Inspection Agreement

THIS AGREEMENT IS SUBJECT TO ARBITRATION

PURSUANT TO THE UNIFORM ARBITRATION ACT, S.C. CODE § 15-48-10, ET SEQ.

Inspection Agreement

THIS INSPECTION AGREEMENT IS A LEGALLY BINDING CONTRACT.

PLEASE READ IT CAREFULLY.

Client Name: __________________________________ Total Fee: $______________

Address of Property to be Inspected: ____________________________________________________________________

This professional services agreement (“Agreement”) is made by and between Accucheck Home, LLC, (“Inspector”) and the undersigned client (“Client”).

TYPE OF INSPECTION: Inspector shall perform a limited visual inspection of the property located at the address written above (“Property”) and produce a written report consistent with the terms and conditions set forth in this Agreement (“Inspection”).

PAYMENT: Client shall pay a fee for the Inspection in the amount written above. Payment is due upon delivery of the written report, whether by hard copy or electronic transmission unless other arrangements have been made in writing. If Client fails to make payment, then Client shall remain liable for the balance due and a late fee of $35 per month will be assessed. Client agrees to pay all costs involved in collecting unpaid fees including, but not limited to, attorney fees and expenses, court and arbitration expenses, collection agency costs, travel expenses, and other expenses. If Client cancels the Inspection less than 24 hours prior to the scheduled Inspection, then Client shall pay the full fee written above. If additional visits, reports, or services are requested of Inspector for any reason, an additional fee will be charged.

SCOPE OF INSPECTION: The Parties agree that the scope of the Inspection, including any duties, limitations, and exclusions, shall be defined by the The Standard of Practice for Home Inspections of the American Society of Home Inspectors (“ASHI Standards”), as adopted by the State of South Carolina. The ASHI Standards are incorporated by reference herein and a copy of the ASHI Standards shall be provided to the Client upon request.

Pursuant to the ASHI Standards, Inspector shall perform a limited visual inspection and provide Client with a written report of the apparent condition of the readily accessible installed systems and components of the Property existing at the time of the Inspection. The Inspection is not technically exhaustive and will not reveal all defects including concealed and latent defects, which are expressly excluded from the Inspection. No removal of materials or dismantling of systems shall be performed during the Inspection. The Inspection may be limited by weather or other conditions during the Inspection. Client, in conjunction with the seller and respective agents, shall ensure that the property is ready for the Inspection. Inspector will not turn on, ignite, or inspect any utility service, major system, item, or component that is shut down or not connected to a functioning system at the time of the Inspection. Whether or not concealed or inaccessible, the following is a non-exhaustive list of systems, items, conditions, and components not within the scope of the Inspection:

Violation of any past or present building or governmental codes, ordinances, or regulations;
Violation of any covenants or zoning ordinances;
Violation of any manufacturer’s specifications or instructions;
Environmental hazards including, but not limited to, radon, formaldehyde, lead, lead based paint, asbestos, Chinese drywall, toxic or flammable materials, formaldehyde, molds, mildew, fungi, or spores thereof;
Security and fire protection systems;
Free standing appliances, such as washers, dryers, window air conditioning units, refrigerator and other personal property;
Paint, wallpaper, and other decorative treatments;
Fences, gates, and related components;
Recreational equipment or facilities;
Concealed or private secured systems;
Water wells or well pumps;
Central vacuum systems, Dehumidifiers;
Survey of the property;

Engineering analysis of any kind, including structural integrity and system design problems;
Pest infestations and wood destroying organisms including, but not limited to, termites, carpenter ants, wood boring beetles, and fungal rot;
Conditions relating to animals, rodents, or other household pests or the damage caused thereby;
Underground tanks and pipes;
Accessories for HVAC system or auxiliary heating units, including gas logs;
Solar heating systems;
Irrigation and sprinkler systems;
Water conditioning/softening systems;
Telephone, intercom, antennae, lightening arrestors, and cable TV cables;
Landscaping, including trees or plants;
Energy efficiency measurements;
Septic systems;
Appraisal of the property value.
Docks and related equipment, sea walls;
Retaining walls that do not directly affect the house.

Any general comments in the written report about items not within the scope of the Inspection are informal only, done as a courtesy to Client, and do not alter or expand the scope of the Inspection. The Parties understand and agree that Inspector assumes no liability or responsibility for the costs of repairing or replacing any reported or unreported defects or deficiencies either current or arising in the future. Client agrees to assume all the risk for conditions which are concealed from view or inaccessible to the Inspector at the time of the Inspection.

PAST AND KNOWN DEFECTS: Prior to the Inspection, the Client shall inform the Inspector of any and all past and currently known defects and/or past inspections performed, whether by a home inspector, pest control company, structural engineer, or other entity. The Client shall inform the Inspector of the history of all known structural problems of the Property regardless of repair and of any known natural or man-made disasters occurring at the Property (e.g., fire, flood, roof leaks, pipe bursts, etc.).

NO WARRANTIES OR GUARANTEES: The Parties to this Agreement agree and understand the Inspector is not an insurer or guarantor against defects in the Property, including any defects in the structure, items, components, or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE, OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM. The Inspection is not a substitute for real estate transfer disclosures which may be required by law. The Client further agrees that the payment for the Inspection is based solely on the value of the service provided by Inspector in the performance of a limited visual inspection, the scope of which is defined in this Agreement.

