CONDITIONS AND AGREEMENT OF
HOME INSPECTION REPORT
This agreement is made between A Better
Home Inspection, LLC, and the parties, hereby referred to as "Client".
Client:___________________________________________
Present Address:___________________________________
City, State, Zip:____________________________________
Phone:___________________________________________
Subject Property:___________________________________
City, State, Zip:____________________________________
Email Address:_________________________________________
Payment shall be made in the amount
of $ PHONE QUOTE and is due upon completion of our inspection.
A Better Home Inspection, LLC will inspect
the residence described in this document under the heading "Subject Property",
under the terms and conditions of this agreement. Please read this
material carefully and call our office if you have any questions. License #
294 (865) 556-8665
SCOPE OF THE INSPECTION: Although very exhaustive, usually taking
between 3 to 4 hours, a Home Inspection is not able to uncover every
maintenance and repair condition during a single inspection. We will only
inspect visually the systems and components as outlined in the
1. The undersigned, Client, releases A
Better Home Inspection, LLC and its owners, inspectors, employees, agents, and
representative (collectively called "Inspector" in this agreement, from any
warranty obligations and expressly agrees that no express or implied warranty
is given by the inspection report or otherwise; all warranties are expressly
disclaimed; the Inspector is not liable for special, indirect, or consequential
damages of any type. Initial______X
2. The Inspector will perform a visual
inspection and prepare a confidential written report as to the apparent
condition of the installed readily accessible systems and components of the
residence as they exist at the time of the inspection. Concealed and latent
defects and deficiencies are excluded from the inspection. The parties agree
the inspection shall conform to the standards, and that the conditions,
limitations, and exclusions shall be governed by the standards.
3. Excluded from this inspection is any
system, structure, or component of the building which is inaccessible,
concealed from view, or cannot be inspected due to circumstances beyond the
control of the Inspector. Excluded from the scope of this inspection, but not
limited to, are the following: Radon (unless requested), lead paint, asbestos,
formaldehyde, mold fungi, or any other environmental hazard, infestation or
damage due to insects or pests, property easement concerns, governing codes,
ordinances, statutes, covenance,
manufacturer specifications, fences, underground pipes or utilities,
landscaping, trees, flood plain, swimming pools, spas, sewer, septic, wells,
underground or above ground tanks, solar systems, humidifiers, water softeners,
central vacuum systems, telephone, cable television, security systems, fire
protection systems, low voltage electrical, systems that are shut off or
de-energized, remote control, radio control, motion sensor, antennae, lighting
arrestors, and systems not specifically identified in the inspection report.
Inspector is a home inspection generalist and is not acting as an expert in any
craft or trade. Any comments about these systems, items, or conditions in the
inspection report are informal and DO NOT qualify as inspected. You
should obtain a report from a licensed specialist who is qualified to inspect
these systems. If the inspector recommends consulting other specialists, or
experts Client agrees to do so at their own expense.
4. The inspection report to be prepared
for Client is solely and exclusively for Client's own benefit and may not be
relied upon by any other person. Client agrees to maintain the confidentiality
of the inspection report and agrees not
to disclose any part of it to any other person. Client may distribute copies of
the inspection report to the seller, or buyer and the real estate agents
directly involved in this transaction, but Client and Inspector do not in any
way intend to benefit said seller, buyer, or real estate agents directly or
indirectly through this Agreement of the inspection report. Client agrees to
indemnify, defend and hold Inspector harmless from any third party claims
arising out of client's unauthorized disclosure of the inspection report.
5. Should any provision of this contract
be held by a court of competent jurisdiction to be either invalid or
unenforceable, the remaining provisions of this contract shall remain in full
force and effect, unimpaired by the courts holding.
6. The parties understand and agree that
the Inspector and its agents assume no liability or responsibility for the cost
of replacing any unreported defects or deviances either current or arising in
the future, or any property damage, consequential damage, or bodily injury of
any nature. The Client further agrees the Inspectors liability (in contract,
tort, negligence, or otherwise) shall not exceed the amount actually paid for
the inspection report. Initial______X
7. Any dispute with the inspector
regarding the Inspector's services shall be submitted to arbitration through
the American Arbitration Association and the party initiating the complaint
shall be liable to the Inspector for all costs and reasonable attorney fees if
the company is not found liable for more than the cost of the inspection. Any
claim for failure to perform under this contract will be reported to inspector
in writing within ten business days of discovery. Inspector will have the
absolute right to re-examine the item or component in question (including independent
second opinion) before any repairs or replacements are undertaken.
Failure to allow said examinations will constitute a full and complete waiver
of any and all claims against inspector. Any claim must be brought within one
year from the date of the original inspection, and failure to bring such action
within this time frame is a full and complete waiver of any rights that may
have arisen from the inspection and report. Time is expressly of the essence
herein.
This time period may be shorter than
otherwise provided by law.
8. This Agreement shall be binding upon
and insure to the parties hereto and their heirs, successors and assigns. This
Agreement constitutes the entire integrated agreement between the parties
hereto pertaining to the subject matter hereof, and may be amended only by a
written agreement signed by all the parties hereto. No oral agreements,
understandings, or representations shall change or amend any part of this
agreement.
9. Each party signing this Agreement
warrants and represents that he/she has the full capacity and authority to
execute this Agreement on behalf of the named party. If this Agreement is
executed on behalf of the Client by any third party, the person executing this
Agreement expressly represents to the Inspector that he/she has the full and
complete authority to execute this Agreement on behalf of Client and to fully
and completely bind Client to all of the terms, conditions, limitations,
exceptions, and exclusions of this Agreement.
10. A finance charge of 1.5% per month(18%
per annum) will be charged to all delinquent accounts and Client will pay costs
of collection of such accounts including reasonable attorney fees.
I have read the terms of this Agreement
and fully understand the scope and limitations of the inspection report to be
provided by the Inspector and agree to pay the fee listed above.
Clients
Signature_____________________________Date______________
Agents
Name___________________________Agents Phone________________
Clients agrees to release report to
Realtor: YES € NO €
Agents email:____________________________
Signed: Stephen Foy
ABHI MUST RECEIVE A COPY OF THIS AGREEMENT
SIGNED BY THE CLIENT BEFORE THE INSPECTION CAN BEGIN.
A Better Home Inspection, LLC
(865) 556-8665
http://www.knoxvillehomeinspector.com
Payment must be received before any
information can be released.
We accept personal checks or cash. We also
accept online payments by check or credit card.