Total Picture Home Inspection Service L.L.C. - Inspection Agreement
The address of the property is:_________________________________________________
THIS AGREEMENT made on _______________ by and between Thomas Hambel (Hereinafter “INSPECTOR”) and the undersigned (hereinafter “CLIENT”), collectively referred to herein as “the parties.” The Parties Understand and Voluntarily Agree as follows:
1. INSPECTOR agrees to perform a visual inspection of the home/building located at above address and to provide CLIENT with a written inspection report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller’s disclosure. INSPECTOR will perform the inspection in accordance with the South Carolina Home Inspector's Standards of Practice. A copy of the Standards is included with this report. CLIENT understands that these standards contain certain limitations, exceptions, and exclusions.
2. This inspection does not include any destructive testing or dismantling of systems. INSPECTOR is not responsible for any conditions that may be covered, concealed or inaccessible or when conditions are considered a danger to the inspector. Items not included in the scope of this inspection include, but are not limited to: engineering analysis of any system; compliance with past or present governing codes, ordinances and covenants; soil and geological conditions; cosmetic conditions; common areas under management of a condominium; conditions due to pest and wood destroying organisms; telephone, cable, satellite, intercoms, security and fire protection systems, water and air filtration systems, low voltage electrical systems; tennis courts, playgrounds and other recreational equipment; fencing; irrigation systems; solar heating systems; underground storage tanks; auxiliary heating units like gas logs; freestanding appliances; elevators; automatic gates; central vacuum systems; water conditioning/softening systems. Any general comments about these items and conditions on the written report are informal and do not represent an inspection. The following items are also not part of this standard home inspection although some of these items may be included for an additional fee: wells and well pumps; septic systems; water quality; swimming pools, saunas, hot tubs and spas; mold/mildew/fungus; detached buildings; environmental hazards including asbestos, radon, formaldehyde, lead or lead based paint; wood destroying insects and organisms. All utility services and major systems must be turned on to perform the inspection. CLIENT agrees not to hold the INSPECTOR responsible for future failure or for non-discovery of any latent defects in material, workmanship or other conditions of the property which may occur after the inspection date.
3. The CLIENT is required to inform the INSPECTOR of any past and current known defects and/or past inspections performed, whether by a home inspector, pest control company, structural engineer or other entity. The CLIENT is further required to inform the INSPECTOR of the history of all known structural problems, regardless of repair and/or natural or man made disasters occurring within the home (fire, flood, roof leaks, pipe bursts, etc.). Failure to disclose such information will indemnify and hold harmless the INSPECTOR from any further claims.
4. INSPECTOR’S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement.
5. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. INSPECTOR bears no responsibility for the possibility that the CLIENT lost an opportunity to renegotiate with the seller. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. Please initial that you agree to this limited liability____________.
6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Notification of adverse conditions at least 7 days prior to repairing or replacing any systems or component and (2) Access to the premises to allow the INSPECTOR to re-inspect the system or component. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.
7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
8. INSPECTOR requires an inspection agreement to be signed by the CLIENT prior to performing the inspection. CLIENT understands and agrees that if he is not present at the time of the inspection and therefore did not sign this Agreement that this Agreement will form a part of the inspection report and acceptance of the inspection report by the CLIENT shall and payment therefore will constitute acceptance of the conditions of this Agreement.
9. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
10. The CLIENT will pay the total fee of $______________ for the inspection of the "Property" listed above at the time when the inspection report is delivered whether by hard copy or electronic transmission.
Buyer present Yes[ ] No[ ] Agent present Yes[ ] No[ ] Agent's Name _____________________________
CLIENT agrees to release reports to Seller/Buyer/Realtor. Please initial_________
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.