CONTRACT FOR INSPECTION
RESPONSIBLE PARTY / CLIENT:
Current Owner
Potential Buyer
Agent
PROPERTY ADDRESS:
DATE:
FEE: $
BINDING ARBITRATION: This contract contains a provision for binding arbitration and notice is hereby given in that regard.
Initials:
LIABILITY LIMITATION:
The liability of Elite Inspection, LLC, and/or its employee(s)
and/or its agent(s), for duties performed herein, is completely,
totally, and exclusively limited to the amount paid by, or
on behalf of, the “ Responsible Party” designated herein,
as specifically designated herein as “ Fee”, with no warranties
of any nature or kind, express or implied, given to the “
Responsible Party” and/or any other third party(ies) related
to, pertaining to, with interest in, and/or relying thereon.
Initials:
NOT INSURANCE
/ LEGAL RECOURSE: This contract is not and should
not be interpreted or construed as “insurance” or “ legal
recourse” of any nature and/or kind, for any damage, loss,
and/or injury that may result and/or arise from the defect,
deficiency, imperfections, and/or improper function of items
encompassed and/or potentially encompassed herein. The written
opinion, referenced herein and issued after inspection, is
only a general assessment of the structure and the items therein,
and contains no guaranties, warranties, assurances, and/or
certifications otherwise, express or implied, of any nature
and kind as to the condition of items encompassed and/ or
potentially encompassed herein. Furthermore, Elite advises
Client to seek and purchase insurance and/or warranties available
through other parties to cover any and all risk(s) that may
be of concern.
Initials:
SCOPE OF INSPECTION SERVICES: At the
request of the Responsible Party (the “Client” ), Elite Inspection,
LLC and/or its employee(s) and/or its agent(s) (collectively
and/or individual referred to herein as “ Elite”), l WILL
PERFORM a LIMITED VISUAL INSPECTION (the “Inspection” ) of
the residential structure located at the ”Property Address”
noted above. Elite shall issue Client a written opinion "Report"
as to the apparent general condition of the structure at the
time of inspection, denoting any observed defects, deficiencies,
problems, and/or concerns noted by Elite during the inspection.
Client shall be responsible for and warrants that all necessary
approvals have been obtained by all parties in interest for
Elite to enter the property and dwelling for the purpose of
conducting the inspection. Client has been informed and understands
that the inspection and opinion are not intended to be technically
exhaustive, may not include every item in the structure, and
that all defects in the structure may not be found. During
the inspection, no equipment is disassembled, no walls are
opened, no furniture is moved, stored items are not moved,
and no excavations are performed.
The client is encouraged
to attend the inspection, but not required to attend. The
inspection may include the following items to the extent that
they pertain to the property, if known by and/or accessible
to Elite at the time of inspection. Said items as follows
are considered to be standard items encompassed by an inspection
of this nature and kind, recognized and generally accepted
by most nationally recognized inspector associations and/or
state and/or federal regulatory agencies: Grounds, Exterior,
Foundation, Crawl Space or Basement, Roof & Attic, Electrical,
Plumbing, Heating & Air Conditioning, Bathrooms, Kitchen
Appliances, Laundry Room, Interior, Fireplaces, Windows, Doors.
LIMITATIONS OF INSPECTION SERVICES: Elite WILL
NOT inspect and/or issue an opinion pertaining to items NOT
readily visible at the time of inspection. The Inspection
will not be invasive or technically exhaustive, and cannot
detect latent conditions or concealed defects such as sewer
line back-up or hidden structural damage. The Inspection is
intended to reduce risk but will not eliminate risk. Since
the Inspection will be based upon visual observations made
during a limited time period, Elite will not be responsible
for any condition affecting any system or component which
is intermittent and/or undetectable by visible means during
the Inspection. For the purpose of this contract, it shall
be mutually resolved between Elite and Client on the day of
the inspection, pertaining to any disputes that may arise
between the parties as to the “ visibility” of an item encompassed
and/or potentially encompassed herein, that said item WAS
NOT visible at the time of inspection, and that Elite is not
responsible for any damage, defects, and/or deficiencies of
said item in question and/or any loss and/or damage that may
result therefrom.
System Activation: Elite will not
inspect and/or issue an opinion on items which do not function
at the time of inspection due to inactive systems. Items and
issues pertaining thereto, but not limited to, are lighting
pilot lights, activating the main water, establishing gas
or electric systems, energizing electrical circuits which
are shut off or are otherwise inoperable or operate any system
or component which does not respond to normal operating controls.
