4 CORNERS INSPECTIONS, LLC - HOME INSPECTION AGREEMENT
This contract limits the liability of 4 Corners Inspections, LLC. Please Read it Carefully, We Recommend You Have it Reviewed by Legal Counsel First.
This Home Inspection Agreement (hereinafter “Agreement”) is made and entered into by and between 4 Corners Inspections, LLC, a South Carolina Limited Liability Company (hereinafter "Inspector"), and ______Agreement, the parties agree as follows:
The Client will pay an inspection fee of ______for a general home inspection (hereinafter “Inspection”) of the "Property," being the residence and one garage or carport, if applicable, located at:
(Address):______
ELEMENTS INCLUDED IN THE INSPECTION
The Inspector will perform a limited time/scope visual inspection of, and prepare a written report on, the apparent condition of the readily accessible installed systems and components of the Property existing at the time of the inspection. The inspection will be performed in accordance with Standards of Practice for Residential Home Inspectors adopted by the South Carolina Residential Builders Commission. The purpose of a residential inspection is to disclose the general conditions of the building, improvements, mechanical systems and appliances as they exist on the day of the inspection. The scope of the residential inspection is a visual observation, with limited use of mechanical instruments, of readily accessible areas of the building, improvements, mechanical systems and appliances. The inspection is limited to areas and systems (if applicable to the Property) including the following Elements:
•grounds and appurtenances• roofing / guttering / other roof
components
•home exteriors / •garage / carport
•electrical
•basement / crawl space / slab
•plumbing / •heating / cooling
•attic
•general interiors and
•kitchen / appliances.
ELEMENTS NOT INCLUDED IN THE INSPECTION
The inspection is limited to identifying and disclosing observed general conditions. The inspection is limited to readily accessible areas. No disassembly of equipment or activating of equipment that has been "shut - down" will be performed. No opening of walls, moving furniture, appliances, stored items, walking on roofs or excavation will be performed. Concealed, camouflaged, or inaccessible conditions will not be exposed or inspected. Latent and concealed defects and deficiencies are excluded from the inspection. Cosmetic flaws and defects will not be a part of this inspection.
Systems, items, and conditions which are NOT within the scope of the inspection include, but are not limited to: the possible presence of or danger from any potentially harmful or hazardous substance or environmental hazards such as radon gas, urea formaldehyde, lead based paint, asbestos, toxic or flammable materials, carbon monoxide, molds, fungi, or other environmental hazards; the presence of, or damage caused by, termites or any other wood damaging insects or organisms; the presence of rodents and/or other pests or animals; portable household appliances; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational or leisure equipment or facilities such as swimming pools or swings; underground storage tanks; energy efficiency measurements; security and fire protection systems; water wells and septic systems; heating systems accessories; solar heating systems; sprinkling systems and landscape watering systems; water softener; central vacuum systems; telephone, intercom or cable TV systems and antennae; lightning arrestors; trees, plants and other vegetation; compliance with building codes or any other governing codes, regulations, ordinances, statutes, covenants and manufacturer specifications. CLIENT UNDERSTANDS AND AGREES THAT THESE SYSTEMS, ITEMS AND CONDITIONS ARE EXCEPTED FROM THIS INSPECTION. Any general comment about these systems, items and conditions in the written report are informal or informational only and DOES NOT represent inspection.
Client has carefully read the sections of this Agreement entitled INCLUDED IN THE INSPECTION and NOT INCLUDED IN THE INSPECTION and has been informed that additional inspection services are available at additional expense to address elements excluded from the general
home inspection provided hereunder. By initialing below Client declines additional inspection services.
CLIENT INITIAL HERE:______
RWS90-DAY LIMITED HOME WARRANTY4 Corners Inspections, LLC offers a complimentary 100-DAY LIMITED STRUCTURAL AND MECHANICAL WARRANTY issued by RESIDENTIAL WARRANTY SERVICES (RWS) for the exclusive benefit of the purchaser(s) of the Property. Under its Warranty RWC will pay up to $500.00 to repair failures of specified mechanical components and up to $2,500.00 to repair failures of specified structural components. The RWS Warranty is effective from the date of the inspection for a period of 100 days. Notice of any claim under the RWS Warranty must be received by RWS on or before the expiration of the limited warranty period. Claims procedures and other Terms and Conditions of the RWS Warranty are set forth in a e-mail that will be provided to the Client upon the completion of the inspection.
