Attics and Under Services, Inc.
P.O. Box 922534
Peachtree Corners GA 30010-2534
Agreement
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Please read carefully.
HOME INSPECTION AGREEMENT
A.0 - Inspection Appointment Confirmation: Client and Property Information:
(See “A.0 - Inspection Appointment Confirmation” for details)
B.0 - AGREEMENT Provisions:
THIS AGREEMENT is made and entered into by and between Attics and Under Services, Inc., referred to as “Inspector”*, and the Client identified in "A.0 - Client and Property Information" hereby referred to as “Client”or “the Client” for the inspection of the property, being the residence and the garage or carport identified in A.0.
In consideration of the promise and terms of this Agreement, the parties agree as follows:
1. How and What We Inspect: The Client has requested a limited visual inspection to identify systems and components in need of immediate repair. The Inspector will perform a visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. Written reports shall be available usually not later than 48 hours from the completion of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection. Inspector may revise the report within a reasonable period of time after the report was first provided (usually within 48 hours) or if new information is obtained which was not available at the time of the inspection.
The parties agree that the Georgia Association of Home Inspection (GAHI) “GAHI Standards of Practice” (the “Standards”) shall define the standard of duty/care and the conditions, limitations, and exclusions of the inspection, except as excluded herein, and will include the following systems: roof, structure, electrical, interior plumbing, heating and cooling, exterior siding and trim, doors and windows, fireplaces and chimney exterior, driveways, walkways, and site grading. (Roof covering is first inspected with binoculars, the attic space is inspected, and if merited and it is safe the inspector may get on a roof to further inspect it.) A copy of the GAHI Standards of Practice is included with the report. The evaluation will be based on limited observations that are primarily visual and non-invasive. The inspection and report are not intended to be technically exhaustive. The Client understands that although reference may be made to building codes, the inspection (and the report) is not a code compliance inspection. The inspection is not complete until the written report is provided.
2. Your Presence is Requested: In addition to performing the inspection and preparing the written report an on site review of the property is provided for the Client’s benefit at the time of the inspection. If time allows the Client should attend the entire inspection or at least the final hour so the Inspector can answer Client questions and/or view concerns at the property. (If the Client attends the inspection, the Inspector is not responsible for any property damage, falls, or injury resulting from the Client’s actions.)
3. Fees: The stated fee listed in A.0 includes the Inspections requested above, travel, and a written report. If additional services are requested the itemized fee for each additional service is also listed in A.0. Fees are due at the time of each inspection. If the Client cannot be present, payments must be made prior to sending the report. Any payments not made not made within 30 days of completion of the inspection are subject to a late charge of $50 and a monthly interest rate of 1.5% simple interest on the unpaid balance along with reasonable collection costs.
(Add $175 for Radon Test, $50 to light pilot lights, minimum $135 return inspection fee, etc.)
4. Property Access and Utilities: Unless specifically requested as an action item for the Inspector, the Client (or the Clients Agent) will notify the Seller of when Attics and Under Services, Inc. will be performing an inspection or test and request the Seller to cooperate and allow Inspector access and provide ALL utilities required to perform the inspection and/or test. The Client warrants that all necessary arrangements have been made with the property owner for the Inspector to enter and inspect the property. (Note: It is the Client’s responsibility to co-ordinate with the Seller when utilities are to be energized/available to operate dwelling systems and that all pilot lights are burning. It is in the Client’s BEST INTEREST to confirm that FULL electrical power (not partial temporary power), water, gas, etc. are available in order to achieve the best inspection possible. Water must be turned ON and available inside the dwelling to all plumbing fixtures. Once the Inspector arrives at the property an inspection will be made of existing work and of dwelling systems that are visible and/or can be operated. If the Inspector must return to the property to inspect additional completed work or to inspect systems that could not be operated at the time of the original inspection additional fees for lost opportunity and travel expenses will apply and be due from the Client.) In the event that the Inspector is asked by the Client to assist the Client in turning ON the water, and/or electrical power, or to start up any shut off systems; the Client acknowledges that permission to do so has been obtained from the Seller/Owner and understands that these actions could result in damages to the property. The Client recognizes that the Inspector will use reasonable care and accepted practices in providing such assistance and agrees to hold the Inspector harmless from any liability or costs that result from providing such assistance to the Client. Inspector will not be responsible for any property damages or repair costs to the Seller’s property as a result of providing such assistance to the Client. Considering the above conditions are met by the Client and the Seller; the Inspector shall perform the inspection and/or test as described in item number 1 above and in accordance with the provisions of this Agreement.
5. What We Do Not Inspect: Systems, items, and conditions which are not within the scope of a General Home Inspection include, but are not limited to: EIFS or radon (unless radon is specifically requested by the Client prior to the inspection as additional services), formaldehyde, lead paint, lead in plumbing, asbestos, toxic or flammable materials, mold/mildew, fungi, other environmental hazards; pest infestation; security and fire protection systems; household appliances; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational equipment or facilities such as pools and hot tubs; underground storage tanks, elevators/lifts, automatic gates, energy efficiency measurements; concealed or private septic systems; water wells; heating systems accessories such as thermostatic time clocks/controls; solar heating systems; lawn or fire sprinkler systems; water softener; central vacuum systems, telephone, intercom or cable TV systems; antennae, lightning arrestors, trees or plants; governing codes, ordinances, statutes and covenants, personal property, manufacturers instructions, no search for product recalls. This is not an inspection, certification, or evaluation of geological stability, soil conditions, flood potential determination, proximity to railroad tracks or airplane routes, or verification of boundaries, easements or rights of way. Client understands that these systems, items and conditions are excluded from this inspection. Any general comments about these systems, items and conditions and the Remark section of the written report are informal only and DO NOT represent an inspection. Inspections will not include an appraisal of the property value or a survey. Written reports are not a compliance inspection or certification for past or present governmental codes or regulations of any kind. The verbal walk through/review and the written report shall represent the total report; however, if there is any conflict between the verbal review and the written report, the written report shall have precedence.
