The address of the property is: 123 Sample Drive, Boardman, Oh, 44512.
Fee for the exterior and interior home check service is $50.00. INSPECTOR acknowledges receiving a deposit of $0 from CLIENT. THIS AGREEMENT made this 27th day of September, 2017, by and between Elite Home Inspections (hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows:
1. INSPECTOR agrees to perform a visual exterior and interior inspection of the home/building and to provide CLIENT with a written 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 home check inspection is limited to:
Exterior Check. Visual inspection of the exterior of the home for signs of problems, Check for vandalism and signs of forced entry (including graffiti, broken windows, lawn debris), Check for weather / storm damage, Verify doors are locked and windows are secured, Ensure the garage door is closed, Collect UPS and FedEx Packages, Collect newspapers and periodicals, Remove flyers and miscellaneous debris in and around the front door, Replace burned out exterior light bulbs (where reachable), Run water spigots and check for leaks, Confirm contracted Landscaping / Snow-Shoveling / Pool Maintenance services were performed, Provide 4 or more time stamped digital photos of the exterior (Front of Home, Back of Home, Yard, and Garage), Provide a comprehensive report electronically to the homeowner.
Interior Check. Complete visual inspection of the homes interior (room by room), walls and ceilings for signs of problems, Check for vandalism and signs of forced entry (including broken windows and unusual conditions), Check the homes interior for issues i.e. mold, pests, water damage, Check the basement for flooding or water leaks, Verify the hot water tank is functioning properly and check for leaks, Check the electrical panel, ensure all breakers are functioning properly, Verify the refrigerator and freezer are operating, Verify the furnace / air conditioning is on and functioning, Confirm the utilities are on and operating (including water, gas, electricity), Check for water leaks, run all faucets, flush toilets, run toilets/showers/sinks and check for leaks (prevent pipe damage), Ensure pilot lights are on and working, Replace Smoke Detector Batteries, (if low level battery indicator warning), Rotate Interior Staged Lighting (if requested), Replace burned out light bulbs (where reachable), Water indoor plants, Bring in the mail, flyers and newspapers, Confirm alarm system remains activated, Open and close window blinds and drapes (if requested), Follow instructions from the home owner to rectify any issues with the home during their absence, Relay any urgent messages to the homeowner regarding the property, Provide 4 or more time stamped digital photos of interior rooms (Kitchen, Family Room, Basement, Front Entryway), Provide a comprehensive report electronically to the homeowner.
2. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law.
3. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents and/or employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses 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. 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.
4. HOLD HARMLESS AGREEMENT: CLIENT hereby agrees to indemnify and hold harmless INSPECTOR from any and all liability that may result from all damage suits or claims in connection with the provision of the services described within this Agreement form, and from all liability for injuries to person or property suffered or sustained by any person whomsoever. (For example, should a water leak in the Client’s home damage another unit, INSPECTOR would not be liable for said water break and damage.) CLIENT agrees to carry adequate homeowners insurance to protect the interest of parties hereto.
5. APPROVALS AND AUTHORIZATION CLIENT herein agrees and contracts with INSPECTOR for the services stated in the Service Agreement form and for all other services as requested by CLIENT herein or future requested and for such services rendered. CLIENT attests to having full ownership and/or authorization to contract services as the home owner of title or deed to said property. Client has further full authority to permit home and property access including all gated community access points. CLIENT shall be responsible to inform all home and community security entities of agreement to have INSPECTOR personnel enter the community and access the premises. False, inaccurate or incomplete information shall be the responsibility of the CLIENT and shall void all responsibility of INSPECTOR.
6. HOURS OF OPERATION INSPECTOR will provide contracted services as set forth in this Agreement Monday through Friday between the hours of 7:00 am and 7:00 pm. Emergency services are available to CLIENT on an “as needed” basis.
7. COMPENSATION INSPECTOR requires advance payment (less any deposit noted above) for contracted services prior to services taking place. Payments can be made weekly, monthly, or in full depending on the type of service(s) being provided. 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.
8. CANCELLATION OF SERVICES No refunds shall be made on any pre-paid services. Client may cancel the engagement of INSPECTOR at any time for scheduled services not yet provided. Cancellation of services should be made in writing or via email to INSPECTOR. Since no services are provided until payment is received, termination of this Contract can occur any time.
9. NO GUARANTEE Nothing in this Agreement shall be construed as a guarantee regarding full protection of CLIENT’S assets (personal assets and real estate) or other outcomes upon performance of the services described hereunder. INSPECTOR makes no such promises or guarantees. INSPECTOR is not responsible for any damage to the property (unless actually caused by our negligence), or missing items, switched, lost, damaged or stolen under any circumstances including but not limited to theft, vandalism, negligence of invited or uninvited individuals, or acts of nature. In such events CLIENT agrees to look solely to its homeowners insurance for recovery.
10. CONFIDENTIAL INFORMATION Elite Home Inspections respects our clients’ confidential information and privacy. Confidential information we collect will only be used by representatives of Elite Home Inspections on an “as needed” basis and will never be made available to, rented or sold to third parties. Confidential information includes: all personal, payment, credit or debit card information, data, and other information which is designed by CLIENT as confidential.
11. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) written notification of adverse conditions within 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.
12. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR’s relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury.
13. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. 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 shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
14. This Agreement is not transferable or assignable.
15. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.