Agreement (Please read carefully)
AGREEMENT is made and entered into by and between Perfection Inspection Inc.
referred to as “Inspector”, and (client’s name)_______________ referred to as
“Client”. REPORT IS INTENDED ONLY FOR THE USE OF THE PERSON PURCHASING THE
HOME INSPECTION SERVICES. NO OTHER PERSON, INCLUDING A PURCHASER OF THE
INSPECTED PROPERTY WHO DID NOT PURCHASE THE HOME INSPECTION SERVICES, MAY RELY
UPON ANY REPRESENTATION MADE IN THE REPORT. In consideration of the promise and terms of this
Agreement, the parties agree as follows:
1. The client will pay the sum of (Price
of the inspection)_________ for the inspection of the “Property”, being the
structure or building, located at (inspection
Inspector will perform a visual inspection and prepare 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 in accordance with
standards and practices set forth in Division 8 of OAR 812-008-0205. A function
of the inspection includes the use of its Infrared Camera which can capture
infrared and digital images. These additional technologically advanced features
are also used to meet ASHI requirements and are used for the benefit of the
client. Latent and concealed defects and deficiencies are excluded from the
inspection and Perfection Inspection Inc. in no way purports to perform any
service beyond the standard “visual inspection” of a Home Inspector.
3. The parties understand and agree
that the Inspector and its employees and its agents assume no liability or
responsibility for the costs 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
is done without giving the Inspector the required 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.
4. 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.
5. This Agreement, including the terms and conditions
represents the entire agreement between the parties and there are no other
agreements either written or oral between them. This Agreement shall be amended
only by written agreement and signed by both parties. This Agreement shall be
construed and enforced in accordance with the laws of the State of Oregon, and
if that state’s laws or regulations are more stringent than the forms of the
agreement, the state law or rule shall govern.
6. Client has read this entire Agreement and accepts and
understands this Agreement as hereby acknowledged.
7. Systems, items, and conditions which are not within the
scope of the building inspection include, but are not limited to: radon,
formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi,
other environmental hazards; pest infestation; security and fire protection
systems; household appliances; humidifiers; paint, wallpaper and other
treatments to windows, interior walls, ceilings and floors; product recalls or
warranty claims; recreational equipment or facilities; underground storage
tanks; energy efficiency measurements; concealed or private secured systems;
water wells; heating systems accessories; solar heating systems; sprinkling
systems; water softener; central vacuum systems, telephone, intercom or cable
TV systems; antennae, lightning arrestors, trees or plants; governing codes,
ordinances, statutes and covenants and manufacturer specifications. Client
understands that these systems, items and conditions are not included in this
inspection. Any general comments about these systems, items and conditions of
the written report are informal only and DO NOT represent an inspection.
8. The Inspection and report are performed and prepared for
the sole and exclusive use and possession of the Client. No other person or entity
may rely on the report issued pursuant to this Agreement. In the event that any
person, not a party to this Agreement, makes any claim against Inspector, its
employees or agents, arising out of the services performed by Inspector under
this Agreement, the Client agrees to indemnify, defend and hold harmless
Inspector from any and all damages, expenses, costs and attorney fees arising
from such a claim.
Inspection will include a Wood Destroying Organism review if specifically
requested by Client
10. The Inspection will not include an appraisal of the
value or a survey. The written report is not a compliance inspection or
certification for past or present governmental codes or regulations of any
SEE NEXT PAGE FOR ADDITIONAL TERMS, CONDITIONS
Perfection Inspection Inc.
Inspection Agreement (ADDITIONAL
TERMS, CONDITIONS AND LIMITATIONS)
11. In the event of a claim against INSPECTOR, CLIENT agrees
to supply INSPECTOR with the following: (1) Written notification of adverse
conditions within 14 days of discovery, and (2) Access to the premises. Failure
to comply with the above conditions will release INSPECTOR and its agents from
any and all obligations or liability of any kind. Furthermore, any legal action
must be brought within one (1) year from the date of the inspection or will be
deemed waived and forever barred.
12. This inspection does not determine whether the property
13. Any dispute, controversy, interpretations or claim
including claims for, but not limited to, breach of contract, any form of
negligence, fraud or misrepresentation arising out of, from or related to, this
contract or arising out of, from or related to the inspection or inspection
report shall be submitted to final and binding arbitration under the Rules
and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction
Arbitration Services, Inc. The decision of the Arbitrator appointed there
under shall be the final and binding judgment on the Award and may be entered
in any Court of competent jurisdiction.
14. Client authorizes inspector to
release report and allow it to be forwarded to and by their representing agent
15. CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT,
AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
Inspector: Jim Allhiser