Contract
THIS CONTRACT LIMITS OUR LIABILITY AND SUPERSEDES ALL PREVIOUS COMMUNICATIONS, PLEASE READ CAREFULLY
For the fee of $ _____ Client hereby requests a limited visual inspection of the property at the above address to be conducted by Clayton Inspection Service, Inc., 3617 Broken Wing Road, Knoxville, TN 37931-1527, (865) 693-7109 (Company) for my sole use and benefit. I understand that I am bound by all the terms of this contract and that the inspection fees are immediately due and payable upon completion of the inspection.
SCOPE OF THE INSPECTION
Company will perform a limited visual inspection to identify the general features and major deficiencies of the property in accordance with the American Society of Home Inspectors "Standards of Practice" (available upon request). The inspection will address major components and systems such as: site grading, structure, roof, heating & cooling, visible portions of plumbing & electrical systems, built-in appliances, doors and windows to provide the Client with a better understanding of the property conditions. Any area, which is not exposed to view or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings, or any other item, is not included in this inspection. Items not addressed in the inspection report are to be considered not inspected. The inspection does not include any destructive testing or dismantling. Client agrees to assume the risk for all conditions that are concealed from view at the time of the inspection or are outside the inspection scope. This is not a warranty, guarantee, insurance policy or substitute for the seller property disclosure.
Whether or not they are concealed, the following are OUTSIDE THE SCOPE OF THIS INSPECTION: Cosmetic or subjective defects; building code or zoning ordinance violations; geological stability or soil condition; flood potential determination; structural certification or engineering analysis; presence/damage caused by termites, pests or dry rot; building value appraisal; insurability of property; cost estimates; specific components noted as being excluded in the inspection report; systems shut down or inactive; private water or sewage systems or any component thereof; buried piping; drip & bubbler systems; fountains; shower pans; saunas; mist systems; steam baths & equipment; ponds; outbuildings of any kind except garage or carport; landscaping; playground equipment; buried or not visible foundations; BBQ's; radio-controlled devices; automatic gates; elevators; central vacuum systems; load control devices; audio/alarm/intercom systems; thermostatic, motion, light sensitive, and time clock controls; telephone or television systems; security/display lighting; water conditioners or circulating devices; solar systems; fire sprinklers & piping; hidden moisture or the hermetic seal of dual-glazed windows and skylights; sink/tub overflows; heat exchangers; freestanding appliances, or other personal property; gas fired cooling systems; humidifiers; electronic air cleaners; environmental conditions such as asbestos, radon, formaldehyde, lead, water pollutants, mold/fungus, sick building syndrome, air quality, toxic or flammable substances, electromagnetic fields; adequacy or efficiency of any system, or prediction of life expectancy; manufacturer's recalls. The inspection will not include any area that has access or clearance less than twenty-four inches in any direction, or is not safely accessible from a fourteen-foot ladder.
Your inspector is a property inspection generalist and is not acting as a licensed engineer or expert in every trade. If your inspector recommends consulting other specialized experts, Client agrees to do so at Client's expense. Any items not specifically addressed in the written report are considered beyond the scope of this inspection and are excluded. No verbal statements or information provided as a courtesy by the inspector shall expand the scope of the inspection or take precedence over the inspection report.
I HAVE READ AND AGREE TO THE ABOVE SCOPE OF INSPECTION.
Client Code & Inspector (as witness) Code Here ___________________
USE BY OTHERS: The inspection and report are performed and prepared for the sole, confidential and exclusive use and possession of the Client only. The report is not for use or to be relied upon by any third party. Receipt of this report by any purchasers of the property (other than the above listed Client) is strictly prohibited. Client agrees to indemnify, defend and hold Company harmless from any third party claims arising out of Client's unauthorized distribution of the inspection report.
LIMITATION OF LIABILITY
Company's liability for undetected/undisclosed defects in this inspection and report is limited to a maximum period of one year from date of inspection and is limited to a refund of the fee paid. The liability of the Company's principals, agents, sub-contractors, and employees is also limited to the fee paid. This liability limitation is binding on Client and Client's spouse, heirs, principals, assigns and anyone else who may otherwise submit a claim through the Client. Customer assumes the risk of all losses greater than the fee paid for the inspection. Client agrees to immediately accept a refund of the fee as full settlement of any and all claims that may arise from this inspection. This liability limitation may be removed by electing to have an exhaustive inspection under separate direction, contract and scope at an estimated cost of 3 to 4 times that of a limited visual inspection. If a dispute arises from the inspection, Client agrees not to alter, repair or modify any disputed component or condition without the Company re-inspecting the situation following written notice from Client. Failure of Client to provide written notice and the opportunity to re-inspect the component or condition prior to repair shall result in the forfeiture of Clients right to a claim/refund. Any dispute relating to this contract or breach thereof shall be settled by Mediation using an ASHI Mediator or, if unsuccessful, by Binding Arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the arbitration award rendered may be entered in any court having jurisdiction.
Client and/or Client Representative(s) are responsible for their own safety during the inspection. Use of inspector's equipment is at your own risk. Company specifically advises against entering dangerous areas or manipulating equipment. Client is responsible for any damage caused to property components and systems resulting from the inspection. The inspection is performed for the purpose of informing the Client of the condition of the property on the day of the inspection. If any stated limitation or standard is exceeded it is done solely at the inspectors option and does not void the terms and conditions of this contract. Furthermore, if any portion of this contract conflicts with local statutes, only those sections are to be amended, the balance of the contract applies as stated. This report contains technical information that may not be understandable to the layperson. If you have questions about any part of this report it is your responsibility to consult with the inspector. Company is not responsible for report misunderstandings resulting from the failure to request a clarification.
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(s). If this Agreement is executed on behalf of Client by any third party, the person executing this Agreement expressly represents to Inspector that he/she has the full and complete authority to execute this Agreement on Client's behalf and to fully and completely bind Client to all of the terms, conditions, limitations, exceptions and exclusions of this Agreement. Use or reliance on the findings of this inspection and report in any way binds the Client to the terms and limitations of the inspection as noted herein and within the aforementioned "Standards of Practice". This Agreement shall be governed by the laws of the State of Tennessee.
All inspection fees are immediately due and payable upon completion of the physical inspection of the property. I have read, understand and agree to all terms and conditions of this contract. I agree to pay the inspection fee.
