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The address of the property is: _______________________________________________________________
Fee for the home inspection is $ _______________________________
THIS AGREEMENT made this ________ th day of _______________________, _________________,
by and between ON THE SPOT Home Inspections LLC (hereinafter "ON
THE SPOT") and the undersigned (hereinafter “CLIENT”).
THE PARTIES AGREE AS FOLLOWS:
1. ON THE SPOT agrees to perform a visual inspection of the subject house
and to provide CLIENT with a written inspection report identifying defects
that ON THE SPOT both observed and deemed material. The inspection will
be of clearly visible and readily accessible areas of the house. ON THE
SPOT may offer comments on items or systems as a courtesy, but these comments
will not comprise the bargained-for report. The report is only supplementary
to the seller's disclosure.
2. The visual inspection and report is completed when practicable at the
site. Some items are checked by taking a sample, which is analyzed and
reported later. The inspection and report are performed and prepared for
the use of CLIENT, who gives ON THE SPOT permission to discuss observations
with realtors, owners, repair persons and other interested parties. ON
THE SPOT accepts no responsibility for use or misinterpretation by third
parties.
3. The report(s) does not cover (unless specifically stated):
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underground utilities |
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playground equipment |
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fuel tanks |
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the suitability of the property for any specialized use |
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wells/springs |
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cosmetic items |
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drainfields |
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the market value of the property or its marketability |
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solar systems |
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security systems |
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personal property |
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the methods, materials and costs of corrections |
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underground items |
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sprinkler system |
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cesspools |
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any component or system which was not observed |
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pools |
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central vacuum |
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appliances |
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life expectancy of any component or system |
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septic tanks |
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detached structures |
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water treatment |
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the advisability or inadvisability of purchase of the property |
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elevators |
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defects unobserved |
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code compliance |
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items not permanently installed |
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environmental hazards |
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fuel quality |
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chimneys/flues |
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the causes of the need for a repair |
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the presence or absence of pests such as wood damaging organisms,
rodents, insects, or molds |
4. ON THE SPOT GUARANTEES to perform
a visual inspection of the home and to report observed defects, which
ON THE SPOT deems material.
5. ON THE SPOT WANTS THE CLIENT TO KNOW:
- ON THE SPOT does NOT claim expertise in specific home
components or systems.
- the CLIENT should NOT expect that the inspector will
find every problem that exists or ever could exist, but only that ON
THE SPOT will report defects that ON THE SPOT both observed and deemed
material.
- ON THE SPOT will NOT move personal property, debris,
carpeting or like materials which may impede access or limit visibility.
- the inspection is NOT intended to be technically exhaustive.
- equipment and systems will NOT be dismantled.
6. The parties agree that the maximum liability for ON
THE SPOT, its employees or agents, is limited to an amount not to exceed
the fee paid for the inspection service except for gross negligence or
willful misconduct. In the event of a claim against ON THE SPOT, CLIENT
agrees to supply ON THE SPOT with the following: (1) Written notification
of adverse conditions within 14 days of discovery; (2) Access to the premises.
Failure to comply with the above conditions will release ON THE SPOT and
its agents from all obligations. If
CLIENT brings but fails to prove its claims against ON THE SPOT, then
the CLIENT will pay all legal costs, expenses and fees of ON THE SPOT
in defending said claims. For all claims other than payment for inspection
services, the parties elect arbitration through Construction Arbitration
Services, Inc.
7. Payment is due upon completion of the on-site inspection. The CLIENT
will pay all legal and time expenses incurred in collecting due payments.
8. If any provision of this Agreement is declared invalid or unenforceable
by any court, the remaining provisions will remain in effect. This Agreement
represents the entire agreement between the parties. No change or modification
shall be enforceable against any party unless such change or modification
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 assigns. CLIENT shall have no cause of action brought against
ON THE SPOT beyond the earlier of one year after the date of the inspection
or the date of this Agreement.
THE ABOVE IS UNDERSTOOD AND AGREED TO, AND CLIENT ACKNOWLEDGES RECEIPT
OF A COPY OF THIS AGREEMENT.
| _________________________________________ |
_______________________________________________ |
| FOR ON THE SPOT Home Inspections |
CLIENT OR REPRESENTATIVE |
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_______________________________________________ |
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CLIENT OR REPRESENTATIVE |
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