Authorization for Home Inspection Services

This is a reference copy of our inspection agreement. A copy of this agreement will be emailed to you upon scheduling an inspection.

A-Z Tech Home Inspections
1943 Broadway Ave
Greensburg PA 15601
724-836-0328

INSPECTION AGREEMENT Please Read Very Carefully

Name of Client(s): _____________________
Address of Property: ___________________
Date Of Inspection: ____________________
Fee for Inspection and services due at the time the services are performed: Fee _______
All services are performed and reported separately at the clients request. This agreement applies to each service individually.

This agreement is made on %date-long% by and between A-Z Tech Home Inspections, Inc. (Company) and the Client(s) as listed above. This ­Inspection Agreement is for the inspection of the residential building(s) on the property. This agreement describes the responsibilities of the parties, scope of the inspection, limitations, and remedies.

In consideration of mutual covenants and agreements set forth herein, the parties agree as follows:

1. The Client acknowledges that they and any authorized representative(s) are encouraged to attend and participate in the inspection and recognizes that failure to do so may result in a less than complete understanding of the information provided in the Inspection Report. The Client warrants that permission has been secured from the property owner or the owner’s authorized representative for the Company to enter and inspect the building(s).

2. Scope of the Home Inspection - The Company agrees to perform a non-invasive, non-technically exhaustive, visual inspection of the structure, foundation, exterior, roofing, plumbing, electrical, heating, air conditioning, interiors, insulation, attic ventilation and fireplace systems and components of the residential buildings included in the inspection as they exist at the time of the inspection. The inspection will be performed to the best of the inspector’s ability in accordance with the Pennsylvania Home Inspection Law, 68 Pa.C.S. § 7501, et seq., and the current ‘Standards of Practice and Code of Ethics’ of The American Society of Home Inspectors, Inc. (‘ASHI’) and the inspector shall comply with those Standards. You may view them at: http://www.ashi.org/inspectors/standards/standards.asp. The Company will identify material defects in those systems and components. A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself, a material defect.

3. Systems and Components Excluded From This Inspection - detached buildings, underground utilities, private or public water systems, private or public waste water disposal systems, sports courts, playground equipment, swimming pools, hot tubs, saunas, spa tubs, solar heating systems, sprinkler systems, water softeners, low voltage electronic systems, central vacuum systems, trash compactors and personal property unless additional testing or inspections are performed for an additional fee. In addition, the presence or absence of wood destroying insects is excluded, unless an additional fee is paid for a ‘Wood Destroying Insect Inspection’. Additionally, the Company will not identify concealed conditions or latent defects not discernible by this limited, visual inspection of accessible areas.

4. The discovery and identification of environmental, health, or other hazards is also excluded from the scope of this home inspection unless additional testing is requested and is performed for an additional fee. The Client specifically acknowledges that this Inspection is not an environmental survey and is not intended to detect, identify, disclose or report on the presence of any actual or potential environmental concerns or hazards in the air, water, soil or building materials, including, but not limited to asbestos, radon, lead, urea formaldehyde, mold, mildew, fungus, odors, noise, toxic or flammable chemicals, water or air quality, PCBs or other toxins, electromagnetic fields, underground storage tanks, proximity to toxic waste sites, carbon monoxide, the presence of or any hazards incorporated in building materials or installed, associated with the use or placement of Chinese drywall, the identification of suspect stucco/synthetic stucco and/or EIFS, controlled dangerous substances such as methamphetamines,

5. The Company does not offer any guarantee or warranty. The Client understands that the Inspection and the Inspection Report do not, in any way, constitute a guarantee, warranty of merchantability or fitness for a particular purpose. Additionally, neither the Inspection nor Inspection Report is a substitute for any real estate transfer disclosures that may be required by law. The inspection is not a substitute for possible incomplete, inaccurate, or meaningless disclosure information provided by others.

