THIS AGREEMENT made by and between Home Spectors of the Triad Inc. (hereinafter referred to as “INSPECTOR”) and the undersigned (hereinafter referred to as “CLIENT”), collectively referred to herein as “the Parties.” The Parties Understand and Voluntarily Agree as follows:(1) Scope of Inspection. Inspector agrees to perform a visual inspection of the home/building and to provide Client with awritten inspection report identifying the defects that Inspector both observed and deemed material. Inspector may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller’s disclosure.(2) Re-inspection. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement and may include an additional fee.(3) Additional Services. Inspector does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the Client that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing.(4) Fee. Payment of the fee to Inspector (less any deposit noted above) is due upon completion of the on-site inspection. The Client agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If Client is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.(5) Standard of Practice. Unless otherwise inconsistent with this Agreement or not possible, Inspector agrees to perform the inspection in accordance to the current standards of practice as required by the Standards of Practice of the North Carolina Home Inspector Licensure Board.(6) Right of Entry. Client warrants that Client or Client’s agent have made all necessary arrangements with the selling party for Inspector to enter and inspect the property described in this agreement.(7) Disclosure to Third Parties. The inspection and report are performed and prepared for the use of Client, who gives Inspector permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. Inspector accepts no responsibility for use or misinterpretation by third parties.(8) Client Participation. Client is encouraged to participate in the inspection but Client does so at his/her own risk. Inspector shall have no liability for personal injury, property damage, or any other damages resulting from Client’s participation in the inspection.(9) Limitations on Home Inspection.(a) Radon. Unless requested and agreed upon, Client understands that Inspector will NOT be testing for the presence of Radon – a colorless, odorless, radioactive gas that may be harmful to humans.(b) Mold. Unless requested and agreed upon, Client understands that Inspector will NOT be testing for mold.(c) Code. Unless otherwise indicated below, Client understands that Inspector will NOT test for compliance with applicable building codes. No inspection is made with respect to public records, traffic density, noise, odors, building value appraisal, zoning ordinance conformance, or warranty or transfer disclosure. No check is made for building or housing code conformance.(d) Environmental. Unless requested and agreed upon, Client understands that Inspector will NOT test for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, water or air quality, and other environmental hazards or violations.(e) Log Homes. If any structure or portion of any structure that is to be inspected pursuant to this Agreement, is a log home, log structure or 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.(f) Heat Exchangers. Inspector does not inspect heat exchangers in any way and cannot be held liable for the condition of any heat exchangers.(g) No Guarantee or Warranty. Inspector’s inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement to the fullest extent allowed by law. Inspector assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. Client shall have no cause of action against Inspector after one (1) year from the date of the inspection.(h) Liquidated Damages. Client acknowledges that the liability of Inspector, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the Inspector’s negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the Inspector, and this liability shall be exclusive. Client waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the Client has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the Inspector and Client; and (iii) to enable the Inspector to perform the inspection at the stated fee.(i) Notice of Claim. In the event of a claim against Inspector, Client agrees to supply Inspector with the following: (1) Written notification of adverse conditions within fourteen (14) days of discovery, and (2) Access to the premises. Failure to comply with the above conditions will release Inspector and its agents from any and all obligations or liability of any kind.(j) Liability to Third Party. The intended use of the Inspection Report is for the Client only. No other party may rely on the Inspection Report and no other party may hold Inspector liable.(10) Miscellaneous Provisions.(a) Jurisdiction & Venue. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in Rockingham County. In the event that Client fails to prove any adverse claims against Inspector in a court of law, Client agrees to pay all legal costs, expenses and fees of Inspector in defending said claims.(b) Severance. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect.(c) Entire Agreement. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of Inspector or its agents shall be binding unless reduced to writing and signed by Inspector. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties.(d) Binding and Transferability. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. This Agreement is not transferable or assignable.(e) Residential Warranty Services. Your inspector has an affiliation with Residential Warranty Services (RWS), a third party service provider, in order to offer you additional value-added services including a complimentary RecallChek to help determine if the inspected property has any potentially dangerous recalled appliances, as well as a complimentary Home Warranty. By entering into this agreement you (a) authorize your inspector to provide your contact information (including telephone number) to RWS and/or its affiliate, (b) waive and release any restrictions that may prevent RWS and/or its affiliate from contacting you (including by telephone), and (c) authorize RWS and/or its affiliate to contact you regarding special home alarm system offers.(11) Dispute Resolution.Arbitration Clause. Any dispute, controversy, interpretation or clam including claims for, but not limited to, breach of contract, any form of negligence, fraud, or, misinterpretation 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 first to a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those stated please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof. Notice: You and we would have a right or opportunity to litigate disputes through a court and have a judge or jury decide the disputes but have agreed instead to resolve disputes through mediation and binding arbitration. Client has carefully read the foregoing, agrees to it, and acknowledges receipt of a copy of this Agreement.
