EXCEL HOME INSPECTIONS LLC INSPECTION CONTRACT
CLIENT:
AGNET:
INSPECTION ADDRESS:
INSPECTOR: JOHN YOUMANS NEW JERSEY STATE LICENSE # 24Gl00131900
DATE:
TERMS AND CONDITIONS
THIS CONTRACT LIMITS LIABILITY
All inspections are the standard and practice of AMERICAN SOCIETY OF HOME INSPECTORS.
It is agreed by all that this inspection is to be performed according to the following terms and conditions:
1. EXCEL HOME INSPECTIONS LLC 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. EXCEL HOME INSPECTIONS LLC shall have no obligation to repair or replace any items found to be defective, whether or not discussed in the
EXCEL HOME INSPECTIONS LLC written report. Conditions that may exist relating to any legal and/or public records are outside the scope of this inspection. EXCEL HOME INSPECTIONS LLC 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. EXCEL HOME INSPECTIONS LLC 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. EXCEL HOME INSPECTIONS LLC 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 EXCEL HOME INSPECTIONS LLC written inspection report. EXCEL HOME INSPECTIONS LLC 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,or cash, , is due prior to the start of the visual inspection. The liability of EXCEL HOME INSPECTIONS LLC is limited to the terms and conditions as set forth in this contract between EXCEL HOME INSPECTIONS LLC and the Client. Client expressly releases EXCEL HOME INSPECTIONS LLC from any and all claims arising out of the contract.
3. Client represents and assures EXCEL HOME INSPECTIONS LLC that Client has secured all approvals necessary for entry onto the premises to be inspected. Client further agrees to defend, indemnify and hold harmless EXCEL HOME INSPECTIONS LLC 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. EXCEL HOME INSPECTIONS LLC 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 EXCEL HOME INSPECTIONS LLC 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 NEW JERSEY. For all areas marked outside of good condition, EXCEL HOME INSPECTIONS LLC recommends proper attention by the appropriate licensed contractor.
5. EXCEL HOME INSPECTIONS LLC 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 EXCEL HOME INSPECTIONS LLC
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 EXCEL HOME INSPECTIONS LLC attorney's fees in the event of litigation. Any negative comments/actions reflected on/towards EXCEL HOME INSPECTIONS LLC 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.
10. This contract is a limited liability for 12 months and 2 times the amount of the inspection fee only.
PLEASE READ THIS DOCUMENT AND ATTACHED ADDENDUM(S) CAREFULLY. IT CONTAINS PROVISIONS THAT LIMIT YOUR RIGHTS,
INCLUDING YOUR RIGHTS TO MAINTAIN A COURT ACTION. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS OF THIS PRE-INSPECTION AGREEMENT YOU SHOULD DISCUSS THEM WITH THE INSPECTOR JOHN YOUMANS PRIOR TO SIGNING THIS AGREEMENT.
The Client authorizes JOHN YOUMANS hereinafter referred to as EXCEL HOME INSPECTION to provide the following inspection services at the above identified subject property, and agrees to pay the price stated to the Company for the performance of the inspection(s) and issuance of the inspection report(s).
NOTE: IMPORTANT LIMITATIONS AND EXCLUSIONS OF THIS PRE-INSPECTION AGREEMENT ARE CONTAINED IN THE ATTACHED ADDENDUM ENTITLED LIMITATIONS AND EXCLUSIONS OF THE HOME INSPECTION AND REPORT. PLEASE READ THE ADDENDUM CAREFULLY. PLEASE FEEL FREE TO ASK ANY QUESTIONS. FOR ALL OTHER SERVICES PROVIDED BY THE COMPANY, IF ANY, THE TERMS AND CONDITIONS OF SUCH SERVICES ARE CONTAINED IN THE ADDITIONAL ATTACHED AGREEMENT AND /OR ADDENDUM.
