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LaBarre Home Evaluations, herein after known as the inspector or
LHE, agrees to conduct an inspection, for the purpose of informing
the client, of Major deficiencies in the condition of the property
named above.
THE INSPECTION AND REPORT IS
NOT TO BE CONSIDERED A GUARANTEE OR WARRANTY OF FUTURE PERFORMANCE OF
COMPONENTS. THE INSPECTION IS NOT A HOME WARRANTY INSURANCE, WHICH IS
AVAILABLE FROM OTHER SOURCES.
1)
Legal access to the entire property will be provided to the inspector
for the purpose of performing and compiling a complete home
inspection. This access includes, but not limited to, the
following: Walking on the roof surface, if deemed safe by the
inspector; attics; electrical panels; AC equipment and water heaters.
2) The
purpose of this inspection is to identify and disclose visually
observable major deficiencies of the inspected systems and items at
the time of the inspection only. Detached buildings, other than
a carport or garage, are not included, unless contracted for as an
addition to the inspection. It is the responsibility of the client to
perform a walk through inspection prior to closing, for the purpose
of identifying any changes from the condition at the time of the
inspection. We can offer this service, for a fee, if requested by the client.
3) Any
dispute, controversy, or claim arising out of, or related to, this
contract, pertaining to the performance or lack of performance of the
inspector, or the breach thereof shall be submitted to final and
binding arbitration under the Expedited Arbitration Rules of the
American Arbitration Association. The three arbitrator(s)
should have knowledge of the home inspection industry and one
arbitrator must be a member of ASHI® with at least five (5) years
of home inspection experience. The cost of arbitration will be
paid by the filing party. The decision of the arbitrators
appointed thereunder shall be final and binding and judgement of the
award may be entered into any Court of competent jurisdiction, unless
otherwise awarded by the arbitrators.
4) The
inspection service is conducted at the property. The physical
on-site inspection of the property is a very valuable time of
exchange of information between the inspector and the Customer.
Any particular concern of the Customer must be brought to the
attention of the inspector before the inspection begins, this
includes disclosed issues and issues discovered by any other
inspector prior to our visit. The written report will not
substitute for the Customer's personal presence during the
inspection. It is virtually impossible to fully profile any
home with any reporting system. Unless the Customer attends and
participates in the inspection process itself, the Customer will have
no chance of taking advantage of the full services of the inspection
and may loose some legal rights under this contract and terms in the
inspection report.
5) The
inspector agrees to provide a written (hard or digital copy)report
which substantially agrees with the current Standards of Practice of
The American Society of Home Inspectors®, (as provided to the
customer upon request) for the above fee to be paid at the time of
the inspection or as agreed upon prior to the inspection by LaBarre
Home Evaluations.
6) In the
event the inspector is required to give testimony or appear in court
because of having made this report and inspection, an hourly fee of
$100.00 will be charged, from the time the inspector leaves the
office till returning thereto. This fee also applies to dispute
resolution, if the client is determined, by the arbitrator, to have
malicious intent in filing the arbitration.
7) LaBarre Home
Evaluations guarantees that neither the company nor the Inspector(s)
have any interest, present or contemplated, in this property or in
any potential correction, pursuant to issues described in the
inspection, other then the fee charged for the inspection.
8) Due to the
nature of this service, LHE operates on nearly 100% referrals.
LHE certifies that this service is performed totally independent of
our referral sources. Due to this total independent function, the
client agrees to indemnify or hold harmless, all other parties in the
transaction or the individual or entity of any referral of our
service, in regard to any complaint made to LHE or any dispute
resolution related to this service.
9) The
inspection and reports are the property of LaBarre Home Evaluations,
performed for the sole, confidential and exclusive use of the CLIENT
in the current transaction and not for resale and/or
transferable. Any contents of the written report will be deemed
invalid unless accompanied by the entire written report, excluding
photographs, pamphlets and ASHI Standards. Copies of the entire
report, necessary for the real estate transaction, may be made from
the written report, for informational purposes to other parties of
this transaction only and must be surrendered to the client or
LaBarre Home Evaluations upon completion or termination of this transaction.
10) Items
and / or conditions not specifically documented in the written
report, are not considered to be inspected and/or observed, this
would include, but not limited to: concealed or latent defects.
Furthermore, the inspector is not responsible to detect conditions
the home owner or other parties would have been required to disclose.
As stated above, these issues must be brought to the attention of the
inspector at the inspection, which the inspector will evaluate and
report on as deemed necessary.
The CLIENT expressly
acknowledges that the above agreement has been carefully read and
that the CLIENT understands the scope of the limitations of the
inspector / inspection, and on that basis, agrees to the inspection
with all the terms, limitations and exclusions contained herein,
acknowledged by their signature below. Payment for services,
for the amount indicated above, is expected on or before the date of
the inspection, unless special arrangements are made prior to the
date of the inspection. In the event of untimely payment, the
client will receive one past due notice. If a second and final notice
becomes necessary, the client will be considered in default and be
subjected to pay triple the contract fee and any applicable attorney
fees, together with a monthly interest in the amount of 1.5% of
the balance due under the terms of this contract beginning on the
date of delivery of the written report. The amount of $25.00
will be charged for all checks returned for insufficient funds.
Date___________________________
Date____________________________
_______________________________
____________________________
CLIENT OR THEIR LEGAL
REPRESENTATIVE
PRESIDENT / INSPECTOR
05/21/07 |
