Hewatt Home Inspections
2909 N. Sharon Church Rd.
Loganville Georgia 30052

Agreement

Please read carefully.


Hewatt Home Inspections Inc.


Hewatt Home Inspections Inc.

Pre-Inspection Agreement

1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide the CLIENT with a written inspection report identifying the defects that the INSPECTOR both observed and deemed material. The INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller's disclosure.

2. Unless otherwise inconsistent with this Agreement or not possible, the INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of the Georgia Association of Home Inspectors posted at http://www.GAHI.com. The CLIENT understands that these standards contain certain limitations, exceptions, and exclusions.

3. The inspection and report are performed and prepared for the use of the CLIENT, who gives the INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. The INSPECTOR accepts no responsibility for use or misinterpretation by third parties. The INSPECTOR`S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement.

4. The INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. The CLIENT acknowledges that the liability of the INSPECTOR, agents, employees, for claims or damages, costs of defense or suit, attorney`s fees and expenses and payments arising out of or related to the INSPECTOR`S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. The CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.

5. The INSPECTOR does not perform engineering, architectural, plumbing, electrical or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place.


6. It is common to have areas that no longer comply with current building code. Although references may be made to building codes and standards, the inspector is ONLY required to enumerate building codes for new construction inspections.

7. EXCLUSIONS AND LIMITATIONS: The inspection is limited to visual observation of apparent conditions existing at the time of the inspection and is not technically exhaustive. The inspection does not include areas which are inaccessible including but not limited to: behind walls, wall hangings and pictures; behind and under furniture and equipment; under rugs; below soil level; and areas where debris or personal items obstruct access or visibility of any system or component; or evaluation of special equipment or accessories that are not listed as components to be inspected in the Standards of Practice of the Georgia Association Of Home Inspectors. The inspector will not operate any system or component that is shut down or otherwise inoperable, or one that does not respond to normal operating controls. The inspector will not operate any heating or cooling systems when weather conditions or other circumstances may cause equipment damage.
 
8. The following items are not a part of the inspection, including but not limited to: Pools, spas, hot tubs or equipment related to them; elevators; washers and dryers; water filtration units; security alarms; intercoms; service or equipment related to phone, cable or satellites; window treatments; oven clocks, timers or self-cleaning functions; central vacuum systems; solar systems; synthetic stucco; septic fields, septic systems, well systems, underground or concealed systems; detached buildings; or heat exchangers.
 
9. The inspection does not address and is not intended to address: the possible presence of any danger from any potentially harmful substance and environmental hazards, including but not limited to: Radon gas, lead based paint, asbestos, urea formaldehyde (UFFI), toxic or chemical analysis, carcinogens, mold, fungi, airborne hazards, bio-aerosols, soil or geological conditions, polluted water, noise, or underground oil tanks.
 
10. In the event of a claim against the INSPECTOR, the 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.

11. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.

12. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of the INSPECTOR or its agents shall be binding unless reduced to writing and signed by the INSPECTOR. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors, and assignees. The CLIENT shall have no cause of action against the  INSPECTOR after one year from the date of the inspection.

13. Payment of the fee to the INSPECTOR is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney fees if any. If CLIENT is a corporation, LLC, or similar entity, the person signing this agreement on behalf of such entity does personally guaranty payment of the fee by the entity. 

14. If the CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.


15. In providing the property inspection and inspection report, information about the client, inspector, real estate professional, and property will be collected and input into inspector’s software, which the inspector uses to produce the inspection report. This information may include personally identifiable information about the client, inspector and real estate professional. This information may subsequently be used by the inspector to communicate with the client.

InspectorPro Insurance, which insures Hewatt Home Inspections, will not honor a claim unless this inspection agreement is completed.

This Agreement is not transferable or assignable.



By Acknowledging this Agreement you confirm that you have read, understood and accepted the terms and conditions of this agreement and agree to pay the charges agreed upon at or before the inspection.