Hewatt Home Inspections
2909 N. Sharon Church Rd.
Loganville Georgia 30052
Agreement [PRINT FRIENDLY VERSION]
Please read carefully.
Hewatt Home Inspections Inc.
Hewatt Home Inspections
Inc.
Pre-Inspection
Agreement
1. INSPECTOR agrees to perform a visual inspection of the
home/building and to provide the CLIENT with a written inspection report
identifying the defects that the INSPECTOR both observed and deemed material.
The INSPECTOR may offer comments as a courtesy, but these comments will not
comprise the bargained-for report. The report is only supplementary to the
seller's disclosure.
2. Unless otherwise inconsistent with this Agreement or not
possible, the INSPECTOR agrees to perform the inspection in accordance to the
current Standards of Practice of the Georgia Association of Home Inspectors
posted at http://www.GAHI.com. The CLIENT
understands that these standards contain certain limitations, exceptions, and
exclusions.
3. The inspection and report are performed and prepared for the
use of the CLIENT, who gives the INSPECTOR permission to discuss observations
with real estate agents, owners, repair persons, and other interested parties.
INSPECTOR shall be the sole owner of the report and all rights to it. The INSPECTOR
accepts no responsibility for use or misinterpretation by third parties. The
INSPECTOR`S inspection of the property and the accompanying report are in no
way intended to be a guarantee or warranty, express or implied, regarding the
future use, operability, habitability or suitability of the home/building or
its components. Any and all warranties, express or implied, including
warranties of merchantability and fitness for a particular purpose, are
expressly excluded by this Agreement.
4. The INSPECTOR assumes no liability for the cost of repair or replacement
of unreported defects or deficiencies either current or arising in the future. The
CLIENT acknowledges that the liability of the INSPECTOR, agents, employees, for
claims or damages, costs of defense or suit, attorney`s fees and expenses and
payments arising out of or related to the INSPECTOR`S negligence or breach of
any obligation under this Agreement, including errors and omissions in the
inspection or the report, shall be limited to liquidated damages in an amount
equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. The
CLIENT waives any claim for consequential, exemplary, special or incidental
damages or for the loss of the use of the home/building even if the CLIENT has
been advised of the possibility of such damages. The parties acknowledge that
the liquidated damages are not intended as a penalty but are intended (i) to
reflect the fact that actual damages may be difficult and impractical to
ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to
enable the INSPECTOR to perform the inspection at the stated fee.
5. The INSPECTOR does not perform engineering, architectural,
plumbing, electrical or any other job function requiring an occupational
license in the jurisdiction where the inspection is taking place.
6. It is common to have areas that no longer comply with current building
code. Although references may be made to building codes and standards, the
inspector is ONLY required to enumerate building codes for new construction
inspections.
7. EXCLUSIONS AND LIMITATIONS: The inspection is limited to
visual observation of apparent conditions existing at the time of the
inspection and is not technically exhaustive. The inspection does not include
areas which are inaccessible including but not limited to: behind walls, wall
hangings and pictures; behind and under furniture and equipment; under rugs;
below soil level; and areas where debris or personal items obstruct access or
visibility of any system or component; or evaluation of special equipment or
accessories that are not listed as components to be inspected in the Standards
of Practice of the Georgia Association Of Home Inspectors. The
inspector will not operate any system or component that is shut down or
otherwise inoperable, or one that does not respond to normal operating
controls. The inspector will not operate any heating or cooling systems when
weather conditions or other circumstances may cause equipment damage.
8. The following items are not a part of the inspection, including but not
limited to: Pools, spas, hot tubs or equipment related to them; elevators;
washers and dryers; water filtration units; security alarms; intercoms; service
or equipment related to phone, cable or satellites; window treatments; oven
clocks, timers or self-cleaning functions; central vacuum systems; solar
systems; synthetic stucco; septic fields, septic systems, well systems,
underground or concealed systems; detached buildings; or heat exchangers.
9. The inspection does not address and is not intended to address: the possible presence of any danger from any potentially harmful substance and
environmental hazards, including but not limited to: Radon gas, lead based
paint, asbestos, urea formaldehyde (UFFI), toxic or chemical analysis,
carcinogens, mold, fungi, airborne hazards, bio-aerosols, soil or geological
conditions, polluted water, noise, or underground oil tanks.
10. In the event of a claim against the INSPECTOR, the CLIENT agrees to supply
INSPECTOR with the following: (1) Written notification of adverse conditions
within 14 days of discovery, and (2) Access to the premises. Failure to comply
with the above conditions will release INSPECTOR and its agents from any and
all obligations or liability of any kind.
11. The parties agree that any litigation arising out of this
Agreement shall be filed only in the Court having jurisdiction in the County in
which the INSPECTOR has its principal place of business. In the event that
CLIENT fails to prove any adverse claims against INSPECTOR in a court of law,
CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in
defending said claims.
12. If any court declares any provision of this Agreement invalid
or unenforceable, the remaining provisions will remain in effect. This
Agreement represents the entire agreement between the parties. All prior
communications are merged into this Agreement, and there are no terms or
conditions other than those set forth herein. No statement or promise of the INSPECTOR
or its agents shall be binding unless reduced to writing and signed by the INSPECTOR.
No change or modification shall be enforceable against any party unless such
change or modification is in writing and signed by the parties. This Agreement
shall be binding upon and enforceable by the parties and their heirs,
executors, administrators, successors, and assignees. The CLIENT shall have no
cause of action against the INSPECTOR
after one year from the date of the inspection.
13. Payment of the fee to the INSPECTOR is due upon completion of
the on-site inspection. The CLIENT agrees to pay all legal and time expenses
incurred in collecting due payments, including attorney fees if any. If CLIENT
is a corporation, LLC, or similar entity, the person signing this agreement on
behalf of such entity does personally guaranty payment of the fee by the
entity.
14. If the CLIENT requests a re-inspection, the re-inspection is also subject
to all the terms and conditions set forth in this agreement.
15. In providing the property inspection and inspection report, information
about the client, inspector, real estate professional, and property will be
collected and input into inspector’s software, which the inspector uses to
produce the inspection report. This information may include personally
identifiable information about the client, inspector and real estate
professional. This information may subsequently be used by the inspector to
communicate with the client.
InspectorPro Insurance, which insures Hewatt Home Inspections, will not honor a claim unless this inspection agreement is completed.
