological stability; evaluation of engineering and architectural issues; compliance with any federal, state, or local environmental laws, rules, and ordinances; the existence of any hazardous wastes and toxic substances on, in, or around the Residence including, without limitation, asbestos, radon gas, lead and lead-based paint, mold, or methamphetamine, or any other toxic elements.
WALK-THROUGH INSPECTION BY CLIENT: The Client is advised that conditions at the Residence may change between the date of the Inspection and the date on which the Client closes on the purchase of the Residence. Consequently, the Client is advised and encouraged to personally conduct, or to arrange for an independent third party to conduct a pre-closing "Walk-Through Inspection" of the Residence. This pre-closing Walk-Through Inspection should include, but not be limited to, the heating/cooling systems and the landscape sprinkler system - weather permitting.
ADDITIONAL TERMS: ________________________________________________________________________________________________________________________________________________________________________________
ADDITIONAL CONTRACT SERVICES:
The company offers additional services (listed below) based upon generally accepted industry standards. Please inquire if interested. There is a separate contract for Radon Testing.
The Environmental Protection Agency (EPA) recommends every house be tested for elevated levels of radon gas, a known cause of lung cancer.
Client understands and agrees that if any items are identified by the company in the visual inspection as needing further inspection by a specialist, it is the client’s responsibility to seek and arrange for further inspection by a certified/licensed specialist before the expiration of the inspection window as specified in the real-estate contract for this particular property.
The company may amend or adjust the inspection report within 72 hours after initial delivery.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION
WHICH MAY BE ENFORCED BY THE PARTIES.
THIS AGREEMENT CONTAINS A LIABILITY AND DAMAGE LIMIT CLAUSE
WHICH IS PART OF THIS AGREEMENT.
Client Name (Please print)
[Text Box: Apex Home Inspectors LLC 6925 Lakeshore Dr, Raytown MO 64133 816-674-3414 Phone] _________________________________________ ____________
Client Signature Date
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