Armor Inspections HOME INSPECTION AGREEMENT
TERMS AND CONDITIONS
THIS CONTRACT LIMITS LIABILITY
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING
I. Scope of Services
A. In exchange for the Inspection Fee paid by Client, the Inspector agrees to provide the Client with an Inspection Report setting out the Inspector’s professional opinions concerning the condition of the Property further described in the report. The inspection will be performed in accordance with the Texas Standards of Practice promulgated by the Texas Real Estate Commission and/or the Texas Department of Agriculture ie: Structural Pest Control Service. Inspector will attempt to identify major defects and problems with the Property. However, Client acknowledges that the Inspection Report may not identify all deficiencies, defects or problems.
B. The Inspector agrees to:
1. inspect items, parts, systems, components and conditions which are present and visible at the time of the inspection, but the inspector is not required to determine or estimate the remaining life expectancy or future performance of any inspected item, part, system or component;
2. operate mechanical and electrical equipment, systems, and appliances during an inspection in normal modes and operating range at the time of the inspection;
3. report which of the parts, components, and systems present in the property have or have not been inspected;
4. report as deficient inspected parts, components or systems that are not functioning or that the standards of practice required the inspector to report as Deficient; and
5. address all of the parts, components, and systems contained in the standards of practice in the property being inspected.
C. The inspection is limited to those items which can be seen, easily accessed and/or operated by the Inspector at the time of the inspection as set out in the Inspection Report. Inspector will not remove walls, floors, wall coverings, floor coverings and other obstructions in order to inspect concealed items. Systems and conditions which are not specifically addressed in the Inspection Report are excluded. The major systems which will be inspected include:
1. Foundation; Grading & Drainage
2. Interior doors, wall, ceilings and floors;
3. Exterior walls and doors, windows and door glazing;
4. Fireplace and chimney;
5. Roof, Roof Structure and attic;
6. Porches, Balconies and decks;
7. Built-in Appliances;
8. Heating, cooling and Vent Systems;
9. Plumbing Supply & Drains, Water Heating System; and
10. Electrical system.
D. The inspector may indicate one of the following opinions of the inspector regarding a particular item:
1. The item is performing adequately at the time of the inspection;
2. The item is in need of replacement or service for repair; or
3. Further evaluation by a technician or expert is recommended.
II. Inspection Report
A. The Inspection Report provided by the Inspector will contain the Inspector’s professional, good-faith opinions concerning the need for repair or replacement of certain observable items. All statements in the report are the Inspector’s opinions and should not be construed as statements of fact or factual representations concerning the Property. By signing this Agreement, the Client understands that the services provided by the Inspector fall within the Professional Services Exemption of the Texas Deceptive Trade Practices Act (ADTPA) and agrees that no cause of action exists under the DTPA related to the services provided. Unless specifically stated, the report will not include and should not be read to indicate opinions as to the environmental conditions, presence of toxic or hazardous waste or substances, presence of termites or other wood-destroying organisms, or compliance with codes, ordinances, statutes or restrictions or the insurability, efficiency, quality, durability, future life or future performance of any item inspected.
B. The Inspection Report is not a substitute for disclosures by sellers and real estate agents. Said disclosure statements should be carefully read for any material facts that may influence or affect the desirability and/or market value of the Property.
C. As noted above, the Inspection Report may state that further evaluation of certain items is needed by an expert in the field of the item inspected. By signing this Agreement, Client acknowledges that qualified experts may be needed to further evaluate such items as structural systems, foundations, grading, drainage, roofing, plumbing, electrical systems, HVAC, appliances, sprinkler systems, fire/smoke detection systems, septic systems and other observable items as noted in the report.
III. Disclaimer of Warranties
The inspector makes no guarantee or warranty, express or implied, as to any of the following:
1. That all defects have been found or that the Inspector will pay for repair of undisclosed defects;
2. That any of the items inspected are designed or constructed in a good and workmanlike manner;
3. That any of the items inspected will continue to perform in the future as they are performing at the time of the inspection; and