Additional Exclusions: Although concerns about mold
may be addressed, this inspection is not a Mold Inspection.
The inspection will not include or address the following items,
and furthermore, the items are not an exhaustive list of exclusions
and Client should not construe said items as such: Code compliance,
Structure Durability, Environmental Concerns, Mold, Energy
Conservation Standards, Item Efficiency, Fitness for Purpose,
Flood or Seismic Risks, Underground Plumbing, Sprinkler Systems,
Items Future Life, Items Future Performance, Continued Foundation
Stability, Insurability, Merchantability, Value, Obsolescence,
Quality, Safety of Inspected Items, Septic systems, Wells,
Cisterns, Private Water Supplies, Water Quality, Water Volume,
Central Vacuum Systems, Solar Systems, Security Systems, Soils
Systems, Lead Paint, Asbestos, Radon, Flammable Materials,
Freezers, Remote Transmitters/Receivers, Floor Coverings,
Wall Coverings, Free Standing Kitchen Appliances, Self-cleaning
or Continuous-cleaning Capabilities of Ovens, Laundry Appliances,
Water Conditioners, Swimming Pools/Spas, Tennis Courts, Playground
Equipment, Recreational or Leisure Appliances, Insect Issues,
Wood Destroying Organisms, EIFS / Artificial Stucco. Unless
specifically stated otherwise, any opinion by Elite to Client
pertaining to any of the aforementioned items shall be considered
partial, incomplete, unsupported and general information.
Client cannot and should not rely upon any such opinions made
by Elite.
Additional Consultation - Examination: Elite
advises Client to seek a second opinion from an experienced
specialist in any given area/field/profession pertaining to
an item of concern found during Elite’ s inspection. Elite
offers no opinions as to the actual existence and/or extent
of damage pertaining to a particular item or effects that
may result therefrom. Elite will not issue estimates of costs
of potential repairs. Elite will not issue an opinion as to
the safety of the structure or any item contained therein,
but may not items that are not safe.
WRITTEN OPINION
: Elite will render a written and or electronic inspection
opinion outlining the condition of items inspected as they
existed at the time of the Inspection. The Opinion will
contain Elite’ s observations of the structure at the time
of inspection and may change should conditions change which
affect the items inspected. Although code compliance and engineering
evaluation are specifically excluded from the inspection,
some codes may be referenced as the basis for the opinion.
The inspection services to be provided may be further defined
and limited by the Opinion and any attachments thereto. Elite
will provide the Opinion to the Client, or Client's authorized
representative (person(s) ordering inspection, submitting
payment, or otherwise designated to represent the Client as
Agent). Distribution of copies of the Report to other parties
will be at Client's direction, or as otherwise specified by
law. The Report will not be released until payment is received
by the Company.
REINSPECTION: Should Client
discover the structure or item therein to be in questionable
condition and said condition be un-addressed in Elite’ s written
opinion, and said item be encompassed by the inspection, then
Client agrees to notify Elite, in writing, within fourteen
(14) days of the discovery of said condition and provide Elite
the opportunity to re-inspect the disputed item and document
any concerns prior to the commencement of repair or replacement
work pertaining thereto. Notwithstanding the above, immediate
repairs should be made, regardless of whether or not Elite
has been given the opportunity to re-inspect a condition,
should circumstances warrant immediate repair for the protection
of life and/or property. However, Client's failure to give
Elite notice and the opportunity to re-inspect an item where
immediate repairs are not required to protect life or property
shall preclude Client from pursuing a claim against Elite
based on that item.
DISCLAIMER OF WARRANTIES AND GUARANTEES:
Elite makes no guarantees and/or warranties, express and/or
implied, legal and/or equitable, of any nature and/or kind,
from loss, damage, and/or injury, to property and/or person(s),
as to any of the following:
1. That all repair needs and hazards
have been discovered or disclosed in accessible or inaccessible
areas.
2. That Elite will pay for, compensate, reimburse,
take liability for, repair, improve, and/or otherwise accept
responsibility in any capacity for undiscovered problems or
conditions.
3. That any of the items inspected are designed
or constructed in a good or workmanlike manner.
4. That any
of the items inspected will continue to perform in the future
as they are performing at the time of inspection.
5. That
the building will not experience or contain wood destroying
insect activity or damage.
