First Call Inspections
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Martinez California 94553
Inspection Agreement
[PRINT FRIENDLY VERSION]
Please read carefully.
With your authorization, First Call Inspections will complete a property inspection conducted in accordance with the standards of practice of iNACHI, the InterNational Association of Certified Home Inspectors, a copy of which is available upon request and can be read and downloaded from the Internet at www.nachi.org.
The inspection is visual only and that of a generalist, and has clearly defined limitations. It is performed on-site within a few hours, and does not include any warranty or guaranty. By contrast, specialist inspections take considerably longer, typically include the use of specialized instruments, could involve sampling or destructive testing, and commonly include some form of guaranty. Specialized inspections are essential to evaluate soil conditions, determine structural movement, establish the quality of air and water, or reveal the presence of harmful environmental contaminants such as radon, methane, asbestos, lead, formaldehyde, electro-magnetic radiation, molds and fungi, and other wood-destroying organisms, all of which are beyond the scope of a generalist inspection. Therefore, please be aware of the limitations of a generalist inspection: It is not a termite inspection, which is often mandated as a condition of sale and performed by state-licensed specialists. Also, it is not a code-compliance inspection and does not include any research, such as that necessary to establish boundaries, easements, or the issuance of permits, and it should not be used as a substitute for the Transfer Disclosure Statement, which the sellers are required to provide by civil code.
Similarly, and in accordance with the interNational Association of Certified Home Inspectors standards, First Call Inspections does not evaluate or endorse any components that are not visually accessible. These include, significant portions of most chimney flues, the interior of furnace heat exchangers, air-conditioning coils, subterranean or concealed ducts, pipes, conduits, and those within walls, floors, or ceilings, the slab beneath carpets, the waterproof membrane beneath roofs, balconies, or shower pans, and any component concealed by furnishings. Also, First Call Inspections does not evaluate or endorse the following specific components: CO2 or smoke detectors, computerized systems, radio or remotely controlled components, central vacuum systems, alarm, telephone, cable, or intercom systems, private sewage systems, private water supply systems, water softeners, water circulating devices, water filtration or purification devices, automatic sprinklers, the hermetic seal of dual-glazed windows or skylights, solar systems, fire-sprinkler systems, shut-off valves that are not in daily use, elevators, dumb-waiters, funiculars or similar mechanical means of transport, saunas, steam showers, humidifiers, electronic air cleaners, in-line duct-motors or dampers, washers and dryers, their valves and drain pipes, condensate pumps, thermostats, timers, clocks, rotisseries, refrigerators, portable or free-standing appliances, retaining walls, landscaping or landscape items, including decorative and low-voltage lighting, portable spas, spas or pools, fountains and ponds, barbecues, fire-pits, pool-sweep assemblies, in-line chlorinators, or similar devices dispensing bromine or ozone, and the coatings on pools, spas, countertops, fixtures, appliances, decks and walkways. In addition, First Call Inspections does not tacitly endorse or guarantee the integrity of any structure or component that was built or installed without permit, and which could include latent defects, or any item that may have been subject to a manufacturer's recall.
What First Call Inspections provides is a very conscientious but essentially visual inspection and evaluation, recommendations for appropriate specialist service, and any consultation that may be necessary. In return, and in consideration of the fee, you are agreeing with your signature to abide by the terms and conditions of this agreement, including the following clauses that you are required to read.
I agree and understand that I have requested First Call Inspections to perform a "generalist" inspection, in lieu of a "specialist" inspection that would cost more and require the services of licensed specialists.
I agree and understand that I should read the entire inspection report, and carefully consider to follow every recommendation for service or further evaluation by a specialist.
I agree and understand that if a specific component or condition is recommended by First Call Inspections for further evaluation and/or service and that such service is not undertaken and documented that First Call Inspections shall be held harmless for any subsequently alleged defects or deficiencies regarding that specific component or condition.
I agree and understand that whereas First Call Inspections may report on suspicious stains or moisture damage, they are not environmental hygienists and are not licensed or authorized to identify mold or fungi.
I understand that if a residence or other improvement has been built or renovated on the property during the approximate time frame of 2004 to present, the Buyer is hereby notified that such property may contain defective drywall primarily manufactured in China. The presence of this Chinese or defective drywall seems to coincide with and may cause corrosion and damage to structural and other systems in such a property or improvement and corrode and destroy system components. The damage has been extensive enough to often require them to be replaced at substantial expense. Further, this Chinese or defective drywall apparently often emits a strong sulfur-like odor or fume which may cause the residents of the home to experience health problems. The possible presence of this odor and/or the aforementioned damages may indicate the presence of Chinese or defective drywall, and the homeowner should investigate. The only known way to eliminate the fumes and the health problems and to stop the damage to the above-mentioned structural systems and system components is to remove and replace all of the defective drywall in the residence, which can be very costly. Finally, the presence of Chinese or defective drywall, the fumes, and the damaged systems, if not remedied, can impact the value or saleability of the property. First Call Inspections does NOT test for these drywall issues, and disclaims any evaluation of them.
I agree and understand that First Call Inspections shall be held harmless for any defects or deficiencies that are alleged to exist beyond a period of 90 days following the date of the inspection report. This time period may be shorter than provided by law.
I agree and understand the following COMPLAINT NOTICE: CLIENT agrees to provide FIRST CALL INSPECTIONS with prompt written notice of any complaint concerning FIRST CALL INSPECTIONS inspection services or inspection report and to provide FIRST CALL INSPECTIONS with a reasonable opportunity to investigate the claim and attempt to resolve the concern. If CLIENT or hired service alters or repairs any item of concern without providing written notice to FIRST CALL INSPECTIONS and/or a reasonable opportunity to investigate the claim, CLIENT waives any and all claims against FIRST CALL INSPECTIONS relative to the item of concern.
