HAPPY HOME INSPECTIONS
3157 Rob Cay Drive
Merritt Island FL 32952
Inspection Agreement
[PRINT FRIENDLY VERSION]
Please read carefully.
Scope of Inspection
Happy Home Inspections Inc., herein after (“Inspector”) agrees to perform a limited visual inspection of the residential structure at the above address and to provide Client with a written opinion as to the apparent general condition of the structure’s components and systems, including identification of significant observable deficiencies as they exist at the time of inspection.
1. This inspection is not intended to be technically exhaustive nor is it considered to be a GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE CONDITIONS OF THE PROPERTY, ITEMS AND SYSTEMS INSPECTED, AND IT SHOULD NOT BE RELIED ON AS SUCH. The inspector shall not be held responsible or liable for any repairs or replacements with regard to this property, systems, components, or the contents therein. Inspector is neither a guarantor or insurer.
2. The inspector will not attempt to determine the life expectancy or future performance of any system or component. The inspector will not attempt to report on systems, items, or conditions that are not readily accessible, Client agrees to assume all risk for all conditions which are concealed from view at the time at the inspection or exist in any area excluded from inspection by the terms of this Agreement or in the Inspection Report.
The inspection will be performed in a manner consistent with the standards of the International Association of Building Inspectors (InterNACHI). A copy of these standards can be obtained upon written request to Happy Home Inspections Inc.
Inspection Exclusions
3. The following areas/items, systems and components are NOT included in the inspection. Building code or zoning ordinance violation or any structure in violation of any building or zoning ordinance or code, systems or component installation, permit research, structural stability or engineering analysis, geological stability of soils, wave action or hydrological stability, termites or other wood destroying insects or organisms, rodents or other pests, dry-rot fungus, latent or concealed defects, asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals, water or air quality, mold, PCB’s or other toxins and environmental hazards, underground storage tanks, proximity to toxic waste sites or other environmental or health hazards, private water or sewage systems, pools, spas, hot tubs, saunas, steam baths, fountains or other types of or related systems and components, repair cost estimates, condition of detached building or pool, building value appraisal, radio controlled devices, automatic gates, elevators, lifts, dumbwaiters, thermostatic or time clock controls, water softener or purifiers, radiant heat systems, furnace heat exchanger, solar heating systems, gas appliances such as fire pits, barbecues, heaters and lamps, main gas shut off valve, any gas leaks, odors or noise, seismic safety, freestanding appliances, or personal property, areas owned and maintained by a condominium association are not reported on; (common areas) security or fire safety systems, any adverse condition that may affect the desirability of the property; proximity to railroad tracks or airplane routes, boundaries, easements or rights of way; unique/technically complex systems or components, adequacy or efficiency of any system or component, electrical load determination, other items specifically noted as excluded in the inspection report central alarms/smoke detectors, determining the flooding conditions of a basement.
Indemnity, Liability, Remedies, and Damages
4. THIS INSPECTION AGREEMENT AND THE INSPECTION REPORT ARE INTENDED ONLY FOR CLIENT(S) BENEFIT, AND IS THE PROPERTY OF THE INSPECTOR AND THE CLIENT ONLY. CUSTOMER AGREES TO PROTECT, INDEMNIFY, DEFEND AND RELEASE THE INSPECTOR AND ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS FROM LIABILITY AGAINST ANY AND ALL CLAIMS OR LOSSES (INCLUDING COSTS AND REASONABLE ATTORNEYS FEES) BROUGHT AGAINST INSPECTOR WHICH RELATE TO THIS INSPECTION AGREEMENT, THE INSPECTION OR THE INSPECTION REPORT.
THE INSPECTION AGREEMENT, INSPECTION, AND INSPECTION REPORT SHALL NOT BE USED OR TRANSFERRED TO ANY OTHER PERSON, COMPANY OR ENTITY WITHOUT THE PRIOR WRITTEN CONSENT OF THE CLIENT AND INSPECTOR.
5. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach or 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 and inspection report shall be submitted first to mandatory mediation, then if failure of mediation, to final and binding arbitration under the Rules and Procedures of the American Arbitration Association except that the parties shall select an arbitrator who is familiar with the home inspection industry and has at least five (5) years home inspection experience. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any court of competent jurisdiction. In any mediation, arbitration or legal action in which Inspector is found to be without fault, Client agrees to reimburse Inspector for any and all attorneys’ fee’s fees and costs incurred in defense of the action.
CUSTOMER AGREES AND UNDERSTANDS THAT IF INSPECTOR OR ANY OF ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, OFFICERS, SHAREHOLDERS OR DIRECTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO NEGLIGENCE OF THE FAILURE TO PERFORM OBLIGATIONS IN THIS AGREEMENT, INCLUDING THE IMPROPER OR NEGLIGENT PERFORMANCE OF THE INSPECTION OR THE IMPROPER OR NEGLIGENT REPORTING OF CONDITIONS OF THE SUBJECT PROPERTY, COMPANY’S MAXIMUM LIABILITY SHALL BE LIMITED TO TWICE (2 TIMES) THE FEE PAID TO COMPANY FOR THE INSPECTION, AND THIS LIABILITY SHALL BE EXCLUSIVE. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR DAMAGED PROPERTY, LOSS OF USE OF THE PROPERTY, LOST PROFITS, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES AND ALL FINES AND CHARGES, PUNITIVE DAMAGES AND ATTORNEY’S FEES AND COURT COSTS.
6. Client understands and agrees that any claim arising out of or related to any act or omission of Inspector in connection with the inspection of the subject property, as limited herein, shall be made in writing and reported to Inspector within sixty (60) business days of receipt of the inspection report. Client further agrees to allow Inspector to reinspect the claimed discrepancy. Failure to notify inspector as stated above shall constitute a waiver of any and all claims now and forever Client may have or may have had against Inspector.
7. Client understands and agrees that if they are not present at the time of the inspection and therefore do not sign this Agreement that this Agreement will become a part of the inspection report and acceptance of the inspection report by client shall, and payment therefore, will constitute acceptance of the terms and conditions of this Agreement. Client’s failure to attend inspection further waives all rights to any claims, action, or other remedy against Inspector due to inability to show, explain, and profile subject property to Client to ensure Client’s understanding of all conditions found on the property the day of inspection.
8. Any portion of the Agreement found to be invalid or unenforceable shall be stricken from the Agreement leaving the remaining terms in force between parties.
9. This Agreement, and Inspection Report, represents 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 changes or modification is in writing and signed by all parties involved. This Agreement shall be binding upon and insure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.
COMPANY RELATIONSHIPS/THIRD PARTY PROVIDERS.
Happy Home Inspections, Inc. may have an affiliation with third-party service providers ("TPSP") in order to offer value-added services to its Clients. The company may also arrange for these TPSP to send literature or make post-inspection contact with the Company's Clients.
I HAVE READ AND AGREE TO ALL THE TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS FOUND IN THIS INSPECTION AGREEMENT, INCLUDING THE LIMITATIONS OF LIABILITY, 60 DAY TIME PERIOD TO INITIATE AN ACTION, AND INDEMNIFICATION SET FORTH HEREIN.
I UNDERSTAND THAT I HAVE THE RIGHT TO HAVE AN ATTORNEY OF MY CHOICE REVIEW THIS INSPECTION AGREEMENT BEFORE I SIGN IT. I UNDERSTAND THAT IF I DO NOT AGREE WITH ANY OF THE TERMS, CONDITIONS, LIMITATIONS, EXCLUSIONS OF THE INSPECTION AGREEMENT I DO NOT HAVE TO SIGN IT, RATHER, I MAY NEGOTIATE WITH THE COMPANY OR HIRE ANOTHER COMPANY TO PERFORM THE INSPECTION.
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