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.
