Premier Inspection Services
PO Box 162
Dufur Oregon 97021
Inspection Agreement
[PRINT FRIENDLY VERSION]
Please read carefully.
WHAT YOUR INSPECTION INCLUDES & DOES NOT INCLUDE
THIS IS A BINDING CONTRACT. We will make a limited visual inspection of the prominently visible and accessible areas of the property. The Inspection Report is a reasonable effort to assess DURABILITY and SERVICEABILITY of the property in its present state, and our analysis is limited to our written Report. This is not an environmental inspection. We do not inspect for molds, fungi, pollen or any other environmental substances. The Report does not evaluate “desirability” of a property. You should have already determined that this property is desirable using your own set of criteria.
MOISTURE EQUALS MOLD – Moisture may be found in the structure during our visual inspection. If moisture is found, then it is scientifically known that moisture and mold are inter-related. We do not claim to have the background, education, or experience necessary to formulate an opinion as to the existence or non-existence of mold. If moisture is listed in any portion of the report, then we want our clients to understand that mold may also be present and that they should meet with the experts of their choice who have the background, education, and experience to help them.
THE INSPECTOR WILL ATTEMPT TO BE FAIR BY POINTING OUT BOTH THE STRONG AND WEAK POINTS OF THE PROPERTY. Home ownership brings with it the certainty that failures and repairs will occur. Your Home Inspection will not be able to predict all such occurrences, but a 2 or 3-hour investigation by our professional inspector, and the resulting Report, should provide you with a useful tool.
Our inspections are not intended as a service call. Operable conditions of mechanical, electrical, plumbing devices or other items are only surmised from the visible evidence. No maintenance services, removal of cowlings, or destructive discovery can or will be performed. Should we locate an item that is not serviceable, or creates doubt for out inspector, then we will suggest that a licensed trades person be contacted to investigate further or make repairs.
This inspection is not conducted to detect every minor problem or condition that may exist in the building. Cosmetic deficiencies are to be considered obvious. It is understood that if such a listing is desired, this service is beyond the parameters of our regular Home Inspection and an additional fee will be assessed.
You are encouraged to be on the site at the time of the Inspection, or arrive near the completion of our Inspector’s evaluation, so that he/she can review the Report with you in person. If you are unable to attend, we will be happy to try and answer your questions by phone. Should an additional visit to the property be required, it will be billed at our hourly rate.
The inspection will be performed in accordance with the Standards of Practice of the State of Oregon. A copy of the Standards of Practice is available upon request.
For equipment components not operated refer to the Standards of Practice.
RISK OF BUYERS & SELLERS
Buyers are always at risk. OUR VISUAL INSPECTION MAY ILLUMINATE SOME AREAS OF RISK, BUT CANNOT ELIMINATE IT. OUR INSPECTOR IS LIMITED TO THE EXISTING CLUES AND SYMPTOMS ON THE DAY OF OUR INSPECTION, AND WE CANNOT BE LIABLE FOR NON-VISIBLE, OBSCURE, OR CONCEALED FAULTS. Claims for concealed conditions, whether intentional or unintentional, must be made against the seller of the property.
The most conscientious visual inspection is not capable of determining all the conditions that actually exist within a house. The inspector is not allowed to move furniture ect., to obtain access to systems or components. Even with our thorough effort, these are some examples of the types of things our Inspection cannot determine:
1. Improperly made wiring connections. Random outlets or switches that do not function.
2. Cracks in fireplaces, chimneys or liners.
3. A drafty or hard to heat home.
4. Roof, wall, or basement leaks that only occur under unusual conditions.
5. The inner workings of mechanical items.
6. Underground pipes, drains, or foundations.
Hazardous materials are beyond the scope of this inspection report.
CODE COMPLIANCE
Our inspection is one of “serviceability”, NOT Code Compliance. By necessity, our Inspection deals with existing structures, which may have older types of wiring, plumbing, heating, ect. As an illustration, most local Codes require ground fault interrupter circuits, insulation in the exterior walls, anchor bolts, and dozens of other items, which have not always been included in the building codes. These installations can be “serviceable”, even though they do not meet current codes, (or may not even be desirable for current life styles.) We assume that the “then current” codes were complied with at the time of construction.
The desirability of owning older home designs is a matter of taste and is the decision of the buyer. THE CONTENT OF OUR REPORT EXPLITY EXCLUDES COMMENTING ON “DESIRABILITY”.