LIMITATIONS AND EXCLUSIONS OF THE HOME INSPECTION AND REPORT
CLIENT AND COMPANY ( Company is also defined to include any and all inspection who inspection the contracted - for inspection as an employee or independent contractor of the Company) agree to the following terms and conditions:
11. CLIENT ATTENDANCE AND PERMISSION TO ACCESS SUBJECT PROPERTY: The Client acknowledges that Client and/or any authorized representative has been encouraged to attend and participate in the inspection and recognizes that failure to do so may result in less then a complete understanding of the findings.
The Client further acknowledges that such participation is at the Client's own risk.The Client warrants that permission has been secured for the Company to enter and inspect the Subject property.
12. STANDARDS OF PRACTICE: 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 a fee has been agreed upon. Home Inspectors, including the Company, are governed by the rules in the New Jersey Administrative Code contained at N.J.A.C. 13:40-15 and the Company and its inspector(s) shall comply with there rules. Failure to comply with there rules may subject the Company and its inspector(s) to discipline. The inspection is Limited by the exceptions and exclusions as contained in the Standards of Practice. N.J.A.C. 13:40-15.16, and this Pre-Inspection Agreement.
13. Definitions and Purpose of the Inspection: Home inspection means a limited visual, functional, non-invasive inspection, conducted
for a fee or any other consideration, and performed without moving personal property, furniture, equipment, plants, soil.snow, ice or debris, using the mandatory equipment and including the preparation of a home inspection report of the accessible elements of the following system and components of residential building structure, exterior; roofing; plumbing; electrical; heating; cooling; interior; and ventilation, fireplaces and solid fuel burning appliance, as described more fully in N.J.C. 13:40-15. 16(C), but excluding recreational facilities and outbuildings other then garages or carports .The purpose of the home inspection is to identify and report on material defects found in those sustems and components. A MATERIAL DEFECT is a condition, or functional aspect, of a structural component or system that is readily ascertainable during a home inspection that substantially affects the value, habitability or safety of the dwelling, but does not include decorative, stylistic, cosmetic, or aesthetic aspects of the system, structure or component. ACCESSIBLE means available for visual inspection without requiring the moving of personal property, dismantling, destructive measures, or any action which will likely involve rick to persons or property.
14. INSPECTION REPORT: The client and the Company agree that the Company, and its inspector(s), will prepare a written home inspection report which shall:(A) disclose those systems and components which are/were designated for inspection pursuant to N.J.A.C.13:40-15.16; (C) state and identify what material defects were found in the previously described systems and components; (D) state the significance of the findings; and (E) provide recommend, regarding the need to repair, replace and/or component, or obtain examination and analysis by a qualified professional, tradesperson and/or service technician.
15. INSPECTIION EXCLUSIONS THE COMPANY IS NOT REQUIRED (1) Enter any area or preform any procedure which is, in the opinion of the inspector, unsafe and likely to be dangerous to the inspector or other persons;(2) enter any area or perform any procedure which will, in the opinion of the inspector likely damage the subject property or its systems or components;(3) enter any area which dose not have at least 24 inches of unobstructed vertical clearance and at least 30 inches of unobstructed horizontal clearance; (40 identify concealed conditions and latent defects;(5) determine life expectancy of any system or component, condition and/or operation of any appliance where connecting piping, wiring and/or components are not readily accessible and visible;(6) determine the cause of any condition or deficiency;(7) determine future conditions that may occur including the failure of systems and components including consequential damage; (8) determine the operating costs of systems or components;(9) determine the suitability of the subject property for any specialized use;(10)determine compliance with codes, regulations, and/or ordinance;(11) determine market value of the subject property or its marketability;(12) determine advisability of purchase of the subject property;(13) determine 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; PCBs or other toxins; electromagnetic fields; underground storage tanks; proximity to toxic waste sites or sites being monitored by any state or federal agency; carbon monoxide; the presence of or any hazard associated with the use or placement of Chinese drywall at the subject property; or any other environmental or health hazards;(140 determine the effectiveness of any system installed or method utilized to control or remove suspected hazardous substances; (15) operate any system or component which is shut down or otherwise inoperable; (16) operate any system or component which dose not respond to normal operating controls; (17) operate shut-off valves; (18) determine whether water supply and waste disposal systems are public or private;(19) insert any tool, probe or testing device inside electrical panels; (20) dismantle any electrical device or control other then to remove the covers of main and sub panels;(21) walk on unfloored sections of attics; or (22) light pilot flames or ignite or extinguish fires. The Company IS NOT REQUIRED TO DETERMINE whether any system or component of the Subject Property has been affected by the illegal manufacture, distribution, storage, possession or sale of any illicit drugs, products or by-products, including, but not limited to, methamphetamines, and including any and all chemicals,tools,household fixtures or appliance used to facilitate such illegal activities.
