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Please read the contract and sign below. Your electronic signature will be your acceptance of the home inspection agreement between the inspector and you.
Please print a copy of the home inspection agreement for your records.
HOUSE DETECTIVES, INC. P.O. Box 357 Kalispell, Montana 59903 website: www.housedetectivesinc.com • Email - firstname.lastname@example.org • Office – 406-756-3636 INSPECTION AGREEMENT THIS IS A LEGALLY BINDING CONTRACT THAT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THE ENTIRE CONTRACT CAREFULLY.
to inspect the following address:
This Inspection Agreement contains the terms and conditions of your (the "Client") contract with House Detectives, Inc. (the "Company") for an inspection of the Property at the above address. This Inspection Agreement contains limitations on the scope of the Inspection, remedies and liability. Please read it carefully. By signing below, Client represents that Client has secured all approvals necessary for the Company to conduct the Inspection of the Property. Client also warrants they will read the entire Inspection Report when received and shall promptly call with any questions or concerns client may have regarding the Inspection or Inspection Report. This Inspection is being performed for the exclusive use and benefit of the Client, and the Inspection, including the report, is not to be transferred to, utilized, or relied upon by any third party or entity without prior written permission of the Client and the Company.
1. INSPECTION - The Company agrees to perform a limited visual Inspection of the systems and components as they exist at the time of the Inspection, and for which the Client agrees to pay a fee. The Inspection will be performed in accordance with the Standard of Practice of ASHI, (American Society of Home Inspectors). Cut and paste the following link into your browser to read the ASHI Standard of Practice prior to the inspection. http://www.homeinspector.org/docs/standards_updated.pdf. Client may also go to www.ASHI.org to view the ASHI SOP.
2. NOTICE AND STATUTE OF LIMITATIONS - Client agrees that any claim, questions, or concerns will be made in writing and reported to Company within ten (10) business days of discovery. Client further agrees to allow Inspector the opportunity to re-inspect the claims discrepancy, with the exception of emergency conditions, before Client or Client's agents, employees or independent contractor repairs, replaces, alters, or modifies the claimed discrepancy. Any legal action must be brought within one (1) year from the date of the Inspection; failure to bring said action within one (1) year of the date of the Inspection is a full and complete waiver of any rights, actions or causes that may have arisen there from. Time is expressly of the essence herein. This time period may be shorter than otherwise provided for by law.
3. DISCLAIMER OF WARRANTY - Client understands that the Inspection and Inspection Report do not, in any way, constitute a: (1) guarantee; (2) warranty of merchantability or fitness for a particular purpose; (3) express or implied warranty; or (4) insurance policy. Additionally, neither the Inspection nor Inspection Report is a substitute for any real estate transfer disclosures which may be required by law.
4. ENVIRONMENTAL AND HEALTH ISSUES - The Client specifically acknowledges that a Home 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. Such environmental concerns and hazards include but are not limited to asbestos, radon, lead, urea formaldehyde, mold, mildew, fungus, odors, noise, toxic or flammable chemicals, water or air quality, PCB's or other toxins, electro-magnetic fields, underground storage tanks, proximity to toxic waste sites, or carbon monoxide.
5. LIQUIDATED DAMAGES - It is understood and agreed to by the parties hereto that the Company is not an insurer. The payment for the Inspection and Inspection Report is based solely on the value of the service provided by the Company in the performance of the limited visual inspection and production of the Inspection Report as described herein. It is impracticable and extremely difficult to fix actual damages, if any, which may result from a failure to perform such services, and in the case of failure to perform such services and a resulting loss, Company's liability hereunder shall be limited and fixed in amount equal to the inspection fee multiplied by two (2), or to the sum of five hundred dollars ($500.00), whichever sum shall be less, as liquidated damages, and not as a penalty, and this liability shall be exclusive.
6. DISPUTE RESOLUTION - ARBITRATION CLAUSE Any dispute, controversy, interpretation or claim including, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation or any other theory of liability arising out of, from or related to this contract or arising out of, from or related to the inspection or inspection report shall be submitted to final and binding arbitration under the rules and procedures of the Montana Arbitration Act. The decision of the arbitrator appointed there under shall be final; and binding and judgment on the award may be entered in any court of competent jurisdiction.
7. LIMITATIONS, EXCEPTIONS AND EXCLUSIONS The Inspection only includes those systems and components expressly and specifically identified in the Inspection Report. The Inspection limitations, exceptions and exclusions in the ASHI Standard of Practice are incorporated herein. Any area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings, personal belongings, or in any other fashion is excluded. The Inspection does not include any destructive testing or dismantling. The following systems and components and areas are among those NOT included in the Inspection or Inspection Report: - Latent or concealed defects, compliance with code or zoning ordinances or permits, research or system or components installation or recalls. - Structural, geological, soil, wave action or hydrological stability, survey, engineering, analysis or testing. - Private water, sewage systems, water softeners or purifiers, radiant heat systems or solar heating systems. - Pools, spas, hot tubs, saunas, steam baths, fountains or other types of or related systems and components. - Repair cost estimates or building value appraisal. - Thermostatic or time clock controls radio controlled devices, automatic gates or elevators, lifts, dumbwaiters. - Free standing appliances and gas appliances such as fire pits, barbecues, heaters and lamps. Main gas shut off valve. Any gas leaks. Furnace heat exchangers. - Seismic safety, security or fire safety or security bars and/or safety equipment. - Any adverse condition that may affect the desirability of the property including but not limited to proximity to railroad tracks or airplane routes, boundaries, easements or rights of way, adjoining properties or neighborhood. - Unique/technically complex systems or components, system or component life expectancy or adequacy or efficiency of any system or component.
8. GOVERNING LAW AND SEVERABILITY This agreement shall be governed by Montana State 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.
9. EXECUTION OF CONTRACT The Company's agreement to perform the Inspection is contingent on Client's agreement to the provisions, terms, conditions and limitations of this agreement. If the Client, prior to or at the time of Inspection, does not sign this Agreement, the Company shall not be required to perform said Inspection for Client, and shall not be legally or financially bound to Client for any damages due to Inspection not being performed.
10. OTHER SERVICES It is understood and agreed to by the parties hereto that all the provisions, limitations, exceptions and exclusions of this agreement shall apply to any optional services entered into by the parties.
11. ENTIRE AGREEMENT, MODIFICATIONS AND THIRD PARTIES This agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this 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 Agreement shall be binding upon the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.
PROPERTY INSPECTION AND REPORT: $350 for the first 2000 sf of living space, plus 8 cents per sf. over 100 sf., including unfinished conditioned square footage.
Additional square footage fee $0.00
Property inspection fees $350.00
The following tests are additional. If you would like any of these additional tests, initial the box of the test you want, and please give us a call at 406-250-1959, or 406-756-3636 at least 24 hours prior to the home inspection.
I have read, understand, and agree to all the terms and conditions of this Agreement and to pay the fees shown above at the time of the inspection, or sooner.
Inspection fee is payable PRIOR to inspection, unless other arrangements have been made with House Detectives, Inc. If the inspection fee is to be paid at the close of escrow and said closing does not happen, Client is immediately responsible for payment of home inspection services to House Detectives, Inc. If you will not be present at the inspection, please mail check to:
House Detectives, Inc.
PO Box 357
Kalispell, MT 59903