This is an Agreement between you, the undersigned ("CLIENT"), and AM Home Inspections (“Inspector”) collectively referred to herein as "the parties." The Parties understand and voluntarily agree as follows:
The terms below govern this Agreement.
1. You will pay us the sum of Total Inspection Cost for our inspection.
2. We will perform a visual inspection of the home/building and provide you with a written report identifying the defects that we (1) observed and (2) deemed material. The report is only supplementary to the seller's disclosure.
3. Unless otherwise noted in this Agreement or it is not possible, we will perform the inspection in accordance with the current Standards of Practice of the State of Indiana. You understand that these standards contain limitations, exceptions, and exclusions.
4. Unless otherwise indicated in writing, we will not test/inspect for the presences of 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, septic systems, sewage disposal, water supply, fuel storage, energy efficiency measurements; concealed or private secured systems; water wells; heating systems accessories; solar heating systems; sprinkler 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 excluded from this inspection. Any general NOTES about these systems, items and conditions of the written report are informal only and DO NOT represent an inspection. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, you understand that such structures have unique characteristics that may make it impossible for us to inspect and evaluate them. Therefore, the scope of our inspection will not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
5. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. INSPECTOR'S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
6. We assume no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. You agree that in all cases our liability shall be limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special, or incidental damages or for the loss of the use of the home/building. You acknowledge that the liquidated damages are not a penalty, but that we intend them to (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed upon fee.
7. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, we may inform you of this and you may hire us to perform additional functions. Any agreement for such additional services shall be in a separate writing.
8. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of adverse conditions within 7 days of discovery; and (2) access to the premises within 96 hours of notification. Failure to comply with these conditions releases us from liability.
9. 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 claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
10. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms or promises other than those set forth herein. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors, and assignees. You will have no cause of action against us after one year from the date of the inspection.
11. Payment of the inspection fee is due when we complete the inspection. You agree to pay all costs and attorney's fees incurred in collecting the fee owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.
12. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
13. You may not assign this Agreement.
14. If a court finds any term of this Agreement ambiguous or that it otherwise requires judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this Agreement.
15. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.
16. Limitations of Inspection: THE CRAWLSPACE OPENING WAS NOT LARGE OF ENOUGH FOR THE INSPECTOR TO ENTER
17. HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR, his employees, visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home.
You have the opportunity to consult qualified counsel before signing this Agreement. The client has the right to cancel this contract with-in 72 hours of signature. Notification needs to be in writing and emailed to [email protected] If the contract is cancelled, client must release the inspection report and all liability associated with the inspection is released from the inspector and inspection company.
BY USING ANY OR ALL OF THIS REPORT, CLIENT AGREES TO ALL CONDITIONS OF THE AGREEMENT.
Client has been informed of all testing/inspections as well as all limitations of each inspection that can be performed and has agreed not to have other inspections/testing done to the home except what is listed in the receipt page of this report.