Company:
Heartland Home Inspections-USA
Client:
_________________________________
Premises to be inspected: ________________________
Please read and sign this Pre-Inspection Agreement. It explains what we do
and do not do and what you can expect from an inspection. It also explains what
you must do. This agreement becomes a part of the report. Please note our
Limitation of Liability and Arbitration clause. You may call us for an
explanation of this agreement or any aspect of the report which you do not fully
understand.
PRE-INSPECTION AGREEMENT
What we do:
This report consists of the inspector’s findings, opinions
and observations and conclusion based on his judgment from a visual examination
of the exposed or readily accessible portions of the premises. No inspection
will be made of areas which are obstructed, hidden from view, concealed or
closed off. Although we will make as thorough an inspection of the premises as
is possible within the practical limitations and cost constraints of the task,
we will not do any destructive testing of any kind or degree. If you require
more certainty or more thoroughness than this report you should retain
specialist who will be willing to do such destructive testing.
Furthermore, we warn you that, while the premises and/or
equipment may appear to be in good condition and working order when examined,
certain defects may be concealed and may not be discoverable upon a visual
examination or may not be evident under the particular conditions existing at
the time of the inspection. Also, some defects may develop after we have
completed our inspection due to weather and many other factors. Some materials
can and do deteriorate rapidly. Also, many structural components have a limited
useful life that varies somewhat with exposure to the elements and the use and
care given such components. Since we seldom have a reliable way of knowing these
factors, it is difficult for us to say whether any part of the dwelling has any
given life expectancy.
What We Do Not Do:
a. The following is not included in this
inspection: 1. WATER OR AIR QUALITY 2. PRESENCE OF TOXIC OR CARCINOGENIC
MATTER EMITTED FROM THE GROUND, BUILDING MATERIALS, IN WATER OR AIR SUPPLY OR
FROM THE OPERATION OF ANY EQUIPMENT 3. ITEMS THAT ARE OBSTRUCTED, INACCESSIBLE
OR NOT IN PLAIN VIEW 4. MOLD OR MOLD TYPE.
- We do not inspect soil analysis, adequacy of design, capacity,
efficiency size, value, flood plain location, pollution, habitability,
environmental hazards such as asbestos, UFFI, EMF, lead base paint,
etc.
- We do not inspect the installation of propane, gas or oil
systems, we only inspect their functionality.
- We do not inspect for compliance with health department codes
or fire marshal codes, we do not inspect telephone jacks or
connections, we do not inspect sprinkler systems.
What You Must Do:
A. If you have any complaints about our inspection, you
must notify us in writing within seven days after you discover any problem,
and allow us to reinspect before changing the condition of the item, except in
an emergency.
B. You agree that, to the extent allowed by law, any damages
or breach of this contract or report are limited to the amount of the inspection
fee only.
C. If you sue on this inspection, but do not prevail, you
agree to pay all our reasonable attorney’s fees.
D. You shall not allow anyone else to use or rely on
this report without prior written consent.
Limitation of Liability and Arbitration Agreement:
It is understood and agreed that the Company (Heartland Home Inspections-USA) is not an insurer and that the inspection and report are not
to be intended or construed as a guarantee or warranty of the adequacy,
performance or condition of any structure, item or system at the property
address. The Client hereby releases and exempts the Company and its agents and
employees of and from all liability and responsibility for the cost of repairing
or replacing any unreported defect or deficiency and for any consequential
damage, property damage, or personal injury of any nature.
Any dispute, 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 report shall be
submitted to final and binding arbitration under the Rules and Procedures
of the Expedited Arbitration of Home Inspection Dispute of Construction
Arbitration Services, Inc. The decision of the Arbitrator appointed
thereunder shall be final and binding judgment on the Award that may be entered
in any Court of competent jurisdiction.
Acceptance and understanding of this agreement are hereby acknowledged:
_________________________________________
______________________________________
Client
Date
Company Representative
Date