Assurance First Home Inspections Company

Home Inspection Agreement

This agreement for home inspection service (The Agreement) is entered into by and between Assurance First Home Inspections Company (AFHIC) and (The Client).

By this agreement The Client expresses the desire to have AFHIC inspect real property (The Property) located as described in this request for service.

The Client hereby hires AFHIC to perform a single service inspection of The Property in accordance with the terms, conditions and limitations set forth in The Agreement. The Client and AFHIC agree as follows:

1. The Client will pay AFHIC the agreed upon sum of for an inspection of the property, consisting of the main building and garage or carport, if applicable.

2. AFHIC will perform a visual inspection of the property as described herein. AFHIC will prepare a computer-generated report noting the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. The report will be presented to The Client on-site or within two business days from completion of inspection if immediate electronic delivery is not possible. AFHIC will present the report to The Client in paper form and/or by email to The Client as a PDF document.

LATENT AND/OR CONCEALED DEFECTS, CONDITIONS AND/OR DEFICIENCIES ARE EXCLUDED FROM THE INSPECTION.

3. The Terms and Conditions of The Agreement shall define the standard of care, the conditions, limitations and the exclusions of the inspection.

4. The Client understands and agrees that AFHIC and its representatives assume no liability or responsibility for costs of repairing and/or replacing any reported or unreported defect or for any condition, or damage, or injury resulting from the use or non-use of any structure, system, component or item related to or not related to The Property. AFHIC assumes no liability for conditions, which either currently or in the future either cause or allow cause of any property damage, consequential damage or bodily injury of any kind.

5. The Client understands and agrees that AFHIC is not an insurer or guarantor against defects in the structure, systems, components or items inspected. AFHIC makes no warranty, express or implied, as to the fitness for use, or for the condition, performance or adequacy of any inspected structure, system, component or item.

6. If The Client is married, The Client’s spouse is equally bound by The Agreement including all terms and conditions of The Agreement, even if spouse has not signed The Agreement.

7. The Agreement, including the terms and conditions constitute the entire understanding and agreement between AFHIC and The Client. There are no other representations, warranties, covenants, understandings, or agreements, oral or otherwise between the parties other than those incorporated herein and to be delivered hereunder. The Agreement shall be amended, modified or supplemented only by written agreement signed by both parties. The Agreement shall be construed and enforced in accordance with the laws of the State of California.

TERMS AND CONDITIONS:

The following terms and conditions apply to all work performed for The Client by AFHIC:

1. It is understood and agreed that this inspection will be of readily accessible areas of the property and is limited to visual observations of apparent condition existing at the time of the inspection only.

2. Latent and concealed defects and deficiencies are excluded from the inspection. Structures, systems, components or items will not be dismantled or destructively tested. The inspector is not required to move personal property, debris, furniture, equipment, carpeting, or like materials that may limit access or visibility. Crawl spaces will not be entered if there is less than three feet of clearance or inspector feels endangered.

3. The inspection is not intended to be technically exhaustive. If cost estimates are quoted in the report, the estimates are based upon the inspector’s judgment or a range of prices available in the area. The estimates are not binding and the ranges may vary. Individual bids from contractors may vary substantially depending on the quality of the work, the circumstances, and the contractor submitting bids. The Client is urged to solicit estimates from properly licensed contractors for repairs.

4. Maintenance and other items may be discussed, but they are not a part of this inspection. The report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.

5. Pressure gauges are not required to be used to test air conditioners, water lines or gas lines. Garbage disposers are checked for on and off operation only. The dishwasher’s ability to fill and drain without obvious leaks is checked. Dishwashers, ranges, ovens, microwave ovens and like appliances, and their timers, controls or elements may not be checked. Self-cleaning ovens are not operated, inspected, or tested. Remote controls for garage doors or any other appliances or systems may not be checked. Electrical outlets are randomly checked. A sampling of windows and doors will be operated.

