4. The Visual Inspection Service is performed in accordance with the
Standards of Practice as published by the Office of Banks and Real Estate
(OBRE) and according to these standards, is intended to provide the Client
with information regarding the condition of the systems and components of
the home as inspected at the time of the home inspection. The specific
systems and components of a building to be inspected are listed in these
Standards of Practice.
Any area which is not exposed to view, is concealed, or is inaccessible
because of soil, walls or wall coverings, floors or floor coverings, ceilings,
furnishings or any other thing, is NOT included in this inspection.
Client agrees to assume all the risk for all conditions which are concealed
from view at the time of the inspection.
5. The following are NOT included in the inspection:
• Recalls or Callbacks of any kind and from any source
• Latent or concealed defects
• Environmental hazards or conditions, including, but not limited to, all fungi,
toxic, reactive, combustible or corrosive contaminants, wildfire, odors,
noise, flood potential, electromagnetic fields, underground storage tanks,
asbestos, radon gas, lead paint, urea formaldehyde, PCB's, water or air
quality, the proximity to toxic waste sites, or other environmental or health
hazards
• Structural, geological, soil or hydrological stability, survey, engineering,
analysis or testing
• Permit research or validation, code, installation or zoning violations
• The examination of conditions related to animals, rodents, insects, wood
destroying insects, organisms, or the damage caused thereby
• Radio controlled devices or low-voltage systems or relays
• Security or intercom systems
• Elevators, lifts or dumbwaiters
• Thermostatic, time clock or photoelectric controls
• Water softener or purifier systems
• Furnace heat exchangers, solar heating systems and freestanding
appliances
• Window coverings
• The examination or operation of any sewage disposal system or
component including, but not limited to, septic tanks, cesspools, and/or any
underground system or portion thereof, or ejector pumps for rain or waste
• Landscape or farm irrigation systems
• The condition and/or irrigation of trees, shrubs or vegetation of any kind
• Any item which is hidden from view or impractical to test
• Any system or component not listed in the Standards of Practice of the
OBRE.
• Any system or component, condition, or application noted in the report as
not inspected, not determined, or not reported on
6. The Home Gauge report utilizes referenced narratives corresponding to
items listed on computer generated findings pages. The Client agrees to
read the entire report. The Client agrees to immediately contact the
Inspection Company for copies of any pages found to be missing from any
part of the report.
7. The report, including the use of signifying letter codes, is the
professional opinion of the Inspector, based on the accessibility of the
certain fixed components surveyed. Without dismantling parts of the
building and/or its components, and without full use of all utilities, the | Inspector may extrapolate conclusions which cannot be confirmed during
the inspection.
8. The Inspection Company does not offer any warranty or insurance for
the Client or any other person in connection with the Inspection Report.
THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, OF THE
INSPECTION SERVICE OR INSPECTION REPORT.
9. The Client agrees to submit to the Inspection Company, in written form,
any claims or complaints prior to taking any action,and or repairs thereupon.
Any legal action or proceeding of any kind, whether sounding in tort or
contract, against the Inspector/Inspection Company or its officers, agents,
or employees, must be brought within one (1) year from the date of the
inspection or will be deemed waived and forever barred.
10. Any dispute, controversy, interpretation or claim including claims for,
but not limited to, breach of contract, any form of negligence, fraud or
misrepresentation arising out of, from or related to, this contract or arising
out of, from or related to 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 judgement of the Award may be
entered in any Court of competent jurisdiction.
11. To the extent allowed by law, it is understood and agreed by and
between the parties hereto that the Inspector/Inspection Company is not an
insurer, that the payment for the subject inspection is based solely on the
value of the service provided by the Inspector/Inspection Company in the
performance of its limited visual inspection and production of a written
inspection report as described herein, that it is impracticable and extremely
difficult to fix the actual damages, if any, which may result from a failure to
perform such services, and a resulting loss that the Inspector/Inspection
Company's and its officers,' agents,' or employees' liability hereunder shall
be limited and fixed in an amount equal to one hundred fifty percent (150%)
of the inspection fee, as liquidated damages, and not as penalty, and this
liability shall be exclusive. The fee for this inspection and report is: $ |