6. No Warranty & Limitation of Liability: The Client agrees and understands the Inspector is not any insurer or guarantor against defects in the structure, items, components or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDIDTION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
The Client understands and agrees that the Inspector, its employees and its agents assume no liability or responsibility for the costs of repairing or replacing any unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. Additionally, the Client agrees that if the Inspector or any of its employees or agents are found liable for a any loss or damage resulting from this Agreement or failure to perform any part of the inspection, including but not limited to, breach of contract, fraud, negligence and gross negligence, the liability of the Inspector or any of its employees or agents shall be limited to the sum of the inspection fee paid by the Client to the Inspector. If a repair or replacement is done without giving the Inspector the required 72-hour notice and if the Inspector is not allowed a reasonable time to re-inspect the property, the Inspector will have no liability to the Client. Additionally, if the Client files notice of a claim with the Inspector, and the Client asserts the Inspector is responsible for the defect, the Client shall provide the Inspector with the opportunity to resolve the claim without litigation. Furthermore, any legal action must be brought within (1) year from the date of the inspection and failure to do so is a full and complete waiver of any rights, actions or causes of actions that may have arisen there from. Time is expressly of the essence herein. This time period may be shorter than otherwise provided for by law.
7. Third Parties: The Inspection and report are performed and prepared for the sole and exclusive use and possession of the Client. No other person or entity may rely on the report issued pursuant to this Agreement. The Inspector, its employees and agents accept no responsibility if the report is used by third parties. In the event that any person, not a party to this Agreement, makes any claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this Agreement, The Client agrees to indemnify, defend and hold harmless Inspector from any and all damages, expenses, costs and attorney fees arising from such a claim. Inspector shall not provide a copy of the inspection report to any party without the permission of the Client.
8.0 Additional Provisions:
8.1 If Client is married, Client represents that this obligation is a family obligation incurred in the interest of the family, and if only one spouse signs the Agreement then this signature obligates and represents both spouses. Client understands and agrees that if they are not present at the time of the inspection and have not signed this Agreement that this Agreement will be deemed signed as if signed by the Client and made a part of the Inspection Report. Acceptance/use of the Inspection
Report by the Client, the Client’s Agent, and/or the Client’s payment for the inspection services therefore constitutes a valid acceptance of the terms and conditions of this Agreement as if signed by the Client.
8.2 The inspection will not be an in depth inspection for insects, termites, wood destroying organisms or other pests which could have rendered hidden damage to the dwelling. An in depth termite inspection should be performed by a licensed qualified pest control professional for the benefit of the Home buyer. However, when possible, if signs of active or previous termite damage is discovered/sighted during the inspection, it will be reported as being present. Then the Home buyer should secure the services of a qualified professional to confirm the presence of any active pests and the extent of any previous damage.
8.3 This General Home Inspection will not be an in depth inspection for toxic mold, lead paint, or for materials that contain asbestos -- since no samples or tests will be included to confirm these types of contamination may exist. However, when possible, if potential signs of these contaminates are discovered/sighted during the inspection, they will be reported as being present. Then the Home buyer should secure the services of a qualified professional to confirm the presence and the extent of any such contaminates.
9. Agreement: This Agreement and the GAHI Standards of Practice referenced herein represent the entire agreement between the parties and there are no other agreements either written or oral between them. This Agreement shall be amended only by written agreement signed by both parties. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia. Any dispute arising from this Agreement, the inspection or the report, must first be submitted to mediation. If the dispute is not fully resolved through the mediation process, Client agrees that any lawsuit filed must be filed in Gwinnett County Georgia. Client also understands and agrees that if a judgment/resolution is determined the loser bears all costs of legal fees. If any portion of this Agreement is judged to be invalid or unenforceable by any court then the remaining terms and conditions shall remain in effect and binding between the parties
Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged:
Unless otherwise advised, the Client agrees and instructs the Inspector to release the report to the Client's REALTOR.
Attics and Under Services, Inc.
P. O. Box 922534
Peachtree Corners, GA 30010-2533
Charles R. Thompson
Phone: 678-296-3260 E-mail: cpthompson@juno.com
* As used in this Agreement, the term "Inspector" means any person, except an employee of a county, municipality, or political subdivision while engaged in the performance of the duties of his or her employment, who, for consideration, inspects and reports on the condition of any home or single-family dwelling or the grounds, roof, exterior surface, garage or carport, structure, attic, basement or crawl space, electrical system, heating system, air-conditioning system, plumbing, on- site sewerage disposal, pool or hot tub, fireplace, kitchen, appliances, or any combination thereof, as defined by the Georgia Association of Home Inspectors, "GAHI Standards of Practice", for a prospective purchaser or seller - Client
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