A-1 Inspections, LLC
18500 EL GRECO DR.
EDMOND OK 73012
Agreement
[PRINT FRIENDLY VERSION]
Please read carefully.
The Inspector agrees to
conduct an inspection for the purpose of informing the client of major
deficiencies in the condition of the subject property. THE WRITTEN REPORT IS
THE PROPERTY OF THE INSPECTOR AND THE CLIENT AND SHALL NOT BE USED BY OR
TRANSFERRED TO ANY OTHER PERSON OR COMPANY WITHOUT BOTH THE INSPECTOR’S AND THE
CLIENTS WRITTEN CONSENT.
This Home Inspection Agreement (the
“Agreement”) is made by and between A-1 Inspections, LLC (the “Inspector”) and
the person(s) paying for the inspection (the “Client”). For good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Inspector and
the Client agree as follows:
1).
The "Inspection Fee" (the sum quoted/listed on invoice page or
posted online) is to be paid by the Client to the Inspector on or before the
date of the inspection (or at time of closing if arranged), the Inspector will
(a) perform a limited, non-invasive, visual inspection of
the readily accessible physical real property and improvements to such
real property located at property listed on the invoice page (the
“Property”). The inspection includes
structural, lot drainage, roof, electrical, plumbing, heating and air
conditioning, and such other areas of concern as are specified in writing
herein, as such systems and components exist at the time of the Inspection, to
determine if performance is as intended (the “Inspection”) and (b) prepare a
report setting forth the Inspector’s findings (the “Report”). The Client may, prior to the Inspection,
request the Inspector to exclude certain systems and components from the
Inspection. Such request must be made in
writing. The Report is only
supplementary to any required seller’s disclosure.
2). Unless otherwise noted in this Agreement or
not possible, the Inspector will perform the Inspection and prepare the Report
in accordance with (a) the current
standards of practice set forth in the rules promulgated by the Oklahoma
Construction Industries Board (the “OK SOP”).
These rules, including the OK SOP, are set forth in OAC 158:70 and (b)
the current standards of practice of the International Association of Certified
Home Inspectors (the “InterNACHI SOP”).
The Client understands that the OK SOP and the InterNACHI SOP contain
certain limitations, exceptions, and exclusions. In the event of a conflict, the OK SOP will
govern. Copies of the OK SOP and the
InterNACHI SOP are available online (posted at www.cib.ok.gov
and www.nachi.org/sop).
3).
The Inspection is not technically exhaustive. The Inspector makes no warranties or
guarantees express or implied, including any implied warranties of fitness or
merchantability, as part of the Inspection or the Report including, without
limitation, that all defects have been found or that the Inspector will pay for
the repair of undisclosed defects; that any of the items inspected are designed
or constructed in a good and workmanlike manner; or that any of the items will
continue to perform in the future as they are performing at the time of the
inspection. The Inspector shall not be
liable to the Client for any special, incidental, or consequential damages.
4) Any matter concerning the
interpretation of this Agreement, of the Inspection Report, or any claim based
upon either of them shall be subject to mediation between the parties or
failing such mediation shall be resolved by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association, except for the rules pertaining to the arbitrator selection. The
three (3) arbitrators should have knowledge of the home inspection industry and
one arbitrator must be a Home Inspector with at least five (5) years of Home
Inspection experience.
5) The inspection service is
conducted at the property. The physical on-site inspection of the property is a
very valuable time of exchange of information between the Inspector and the
Client. Any particular concern of the Client must be brought to the attention
of the Inspector before the inspection begins. The written report will not
substitute for Client's personal presence during the inspection. It is
virtually impossible to fully profile any building with any reporting system.
Unless Client attends and participates in the inspection process itself, the
Client will have no chance of gaining all of the information that is offered.
6) Severability. The Client and the Inspector agree that
should a court of competent Jurisdiction determine that any portion of this
agreement is unenforceable, the remaining provisions and portions of this
agreement shall remain in full force and effect.
7) Waiver of Statute of
Limitations. The Client must commence any action for damages arising out of
or related to this Agreement or the Inspection Report within one year of
delivery of the Home Inspection Report to the client or the named
representative.
8) Review of Agreement; No
Rule of Construction. Client acknowledges that they and/or their attorney have
had ample time and opportunity to review this agreement prior to signing. The parties acknowledge that each of them has
had ample opportunity for their own counsel to participate in negotiating and
drafting this Agreement. Therefore, no rule of construction shall apply to this
Agreement that construes ambiguous or unclear language in favor of or against
any party.
9) Attorneys Fees: If
the client makes a claim against the inspector for any alleged error, omission
or other act arising out of this work and fails to prove such claim, Client
will pay all attorneys fees, arbitrators’ fees, legal expenses and costs
incurred by inspector in defense of the claim.
10). The inspector makes his best effort to
provide a thorough inspection. However,
for Client’s protection, the Inspector recommends the following:
a). If a home is 10+ years old we recommend that the HVAC system including
plenum & duct work be fully evaluated by a HVAC contractor.
b). If a home is 20+ years old we recommend that the plumbing system be fully
evaluated by a plumber.
c).
If a home is 30+ years old we recommend that the electrical system be fully
evaluated by an electrician.
11). Notice and
Waiver. Any claim arising out of or
related to any act or omission of the Inspector in connection with the
Inspection shall be made in writing and reported to the Inspector within
fourteen (14) days of discovery. The
Inspector shall have fourteen (14) days to re-inspect the issue giving rise to
the claim. The Inspector must be allowed
access to the Property to evaluate the issue before any corrective action is
taken by the Client. After notifying the Inspector in writing within the time
period set forth above, the Client may also contact a qualified specialist to
make further inspections or evaluations of the issue giving rise to the claim;
provided, however, the Client agrees that any repairs or corrective action
taken without consultation with the Inspector shall constitute a waiver of such
claim and shall relieve the Inspector of any and all liability.
12).
Limitation of Liability. The Client
agrees that total liability of the Inspector for any and all damages whatsoever
arising out of or in any way related to this Agreement shall not exceed the
Inspection Fee paid to the Inspector hereunder.
13). Binding on Others Clause: This Agreement
shall be binding upon and inure to the benefit of the parties hereto and their
respective spouses, heirs and successors.
14). Non-Waiver.
The failure by one party to require performance of any provision
shall not affect that party’s right to require performance at any time
thereafter, nor shall a waiver of any breach or default of this Agreement
constitute a waiver of any subsequent breach or default or a waiver of the
provision itself.
15). Integration.
This
Agreement constitutes the entire agreement of the parties with respect
to the subject matter thereof and supersedes all prior negotiations, agreements
and understandings with respect thereto.
This Agreement may only be amended by a written document duly executed
by all parties and shall be construed and enforced in accordance with the laws
of the State of Oklahoma.
We reserve
the right to add information to this report for 72 hours.
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