ValueGuard Pre Inspection Agreement
Copyright ©2017 ValueGuard USA Inc.
ValueGuard Home Inspections
Subject Property to be Inspected:
Inspection Date: Inspection Time:
PLEASE READ THIS DOCUMENT AND ATTACHED ADDENDUM(S) CAREFULLY. IT CONTAINS PROVISIONS THAT LIMIT YOUR RIGHTS, INCLUDING YOUR RIGHT 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 PRIOR TO SIGNING THIS AGREEMENT.
The Client authorizes ValueGuard USA, Inc, dba ValueGuard Home Inspections, hereinafter referred to as “the Company”, 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).
The total fee for our service(s) is $ Payment is expected before or at the time of inspection. All expenses incurred in collecting any overdue payments or returned checks are the responsibility of the Client.
REPORT DISTRIBUTION: The Client controls the distribution of all inspection reports and authorizes the Company to release copies of the report or summary to Client’s Real Estate Agent.
NOTE: IMPORTANT LIMITATIONS AND EXCLUSIONS OF THIS PRE-INSPECTION AGREEMENT ARE CONTAINED IN THE FOLLOWING ADDENDUM ENTITLED LIMITATIONS AND EXCLUSIONS OF THE HOME INSPECTION AND REPORT. PLEASE THE READ THE ADDENDUM CAREFULLY. PLEASE FEEL FREE TO ASK ANY QUESTIONS.
LIMITATIONS AND EXCLUSIONS OF THE HOME INSPECTION AND REPORT
CLIENT AND COMPANY (Company is also defined to include any and all inspectors who perform the contracted-for inspections as an employee or independent contractor of the Company) agree to the following terms and conditions:
- 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 than 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.
- Standards of Practice: The scope of this inspection is defined and limited by the standards, limitations, exceptions and exclusions as contained in the Standards of Practice and Code of Ethics of the American Society of Home Inspectors, Inc.® (“ASHI® SoP”), the provisions of the Pennsylvania Home Inspection Law, 68 Pa. C.S. § 7501, et seq., and this Pre-Inspection Agreement. Inspections performed under the ASHI® SoP are intended to provide the client with information about the condition of inspected systems and components at the time of the home inspection. Additionally, inspections performed under the ASHI® SoP are not technically exhaustive, and are not required to identify or to report: concealed conditions; latent defects; consequential damages; and cosmetic imperfections that do not significantly affect a component’s performance or its intended function.
- Definitions and Purpose of the Inspection: Home inspection means a noninvasive visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components and performed for a fee in connection with or preparation for a proposed or possible residential real estate transfer. The term does not include an examination that is limited to the inspection for one or more of the following: wood destroying insects; underground tanks and wells; underground waste pipes; septic systems; swimming pools and spas; alarm systems; air and water quality; tennis courts and playground equipment; pollutants; toxic chemicals; and environmental hazards. A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect.
- Inspection Report: The Client and the Company agree that the Company, and its inspector(s), will prepare a written inspection report which shall (A) describe of the scope of the inspection, including without limitation an identification of the structural elements, systems and subsystems covered by the report; (B) describe any material defects noted during the inspection; (C) where necessary, recommend that certain experts be retained prior to settlement to determine the extent of the defects and any corrective action that should be taken; and (D) conspicuously identify any material defect that poses an unreasonable risk to people on the Subject Property. The contents of the inspection report are for the sole use of the Client and no other persons or party may rely on this report for any reason or purpose whatsoever.
