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Pre-Inspection Agreement ALL-HOME INSPECTIONS 33711 HIGHWAY 95 (208) 743-5269 TOLL-Free
1-866-886-5269 PRE-INSPECTION AGREEMENT Customer: Address
to be inspected Name ________________________________________ _______________________________: Address ________________________________________ _______________________________ City ___________________ State
______ Zip ________
_______________________________ For a fee of $_____________
All-Home Inspections and Customer agree to have All-Home Inspections
conduct a home inspection on _______________________, for the purpose of
informing the customer of any major deficiencies in the condition of the home
identified above. The inspection and report are to be performed and prepared
for the sole, confidential and exclusive use and possession of the customer.
The written report will include comments based on observations of the visible
and accessible parts of the following only: * Structural components and Basement *Electrical, plumbing, domestic water heating, * Attic, ventilation, and insulation (if Central heating and air conditioning safely accessible) * Condition and general age of major systems * General exterior, including roof,
gutter, chimney, major
drive and walkways, * Kitchen and major appliances drainage and grading AN INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF THE OVERALL
CONDITION OF THE BUILDING. This will be
a limited visual inspection of the visible, exposed elements of major
components of the home, and substantial deficiencies may exit and may not be
detected because of the limited nature of such an inspection. THE INSPECTION IS
BASED ON OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE BUILDING AND
ITS COMPONENTS ON THE DATE OF THE INSPECTION, at the time of the inspection.
The inspector is not required to climb on the roof if conditions do not appear
safe. The inspector does not perform invasive procedures; equipment, items and
systems will not be dismantled. The inspector only uses normal operating
devices. Inspection will be made to see if a component is doing its major
function, not minor functions. Maintenance, cosmetics and other things may be
discussed, but they are not a part of the inspection and report. The written
report will be the total report and no reliance should be made on anything
discussed during the inspection. TOTALLY EXCLUDED: This is not a compliance inspection
or certification for past or present governmental codes, rules or regulations
of any kind.
No search or check of municipal records is included. Latent, hidden and
concealed defects and deficiencies are excluded from the inspection and report.
No warranty or guarantee of the
structure or components is made or implied by All-Home Inspections. The
inspection and report do not address and are not intended to address the
presence, or danger from any potentially harmful substances and environmental
hazards. Also excluded from this inspection report are swimming pools, wells,
onsite and offsite sewage disposal systems, security systems, water
conditioning equipment, sprinkler systems, fire sprinklers and other safety
equipment. This is not an inspection for the presence or absence of rodents,
termites, other wood destroying insects or organisms, animal urine or feces,
but if observed may be reported... Property boundaries and land surveys are not
included. Reinspections are not included and will be
subject to another agreement and an added charge. DISPUTES: No lawsuit
or other type of claim of any kind arising out of or in any way relating to
this agreement, the inspection or the report shall be made unless each of the
following conditions is satisfied first, in order: 1.
Date by which notice must be given. Written Notice of the claim must be given to All-Home
Inspections on or before the 180th day after the date of the
Agreement. The notice shall: (a) describe the claim including what customer
believes All-Home Inspections did or failed to do, (b) why customer believes
All-Home Inspections is responsible, (c) what customer believes All-Home
Inspections should do about it and (d) offer to allow All-Home Inspections to
inspect as required in the following paragraph. Notice shall be sent by first
class mail to All-Home Inspections address as set forth in this agreement. 2.
Right to Reinsert. If customer believes All-Home Inspections made a
mistake, before making any repairs or alterations relating to the alleged
mistake, customer shall notify All-Home Inspections and provide All-Home
Inspections a reasonable opportunity to inspect the portion of the property
relating to the alleged mistake. 3. Negotiation: If
the dispute has not resolved as a result of the reinspection:
a. The parties
shall attempt in good faith to resolve any dispute arising out of or relating
to this agreement, the inspections or the report promptly by negotiation. Any
party may give the other party written notice of any dispute not resolved in
the normal course of business. Within 15 days after delivery of the notice, the
receiving party shall submit to the other a written response. The notice and
the response shall include a statement of each party’s position and a
summary of arguments supporting that position Within 30 days after delivery of
the disputing party’s notice, both parties shall meet at a mutually
acceptable time and place, and thereafter as often as they reasonably deem necessary,
to attempt to resolve the dispute. All reasonable requests for information made
by one party to the other will be honored. b. If the matter
has not been resolved within 30 days of the disputing party’s notice, or
if the parties fail to meet within 30 days, either party may initiate mediation
of the controversy or claim as provided hereinafter. c. All
negotiations pursuant to this clause are confidential and shall be treated as
compromise and settlement negotiations for purposed of the rules of evidence. 4. Mediation.
If the
dispute has not been resolved by negotiation as provided herein, the parties
shall endeavor to settle the dispute by mediation under the then current
commercial mediation rules of the American Arbitration Association
(“AAA”) or under such other non-binding alternate dispute
resolution rules to which the parties agree in writing. A single, neutral third
party will be selected from the AAA panel of neutrals, with the assistance of
AAA, unless the parties agree otherwise. 5.
Lawsuit. If the dispute has not been resolved by mediation
after one session with a neutral, and if each of the other conditions set forth
in this Paragraph have been properly and fully satisfied, then either party may
file a lawsuit or other type of claim provided it is filed within the time
period set forth below. 6.
Limitation on Damages. The purpose of this provision is to limit
the amount of money damages that Customer may claim and recover from All-Home
Inspections. The maximum amount of money that Customer may claim and recover is
hereby limited to the greater of two times the fee paid by Customer to All-Home
Inspections under this agreement or $2,000.00. This limitation applies to every
type of claim or cause of action arising out of or in any way relating to this
agreement, the inspection or report, including but not limited to breach of
contract, negligence, negligent misrepresentation and violations of any Unfair
Trade Practices Act. This limitation does not apply to any claim for vexatious
litigation or similar type of claim by All-Home Inspections against Customer or
Customer’s lawyer. Acceptance and understanding of this agreement are hereby acknowledged. _________________________________________ __________________________ Customer
Date _________________________________________ __________________________ Representing All-Home
Inspections Date |