WARRANTIES AND INSURANCE
The inspection and Report is not intended to be construed as a guarantee or warranty, expressed or implied, including any implied warranty of merchant ability or fitness for use regarding the conditions of the property, items and systems inspected, and it should not be relied upon as such. (Home Warranty Insurance Plans, which may insure appliances in the home, are available at the Buyer’s option from other companies.)
YOU SHOULD NOTE
The conditions stated in our Report are NOT repair requirements, or even suggestions. Some items on the Report are, by definition, subjective and the “opinion only” of the Inspector stating the relative conditions encountered. Our intention is to provide an unbiased analysis. Our Inspector is not allowed to make repair suggestions or report on the quality of materials. Decisions regarding maintenance or repairs are left to you and your trade’s person.
In addition, Our Inspector is not allowed to answer the question: “Would you buy this house if you were me?” Our purpose is to create a Report that can help you in your decision, but you should not base the decision to by solely on our Report. Your decision to purchase this home includes responsibility for the future maintenance for the grounds, structure, and mechanical/electrical/plumbing systems. Unfortunately, some homebuyer’s later wish that they had not bought their home. Because you are a thoughtful consumer, we do not expect that situation to develop. But in the unlikely event it should, your signature below waives the claim: “But for your inspection, I would not have bought this home…” and other similar claims.
Time is of the essence to this contract. Paragraph titles and headings are not to be considered part of the contract.
ARBITRATION
If you feel the Inspection was negligent in some respect, you are personally expected to immediately communicate this IN WRITING to our address above. Communication must be from the original party originally contracting with us for our service. If you call in contractors, you can expect subjective and biased opinions from their sales people. But we will respond to any legitimate complaint. We believe that the difference between a good company and a bad company is how they handle their mistakes, and we intend to be a good company.
Any dispute, controversy, interpretation 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 thereunder shall be final and binding and judgment on the Award may be entered in any Court of competent jurisdiction. This agreement shall not, however, preclude seeking or obtaining a provisional remedy in aid of arbitration, including but not limited to injunction relief. The accepted standard against which the inspection will be judged will be the “Standards of Practice” as published by the State of Oregon.
Property or equipment in dispute must be made accessible for re-inspection and arbitration. All inspections will be judged against the performance of a reasonable fair and diligent inspection and not against results or occurrences. This written report supersedes any oral representation. No Consideration will be given to those who fail to perform a complete pre-closing walk-through inspection. In any case, no remuneration will exceed the price of the initial inspection fee. Disputes settled through arbitration or litigation without favor to the client will mandate payment of fees at the hourly rate of time invested by our staff.
SUBSTITUTE DISCLOSURE
The inspection performed by this inspector is supplemental to any real estate transfer or Seller’s Disclosure Statement and shall not be used as a substitute for such Disclosure Statements.
NOTE: The inspection Fee is for the service performed on the property. Re-inspections, research, or expanded reports, including disputed issues requiring investment of time by our staff, will be payable at the rate of $75.00 per hour.
NOTE: This Company assumes no liability and shall not be liable for mistakes, errors or omission in judgment of its employees or principals beyond the cost of the Report. This limitation of liability shall include and apply to all consequential damages, bodily injury, and property damage of any nature.
All full Home Inspections include a Pest and Dry Rot Inspection under the following contract.
IMPORTANT NOTICE
THIS IS A BINDING CONTRACT. We will make a limited visual inspection of the prominently visible and accessible areas of the structure for wood destroying organisms including termites, powder post beetles, carpenter ants and wood decay fungi (rot). This inspection is limited to wood destroying organisms only and does not include molds, fungi or other environmental issues that may be harmful to your health. This inspection is non-invasive. We do not remove fascia, cowlings or move furniture or household items to perform our inspection. This inspection does not include decks or non-structural damage caused by water to composite siding. THEREFORE, WE CANNOT AND DO NOT IN ANY WAY REPRESENT OR GUARANTEE THE PREMISES TO BE FREE FROM TERMITES OR OTHER WOOD DESTROYING ORGANISMS OR THEIR DAMAGE, NOR DO WE REPRESENT OR GUARANTEE THAT THE TOTAL DAMAGE OR INFESTATION IS LIMITED TO THAT DISCLOSED IN THIS REPORT.
We do crawl the under floor crawl space, check all interior accessible plumbing for leaks and generally look at the inside and outside of the house and attached garage for structural pests and dry rot, but do not inspect the attic or detached building unless specifically stated in this report. Wood decks are also not included in this report.
