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New York Pre-Inspection Agreement Page 1
THIS AGREEMENT is made and entered into by and between Control Risk Home Inspections, Inc. and
__________________________________________________________________________________________
( client name print)
______________________________________________________________, _______________________, ________, _______________
(client current address) (city) (state) (zip code)
Address of property to be inspected_______________________________________________________________________________
Inspection date____________ Inspection fee ________________ Clients Initial: ________
(Payment is due in full at the time of inspection)
Client understands and agrees as follows:
1. Inspector agrees to perform a visual inspection of the home/building 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 bargain-for report. This report is only supplementary to the seller’s disclosure.
2. The inspection and the report provided to you will also conform to or exceed the Standards of Practice of the American Society of Home Inspectors (ASHI). The inspection and the completed report are limited by the terms and conditions, exclusions and limitations as established by this Contract and the ASHI Standards of Practice. We will provide you with a copy of the ASHI Standards upon request or you can find it online at www.ashi.com.
3. Home inspector shall inspect: foundation; Floors; Walls; Ceilings and Roof; Probe structural components where deterioration is suspected; Crawl spaces and attics not less than 30 inches vertical clearance and at least 30 inches horizontal clearance; Exterior surfaces; Exterior doors; Windows; Decks, balconies, stoops, steps, porches and railings; Vegetation, grading, drainage and retaining walls with respect to their immediate detrimental affect on the condition of residential building; Walkways, patios and driveways; Garage doors; Roofing surface; Roof drainage system; Flashing; skylights; Exterior of chimneys; Water supply and distribution systems; Interior fixtures and faucets; Drain, waste and vent systems; Domestic water heating systems; Combustion vent system; Fuel distribution system; Sumps, pumps and piping; Service entrance system; main disconnects; main and sub panel and interior components; Service ground; Wiring; Over-current protection devices; GFCI’s; Heating equipment; Visible and accessible portions of heat exchanger, remove flame roll-out shield; Central cooling system; Hard wired through-wall individual cooling system and energy source. Interior steps, stairways and railings; Kitchen cabinets; Interior doors; At lease one window per room; Insulation in unfinished spaces; Ventilation of attic and crawlspaces; Mechanical ventilation systems; Fireplaces.
4. Home inspector not required to inspect: Environmental conditions, subterranean soil conditions, insect infestation, zoning or codes compliance or any other regulatory compliance, lead paint, radon, mold or mildew contamination, formaldehyde, geological or soil or water testing, engineering & analysis, existence of easements or other property encumbrances, asbestos contamination, landscaping, septic systems, irrigation or anything else beyond the physical components of the house itself unless otherwise noted in this contract; Remote control devices for garage doors; Antennae; solar heating systems; lighting arresters; Satellite dishes; wiring not part of primary electrical distribution system; Central vacuum system; Security system; Interior of flues or chimneys. (Certain environmental tests can be performed for additional fees)
5. Visual inspection only: This inspection is limited to readily accessible areas and mechanical systems. In the event that we cannot inspect an area, the area will be noted in report as inaccessible and non-functioning mechanical systems will be noted as non-functional at the time of inspection. This inspection will not involve destructive or invasive testing or be technically exhaustive and cannot detect latent conditions or concealed, hidden, obstructed or inaccessible areas unless otherwise stated and agreed upon by all parties in advance and in writing.
6. 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 two times (2X) 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. 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.
7. The report we provide is not to be deemed a guarantee, warranty or insurance policy against future defects in the inspected property. The report is simply our written evaluation of conditions at the property on the date of inspection. You should assume that certain items will fail over time and there is no means any inspection could predict all occurrences or when they may occur. The client acknowledges that certain components of the house may function in a manner consistent with their purpose at the time of the inspection, but may cease to function or change or deteriorate abruptly and without notice.
8. The purpose of the report is to alert the client to defects to the property that are discoverable during this limited visual inspection we provide that impinge upon the health and safety of the occupants of the property or materially affect the condition of the property. Please note that the inspection is a snapshot in time of the condition of the property at one particular moment and that certain conditions may exist which may not be readily ascertainable at the time. We will use our best professional judgment and experience to document our observations, but we cannot be responsible for or liable for any defects that cannot be reasonably discovered during the limited time of the inspection. It is not possible to determine or predict water leakage, moisture problems, or other conditions that might be affected by varying weather conditions, environmental factors, or lifestyle.
9. ALL COPYRIGHTS ARE RESERVED. We provide the inspection report for your exclusive use only. This report may not be transferred or assigned to any third party. The Client agrees to indemnify and hold us harmless from any and all losses, liabilities, related costs and expenses including attorney's fees that arise out of lawsuits brought by third parties who claim reliance on this report.
10. We do not perform testing, inspection or issue certification relating to wood-destroying insects. We strongly suggest that you have a licensed pest control specialist perform this service for you.
11. We will not move or remove personal items in the course of our inspection, nor will we damage or disturb any property, including finished surfaces, insulation, landscaping, or snow or ice which obstructs the view of inspected areas or components. We will not enter any areas that constitute a threat to our safety or are otherwise inaccessible.
12. If any part(s) of this contract are declared invalid or unenforceable by any court or jurisdiction, then the surviving provisions of this contract shall remain in effect.
13. This contract will become part of the inspection report, and acceptance of the inspection report will constitute the acceptance of the terms and understanding of the above.
14. We have no interest in the property or any arrangement with contractors or other trades-people or, any benefits derived from any sales or improvements to this property.
15. _________________________________________________________________________________________
(Additional service requested by client and fees)
16. _________________________________________________________________________________________
(Items not to be inspected at the request of client)
I HAVE READ THE TERMS OF THIS CONTRACT AND THAT ANY QUESTIONS I HAVE ABOUT THE CONTRACT HAVE BEEN FULLY AND SATISFACTORILY EXPLAINED. I AGREE THAT I UNDERSTAND AND CONSENT FREELY TO ALL THE ABOVE TERMS AND LIMITATIONS EXPRESSED HEREIN, AND HAVE RECEIVED A COPY OF THIS AGREEMENT.
______________________________________________ ____________
(Client Signature) (Date)
______________________________________________ ____________ Lic # _______________________
(Inspectors Signature) (Date)
New York Pre-Inspection Agreement, Copyright © 2007 Control Risk Home Inspections, Inc.