16. BINDING ARBITRATION PROVISION. PLEASE READ CAREFULLY: Any dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any from of negligence, fraud or misrepresentation, and/or any violation of any law, statute, ordinance, regulation or code, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the inspection or report shall be submitted to final and binding arbitration as conducted by and according to the rules and Procedures of Construction Dispute Resolution, LLC. The decision of the arbitrator appointed by Construction Dispute Resolution Services,LLC shall be final and binding and judgment on the decision may be entered in any court of competent jurisdiction.NOTICE:YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
17. DISCLAIMER OF WARRANTY: The Client understands that the inspection and report do not, in any way, constitute guarantee, warranty of merchantability or fitness for a particular purpose, express or implied warranty, or an insurance policy. Additionally, neither the inspection nor inspection report is a substitute for any real estate transfer disclosures that may be required by law.
18. NOTICE OF CLAIMS: The Client agrees that any claim for failure of the Company to fulfill its obligations under this agreement shall be made in writing to the Company upon discovery. The Client also agrees to allow the Company ten (10) days to come to the Subject Property to inspect and evaluate any condition complained of by the Client to the Company and not to make, or allow others to make, any alteration to the claimed condition until the Company has the opportunity to inspect and evaluate the claimed condition, except in case of emergency.
19. CHOICE OF LAW: This Pre-Inspection Agreement shall by governed by New Jersey 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.
20. LIMITATION ON TIME TO BRING LEGAL ACTION. PLEASE READ CAREFULLY: Any legal action, including claims for, but not limited to, breach of contract, any from of negligence, fraud or misrepresentation, and/or any violation of any law, statute, ordinance, regulation or code, or any other theory of liability arising out of, from or related to this Pro-Inspection Agreement or arising out of, from or related to the inspection or report must be brought within one (1) year from the date of the inspection, regardless of when the Client fist discovers the facts supporting such possible claims as identified herein. Failure to bring said action within one (1) year of the date of services shall be a complete bar to any such action and a full and complete waiver of any rights, actions or causes of action that may have arisen from the inspection and/or inspection report. This time period may be shorter then otherwise provided by New Jersey law.
21. SYSTEMS & COMPONENTS NOT INSPECTED BY AGREEMENT: The Client and the Company agree that the following systems and/or components of the Subject Property are specifically excluded from the inspection at the request of the Client:
22. RESPONSIBILITY FOR RETURN INSPECTION:The Client understands that if any systems and/or components of the Subject Property cannot be inspected due to unforeseen circumstances during the inspection it is the Client's duty to contact the Company should the Client desire the Company to return to the Subject Property at a later date or time to inspect those systems and/or components. Any systems and/or components not inspected due to unforeseen circumstances will be identified in the report. if Client desires the Company to return at a later date time the Client hereby agrees that the Company will charge the Client an additional fee in the amount of $ 200.00 to conduct the return inspection.
23. Entire agreement: This Pre-Inspection Agreement and any subsequent report issued to the Client by the Compony represent the entire agreement between the parties. No oral agreement, understanding, or representation 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 and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever.The inspection is being performed for the exclusive use and benefit of the Client. The inspection, including the written report, is not to be transferred to, utilized or relied upon by any other person or entity within prior written permission of the Company.
