HomeInspection Agreement

Inspection Agreement

Sherlock Homes Certified Home Inspections LLC

Inspection Agreement

(Please read carefully)

This Inspection Agreement is made and entered into by and between Sherlock Homes Certified Home Inspections LLC, referred to as “Inspector”, and you, referred to as “Client”. By accepting this agreement online, you agree that you understand and accept all terms. In consideration of the promise and terms of this Inspection Agreement, the parties agree as follows:

1. The client agrees to pay the fee agreed upon for the inspection of the “Property”, and garage or carport, if applicable, located at the agreed upon inspection address.

2. The Inspector will perform a visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection.

3. The parties agree that the “Standards of Practice” (the “Standards”) of the International Association of Certified Home Inspectors (“InterNACHI”) posted at http://www.nachi.org/sop.htm shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. Client agrees that the Standards have been read and understood (the Standards can also be read online by clicking the appropriate link on bottom of the first page of http://www.sherlockhomesweb.com).

4. Systems, items, and conditions which are not within the scope of the building inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, other environmental hazards; pest infestation; security and fire protection systems; household appliances; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational equipment or facilities; underground storage tanks, energy efficiency measurements; concealed or private secured systems; septic systems; water wells; heating systems accessories; solar heating systems; sprinkling systems; water softener; central vacuum systems, telephone, intercom or cable TV systems; antennae, lightning arrestors, trees or plants; governing codes, ordinances, statutes and covenants and manufacturer specifications. Client understands that these systems, items and conditions are not included in this inspection unless otherwise agreed to. Any general comments about these systems, items and conditions not within the written report are informal only and DOES NOT represent the inspection.

5. It is understood and agreed to by both parties that Inspector is not an insurer and is not insuring the property against future failures or the future condition of this property, its structural components, or its various plumbing, mechanical and/or electrical systems. Virtually every home will have some flaws and defects not identified in the report. Some defects will be elusive to the Inspector. The risk of unexpected problems is not eliminated; the risk is only reduced.

6. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.

7. The Client understand that Sherlock Homes Certified Home Inspections LLC and its representatives are participants in Boston Environmental’ s Tank Sure Program. For the client(s) to receive a $1,000 tank replacement warranty (free for the first year) and the ongoing proactive tank replacement process, as well as potential discounts on their insurance premiums, it may be necessary to forward client contact information to Tank Sure participating fuel oil suppliers and insurance providers. The client understands and agrees that contact information may be forwarded to facilitate the activation of the warranty and insurance discounts. The inspector makes no representation or warranty concerning the useful remaining life of the oil tank(s) or tank system components.

8. The Inspection and report are performed and prepared for the sole and exclusive use and possession of the Client. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this Agreement, makes any claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this Agreement, the Client agrees to indemnify, defend and hold harmless Inspector from any and all damages, expenses, costs and attorney fees arising from such a claim.

9. The Inspection will not include an appraisal of the value or a survey. The written report is not a compliance or code inspection or certification for past or present governmental, State or Town codes or regulations of any kind.

10. In the event that the Client feels that there has been a misrepresentation of the property or its components by Inspector, the Client agrees to notify Inspector within 30 days following the discovery, and to allow Inspector an opportunity to re-examine these conditions before making any remedial repairs. Failure to do so will void any further responsibility of Inspector. If requested, the Client agrees to obtain at least 3 detailed written estimates of any remedial repairs or replacements and the cost of repairs involved.

11. In the event that a dispute or claim arises, it is agreed that the dispute or claim will first be mediated between both parties. Any legal action must be brought within one (1) year from the date of the inspection or will be deemed waived and forever barred. If the Client makes a claim against Inspector for any alleged error, omission or other act arising out of this inspection and/or inspection report and fails to prove such claim, Client will pay all attorney’s fees, arbitrators’ fees, legal expenses and costs incurred by the Inspector in defense of the claim. Client further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or Inspector’s relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim. In any action against InterNACHI, Client waives trial by jury.

12. If the Client or any third party makes a claim that Inspector has been negligent in making the inspection and/or preparing the report, or if the Client is not satisfied that Inspector has fully satisfied its obligation and duties under this inspection agreement, all parties agree that any claim against Inspector will be limited to the greater of double the home inspection fee paid by the client or $1,000. This limitation applies to every type of claim or cause of action arising out of or related to this agreement, inspection or report, including but not limited to breach of contract, negligence or violation of an Unfair Trade Practices Act.

13. Payment of the fee to Inspector (less any deposit noted above) is due upon completion of the on-site inspection. The Client agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If Client is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity. If Client requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.

14. This Agreement, including the terms and conditions, represents the entire agreement between the parties and there are no other agreements either written or oral between them. This Agreement shall be amended only by written agreement signed by both 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. This Agreement shall be construed and enforced in accordance with the laws of the State of Maine, and if that state’s laws or regulations are more stringent than the forms of the agreement, the state law or rule shall govern. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged.

DEFINITIONS:

1.    Apparent Condition: Systems and components may be rated as follows:

SATISFACTORY Indicates the component is functionally consistent with its original purpose but may show signs of normal wear and tear and deterioration.

MARGINAL Indicates the component will probably require repair or replacement anytime within five years.

POOR – Indicates the component will need repair or replacement now or in the very near future.

MONITOR Indicates system or component should be inspected periodically for potential problems

MAJOR CONCERNS A system or component that is considered significantly deficient or is unsafe.

REPAIR OR REPLACE – A system or component that needs to be repaired or replaced and may be deficient or unsafe.