6. The inspection and report does not address and is not intended to address the possible presence of, or danger from, any potential harmful substances or environmental hazards, including, but not limited to natural gas, radon gas, lead paint, asbestos, urea formaldehyde, carbon monoxide, carbon dioxide, toxic or flammable chemicals, water related illness or disease, including lead or other harmful substance, or airborne related illness or disease and all other similar or potentially harmful substances. The Client is urged to contact a qualified specialist if information, identification or testing for the above is desired. In addition, the presence or absence of rodents, termites, other insects, wood destroying pests or any vermin is not covered by this inspection.

7. It is the responsibility of The Client to inquire about burglar/security alarm operation and service procedures to determine whether any alarm is owned or leased from a servicing company.

8. It is the responsibility of The Client to furnish the inspector with a list of any defects that are known at the time of the inspection. All disclosure statements must be given to the inspector prior to the start of the inspection. The Client is encouraged to attend the inspection. The inspection is to be considered a point in time inspection. Point in time inspection report is defined as; Inspected items are in the condition as reflected by the report at the time of the inspection report.

9. AFHIC accepts no responsibility for misinterpretation of this report. 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 will 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.

10. Payment is expected and due no later than upon commencement of the inspection. AFHIC will assess a billing charge of $50.00 for inspections not paid upon completion of the inspection, and an additional service charge of 1½% per month (18% per annum) for accounts not paid within 30 days. The inspection is considered to be complete when the written report is either sent to The Client electronically or delivered to The Client in paper form. AFHIC reserves the right to withhold delivery of the report to The Client pending payment. AFHIC will assess a $50.00 returned check charge. Any and all legal costs incurred by AFHIC to collect fees will be assessed against The Client.

11. AFHIC assumes no liability and shall not be liable for any mistakes, omissions or errors in judgment of its employees or subcontractors beyond the cost of the inspection/report. This limitation of liability shall include and apply to all consequential damages, bodily injury or death and/or property damage of any nature. AFHIC liability arising out of performance/non-performance of services to The Client will be limited to no more than The Agreement contract amount that AFHIC has agreed to charge The Client for the services identified in The Agreement. The Client agrees to indemnify and hold harmless AFHIC from and against all liabilities in excess of The Agreement contract amount.

12. Both Parties agree that AFHIC, its employees, agents or representatives assume no liability for the cost of repairing or replacing any reported or unreported defects or deficiencies, either current or arising in the future, or for any property damage, consequential damage or bodily injury of any nature resulting or not resulting from the performance of the duties or non-performance of the duties of The Agreement.

13. The inspection and report are not intended to be used as a guarantee or warranty, expressed or implied, regarding the adequacy, performance, life expectancy or condition of any inspected or excluded structure, system, component or item. The inspection and report are to be considered a point in time inspection report. Point in time inspection report is defined as; Inspected items are in the condition as reflected by the report at the time of the inspection report.

14. Any dispute, controversy or claim arising out of, or relating to, this agreement or the breach thereof shall be submitted to final and binding arbitration. Arbitration will be conducted through the offices of the Federal Mediation and Conciliation Service or in conjunction with some other arbitration service that is mutually agreeable to AFHIC and The Client. The arbitration shall be held in Riverside County, California. The cost of the arbitration shall be borne by The Client unless the arbitrator rules otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

15. If any provision of The Agreement shall be held unenforceable, invalid, or void to any extent for any reason, such provision shall remain in force and effect to the maximum extent allowable, if any, and the enforceability or validity of the remaining provisions of The Agreement shall not be affected thereby.

16. The inspection does not include a test for the presence of radon or other harmful or hazardous, or potentially harmful or hazardous, substances.

By checking the acceptance box below, The Client acknowledges that The Client has read, understands and accepts The Agreement including all Terms and Conditions declared by The Agreement. The Client further acknowledges by this selection that The Client has the authority to enter into The Agreement.