PURPOSE OF THE INSPECTION
The purpose of the inspection and written report provided by First Home Inspection Company is to communicate the inspector's opinion of the general condition of the readily accessible covered systems and components as listed in the written report.
USE BY OTHERS/SEVERABILITY
The inspection report was performed for the sole and exclusive use and benefit of the client and said report is not transferable to any other party. Should any portion of this contract be deemed unenforceable, the remainder of the contract shall be enforced as though the unenforceable portion did not exist. The client agrees that delivery of the inspection report to their designated representative constitutes receipt of the report on behalf of the client. If the inspection is performed for the use and benefit of two or more clients/owners/purchasers, the signature of one of the clients constitutes acceptance of the terms on behalf of all clients.
With the exception of the issue of payment for the inspection, any dispute, controversy or claim(s) including, but not limited to, breach of contract, negligence, or misrepresentation arising out of or relating to this contract and any services provided by FHIC shall be settled by binding arbitration. The accepted standards by which the inspection and written report shall be judged is based on common knowledge of the inspection industry and construction and mechanical practices in the county where the home is located. With the exception of disputes regarding valid payment of the inspection fee, the initiation of any other form of dispute resolution other than arbitration will constitute a breach of contract. Judgments or awards rendered through arbitration may be entered into any court having jurisdiction.
STATUTE OF LIMITATIONS
The client agrees that no action may be brought to recover damages against the inspector or inspection company more than one year (365 days) after the date of inspection. Time is expressly of the essence herein. The customer understands that this time period may be shorter than allowed by law. The client shall give proper written notice via U.S. postal service during this time of any disputes. Failure to do so shall constitute a waiver of all claims.
The maximum relief available to the client from FHIC, its owners, operators, or agents, for any and all errors, omissions, or breach of contract due to negligent performance of the terms of this contract or due to breach of contract expressly limited to a monetary amount not to exceed the fee paid for the inspection.
With the exception of temporary repairs for emergencies, no permanent repairs, modifications, or alterations are to be made to any area in dispute prior to providing written notification to FHIC of said dispute. Client shall provide FHIC, its agents, representatives, etc., reasonable time to re-inspect the property before and after any and all permanent corrective action is performed of any area of dispute. FHIC reserves the right to obtain copies (at the expense of FHIC) of all relevant documentation including but not limited to engineering reports, receipts, estimates, photos etc., of any area of alleged disputes. Failure to give proper written and timely notice within fourteen (14) days of discovery of said problem or making permanent alterations will constitute a waiver of all claims and breach of contract.
This contract for services between FHIC and the client referenced below represents the entire, integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements.
THE FOLLOWING ARE EXCLUSIONS AND LIMITATIONS WITH FIRST HOME INSPECTION SERVICES
* Docks, sea walls, or retaining/divider type walls.
* Window or wall mounted air conditioner units
* HVAC or electrical load distribution calculations
* Systems or components not permanently installed.
* Evaluation of fire-resistive qualities or designs
* Americans with Disabilities Act (ADA) requirements
* Latent and/or hidden conditions or defects.
* Evaluation is of readily accessible areas and components only.
* No dismantling, destruction, or alterations can be made during the inspection.
* Operational tests are from the normal operating controls utilized by the homeowner.
* The inspector is not required to move items such as furniture, carpet, appliances, insulation, personal property, etc.
* Inspector reserves the right not to travel in/on or inspect areas if there is health or safety concerns, limited clearance, or potential for damage to the property.
* Additional limitations may be encountered during the inspection process and will be listed in the inspection report.
* No warranties, guaranties, or insurance coverage is implied or provided, nor is any liability for repairs or replacement of any system or component, whether covered or excluded, is assumed by FHIC.
Mold test Wood boring insects Well systems Appliances
Radon test Swimming pools Central vacuums Fuel tanks
Lead test Low voltage systems Geological hazards Antennas
Asbestos test Satellite disks Spas, saunas, whirlpools Fences
Sprinklers Appliances Telephone & cable wires Flooding
Air filters Concealed items Limited space heaters Sprinklers
Solar panels Mine subsidence Alarm systems Intercoms
Humidifiers Code Compliance Detection devices Outbuildings
Stucco drainage Ejector pumps Product recalls Odors
Cosmetic Flaws Wood boring insects Private waste systems Generators
Remote controls Chimney draft Water Softeners Chemical hazards
Full payment is due at the time the services are performed. If a full valid payment is not made, the client
agrees to pay the full inspection fee along with all legal costs, attorney fees, and an administrative
fee of $25.00 per hour for all time required by FHIC in the collection of the fee.