Lamplighter Home Inspection LLC Company and Client Agreement
Clients Full Name:______Inspection Date:______
Mailing Address:______City/State/Zip:______
Phone:______Email:______Agent:______Phone:______
Address Inspected:______City/State/Zip:______
Please read this contract carefully and note any questions you may have. This is the inspection agreement which will be reviewed prior to the home inspection. The contract must be agreed upon and signed by client before the home inspection can take place. All questions will be gladly addressed by your inspector. Client has full freedom to refuse this contract (and the inspection) should there be any part herein which he/she finds unacceptable.
**Client(s), hereinafter referred to, regardless of number, as the “Client,” requests a limited visual inspection of the residential structure identified at the above address by Lamplighter Home Inspection LCC inspector Mike, herinafter referred to as the “Company.” Client hereby represents and warrants that all approvals necessary have been secured for the Company’s entrance on to the property.
**Company agrees to conduct an inspection for the purpose of informing Client of the general condition of the property, including major deficiencies which may constitute safety and/or functionality issues. The inspection is essentially visual, not technically exhaustive, and does not imply that every defect will be discovered. Company agrees to perform a limited visual inspection of the residential structure at the above address and to provide Client with a written inspection report regarding the apparent general condition of the structure’s systems and components observed only at the time of inspection. Latent and concealed defects and deficiencies are excluded from the inspection. Inspection is only of those areas which are exposed to view and/or can be observed utilizing normal homeowner controls and means of access. Inspection does not include the dismantling of any system, nor destructive testing. This report is not a code compliance inspection or certification for past or present governmental codes or regulations of any kind. Company inspector is a home inspection generalist and is not acting as a licensed engineer, technician, or expert in any craft or trade. Inspector may offer comments as a courtesy, but these comments will not compromise the bargained-for report. The report is only supplementary to the seller’s disclosure. If the inspector recommends consulting an expert for any reason it is done at the Client’s expense.
**Company agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (InterNACHI). Client understands that these standards contain limitations, exceptions, and exclusions. Client understands that Company will NOT be testing for the presence of radon. Client understands that Company will NOT be testing for mold. Client understands that Company will NOT test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. Client understands and agrees that the written report to be prepared by Company shall be considered the final and exclusive findings by Company of the structure. Client understands and agrees not to rely on any oral statements made by the inspector. Client further understands and agrees that Company reserves the right to modify the inspection report for a period of time that shall not exceed forty eight (48) hours after the inspection report has first been delivered to Client.
**The inspection and report are for the use of Client only, Company 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 Company from any liability whatsoever. Client understands and agrees that the inspection and inspection report do not constitute a guarantee or warranty of merchantability or fitness for a particular purpose, expressed or implied, nor an insurance policy, nor are they a substitute for real merchantability or fitness for a particular purpose, expressed or implied, nor are they a substitute for real estate transfer disclosures which may be required by law. THE INSPECTION AND REPORT ARE NOT INTENDED TO BE USED AS A GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE ADEQUACY, PERFORMANCE OR CONDITION OF ANY INSPECTED STRUCTURE, ITEM OR SYSTEM. COMPANY IS NOT AN INSURER OF ANY INSPECTED CONDITIONS.
**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 by an exterior visual inspection. 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 that are not visible by an exterior visual inspection.
**Client understands and agrees that all equipment and tools utilized by inspector including but not limited to ladder and testing equipment are for inspectors use only and must not be used by Client or accompanying persons.
**Client understands and agrees that any claim arising out of, or related to any error or act of omission in connection with the inspection of the residential structure, as limited herein, shall be reported to the Compamy in writing within three months after the Client discovers, or should have discovered the claimed error, or act of omission. Client understands and agrees that any failure to notify Company as stated above shall constitute a waiver of any and all such discovered claims Client may have against the Company. It is understood and agreed by and between the parties hereto that Company’s LIMITATION OF LIABILITIES for errors or omissions in the inspection report, except in the case of fraud or gross negligence, is limited and fixed to a refund of the fee paid for the inspection and inspection report. The prevailing party in any dispute arising out of this agreement, the inspection, or report(s), shall be awarded all attorneys’ fees and other costs.
**Client understands and agrees that should a court of competent jurisdiction determine and declare that any portion of the contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect.
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 determine whether or not they are apparently functioning as intended at the time of inspection. The inspection will be performed in compliance with InterNACHI standards of practice. These can be viewed in entirety at . The scope of the inspection is limited to the items listed within the report pages.
OUTSIDE THE SCOPE OF THE INSPECTION
Any area which is not exposed to view, is concealed, or is inaccessible because of and not limited to soil, walls, floor, carpets, ceilings, furnishing, items in storage, weather or seasonal conditions is not included in this inspection. The inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection.
Whether or not they are concealed, the following ARE OUTSIDE THE SCOPE OF THIS INSPECTION:
*Code or zoning ordinance violations *Geological stability or soils conditions *Structural stability or engineering analysis *Termites, pests or other wood destroying organisms *Asbestos, radon, formaldehyde, lead, water or air quality *Electromagnetic radiation or any environmental hazards *Building value appraisal or cost estimates *Conditions of detached buildings *Pools or spas and underground piping *Specific components noted as being excluded on the individual system inspections forms *Private water or private sewage systems *Saunas, steam baths or fixtures and equipment *Radio-controlled devices, automatic gates, elevators, lifts *Dumbwaiters and thermostatic, humidistatic, or time clock controls *Water softeners/purifiers systems or solar heating systems *Furnace heat exchangers, freestanding appliances, security alarms or personal property *Adequacy or efficiency of any system or component *Prediction of life expectancy of any item
ARBITRATION: Any disputes concerning the interpretation of the agreement or arising from this inspection and report, except one for inspection fee payment, shall be resolved informally between the parties or by arbitration conducted in accordance with the rules of a recognized arbitration association except that the parties shall select an arbitrator who is familiar with the home inspection industry. The arbitrator shall conduct summary judgment motions and enforce full discovery right as a court would as provided in civil proceeding by legal code.
CONDIFENTIAL REPORT: The inspection report to be prepared for Client is solely and exclusively for Client’s own information and may not be relied upon by any other person. Client agrees to maintain the confidentiality of the inspection report and agrees not to disclose any part of it to any other person. Client may distribute copies of the inspection report to the seller and the real estate agents directly involved in this transaction, but said persons are not specifically intended beneficiaries of this Agreement or the inspection report. Client and Inspector do not in any way intend to benefit said seller or the real estate agents directly or indirectly through this Agreement or the inspection report. Client agrees to indemnify, defend, and hold Inspector harmless from any third party claims arising out of Client’s unauthorized distribution of the inspection report.
**Client understands and agrees that should they decide not to purchase the home, based on findings of Company’s inspection, this does not constitute grounds for return of Company’s inspection fee.
**Client understands that Company’s inspection fee is due and collectable on site at the conclusion of the inspection and agrees to be present on site to render such fee, unless fee is prepaid.
**This agreement is not transferable or assignable.
Inspection Fee:______Paid in Cash______Check #______
I have read, understand, and agree to all the terms and conditions of this contract and agree to pay the fee listed above.
Signature of Client:______Date: ______
I have personally reviewed this contract with the Client and/or availed myself to Client for questions regarding the contract.
Signature of Inspector:______Date: ______
This form serves as Invoice upon completion and payment of fee