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Inspection Agreement
Inspection Address:
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How We Inspect
The Client has requested a limited visual inspection to identify systems and
components in need of immediate repair. The inspection will conform to the
standards of the American Society of Home Inspectors (ASHI®) except as
specifically limited below and will include the following systems: roof,
structure, electrical, interior plumbing, heating and cooling, exterior siding
and trim, doors and windows, chimneys and fireplaces, driveways, walkways and
site grading. The evaluation will be based on limited observations that are
primarily visual and non-invasive. The inspection and report are not intended to
be technically exhaustive. Richard W. Walther Home Inspection, Inc., (RW Home
Inspection) will provide a written report that is a summary of observations and
unbiased opinions based on the experience of the inspector. The inspection is
not complete until the written report is received.
Your Presence Is Requested
The written report will not substitute for the Client's presence during the
inspection. It is impossible to fully describe any building in a written report.
The Client is urged to attend the inspection, and by failing to do so loses the
opportunity to learn important information about the condition of the property.
What We Don't Inspect
Many items are not included in the inspection, and the Client assumes all
responsibility and risk for those items. Any comments (either oral or in
writing) provided as a courtesy by the inspector relating to items not included
in the inspection are to be considered partial and incomplete, and not an
opinion of the inspector. The Client agrees to consult with independent experts
for more detailed information where needed. The following items are not included
in the inspection:
• Components not normally visible, obstructed from view, or not readily
accessible at the time of the inspection. Systems and components will not be
disassembled and will only be operated with normal user controls.
• Systems that are shut off or de-energized.
• The suitability, efficiency or recall of any component. Components will only
be inspected for functional operation.
• No engineering will be performed. The Client may elect to enter into a
separate agreement for engineering services and additional fees will apply.
• Potentially hazardous or toxic substances such as radon gas, urea
formaldehyde, asbestos, lead based paint, or contaminants in the structure,
soil, water or air.
• Biological hazards such as ants, termites, molds, fungi, dry-rot or other wood
destroying insects and/or organisms or the damage caused by them. If it is a
living organism it is not included in the inspection.
• Compliance or non-compliance with any governing codes, laws or restrictive
covenants, past or present. We do not search public records.
• Cosmetic items such as paint, other finish treatments, floor coverings, minor
cracks and window treatments.
• The inspection does not cover: sprinkler systems; humidifiers; electronic air
filters; detached buildings (other than garages); recreational equipment or
facilities (including spas, pools or play equipment); private water supply or
treatment systems; private sewage disposal systems; fences; central vacuum
systems; trees or landscaping; low voltage and communication systems; security
and fire protection systems; solar heating systems; timers and controls. Unique
and/or technically complex systems or components are not included.
• Although a reasonable effort will be made to examine the inside of the
furnace, most of the heat exchanger is not accessible without disassembly. This
is not a complete evaluation of the heat exchanger.
• No report is made on property value, insurability, survey, geologic stability,
soil or groundwater conditions, suitability for any use, or the advisability or
inadvisability of purchase of the property.
• Moisture staining and structural cracks are indications of prior conditions.
We cannot determine whether the conditions causing stains and cracks have been
corrected or are still present.
• Neither the inspection nor the report are substitutes for any real estate
transfer disclosures by the seller that may be required by law.
• The inspection is only to identify the condition of the property, and does not
provide methods to repair or cost estimates.
No Warranty & Limitation of Liability
The inspection is intended to reduce risk, but cannot eliminate risk. The Client
acknowledges that RW Home Inspection will not observe every square inch of the
structure, that RW Home Inspection could fail to see or note a defect, and that
defects may exist that cannot be detected by visual inspection only. The Client
agrees that the inspection and report in no way lessen the risk or likelihood of
repairs or replacements being needed at any time in the future, including the
day after the inspection. The inspection and report DO NOT CONSTITUTE A WARRANTY
OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED. RW Home Inspection and its
employees or agents shall not be held liable for the cost of repairing any
defects or deficiencies, whether present at the time of the inspection or
arising in the future, or for any consequential property damage or bodily injury
of any nature. The Client agrees that the liability of RW Home Inspection and of
its inspectors, employees or agents for claims or damages arising out of errors
or omissions in the inspection or report SHALL BE LIMITED TO THE AMOUNT OF THE
FEE FOR THIS INSPECTION. This amount shall be deemed liquidated damages, and the
Client agrees to immediately accept a refund of the Fee as a full settlement of
any and all claims, which may ever arise from the inspection. In the event the
Client would like the limitation of liability removed, the Client may elect to
enter into a separate agreement with RW Home Inspection providing for a more
exhaustive inspection of the home by a team of experts contracted by RW Home
Inspection. The cost for said inspection shall be determined by RW Home
Inspection in the separate agreement, based on factors such as the age and size
of the home, and the risks and costs associated with such inspection.
Third Parties
The inspection and report are confidential, and are made for the sole use and
benefit of the Client. No other party has the right to rely on the inspection
and report for any reason, including, but not limited to, any seller or real
estate agent. Client will not disclose any part of the report to any other
party, including insurance company, home warranty company or title company. In
the event Client does distribute the report to third parties, the Client accepts
full and complete responsibility for the consequences of distributing the report
to such third parties. The Client agrees to indemnify, defend, and hold harmless
RW Home Inspection and its inspectors, employees and agents for all costs,
expenses and legal fees incurred from any claims by other parties in connection
with this inspection.
If We Have a Dispute
Any claim for failure to perform under this contract will be reported to RW Home
Inspection in writing within ten business days of discovery. RW Home Inspection
will have the absolute right to re-examine the item or component in question
(including an independent second opinion) before any repairs or replacements are
undertaken. Failure to allow said examinations will constitute a full and
complete waiver of any and all claims against RW Home Inspection. Any claim must
be brought within one year from the date of the original inspection, and failure
to bring such action within this time frame is a full and complete waiver of any
rights that may have arisen from the inspection and report. Time is expressly of
the essence herein. This time period may be shorter than otherwise provided by
law.
Arbitration
Except for the matter of the payment of the inspection fee to RW Home Inspection
as provided for herein, any matter concerning the interpretation of this
agreement, the inspection or written report will be submitted to binding
arbitration under the Construction Industry Arbitration Rules Of The American
Arbitration Association. The arbitrator will be a member in good standing of
ASHI®. The decision of the Arbitrator will be final and judgment on the Award
may be entered in any Court of competent jurisdiction. The prevailing party will
be awarded all costs of defense, including attorney's fees.
Last of the Fine Print
This agreement represents the entire understanding between the parties, and no
prior or subsequent agreements, oral or otherwise, shall be of any force and
effect. Headings (such as Last of the Fine Print or bold-faced text) are
intended only for convenience and are not to be considered in construing this
agreement. New York State law will govern this agreement. If any portion of this
agreement is found to be void or unenforceable by any court or arbitrator, the
remaining terms will remain in full force and effect. Each party signing for the
Client represents that they have full authority to make this agreement on behalf
of the Client. If this agreement is signed on behalf of the Client by any third
party, the person signing this agreement expressly represents to RW Home
Inspection that they have the full authority to execute this agreement on behalf
of the Client, and to fully bind the Client to all of the terms and conditions
of this agreement.
The undersigned acknowledges that they have read this agreement, fully
understand the agreement, agree to be bound by the agreement, including the
terms, conditions and limitations described above, and have received a copy of
the agreement.
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RW Home Inspection