RIGHT OF OBSERVATION PRIOR TO REPAIR: Client shall immediately notify Inspector of all components and conditions upon which Client may base claims, actions, and complaints against Inspector. Client shall provide Inspector the opportunity and a reasonable amount of time to observe all such components and conditions prior to making repairs or replacements (except emergency repairs necessary to protect life and property). Failure by Client to provide Inspector with the opportunity to observe all such components and conditions prior to repair or replacement will forever bar Client from instituting claims, actions, and complaints of any kind involving the Inspection.

THIRD PARTIES: Client agrees that the Inspection and the written report are for the Client’s benefit and use only. The written report is prepared for the Client and may not be used or relied upon by any person or entity other than the Client. The Client agrees to not rely on the report alone in making decisions about the Property. The Client agrees to maintain the confidentiality of the report and reasonably protect the report from distribution to any other person. Client agrees to indemnify, defend, and hold harmless the Inspector, its owners, employees, and agents, for any damages or expenses, including legal fees and expenses, involved in defending against any claim made by a third party resulting from the work performed under this Agreement, the Inspection, or the report. Client expressly authorizes Inspector to provide copies of the written report and to discuss Inspector’s findings with parties who may, in the Inspector’s opinion, have a need for the information contained in the report including, but not limited to, the owner, owner’s contractors, real estate agents, and government inspectors.

RIGHT OF ACCESS: Client shall secure from the owner of the Property permission for Inspector to enter the Property at a mutually agreeable time to conduct the Inspection. By signing this Agreement, the Client represents and warrants that such permission has been secured. Client agrees to indemnify, defend, and hold harmless the Inspector, its owners, employees, and agents from any action instituted against them by the owner of the Property due to Client’s failure to secure Inspector’s right of access.

DISPUTE RESOLUTION: Upon demand of Inspector or Client, all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of South Carolina or another location mutually agreeable to the Parties. The arbitrator’s decision shall be final and binding on the parties, and judgment upon any determination or award may be entered in any court having jurisdiction. To the extent permitted by applicable law, Client hereby knowingly, voluntarily, and intentionally waives any right Client may have to a trial by jury in respect to any litigation based on, arising out of, or in connection with this Agreement and/or the services provided by Inspector.

MISCELLANEOUS PROVISIONS: The Parties declare and represent that they have read this Agreement and that no promise, inducement, or agreement not herein expressed has been made to them and that the instrument contains the entire agreement between the parties hereto and that the agreement herein contained shall be binding on the heirs, executors, administrators, and assigns of the Parties, and further, that if any paragraph or part of this Agreement is found void or unenforceable, then the remainder of this Agreement shall not be affected and shall remain in force between the parties. Any modifications to this Agreement must be made in a writing signed by all parties. This Agreement shall be construed in accordance with the laws of the State of South Carolina.

REPORT DEFINITIONS: Client understands the following report definitions:

Apparent Condition: Systems and components are rated as follows:

IN = INSPECTED – Indicates the component or area was inspected and is functionally consistent with its original purpose but might show signs of normal wear and tear, or age.
NI = NOT INSPECTED – Indicates that component was not available for inspection or could not be inspected. If critical to the home purchase decision, recommend subsequent follow-up by a licensed and qualified tradesperson prior to closing.

NP = NOT PRESENT – Indicates that the component was not present or could not be located for inspection.

MP = MAINTENANCE REPAIR/REPLACE – This item, component or unit needs typical periodic maintenance to operate properly. Maintenance should be performed by the homeowner on a regular basis to maintain the proper function of the item.
RR = REPAIR/REPLACE or follow-up – Indicates the component or area will need repair, replacement, or subsequent follow-up, preferably by a qualified and licensed tradesperson/contractor, for proper function, or to restore original operating intent. Documentation of repairs made, prior to closing, is recommended.

Installed systems and components: Structural components; exterior; interior; roofing; plumbing; built-in appliances; electrical; heating; central air-conditioning (weather permitting); insulation; and ventilation.
Readily accessible systems and components: Only those systems and components where Inspector is not required to remove personal items, furniture, equipment, soil, snow, or other items which obstruct access or visibility, or could require the inspector to perform an unsafe or potentially hazardous act.

LIMITATION OF LIABILITY

THE CLIENT UNDERSTANDS AND AGREES THAT SHOULD INSPECTOR AND/OR ITS OWNERS, OFFICERS, AGENTS, OR EMPLOYEES BE FOUND LIABLE UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, VIOLATION OF STATUTE, OR OTHERWISE, FOR ANY LOSS OR DAMAGE RELATING TO INSPECTOR’S SERVICES OR RESULTING FROM A FAILURE TO PERFORM ANY OBLIGATION, THEN THE TOTAL LIABILITY OF INSPECTOR AND/OR ITS OWNERS, OFFICERS, AGENTS, OR EMPLOYEES SHALL BE LIMITED TO A SUM EQUAL TO THE AMOUNT OF THE FEE PAID BY THE CLIENT FOR THE INSPECTION AND REPORT AS WRITTEN ABOVE.

CLIENT INITIALS__________

Client has read the Agreement, including the dispute resolution and limitation of liability provisions, and acknowledge that they understand the Agreement, have had the opportunity to negotiate the terms of the Agreement, and agree to be bound by the terms and conditions stated herein. Client understands that one signature on the Agreement binds all parties with an interest in the Property.

Client Signature: _____________________________________ Date: ___________

Client Street Address (current): Client Present: Yes No

City/State/Zip (current): _____________________________________________

Agent present: Yes No Agent’s Name: ___________________________________

Inspector’s Signature Date: __________________

Client agrees to release reports to seller/buyer/real estate agent: Yes No

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