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)        

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CLIENT NAME (Printed)                                                                                   ___________________________________

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DATE

 

 

 

 

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COLBY NEAL/INSPECTOR                                                           

 

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DATE