Ask us how you can save up to 45% on your Home Owners Insurance
Inspection Agreement
JCM Building Services
Inspection Agreement
This is NOT a Warranty, Guarantee, Insurance Policy, or Substitute for Real Estate Disclosure Documents
This agreement is made and entered into by and between JCM Building Services, LLC , referred to as "Inspector",
and ____________________________________________________________, referred to as "Client".
In consideration of the promises and terms of this agreement, the parties agree as follows:
1. The Client will pay the sum of $___________ for the inspection of the "property", being the residence, and garage or carport, if applicable, located at ____________________________________________________________________. Additional or separate structures located on the property, such as sheds, detached garages, green houses, are excluded unless specifically identified for inspection on the inspection report.
2. The Inspector is acting as a home inspection generalist and is not acting as a licensed engineer, licensed contractor, or expert in any trade or craft, regardless of any licenses the Inspector may hold. The Inspector will perform a visual inspection and prepare a report of the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. If your Inspector or inspection report recommends the consulting of specialized experts, client must do so at client's expense.
4. Any area which is not exposed to view, is concealed, or is inaccessible because of soil, wall, floors, furnishings, duct work, or other thing is not included in this inspection. Any area or component which is determined by the Inspector to be unsafe to inspect or enter due to size restrictions, accessibility, slope, weather conditions, or risk of injury, is not included in this inspection. This inspection does not entail dismantling or destructive testing. Client agrees to assume all the risk for all conditions which are concealed from view at the time of inspection.
5. The Parties agree that the "Standards of Practice" shall define the standards of duty and the conditions, limitations, and exclusions of the inspection. The scope of the inspection and report is a limited visual inspection of the general systems and components of the home to identify any system or component listed in the report which may be in need of immediate repair. The inspection will be performed in compliance with generally accepted" Standards of Practice" of the International Association of Certified Home Inspectors (NACHI). A complete list of the NACHI "Standards of Practice" can be found at, www.nachi.org/sop.htm .
6. The parties agree and understand the Inspector is not an insurer or guarantor against defects in the structure, items, components, or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
7. Inspector's liability is strictly limited. Inspector's liability for mistakes or omissions in this inspection report is limited to a refund of the inspection fee for this inspection and report. The liability of Inspector's principles, agents, and employees is also limited to the fee paid. This limitation applies to anyone who is damaged or has to pay expenses of any kind because of mistakes or omissions in the inspection and report. This liability limitation is binding on client, Client's spouse, heirs, principals, 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 accept a refund of the fee as full settlement of any and all claims which may arise from this inspection.
8. The parties agree and understand that the inspector and its employees and its agents assume no liability or responsibility for the cost of repairing or replacing any unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. If repairs or replacement are done without giving the Inspector the required 72 hour notice, the Inspector will have no liability to the client. The Client further agrees that the Inspector is liable only up to the cost of the inspection.
9. In the event of a claim by the Client that an installed system or component of the premises which was inspected by the Inspector, the Client agrees to notify the Inspector at least 72 hours prior to repairing or replacing such system or component. The Client further agrees that the Inspector is liable only if there has been a complete failure to follow the Standards of Practice adhered to in this report. Furthermore, any legal action must be brought within two years from the date of the inspection or will be deemed waived and forever barred.
10. The Client agrees to read the entire inspection report. The inspection report to be prepared for Client is solely and exclusively for Client's own information and may not be relied upon by any other person. Client agrees to maintain the confidentiality of the inspection report agrees not to disclose any part of it to any other person. Client may distribute copies of the report to seller and the real estate agents directly involved in this transaction, but said persons are not specifically intended beneficiaries of this Agreement or the inspection report. Client and Inspector do not in any way intend to benefit said seller or the real estate agents directly or indirectly through this agreement or the inspection report. Client agrees to indemnify, defend and hold inspector harmless from any third party claims arising out of Client's unauthorized distribution of the inspection report.
I have read, understand and agree to all the terms and conditions of this contract and agree to pay the fee listed above.
Signed__________________________________________________ Date __________________
Print and send signed copy to:
Fax (772) 879-0641
Email jaycmurray@yahoo.com