INSPECTION AGREEMENT

HOUSE CALL INSPECTIONS, INC.
Inspection Agreement
THIS IS A LEGALLY BINDING CONTRACT
PLEASE READ IT CAREFULLY
CLIENT:
ADDRESS:

This Inspection Agreement contains the terms and conditions of your (Client) contract with House Call Inspections, Inc. (Company) for an inspection at the above address. This agreement contains limitations on the scope of the Inspection, remedies, and liability. Please read it carefully. By signing below, Client represents and warrants that Client has secured all approvals necessary for the Company to conduct an inspection on the property. Client also warrants they will read the entire report when received and shall promptly call with any questions or concerns Client may have concerning the Inspection or Inspection Report. This Inspection is being performed for the exclusive use and benefit of the Client, and the Inspection Report is not to be transferred to, utilized, or relied upon by any other person or entity without the written permission of the Company.

1. INSPECTION The Company agrees to perform a LIMITED and VISUAL inspection of the systems and components as they exist at the time of the inspection and for which the client agrees to pay a fee. The inspection will be performed in accordance to the Standards of Practice of the American Society of Home Inspectors and is limited to the limitations, exceptions, and exclusions so stated in the Standards of Practice and this agreement. If the Client is present at the Inspection, receipt of these Standards is acknowledged. Otherwise, the Standards may be found at www.ASHI.org.

2. LIMITATIONS, EXCEPTIONS, AND EXCLUSIONS The Inspection only includes those systems expressly and specifically identified in the Inspection Report. The limitations, exceptions, and exclusions in the Standards of Practice are incorporated herein. In addition, any area which is not exposed to normal view, is concealed, is inaccessible because of soil, walls, floors, carpets, rugs, ceilings, furnishings, etc is not included. The Inspection does not involve any destructive testing or dismantling. The following systems, components, and areas are among those not included in the Inspection or Report:
- Latent or concealed defects, compliance with building codes, zoning ordinances, manufacturer’s installation instructions, or product recalls.
- Engineering (Structural, Geological, Soil, Survey, etc).
- Termites or other wood destroying insects or organisms, rodents or other pests, dry-rot or fungus; or damage from or relating to the preceding. Specific attention should be directed to the inspection performed by professional specialists in this field.
- Environmental or health hazards (Asbestos, lead-based paint, radon, urea formaldehyde, MOLD, mildew, proximity to toxic waste sites, etc.
- Private water and waste disposal systems, water softeners or purifiers, radiant or solar heating systems.
- Pools, spas, hot tubs, saunas, steam baths, fountains, water gardens, sprinkler systems, or other similar components.
- Repair cost estimates.
- Thermostatic or timing devices, radio controlled devices, automatic gates, elevators, dumb waiters, or similar components.
- Free standing appliances and gas appliances, such as barbeques, gas grills, fire pits, heaters, or similar components.
- Gas shut off valves, including those at meter and at appliances, furnace heat exchangers not readily viewable, and gas leaks not initially detected by odor.
- Security or safety components such as fire, smoke, or carbon monoxide detectors.
- Unique or technically complex systems or components, including their life expectancy, adequacy, or efficiency.

3. DISCLAIMER OF WARRANTY Client understands that the Inspection and Inspection Report does not represent a (1) guaranty, (2) warranty of merchantability or fitness for a particular purpose, (3) express or implied warranty, or (4) insurance policy. Neither the Inspection nor Inspection Report are substitutes for the Seller Disclosure completed by the seller of the property. OBTAIN AND READ THAT DISCLOSURE THOROUGHLY.

4. NOTICE AND STATUTE OF LIMITATIONS Client agrees that any claim for negligence, breach of contract or otherwise, be made in writing and reported to the Company within ten (10) days of discovery. Client further agrees to allow the Inspector or his representative the opportunity to re-inspect the claimed discrepancy (with the exception of emergency conditions) before repairs, replacements, alterations, or modifications are made by the Client or his representatives (including contractors). Client understands and agrees that any failure to notify Inspector as stated above shall constitute a waiver of any and all claims Client may have against the Inspector. All legal action must be brought against the Inspector within one (1) year of the date of the Inspection. Failure to bring said action within one (1) year is a full and complete waiver of any rights, actions, or causes of actions that may have arisen thereof. Time is expressly of the essence herein. This time period may be shorter than otherwise provided by the law.

5. LIQUIDATED DAMAGES It is understood and agreed by the parties hereto that the Company is not an insurer, that the payment for the Inspection and Inspection Report is based solely on the value of the service provided by the Company in the performance of the LIMITED VISUAL inspection and production of the Inspection Report as described herein. As it is sometimes impracticable and extremely difficult to fix actual damages, if any, which may result from a failure to perform such services, and in the case of failure to perform such services and a resulting loss, Company’s liability hereunder shall be limited and fixed in the amount of the inspection fee or the sum of five hundred dollars ($500), whichever sum is less, as liquidated damages, and not as a penalty, and this liability shall be exclusive.



6. DISPUTE RESOLUTION Any dispute, controversy, interpretation, or claims for, but not limited to, breach of contract, any form of negligence, fraud, or misrepresentation or any other theory of liability arising out of, from, or related to this contract, the Inspection, or 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 of the award may be entered in any Court of competent jurisdiction. If an action is filed by a client against the Company and the Company successfully defends against the claim of the Client, the Client agrees to pay the Company’s reasonable attorney’s fees and costs associated in defending such action.

7. GOVERNING LAW AND SEVERABILITY This agreement shall be governed by Georgia law. If any part of this contract is found to be invalid or unenforceable by any court of arbitrator the remaining terms shall remain in force between the parties.

8. RECEIPT OF REPORT The Company’s agreement to perform the Inspection is contingent on Client’s agreement to the provisions, terms, conditions, and limitations of this Agreement. If this Agreement is not signed by Client (or is signed by the Client’s representative attending the Inspection in his absence) prior to or at the time the written Inspection Report is provided to the Client, and Client objects to any of the terms of this agreement, Client shall return the written Inspection Report to the Company within seven (7) days and any fees that have been paid will be refunded to the Client. Failure to return the Inspection Report will constitute the full acceptance of all the terms of this Agreement by Client.

9. OTHER SERVICES It is understood and agreed to by the parties that all the provisions, limitations, and understandings or representations shall apply to any optional services entered into by the parties.

10. ENTIRE AGREEMENT, MODIFICATION, AND THIRD PARTIES 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 change or modification is in writing and signed by the parties and supported by valid consideration. This agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.

INSPECTION FEE: $

___________ FEE:

TOTAL FEE: $

I have read, understand and agree to all the terms and conditions of this Agreement and to pay the fee shown above.


_________________________________________________ __________________ (DATE)
CLIENT


_________________________________________________ __________________ (DATE)
HOUSE CALL INSPECTIONS, INC.
4145 Lawrenceville Highway, Suite 10A
Lilburn, GA 30047
(678) 662-7599