A large percentage of structures are subject to minor rot conditions. While such conditions are technically fungi infestations, they may not substantially affect the quality, structural soundness or anticipated life of the structure. Such conditions are spot areas on doors, window casings, porch steps, railings and portions of wood decks and common weathering of siding, decks and non-supporting wooden members and shall not be reported on the inspection reports except at the discretion of the inspection firm for the purposes of clarification only.
You are encouraged to be on the site at the time of the Inspection, or arrive near the completion of our Inspector's evaluation, so that he/she can review the Report with you in person. If you are unable to attend, we will be happy to try and answer your questions by phone. Should an additional visit to the property be required, it will be billed at our hourly rate.
RISK OF BUYERS & SELLERS
Buyers are always at risk. OUR VISUAL INSPECTION MAY ILLUMINATE SOME AREAS OF RISK, BUT CANNOT ELIMINATE IT. OUR INSPECTOR IS LIMITED TO THE EXISTING CLUES AND SYMPTOMS ON THE DAY OF OUR INSPECTION, AND WE CANNOT BE LIABLE FOR NON-VISIBLE, OBSCURE, OR CONCEALED FAULTS. Claims for concealed conditions, whether intentional or unintentional, must be made against the seller of the property.
The most conscientious visual inspection is not capable of determining all conditions that actually exist within a house. Even with our thorough effort, these are some examples of the types of things our Inspection cannot determine:
1. Leaks that only occur under unusual conditions.
2. Underground pipes or drains.
3. Inner wall conditions.
4. Areas inaccessible for inspection.
This is not a code compliance inspection nor is it an environmental hazards inspection. Time is of the essence to this agreement. Paragraph titles and headings are not to be considered part of the agreement.
WARRANTIES AND INSURANCE
The Inspection and Report are not intended to be construed as a guarantee or warranty, expressed or implied, including any implied warranty of merchant ability or fitness for use regarding the conditions of the property or items inspected, and it should not be relied upon as such.
In the event that we report no visible evidence of termites, carpenter ants, or other wood destroying organisms in any portion of the structure inspected, we do not assume any responsibility for a termite, carpenter ant or other wood destroying organism condition that may exist or may be starting and was not visible or found by our inspector at the time of the inspection. This disclaimer is necessary due to the fact that the inspection has been made only on a visual basis of
accessible areas of the building and the possibility of infestation or damage exists in areas that are inaccessible for inspection or were not included in the inspection. Due to the insidious habits of all wood destroying organisms, this possible infestation or damage could spread or become visible at any time subsequent to this inspection.
ARBITRATION
In the event of any dispute, you are personally expected to immediately communicate IN WRITING to our address above. Communication must be from the party originally contracting with us for our service. We will respond to any legitimate complaint. We believe that the difference between a good company and a bad company is how they handle their mistakes, and we intend to be a good company.
Any dispute, controversy, interpretation 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 thereunder shall be final and binding and judgment on the Award may be entered in any Court of competent jurisdiction. This agreement shall not, however, preclude seeking or obtaining a provisional remedy in aid of arbitration, including but not limited to injunction relief. The accepted standard against which the inspection will be judged will be the Industry Standards as adopted by the American Institute of InspectorsÔ.
Property in dispute must be made accessible for re-inspection and arbitration. All inspections will be judged against the performance of a reasonably fair and diligent inspection and not against results or occurrences. This written report supersedes any oral representation. No consideration will be given to those who fail to perform a complete pre-closing walk-through inspection. In any case, no remuneration will exceed the price of the initial inspection. Disputes settled through arbitration or litigation without favor to the client will mandate payment of fees at the hourly rate of time invested by our staff.
SUBSTITUTE DISCLOSURE
The inspection performed by this inspector is supplemental to any real estate transfer or Seller’s Disclosure Statement and shall not be used as a substitute for such Disclosure Statements.
NOTE: The Inspection Fee is for the service performed on the property. Re-inspections, research, or expanded reports, (including
disputed issues requiring investment of time by our staff), will be payable at the rate of $ 75.00 per hour.
NOTE: This Company assumes no liability and shall not be liable for mistakes, errors or omission in judgment of its employees or principals beyond the cost of the Report. This limitation of liability shall include and apply to all consequential damages, bodily injury, and property damage of any nature.
PERMISSION IS GRANTED TO PERFORM AN INSPECTION PER THE ABOVE CONTRACT.
CAUTION: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ IT.
PERMISSION IS GRANTED TO PERFORM AN INSPECTION PER THE ABOVE CONTRACT.
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