- Inspection Exclusions: The Company IS NOT REQUIRED TO DETERMINE: the condition of systems and components that are not readily accessible; the service life of systems and components; the remaining life expectancy of systems and components; the strength, adequacy, effectiveness, and efficiency of systems and components; the causes of conditions and deficiencies; methods, materials, and costs of corrections; future conditions including but not limited to failure of systems and components; the suitability of the Subject Property for specialized uses; compliance of systems and components with past and present requirements and guidelines (including, but not limited to, codes, regulations, laws, ordinances, specifications, installation and maintenance instructions, and use and care guides); the market value of the Subject Property and its marketability; the advisability of purchasing the Subject Property; the presence of plants, animals and other life forms and substances that may be hazardous or harmful to humans including, but not limited to, wood destroying organisms, pests, vermin, molds and mold-like substances; the presence of environmental hazards including, but not limited to, allergens, toxins, carcinogens, electromagnetic radiation, noise, radioactive substances, and contaminants in building materials, soil, water, and air; the effectiveness of systems installed and methods used to control or remove suspected hazardous plants, animals, and environmental hazards; presence of Knob & Tube (K&T) if not the predominant branch circuit wiring method; latent defects associated with wall cladding types/manufacturer defects and or installation, including but not limited to stucco, EIFs/synthetic stucco, ACMV (Adhered Concrete Masonry Veneer) and rain screen siding not discoverable in a visual, non-intrusive inspection; future moisture intrusion or penetration; operating costs of systems and components; acoustical properties of systems and components; soil conditions relating to geotechnical or hydrologic specialties; or whether items, materials, conditions and components are subject to recall, controversy, litigation, product liability, and other adverse claims and conditions. The Company IS NOT REQUIRED TO OFFER OR TO PERFORM: acts or services contrary to law or to government regulations; architectural, engineering, contracting, or surveying services or to confirm or to evaluate such services performed by others; trades or professional services other than home inspection; or warranties or guarantees. The Company IS NOT REQUIRED TO OPERATE: systems and components that are shut down or otherwise inoperable; systems and components that do not respond to normal operating controls; shut-off valves and manual stop valves; or automatic safety controls. The Company IS NOT REQUIRED TO ENTER: areas that will, in the professional judgment of the inspector, likely be dangerous to the inspector or to other persons, or to damage the Subject Property or its systems and components; or under-floor crawlspaces and attics that are not readily accessible. The Company IS NOT REQUIRED TO INSPECT: underground items including, but not limited to, underground storage tanks and waste pipes, whether abandoned or active; that are not installed; installed decorative items; items in areas that are not entered in accordance with the ASHI® SoP; detached structures other than garages and carports; common elements and common areas in multi-unit housing, such as condominium properties and cooperative housing; every occurrence of multiple similar components; outdoor cooking appliances. The Company IS NOT REQUIRED TO: perform procedures or operations that will, in the professional judgment of the inspector, likely be dangerous to the inspector or to other persons, or to damage the Subject Property or its systems or components; describe or report on systems and components that are not included in the ASHI® SoP and that were not inspected; move personal property, furniture, equipment, plants, soil, snow, ice, and debris; dismantle systems and components, except as explicitly required by the ASHI® SoP; reset, reprogram, or otherwise adjust devices, systems, and components affected by inspection required by the ASHI® SoP; ignite or extinguish fires, pilot lights, burners, and other open flames that require manual ignition; or probe surfaces that would be damaged or where no deterioration is visible or presumed to exist. Material defect cost estimates are approximations and, if provided, ARE NOT INTENDED TO represent or influence, in any way, the value of the property. Defects not identified as a cost range may have unknown variables or are outside of the inspector’s professional ability to provide an accurate estimate. The Company recommends obtaining an estimate from a contractor who performs the type of repair involved prior to settlement.
- 6. BINDING ARBITRATION PROVISION. PLEASE READ CAREFULLY: Any dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, 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 the report shall be submitted to final and binding arbitration as conducted by and according to the Rules and Procedures of Construction Dispute Resolution Services, 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. All proceedings to take place in the state where the services are performed. 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.
- Disclaimer of Warranty: The Client understands that the inspection and report do not, in any way, constitute a guarantee, warranty of merchantability or fitness for a particular purpose, express or implied warranty, or an insurance policy. Additionally, neither the inspection nor the report is a substitute for any real estate transfer disclosures that may be required by law.
- 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 had the opportunity to inspect and evaluate the claimed condition, except in case of emergency.
- Choice of Law: This Pre-Inspection Agreement shall by governed by Pennsylvania 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.
- LIMITATION OF LIABILITY. PLEASE READ CAREFULLY: The Client understands and agrees that the Company is not an insurer and that the payment for the inspection and report is based solely on the value of the service provided by the Company in the performance of the limited visual inspection and production of the report as described herein. The Client further understands and agrees that it is impracticable and extremely difficult to fix actual damages, if any, which may result from a failure to perform such services. Thus, the Client agrees that the sole and exclusive remedy for any claims against the Company, including claims for, but not limited to, breach of contract, any form of negligence (except gross negligence), fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, 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, is limited to an amount equal to the inspection fee multiplied by two (2) or to the sum of one thousand dollars ($1,000.00), whichever sum shall be less, as liquidated damages and not as a penalty. The Client releases the Company from any and all additional liability, whether based on contract, tort, or any other legal theory. The Client understands that he/she/they is/are free to consult with another professional if the Client does not agree to this provision.
- Statute of Limitations: The Client understands and agrees that an action to recover damages arising from a home inspection report must be commenced within one year after the report is delivered.
- Responsibility for Return Inspections: 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 or time the Client hereby agrees that the Company will charge the Client an additional fee in the amount of $200 to conduct the return inspection.
- Entire Agreement: This Pre-Inspection Agreement and any subsequent report issued to the Client by the Company represent the entire agreement between the parties. No oral agreements, understandings, or representations 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 without prior written permission of the Company.
- Client’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 does 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.
I have read and agree to each of the terms, conditions, limitations and exclusions of this Pre-Inspection Agreement and the above addendum.
Client’s Signature: _____________________________________________________ Date: ___________________
Client’s Name: ________________________________________________________