6. That no guaranties and/or warranties
of any nature and kind pertaining to the fitness of use of
the property.
BINDING ARBITRATION: Any dispute,
controversy, claim, or suits at law, of any nature and/or
kind, legal and/or equitable, among the parties encompassed
herein and/or any foreseeable party related thereto, for any
reason, directly or indirectly, related to the inspection
and/or opinion conducted and issued by Elite on the property
and/or structure referenced herein shall be submitted to final
and binding arbitration under the applicable Code of Laws
for the State of South Carolina, incorporated herein by reference,
governing such proceedings and shall be the sole and exclusive
forum for the resolution of any and all disputes contemplated
herein this paragraph. The decision of an appointed arbitrator
shall be final and binding upon all parties and a judgment
on the award shall be entered in any Court of competent jurisdiction.
Under no circumstances shall any party be awarded attorney’
s fees and/or costs as part of any potential judgment, regardless
of the final disposition and resolution in favor of and/or
against a particular party. Furthermore, if any provision
of this agreement should be determined by an arbitrator or
court of competent jurisdiction to be in violation of or contrary
to state and/or federal law, then that specific provision
shall be held invalid, in and of itself, and the remaining
terms contained herein shall continue to be viable; AND, under
no circumstances, shall the invalidity of one provision of
this agreement constitute grounds for the invalidation of
this agreement in whole.
LIMITS OF LIABILITY:
Elite and Client agree upon inception of this contract that
the complete and total liability of Elite for errors and/or
omissions in the inspection and/or opinion conducted for and
issued to Client in reference to the property encompassed
herein is limited, fixed, maximized, and/or otherwise restricted
to a complete refund of the “ fee” paid by Client to Elite
for said inspection and opinion, and nothing more. Said “
fee” is noted on the first page of this contract. Client is
advised to note that the “ fee” charged by Elite for said
inspection and opinion is reflective of the fact that individual
experts and/or specialists on multiple specific issues pertaining
to residential structures were not used in the inspection
and opinion encompassed herein. Furthermore, Client is advised
that an opinion without limits on liability may be obtained
by specialists and/or experts in specific areas, at considerable
additional expense above the “ fee” charged herein. Client
is advised to employ the services of additional experts and/or
specialists if Client has concerns believed to be un-addressed
by Elite’ s inspection and opinion.
NOT INSURANCE
/ LEGAL RECOURSE: Client acknowledges the understanding
that home inspections are not insurance and do not provide
protection against unexpected conditions or repair /replacement
needs and costs. Client acknowledges that there are risks
involved in purchasing property, and while the ordering of
a home inspection may reduce the risks, risk cannot be eliminated
by doing so. Client acknowledges the understanding that Elite
is not an insurer and does not insure against defects of any
nature and/or kind, disclosed and/or undisclosed, in the property
and/or structure. Client acknowledges the understanding that
insurance and warranties may be purchased through other parties
that may protect against concerns of risk Client may have.
Client’ s acknowledgment of this provision constitutes Client’
s affirmation and acceptance of the understanding of Elite’
s limitation of liability as denoted in this contract.
THIRD
PARTY DISCLAIMER: This Contract and the Written Opinion
pertaining thereto constitutes the sole and entire agreement
between Elite and Client. The inspection and opinion are for
the sole and exclusive use and benefit of the Client. The
opinion is not intended for the use or benefit of anyone other
than the Client. No third party shall have any right and/or
standing arising from the inspection or the Opinion. Opinions
are non-transferable and may not be relied upon by other parties
without the written consent of both Elite and the Client,
unless otherwise specified by law. In consideration of Elite’
s furnishing Client the Opinion, Client will indemnify and
hold Elite harmless from any claims, demands or costs as a
result of any third party demand or claim arising out of the
Inspection or the Opinion.
ACKNOWEDGMENT AND ACCEPTANCE:
Elite and the Client acknowledge that this agreement is the
complete and total agreement between the parties and that
there are no other terms, agreements, and/or representations,
oral or otherwise, pertaining thereto. Wherever there is a
reference herein to the Client, the singular includes the
plural and the masculine includes the feminine and the neuter.
By signing below, I acknowledge that I have read this Agreement,
that I understand the terms and conditions hereof and I agree
to be bound by these terms and conditions.
Client
Date
Elite Inspection, LLC ________________________________________
Date ________________________________________