SAFETY HAZARD Denotes a condition that is unsafe and in need of prompt attention.

2. Installed systems and components: structural components; exterior; interior; roofing; plumbing; electrical; heating; central air-conditioning (weather permitting); insulation and ventilation.

3. Readily accessible systems and components: only those systems and components where Inspector is not required to remove personal items, furniture, equipment, soil, snow, or other items which obstruct access or visibility.

Thermal Imaging Addendum to Inspection Contract

This is an addendum to the Agreement regarding the inspection of the property agreed to online or in person.

Thermal imaging is a technology that allows the Inspector to show you things about your home that no one can show you using other inspection methods. Thermal imaging produces images of invisible heat energy emitted from objects and systems in the home and allows us to measure or compare it by use of different picture pallets based upon differences of heat levels. As a home inspector, thermal temperature measurements are not deemed to be exact, but are the “Apparent Temperature”. For building thermography, the exact temperatures are really not needed to determine anomalies. Thermal imaging helps to diagnose the problem rather than merely identify symptoms and can sometimes, but not always, identify and document: Missing, damaged, and/or wet insulation, heat loss and air infiltration in walls, ceilings, floors, windows and doors, water and moisture intrusion that could lead to mold, hidden roof leaks, before they cause serious damage, air conditioner compressor leaks, structural defects, broken seals in double pane windows, energy loss and efficiency, dangerous flue leaks, damaged and/or malfunctioning radiant heating systems, unknown plumbing leaks, overheated equipment. These color images MAY then be included in the inspection report providing supporting documentation to the report

Client requests and authorizes Inspector to perform a thermal imaging scan on the structure at the original inspection address and subject to the following:

  1. Inspector’s liability arising for any damages allegedly arising out of any aspect of the thermal imaging service shall be subject to and limited by the terms of the Inspection Agreement and all terms of the Inspection Agreement are incorporated herein by reference.
  2. The thermal imaging scan will be limited in scope to the equipment used by Inspector. The inspection will be a non-invasive and non-destructive examination of the visible, safely and readily accessible portions of the interior and/or exterior of the structure for atypical temperature/thermal variations.
  3.  Thermal imaging services do NOT include any inspections, examinations, testing or evaluations for harmful, dangerous, or toxic substances or materials or environmental hazards including but not limited to: mold, bio-aerosols, radon, lead, asbestos, non-biological airborne particulates, contaminants, petroleum products, petrochemicals, radioactive materials, electromagnetic radiation, plant, animal, or insect secretions or excretions. Infrared cameras are not moisture meters but can aid in identifying areas that warrant further investigation. If Inspector offers any information or opinions about any of the forgoing, this information shall be deemed to be informational only and supplied as a courtesy to the Client and shall not be deemed to be an amendment to this addendum or the inspection agreement.
  4. All of the other terms of the Inspection Agreement are incorporated herein by reference.

Addendum to Contract Regarding Log Home Inspections:

Should the home being inspected consist of log construction, Client further understands and agrees to the following. All of the other terms of the Inspection Agreement are incorporated herein by reference.

1. COMPLIANCE WITH CODES AND STANDARDS. Confirming compliance with any building codes or standards relating to log home construction which are set forth by any agency, organization, council or association lies beyond the scope of the General Home Inspection or Log Home Inspection.

2. COMPLIANCE WITH ENGINEERING OR MANUFACTURER’S SPECIFICATIONS. Because there exists a multitude of log home builders offering both manufactured and handcrafted homes, each using a method often of their own choosing and invention and often requiring that the contractor building or assembling the home adhere to a similar multitude of proprietary engineering specifications, the adherence to most of which cannot be confirmed without disassembly of the relevant home component, inspecting for compliance with any Manufacturer’s Building or Engineer’s Specifications lies beyond the scope of the General Home Inspection or Log Home Inspection. This includes any systems or components designed to accommodate or adjust for continual settling of logs in log walls.

3. FINISH COATING INSTALLATION. Confirming proper preparation for installation or any installation of any log finish coating, both interior and exterior, would require examination prior to or during the installation of such finish coating, and as such lies beyond the scope of the General Home Inspection or Log Home Inspection.

4. HIDDEN WOOD DECAY. Although the Inspector uses techniques such as probing and visual examination in an effort to determine the presence of wood decay in the logs of log structures, these techniques are not technically exhaustive and will not reveal the presence of wood decay hidden in inaccessible places, such as log cores and/or the intersections of log walls. For this reason, locating or identifying wood decay which is not readily visible or decay of logs in inaccessible areas of log homes lies beyond the scope of the General Home Inspection or Log Home Inspection.

5. INSECT INFESTATION. The Inspector will perform an inspection for wood-destroying insects using techniques such as probing and visual examination in an effort to determine the presence of wood infestation. These techniques are not technically exhaustive and will not reveal the presence of insects hidden in inaccessible places, such as log cores and/or the intersections of log walls. For this reason, locating or identifying wood destroying insects which are not readily visible or in inaccessible areas of log homes lies beyond the scope of the General Home Inspection or Log Home Inspection. If insects are suspected, recommendations will be given.

6. PROPER CHINKING INSTALLATION. Confirmation that proper preparation and installation of chinking designed to seal gaps between logs would require examination prior to or during installation and the Inspector specifically disclaims any chinking defects not readily visible at the time of the inspection.

7. SETTLING AND SEISMIC ACCOMMODATION. Systems and components designed to accommodate settling or resist seismic activity are often not readily visible at the time of an inspection and the Inspector disclaims responsibility for identifying these systems or components and any damage or defects resulting from their neglect.

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