KELLER CORPORATION Of Charlotte Phone: 704-579-0133
P.O Box 723 FAX: 704-398-0526
Paw Creek, NC28130
Pre-Inspection Agreement
THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS AN ARBITRATION CLAUSE
PLEASE READ IT CAREFULLY
CLIENT: INSPECTION REQUESTED BY:
CURRENT ADDRESS:DATE OF REQUEST:
CITY, STATE, ZIP:DATE OF INSPECTION:TIME:
INSPECTION FEE:
ADDRESS OF PROPERTY TO BE INSPECTED:PAYMENT TO BE MADE:
[] At Inspection [] At closing (add $35 after 30 days)
______
Street, City, Zip
I/We (Client) request a limited visual inspection of the structure indicated above to be conducted by Keller Corporation of Charlotte. (Inspector), for My/Our sole use and benefit. I/We have obtained a right of entry to perform this inspection from the seller. I/We warrant that I/We will read the following agreement carefully and understand that I/We are bound by all the terms of this contract. I/We further warrant to read the entire inspection report when received and call the inspector with any questions I/We may have (704-579-0133.)
Client Initial Here ______
SCOPE OF INSPECTION
The scope of the inspection and report is a limited visual inspection of the general systems and components of the home to identifyany systems or components listed which do not function as intended and may be in need of immediate, major repair. The following systems and components are among those included:
STRUCTURAL COMPONENTS: Foundation, Floors, Walls, Columns or piers, Ceilings, Roofs.
EXTERIOR: Wall cladding, soffit &trim; Doors windows; Garage door operators; Decks, patios, etc.; Driveways; Vegetation, grading, and drainage
ROOFING : Roof coverings; Roof drainage systems; Flashings, chimneys, and roof penetrations
PLUMBING: Interior supply & distribution system; Interior drain, waste, & vent system; Hot water systems; Fuel storage & distribution systems; Sump pumps.
ELECTRICAL: Service equipment, overcurrent devices, and main and distribution panels; Ceiling fans, lighting fixtures, switches and receptacles:
HEATING: Equipment;Normal operating controls &automatic safety controls; Solid fuel heating devices; Fans, pumps, ducts, air filters, registers.
AIR CONDITIONING: Central air conditioning and through-the-wall installed cooling systems including
INTERIORS: Walls, ceiling, and floors; Steps, stairways, balconies, and railings; Counters and cabinets; A representative number of doors and windows.
INSULATION AND VENTILATION: Insulation vapor retarders; Ventilation of attics foundation; Kitchen, bathroom &laundry venting systems
BUILT-IN KITCHEN APPLIANCES: Dishwasher, Range, cook top, oven, Trash compactor, Garbage disposal, Microwave, range hood.
The inspection will be performed in compliance with the standards of practice of the NC Home Inspection Licensure Board & SC Dept. of Residential Builders. The scope of the inspection is limited to the items listed within the report pages. This is a visual inspection in which no systems or components will be dismantled. Much of the exterior and roof will be observed from the ground. Not all areas of the house are probed.Your inspector is a home inspection generalist and is not acting as a licensed engineer, contractor, or expert in any craft or trade. If your inspector recommends consulting other specialized experts, client must do so at client’s expense.
OUTSIDE THE SCOPE OF THE INSPECTION
This inspection is limited to the systems and components readily visual at the time of the inspection. Any area which is not exposed to view, is concealed, or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings, or any other thing is not included in this inspection.No personal items, furniture, appliances or other items obstructing view will be moved during this inspection to gain access.Client agrees to assume all risk for all conditions which are concealed from view at the time of the inspection. Any area or component that is potentially dangerous to the inspector or home will not be inspected or tested.This inspection is not technically exhaustive. No systems or components will be dismantled during this inspection. The clients agrees that some components, while being observed visually may display no signs of a problem but can have internal problems that are only visible if the component is dismantled by a specialist. Heating and cooling systems will not be operated in temperatures that may cause damage to the systems.
This is not a home warranty, guarantee, insurance policy or substitute for real estate transfer disclosures which may be required by law.
Whether or not they are concealed, the following ARE OUTSIDE THE SCOPE OF THIS INSPECTION:
-Building code, or zoning ordinance violations. -Structural stability of engineering analysis. -Termites, pests, or other wood destroying organisms
-Geological stability or soils conditions. -Building value appraisal or cost estimates - Detached buildings or recreational facilities.