24. CLINET'S AGREEMENT & UNDERSTANDING OF TERMS: By signing this Agreement, the undersigned Client agrees that he/she/I/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement, including the provisions for arbitration, and limitations and exclusions, and agree to pay the fee shown according to the terms above. the Client understands that the Client has a right to have an attorney of the Client's choice review this Agreement before signing it. The Client understands that if the Client dose not agree with any of the terms, conditions, limitations and/or exclusions set forth in this Agreement, the Client is free to not sign it. The Client understands that the Client may retain another provider to perform the services contemplated by this Agreement. The Client further understands that, should the Client not agree to the terms and conditions set forth in this Agreement, the Client may negotiate with the Company for different terms and conditions.
LIMITATIONS AND EXCLUSIONS OF THE WDI WOOD DESTROYING INSECTS OF THE INSPECTION AND REPORT
CLINET AND COMPANY: (COMPANY) is also defined to defined to include any and all inspection who perform the contract- for inspection as an employee or independent contractor of the Company) agree to the following terms and conditions:
25. Client attendance and permission to Access Subject Property: The Client acknowledges that Client and/or any authorized representative has been encouraged to attend and participate in the inspection and recognizes that failure to do so may result in less then a completer understanding of the findings. The Client further acknowledged that such participation is at the Client's own risk. The Client warrants that permission has been secured for for the Company to enter and inspect the Subject Property.
26. STANDARDS OF PRACTICE: For the purposes of this agreement, the Client and company agree that the scope of the WDI inspection shall consist of the performance by the Company of a limited visual, functional, non-invasive inspection of the readily -accessible areas, as applicable to the Subject Property, including attics and crawlspaces which permit entry during the inspection. The inspection includes probing and/or sounding of unobstructed and accessible areas to determine the presence or absence of visual evidence of wood destroying insects. The Company is not responsible to repair any damage or treat any infestation at the Subject Property. The Client understands that wood destroying insects infestation and/or damage may exist in concealed or inaccessible areas. The Company cannot guarantee that any wood destroying insect infestation and/or damage disclosed by this inspection represents all of the wood destroying insect infestation and/or damage which may exist as of the dater of the inspection. The Client and the Company agree that the Company, and its inspector(s), will prepare a written WDI Infestation Report utilizing Form NPMA-33 prepared by the National Pest Management Association. FOR PURPOSES OF THIS INSPECTION, WOOD DESTROYING INSECTS INCLUDE: TERMITES, CARPENTER ANTS, CARPENTER BEES, AND RE-INFESTING WOOD BORING. THIS INSPECTION DOSE NOT INCLUDE MOLD, MILDEW OR NON-INSECT WOOD DESTROYING ORGANISMS.
LIMITED AND EXCLUSIONS OF THE RADON TESTING AND REPORT
CLIENT AND COMPANY: (Company is also defined to include any and all persons who perform the contracted-for testing as an employee or independent contractor of the Company) agree to the following terms and conditions:
27. CLIENT OBLIGATIONS AND PERMISSION TO ACCESS SUBJECT PROPERTY: The Client agrees to notify the occupants of the Subject Property of the importance of proper testing conditions, including:that the radon test must be conducted for a minimum of 48 hours (24 hours if using a computerized radon monitor):that it is important to maintain closed-house condition for at least 12 hours before the beginning of the test and during the entire test period:that if the house has an active radon0reduction system, the occupants make sure the vent fan is operating properly:that the occupants are permitted to operate the home's heating and cooling systems normally during the test period:and that the occupant cannot disturb the test device(s)at any time during the test. The Client understands that these issues can detrimentally affect the Company's ability to provide accurate testing results to the Client. The Client warrants that permission has been secured for the Company to enter the Subject Property and perform the radon test.
28. STANDARDS OF PRACTICE: The Company agrees to perform a short-term radon test using a radon measurement device approved by Your State which will be exposed to the air in the home at the Subject Property for a specified period of time and then sent to a laboratory approved by Your State For analysis following the testing procedures and protocols established by the laboratory and/or Your State. The Company and/or the laboratory will provide the results of the radon testing to the Client on a form approved by Your State. The Client understands that the results of the radon test are based on the conditions existing when the unforeseen factors or conditions beyond the control of the Company. if a more accurate test is desired, the Client should consider long-term testing. for purposes of this Paragraph, Your State is New Jersey.