Sample Inspection Contract
Purpose
The purpose of the inspection is to endeavor to detect the presence of home defects by performing a visual inspection of the readily accessible components of a home and provide a written report identifying the defects observed and deemed material.
Scope
The scope of the inspection is limited to a visible, non-invasive inspection of the readily accessible components of a home existing and apparent on the date and time of the inspection, utilizing the InterNACHI Standards of Practice as a guideline unless otherwise noted or not possible. The inspection excludes latent defects that cannot be reasonably detected. This is not a building code, title, or by-law compliance inspection. As a courtesy, the Inspector may note conditions that contribute to possible home issues or offer other commentary but such comments are not part of the inspection.
Release
The client hereby releases and waives any claim it may have against the Inspector and 20/20 for omissions that the client may have against the Inspector that may reasonably not be determined during the regular course of a visual inspection.
Client(s) agrees that 20/20 and Inspector shall not be responsible for any consequential, exemplary, special or incidental damages or for the loss of the use of the home/building whatsoever.
Not A Warranty
The inspection and the report are in no way a guarantee, warranty or insurance policy, express or implied, regarding the future use, operability, habitability, suitability of the home or that hidden defects do or do not exist. It is the responsibility of the Client to obtain from the home owner a disclosure of any known defects at the time of the inspection.
Exclusivity
The report is intended for the exclusive use and benefit of the Client. The Client agrees to give the Inspector permission to discuss observations with real estate agents or other interested parties. Inspector and 20/20 accept no responsibility for use by third parties and if the report is provided to another third party by you or any person acting on your behalf, you release Inspector and 20/20 from any liability and agree to pay any associated costs. This Agreement is not transferable or assignable.
Litigation
The parties agree that any litigation arising out of this Agreement shall be filed in Alberta. If Inspector and/or 20/20 is the substantially prevailing party in any such litigation, the Client shall pay all costs, expenses, and legal fees of Inspector and 20/20 in defending said claims.
Limitations
The inspection will NOT address environmental concerns including, but not limited to: air quality, water quality/quantity, sealed/underground fuel storage tanks, asbestos, radon gas, molds, toxins, lead paint, soil contamination. The inspection report will also NOT address infestation by wood boring insects, rodents or other vermin. The Client understands and acknowledges that it may be necessary to call on specialists in these areas to identify and evaluate these risks.
The inspection contract does not include an inspection of any outbuildings or other structures not attached to the dwelling other than a garage or carport.
The inspection will include an inspection of the following components of the dwelling unless access is limited, weather or other conditions do not permit it: roofing; flashings or chimney; exterior including lot gradings, walkways, driveways, retaining walls, patios and decks; structure; electrical; heating and cooling systems (visual condition only); insulation; plumbing; interior.
Entire Agreement
This Agreement represents the entire agreement between the parties. No statement or promise made by 20/20 or its respective officers, agents, contractors or employees shall be binding.
Payment
Payment of the fee set out in the receipt is due upon completion of the inspection. The Client agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any.
Report Delivery
Unless otherwise agreed to, the inspection report will be delivered to you the same day or following morning.
Severance and Enforceability
If any provision of this agreement is invalid under any applicable statute or is declared invalid by a court of competent jurisdiction, then it shall be deemed to be severed from this agreement provided, however, that the remainder of this agreement shall continue in full force and effect.If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so. If the Client is a corporation or similar entity, you personally guarantee payment of the fee.