6. Prior to finalizing your sales agreement and prior to closing of escrow, the Client should obtain further evaluation of any identified material defects, and/or systems and components described in need of repair, replacement, determined not accessible, or not inspected by a qualified contractor .

7. The Client agrees to notify the Company promptly about errors or omissions in the Inspection Report. The Client warrants they will read the entire Inspection Report when received and shall promptly contact the Company regarding any questions or concerns the Client may have regarding the inspection or the Inspection Report. Client understands and agrees that any failure to notify the Company as stated above shall constitute a waiver of any and all claims Client may have against Company.

8. The Client agrees that any claim related to this Agreement, the Inspection and/or the Inspection Report shall be made to the Company immediately upon discovery. The Client also agrees to allow the Company ten (10) days from the date the Company is first notified of any claim to come to the Property to inspect and evaluate any condition and not to make or allow others to make any alteration to the claimed condition until the Company has had the opportunity to inspect and evaluate the claimed condition, except in case of emergency. Client understands and agrees that any failure to notify the Company as stated above shall constitute a waiver of any and all claims the Client may have against Company.

9. Liquidated Damages Provision- Client understands and agrees that the Company is not offering a warranty. Thus, if Company fails to perform the service as provided herein or is alleged to have committed any breach of contract, negligence, fraud or misrepresentation, and/or any violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, or any other theory of liability arising out of, from or related to this Inspection Agreement or arising out of, from or related to the Inspection or Inspection Report, the Company’s liability for any and all claims related thereto is limited to an amount equal to the inspection fee (exclusive of other fees), as liquidated damages and not as a penalty. The Client releases Company from any and all additional liability, whether based on contract, tort, or any other legal theory. There will be no recovery for consequential damages.

10. Binding Arbitration –If the parties are unable to reach a mutually agreeable resolution of any disputes among themselves; any and all controversies, claims or disputes arising out of or relating to this Agreement, the Inspection and/or the Inspection Report shall be referred to final and binding arbitration pursuant to the ‘Arbitration Procedures and Rules’ then in effect of: Construction Arbitration Service of Western Pennsylvania (“CAS”) of Proliance Solutions 400 Koppers Building, 436 Seventh Avenue Pittsburgh, PA 15219. Arbitration Procedures and Rules are defined at: http://www.proliancesolutions.com/Other-Services. The cost of arbitration will be shared equally between the Client and the Company.

11. This Inspection Agreement shall by governed by Pennsylvania law. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between the parties. This Inspection Agreement and the Inspection Report represent the entire agreement between the parties. No oral agreements, understandings, or representations shall change, modify or amend any part of this Inspection Agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties and supported by valid consideration. This Inspection Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever. This Inspection is being performed for the exclusive use and benefit of the Client.

By signing this Inspection Agreement, the undersigned client(s) agree that he/she/I/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement, including all of the provisions. Client acknowledges that Client has had ample time and opportunity to review this Agreement and the ‘ASHI Standards of Practice and Code of Ethics’ prior to signing this Agreement. I (we) understand that if I do not agree to the terms and conditions set forth that I (we) have the right to cancel the inspection at this time and I (we) have the right to hire another inspection company. If you have any questions regarding this Inspection Agreement; you should discuss them with the Company prior to signing this Agreement.
Printed Name:________________________ Client Signature:__________Date:_______
For Company:_______________Date:_______

The Inspection report will be distributed to the Client(s). and Buyers agent is any. If you also want your Inspection Report distributed to anyone else, please specify. You may also verbally notify the inspector.

Write their name and contact information here:_________ Email Address _____________

Bruce R. Thomas Date ________

Please print a copy of the home inspection agreement for your records.

The day this document is considered complete.

The full name of the person making this agreement.

The address of the planned inspection.

NOTE: THIS IS A SAMPLE CONTRACT. DO NOT USE THIS CONTRACT WITHOUT HAVING AN ATTORNEY LOOK IT OVER. WE ARE NOT LIABLE IF YOU HAVE ANY PROBLEMS WITH IT.