I agree and understand that I will attempt to resolve any dispute informally. Should such an attempt fail, I agree to submit the dispute to binding arbitration under the rules and procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc., and that the decision of the appointed arbitrator shall be honored and binding on all parties and be entered in any Court of competent jurisdiction. Client agrees that liability of First Call Inspections shall be limited to the lesser of the cost to repair (adjusted for the remaining life of the problem item), or the amount of the inspection fee paid by Client plus $100.00.
I agree and understand that if any portion of this contract is judged to be invalid or unenforceable by any court or arbitrator that the remaining terms and conditions shall remain in effect and be binding on all parties.
I authorize First Call Inspections to provide either a copy, or online access to this report to interested parties unless informed in writing not to provide this service.
Your inspection report is not a guarantee that things won’t break down or otherwise become problematic during escrow or any time after the inspection took place. In fact, your inspection report IS NOT insurance of any kind whatsoever because First Call Inspections is not licensed in the State of California as an insurance provider. Only an insurance company licensed under the laws of the State of California can provide you with insurance.
Your report is simply a documentation of the conditions of the property AT THE TIME OF THE INSPECTION. It is a snapshot in time, and any implication that the report is or might be insurance on your property and its systems and components is expressly denied by First Call Inspections.
Therefore, First Call Inspections shall not pay for repairs or replacement of items or components because the failed or are failing or are causing any problems after the agreed to, and contracted inspection.
Furthermore, I understand that these findings are a "snap-shot in time" of the conditions of this property and as such I understand that just as no two home inspectors and no two reporting systems are alike, no two-inspection reports, even if performed on the same property at the same time, are alike. Client understands that said inspection represents a moment in time and therefore any comments, reported conditions or observed defects are applicable only for the moment that the inspector is actually observing a particular component or system and may or may not exist after the inspector leaves the immediate area of the system or component inspected.
First Call Inspections cannot control the interpretation and use of its reports by third parties and shall not assume any legal responsibility or liability for third party interpretations of any part of this report beyond the date of the inspection. Since real estate conditions change on a daily basis in response to occupants’ use, deferred upkeep, and environmental conditions, third parties may read this report but shall not rely upon its contents for any purpose.
Future buyers who enter into a purchase contract for this property should call First Call Inspections for a personal on-site review and update of the conditions described in this report. A discounted fee for the update is available as long as the update request is scheduled for a date within 60 days of the date of this report. Failure to comply with this request shall relieve and hold harmless individually, jointly, and/or otherwise, First Call Home Inspections, its directors, officers, employees, and agents, and their successors and assigns, of any responsibility or liability, moral or legal, to the eventual buyers in contract for any property condition, any lack of understanding, and/or any possible misinterpretation of disclosed conditions contained within this report.
FOR CONDOMINIUMS, TOWNHOUSES, AND SUBDIVISIONS WITH COMMON AREAS ONLY:
Typically, ownership of a condominium means the ‘owner’ has a fee simple title to the air space contained within the walls, floors, and ceilings of the ‘owner’s’ unit, and an undivided share in all of the "common areas" of the condominium project in which the unit is located. Common areas typically include the building exteriors, the roof, foundation, the land on which the development is established, parking areas, landscape and any recreational facilities or additional site features the development may have. Common elements are typically maintained by and insured by the Homeowners Association or property management group affiliated with the development. While common elements may have been inspected in the course of completing this home inspection, items noted that are of concern to the client should be brought to the attention of the Homeowners Association and/or property management group, and are typically not within the direct control or responsibility of the individual unit owner.
Common areas (e.g., walls, foundation, roof, etc.), shared by more than one unit, common mechanical systems (e.g., garage, water heater, laundry, etc.) used by more than one unit, and areas typically under the jurisdiction of the homeowner’s association (e.g., exterior grounds, exterior structure, and exterior systems) will not be inspected.
Common components and common areas: First Call Inspections does not test, analyze, inspect, or offer an opinion on the condition or function of areas or structural components common to more than one unit, systems serving more than one unit, or areas which typically are under the jurisdiction of a homeowners’ association, including, but not limited to, structure exterior (including decks, balconies, porches, patios, and parking structures), roof, chimney foundation, fences, and utility service entries.
Some areas or systems may or may not be under the jurisdiction of the association (garage, water heater, laundry, etc.). Homeowners’ associations sometimes have qualified personnel who can assist you, the client with many areas of concern, sometimes at little or no cost. Recommend always consulting with homeowners’ association prior to commencing any work whatsoever.
BEFORE CLOSE OF ESCROW, WE RECOMMEND: (1) Walking property to determine if homeowners’ association is maintaining structures and property in a condition satisfactory to you, the client; (2) Having qualified homeowners’ association personnel inspect all common area structural systems and mechanical components servicing this condominium, particularly, but not limited to, foundation, structure exterior, roof, and chimney; (3) Acquiring homeowners’ association public records, minutes, bylaws, budget, etc., to help determine any consistent problems with common area grounds or components; (4) Checking with homeowners’ association concerning you, the client’s responsibility and any non-recurring fees, dues, or assessments which might be forthcoming.
AUTHORIZATION
I have read and understood this contract and agree to all of the terms and conditions therein, and authorize First Call Inspections to complete a generalist inspection of the property as described and defined in the standards of practice of the Inter-National Association of Certified Home Inspectors (iNACHI) which can be viewed online at: www.nachi.org, or contact First Call Inspections for a copy to be made available to you.
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