Holden Home Inspections
THIS IS A LEGALLY BINDING CONTRACT: Please read it carefully. This contract limits our liability.
Client: ___________________________________ Inspection date: _____________
Inspected Property Address: ______________________________________________
This inspection Agreement contains the terms and conditions of you (the “Client”) contract with Ben Holden Home Inspections (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 and warrants 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 written Report, is not to be transferred to, utilized or relied upon by any other person or entity without prior written permission of the Company.
The company agrees to perform a limited visual Inspection of the systems and components included in the inspection 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 Standards of Practice of the North Carolina Inspector Licensure Board, which are provided upon request, and is limited by the limitations, exceptions and exclusions so stated in the Standards of Practice and this Agreement.
2. 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 Standards of Practice are incorporated herein. In addition, any area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing or 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 permit
Research or system or component recalls.
Geological, soil, wave action or hydrological stability, survey, engineering issues, analysis
or testing. Termites or other wood destroying insects and organisms, rodents or other
pests, dry-rot or fungus; or damage from or relating to the preceding.
Asbestos, lead paint, urea formaldehyde, mold, or mildew, odors or noise, radon gas, toxic
or flammable proximity to toxic waste sites or other environmental or health hazards.
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
relates systems and Thermostatic or time-clock controls, radio controlled devices, automatic
gates, or elevators, lifts, low voltage lights and systems.
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 systems 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 routs, 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.
3. DISCLAIMER OR WARRANTY
Client understands that the Inspection and Inspection Report do not, in any way, constitute a/an (1)
guarantee, (2) warranty or merchantability or fitness for a particular purpose, (3) express or implied warranty, or (4) insurance policy. Additionally, neither the inspection nor Inspection Report are substitutes for any real estate transfer disclosures which may be required by law.
4. LIMITATIONS ON LIABILITY:
The Company and inspector’s liability for mistakes or omissions in this inspection report is limited to a refund of the fee paid for this inspection and report. This limitation applies to anyone who is damaged or has to pay expenses of any kind because of mistakes or omissions in this inspection and report. This liability limitation is binding on client and client’s spouses, heirs, principles, assigns and anyone else who may otherwise claim through client. Client assumes the risk of all losses greater than the fee paid for the inspection. Client agrees to immediately accept a refund of the fee as full settlement of any and all claims, which may ever arise from this inspection.
5. DISPUTE RESOLUTION
Any dispute, controversy, interpretation or claim including claims for, 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 Services, Inc. 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.
6. GOVERNING LAW AND SEVERABILITY
This Agreement shall be governed by North Carolina 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.
7. RECEIPT OF REPORT
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 this Agreement is not signed by Client prior to or at then time the written Inspection Report is provided to the Client and Client objects to any of the terms of this Agreement, Client shall return the written Inspection Report to the Company within seven (7) days and any fee that has been paid will be refunded to the Client. Failure to return the written Inspection Report and payment of the fee shall continue the full acceptance of all of the terms of this Agreement by Client.
8. 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.
9. ENTIRE AGREEMENT, MODIFICATION & 3RD 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 modifications shall be enforceable against any party unless such changes or modifications is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and insure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.
Realtor’s name ___________________________________________________________
I would like a copy of the report to go to my realtor: Yes No ( circle one )
Ben Holden Home Inspections must have a copy of this agreement signed by the client before the inspection can begin. Signed agreement can be e-mailed to firstname.lastname@example.org
____ Payment is due at time of Inspection.
Radon Testing Fee: N/A
Water Testing Fee: N/A
Pest Inspection Fee: N/A
Total Inspection Fee:
By signing below you acknowledge that you have read, understand and agree to the scope of the inspections, agree to all the Terms and Conditions in this contract. You also agree to pay the fees listed above.
Client: _________________________________ Date: ______________