-Lawn irrigation systems-Telephone, cable or satellite TV - Adequacy or efficiency of any system or component
-Pools or spas bodies underground piping. -Saunas or fixtures and equipment - Private water or private sewage systems.
-Underground utilities & fuel tanks -Radio-controlled devices & security alarms -Freestanding appliances, or personal property.
-Water purifiers/quality solar heating systems -Thermostats or timer accuracies -Electromagnetic radiation, environmental hazards
- Fences or gates, automatic gates, elevators, lifts-Furnace heat exchangers, -Asbestos, radon, formaldehyde, lead, air quality
-Window treatments, Cosmetic items-Specific Components noted as being excluded on the inspection report
I HAVE READ AND AGREE TO THE ABOVE SCOPE OF INSPECTION.
Client Initial Here______
Arbitration: Any disputes, 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 reports 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 the judgment on the award may be entered in any Court of competent jurisdiction.
USE BY OTHERS: The inspection report is for the sole use of the client. Unless otherwise stated, the client authorizes the inspector to distribute the report to the client’s real estate agent and/or lending company if requested. The Clients also authorizes the inspector to discuss the report findings with real estate agents and/or repairpersons for the purpose of making repairs. Ig the clients does not want the report to distributed to anyone, the client should cross out this paragraph and initial.
SEVERABILITY: Client and inspector agree that should a Court of Competent Jurisdiction determine and declare that any portion of this contract is void, voidable or enforceable, the remaining provisions and portions shall remain in full force and effect.
LIMITS OF LIABILITY: The inspector does not assume any of the risks associated with purchasing this property. Therfore, the Inspector/inspection Company’s liability for errors and omissions is limited to the amount paid by the Clients for the inspection. The clients agrees that is legal action is brought against the Inspector/Inspection Company by the clients and the client does not prevail, the client agrees to pay the inspection compensation for all time spent, preparing, traveling and attending all related events at the reate of seventy five dollars per hour plus all actual legal expensed and costs. The client agrees that this payment is not amendable by any arbitration process.
DISPUTES: Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the Subject Structure, as limited herein above, shall be made in writing and reported to the inspector within ten business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or client’s agents, employees or independent contractors, will make no alteration, modification or repairs to the claimed discrepancy prior to a reinspection by the inspector. Client understands and agrees that any failure to notify the inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.
LIQUIDATED DAMAGES
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 INSPECTOR/INSPECTION COMPANY in the performance of the limited visual inspection andproduction 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 failure to perform such services and in the case of failure to perform such services, and resulting loss. INSPECTOR/INSPECTION COMPANY’S liability hereunder shall be limited and fixed in an amount equal to the inspection fee paid, as liquidated damages, and not as a penalty, and this liability shall be exclusive.
No legal action or proceeding of anykind, including those sounding in tort or contract, can be commenced against Inspector/Inspection Company, or its officers, agents or employees more than one year after the date of the subject inspection. Time is expressly of the essence herein.
The written report to be prepared by inspector shall be considered the final and exclusive findings of the inspector regarding the inspection of the structure. Client shall not rely on any oral statements made by the inspector prior or subsequent to issuance of the written inspection report.
This agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors, assigns, agents, and representatives of any kind whatsoever.
This agreement constitutes the entire integrated agreement between the parties hereto pertaining to the subject matter hereof, and may be modified only by a written agreement by all of the parties hereto. No oral agreements, understandings, or representations shall change, modify, or amend any part of this agreement.
I/We have read, understand and agree to all the terms and conditions of this contract.
Client Signature: ______Date: ______
Keller Corporation of Charlotte:By: Lance Keller, President
Payment Requirement:
I understand that I am solely responsible for payment of this inspection whether or not I purchase this home. I agree to pay the fee listed below within 30 days of the inspection. A $35 fee will be added if payment is received 30 days after the inspection. I also understand there will be a $35 return check fee charge. In addition, I understand that I will be charged an additional trip fee if the house is not ready for inspection on the above date (utilities off, entry denied, etc.) and will also be responsible for any fees for re-inspections.
Client Signature: ______Date: ______
KellerCorp Pre-Insp. Agreement Pg. 1