Inspector is not an employee, agent or representative of RWC.The RWS Warranty is issued by RWS, not 4 Corners Inspections, LLC. 4 Corners Inspections, LLC and its employees, agents or representatives make no warranties or guaranties in connection with the inspection or otherwise. / NO OTHER WARRANTIES OR GUARANTEES
The Client agrees and understands the Inspector is not an insurer or guarantor against defects in the structure, items, components or systems inspected. The residential inspection report is not intended to be a guarantee or warranty, express or implied, regarding adequacy, performance, or condition of any inspected building improvements, mechanical system or appliance, nor will it include or be considered to be any opinion or representation as to value or the advisability of purchase or suitability to use.
INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, HABITABILTY, CONDITION, PERFORMANCE OR ADEQUACY OF THE PROPERTY OR ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM. ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED ARE HEREBY DISCLAIMED.
LIMITATION OF LIABILITY
IT IS UNDERSTOOD AND AGREED THAT SHOULD 4 CORNERS INSPECTIONS, LLC, ITS AGENT, OR EMPLOYEES BE FOUND LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM A FAILURE TO PERFORM ANY OF ITS/THEIR OBLIGATIONS, WHETHER BASED UPON BREACH OF CONTRACT, TORT (NEGLIGENCE), ANY OTHER LEGAL THEORIES OR CLAIMS, OR OTHERWISE, THE LIABILITY OF 4 CORNERS INSPECTIONS, LLC, AND ITS AGENTS AND EMPLOYEES, SHALL BE LIMITED TO A SUM EQUAL TO THE INSPECTION FEE. 4 CORNERS INSPECTIONS, LLC, ITS AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LITIGATION COSTS.
Client has carefully read the sections of this Agreement entitled LIMITED INSPECTION GUARANTEE, NO OTHER WARRANTIES OR GUARANTEES and LIMITATION OF LIABILITY and understands and agrees by initialing below that the exclusive remedies and the limitations set forth are fundamental elements of the basis of the bargain between 4 CORNERS INSPECTIONS, LLC and Client and that the general home inspection services would not be provided without these limitations.
CLIENT INITIAL HERE:______
CLIENT RESPONSIBILITIES AND OBLIGATIONS
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 and the Client agrees not to not to furnish copies of the report to any other person or entity without the prior written consent of 4 Corners Inspections, LLC . 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.
Client agrees that he/she will promptly read the inspection report (including any attachments or addenda) in its entirety, that he/she will immediately bring any questions to the attention of the Inspector by phone or email, and that the Client will be deemed on notice of all findings and recommendations in the inspection report.
In the event of a claim by the Client that an installed system or component of the Property which was inspected by the Inspector was not in the condition reported by the Inspector, or that the Inspector otherwise failed to comply with the Agreement, the Client agrees to so notify the Inspector in writing. Client further agrees that he/she will not perform or allow any repairs or replacement to the Property without first giving Inspector 72 hours prior written notice of the intended repairs or replacement, and allow the Inspector to re-inspect the Property during that period before commencing such repairs or replacement, unless such repairs or replacement must be made immediately for safety reasons.
CLIENT ACKNOWLEDGES THIS BINDING AGREEMENT
By signing this Agreement Client:
A) Warrants that he/she has carefully read this Agreement in its entirety;
B)Agrees that the all the terms and conditions of this Agreement are reasonable, fair and binding;
C) Acknowledges that any questions about the Agreement, the inspection or the availability of additional inspection services have been answered to Client’s satisfaction;
D) Represents and warrants that if the inspection is being retained in connection with the purchase of real estate, that Client is signing this Agreement on behalf of all purchasing parties and is authorized to do so; and
E) Agrees that if the Client brings any claim or lawsuit against Inspector and Inspector refunds or offers to refund the inspection fee, then Client will be responsible for,
and obligated to reimburse Inspector for, any costs, including reasonable attorneys fees, incurred by Inspector thereafter in defending against such claim or lawsuit.
F) This inspection company has an affiliation with Residential Warranty Services (RWS) as a third party service provider. RWS provides additional value added services including your complimentary 100 Day Home Warranty, and RecallChek to determine if the inspected property has any dangerous recalled appliances. In signing this agreement you (a) authorize your inspector to provide your contact information (including telephone number) to RWS,(b) to waive and release and restrictions they may prevent RWS from contacting you (including by telephone), (c) authorize RWS to contact you regarding special home alarm offers.
Inspector Name: / Date:
CLIENT INFORMATION:
Name:______
Address:______
Phone: ______(Home);______(Work/Cell)______
Email Address: ______