INSPECTION
AGREEMENT
1.
INTRODUCTION.
PINNACLE
HOME INSPECTIONS, INC. (hereafter referred to as “INSPECTOR”) agrees with
undersigned CLIENT to conduct an inspection for the purpose of informing the
CLIENT of any major points of concern in the condition of the property which
the INSPECTOR discovers. The inspection
and report are performed for the sole, confidential and exclusive use and
possession of the CLIENT.
2. SCOPE OF INSPECTION. The inspection shall cover the following:
Mechanical systems Including Central Heating and
Cooling Units.
Plumbing Fixtures, Piping, and Water Heater. Electrical Service.
Structural Condition Including Foundation. Basement, and Crawl space and Attic.
General Interior Including Ceilings, Walls, Floors,
Windows, and Doors.
Fireplace and Chimney. Built in Kitchen Appliances and Bathrooms.
General Exterior Including Roofing, Siding, Gutters,
Grounds, Drainage, and Grading.
Report
the Quality Condition of these Major Systems at time of inspection.
3. CONTRACT PRICE. The CLIENT agrees to pay _____________ to
INSPECTOR for said services.
4. LIMITATION OF INSPECTION. The inspection shall not cover the
following:
The
inspection and report do not address the possible presence of or danger from
any potentially harmful substances and environmental hazards including but not
limited to asbestos, lead paint, radon gas, urea formaldehyde, toxic or
flammable chemicals and water and airborne hazards. The inspection and report will not address
central vacuum systems, intercoms, fire and safety equipment, security systems,
telephone wiring, cable wiring, and other low voltage systems, spas and
whirlpool baths, sprinkler systems, swimming pools, water softeners, wells and
septic systems, the presence or absence of rodents, termites and other
woodworking insects, portable appliances and refrigerators. The CLIENT specifically agrees and acknowledges
that MECHANICAL DEVICES MAY OPERATE AT ONE MOMENT AND LATER MALFUNCTION.
5. LIMITATION OF LIABILITY.
a)
CLIENT hereby
acknowledges and agrees that the limits of liability of the INSPECTOR for any
purpose will be limited to the sum equal to the amount of the fee paid by the
CLIENT for the inspection and report.
The liability of the INSPECTOR is strictly limited to the specific areas
which were inspected and which were specifically requested by the CLIENT in
writing prior to the inspection. If a
mechanical device malfunctions, the CLIENT agrees that the INSPECTOR is not
liable unless it can conclusively be shown, with clear and convincing evidence,
that the mechanical device was inoperable or in immediate need to repair or not
performing the function for which it was intended at the time of the inspection. All complaints by CLIENT must be received by
INSPECTOR in writing within one year of the inspection.
b) The INSPECTOR shall have no liability for
failing to detect a defect, malfunction, inoperative condition or necessity for
repair where the defect, malfunction, inoperative condition or need for repair
was concealed or covered up, whether intentional or otherwise. The CLIENT agrees the INSPECTOR shall have no
liability for incidental or consequential damages.
c)
THE INSPECTOR
DOES NOT GUARANTEE OR WARRANT THE CONDITION OF THE PROPERTY. The CLIENT agrees that the INSPECTOR assumes
no liability or responsibility for the cost of repairing any unreported defects
or deficiencies, 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 NOT INTENDED OR
TO BE USED AS A GUARANTEE OR WARRANTY EXPRESSED OR IMPLIED, REGARDING THE
ADEQUACY OR PERFORMANCE, OR CONDITION OF ANY INSPECTED STRUCTURE, ITEM OR
SYSTEM. THE INSPECTOR IS NOT INSURER OF
ANY INSPECTED CONDITION.
6. ATTORNEY’S FEES. If a lawsuit is filed by the CLIENT against
the INSPECTOR and the INSPECTOR successfully defends against the claim of the
CLIENT, the CLIENT agrees to pay the INSPECTOR reasonable attorney’s fees and
court costs incurred in defending against such claims. If a lawsuit is filed by the INSPECTOR to
collect monies due and owing under this contract, the CLIENT agrees to pay the
INSPECTOR reasonable attorney’s fees, court costs, and expenses incurred in
such suits.
ACCEPTANCE AND
UNDERSTANDING OF THIS AGREEMENT ARE HEREBY ACKNOWLEDGED:
Does the CLIENT’S Realtor or
real estate agency have permission to receive a copy of this report?
Yes________ No________ (initial one)
x_______________________________________ Property
Location:
CLIENT SIGNATURE (One Signature Binds All)
___________________________________
________________________________________ ___________________________________
CLIENT NAME (Printed) ___________________________________
___________________________________
________________________________________
DATE
________________________________________
COLBY NEAL/INSPECTOR
________________________________________
DATE