TERMS AND CONDITIONS
THIS CONTRACT LIMITS LIABILITY

It is agreed by all that this inspection is to be performed according to the following terms and conditions:

1. COMPANY NAME will provide the Client a limited-time visual inspection of the following readily accessible and visible pertinent, major elements existing in the structure on the date of inspection: central air conditioning, central heating, interior electric, interior plumbing, foundation, basement, roofing, siding, walls, floors, ceilings, and built-in kitchen appliances. COMPANY NAME shall have no obligation to repair or replace any items found to be defective, whether or not discussed in the
COMPANY NAME written report. Conditions that may exist relating to any legal and/or public records are outside the scope of this inspection. COMPANY NAME cannot determine during the inspection that the roof leaks or is watertight; the rating is on material condition only. Further, this inspection does not cover code compliance, soil or groundwater contamination, geological, design, adequacy evaluation, or any low voltage wiring. COMPANY NAME reserves a 5% margin or tolerance. This inspection will include the above elements unless otherwise restricted by the client. At times, conditions may exist and may not have any visible signs to indicate its existence. Such items must be disclosed by the seller of the property. COMPANY NAME recommends that Client seek the advice of his legal counsel and/or real estate agent to identify items subject to disclosure in additions to those set forth in COMPANY NAME written inspection report. COMPANY NAME inspections are performed with consideration given to the age of the structure, items marked good must in all cases be considered good for the age of the item. Also, items in less than good condition must be marked as such, even though the condition may be normal for the age. Opinions vary from person to person and the report is the opinion of the inspector and must be considered as such. This report is not a mold or hazardous materials inspection.

2. Payment of the fee entitles client to one original of the written inspection report including photographs. Payment, in check, cash, or credit card, is due prior to the start of the visual inspection. The liability of COMPANY NAME is limited to the terms and conditions as set forth in this contract between COMPANY NAME and the Client. Client expressly releases COMPANY NAME from any and all claims arising out of the contract.

3. Client represents and assures COMPANY NAME that Client has secured all approvals necessary for entry onto the premises to be inspected. Client further agrees to defend, indemnify and hold harmless COMPANY NAME from demands or claims alleging a trespass upon the premises to be inspected. It is the responsibility of the Client or Agent to ensure the utilities are on at the time of inspection. COMPANY NAME recommends checking for permits on all additional construction performed on the property after the original construction.

4. This Order Form, with its terms, conditions and disclosures, constitutes the entire agreement between COMPANY NAME and Client. Both parties agree that there is no representation, statement or agreement not set forth herein or incorporated by reference. No waiver, alteration of modification of this contract shall be valid unless it is in writing and signed by an authorized representative of both parties. This contract shall be construed and governed by the laws of the State of California. For all areas marked outside of good condition, COMPANY NAME recommends proper attention by the appropriate licensed contractor.

5. COMPANY NAME has no liability for occupied/unoccupied homes and structures, and the inspection is only good until the inspector leaves the property. Disgruntled sellers/squatters often change the condition of the property and no guarantees will be made by COMPANY NAME

6. I have read the Terms and Conditions of this inspection and accept them, and also accept the Waiver Conditions.

7. I have full authority to execute this contract. I fully understand the fact that only the original buyer on this contract shall be entitled to the information contained in the inspection report/contract.

8. Client shall be liable for COMPANY NAME attorney's fees in the event of litigation. Any negative comments/actions reflected on/towards COMPANY NAME shall be grounds for a slander-suit for defamation of character in Superior Court. The defamation of character suit shall be filed against the instigator of said comments/actions.

9. I have read and understand the terms and conditions of this contract as set forth on the front of this form. I fully understand that if there is no signature on the line below, this inspection report shall be null and void.

Check the box to signify that you have read the contract terms.

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The signee's signature.

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