4. That any of the items inspected are merchantable or fit for any particular purpose.
IV. LIMITATION OF LIABILITY
BY SIGNING THIS AGREEMENT, CLIENT ACKNOWLEDGES THAT THE INSPECTION FEE PAID TO THE INSPECTOR IS NOMINAL GIVEN THE RISK OF LIABILITY ASSOCIATED WITH PERFORMING HOME INSPECTIONS IF LIABILITY COULD NOT BE LIMITED. CLIENT ACKNOWLEDGES THAT WITHOUT THE ABILITY TO LIMIT LIABILITY, THE INSPECTOR WOULD BE FORCED TO CHARGE CLIENT MUCH MORE THAN THE INSPECTION FEE FOR THE INSPECTOR’S SERVICES. CLIENT ACKNOWLEDGES BEING GIVEN THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY COUNSEL OF HIS OR HER OWN CHOOSING AND FURTHER ACKNOWLEDGES THE OPPORTUNITY OF HIRING A DIFFERENT INSPECTOR TO PERFORM THE INSPECTION. BY SIGNING THIS AGREEMENT, CLIENT AGREES TO LIABILITY BEING LIMITED TO THE AMOUNT OF THE INSPECTION FEE PAID BY THE CLIENT.
IV. Tainted, Corrosive Drywall.
From approximately 1999 until today, some homes in Texas were reportedly built or renovated using tainted drywall imported from China (“Tainted, Corrosive Drywall”). Tainted, Corrosive Drywall may emit toxic levels of Hydrogen Sulfide (H2S), iron disulfide, strontium sulfide, carbon disulfide, carbonyl sulfide, formaldehyde, sulfur dioxide, and/or sulfur trioxide causing corrosion of copper and metal surfaces, including air conditioner coils, refrigerator coils, copper tubing, and electrical wiring, and it often creates noxious odors which may pose health risks. Tainted, Corrosive Drywall has most commonly been reported in houses built or renovated/remodeled after 2000 in 42 out of the nation’s 50 states. Additional information concerning Tainted, Corrosive Drywall can be found at: http://www.cpsc.gov/info/drywall/index.html; http://www.constructionguru.com; and http://chinesedrywallcomplaintcenter.com
By signing this Agreement, Client acknowledges that this Inspection will not reveal the existence of Tainted, Corrosive Drywall and/or damages to the Property which may have resulted from Tainted, Corrosive Drywall. In order to determine the existence of Tainted, Corrosive Drywall and related damages, it is recommended that an inspection be scheduled with a knowledgeable drywall inspector.
V. Covid 19 Pandemic
Due to issues related to the Covid 19 Pandemic, the client(s) acknowledges that personal contact with others, including, but not limited to, home inspectors during this COVID-19 outbreak involves a certain degree of risk that could result in illness, permanent disability, or death. After carefully considering the risks involved, and in consideration of the Inspection Company's willingness to conduct the inspection, the client(s) hereby release and hold harmless Armor Inspections and the inspector, Derrell Jay Wilkinson and his client(s), agents, heirs, assigns, etc. from any liability of any kind whatsoever, including injury or death claims, arising or allegedly arising out of the regardless of the theory of recovery asserted, including, but not limited to claims based on allegations of negligence. The clients(s) intend this release to be the broadest release allowed by law.
For the safety of all concerned, Armor Inspections requests that the client(s) keep a safe distance from the inspector during the inspection. If the clients(s) fail to do so, they assume all risk and understand the inspector may terminate the inspection.
The clients(s) further agree that no others (including minors) shall be present during the inspection. If the client(s) permit such others to be present in violation of this document, the client(s) agree to defend and indemnify Armor Inspections in connection with any claims of any kind made by such others, regardless of the theory asserted.
VI. Dispute Resolution
In the event a dispute arises regarding an inspection that has been performed under this agreement, the Client agrees to notify the Inspector in writing, within ten (10) days of the date the Client discovers the basis for the dispute so as to give the Inspector a reasonable opportunity to reinspect the property. Client agrees to allow re-inspection before any corrective action is taken. Client agrees not to disturb or repair or have repaired anything which might constitute evidence relating to a complaint against the Inspector. Client further agrees that the Inspector can either conduct the reinspection himself or can employ others (at Inspector’s expense) to reinspect the property, or both. In the event a dispute cannot be resolved by the Client and the Inspector, the parties agree that any dispute or controversy shall be resolved by mandatory and binding arbitration. The arbitration panel must include at least one licensed home inspector. Client agrees to and shall bear all filing fees required by the American Arbitration Association.
VII. Attorney’s Fees
The Inspector and the Client agree that in the event any dispute or controversy arises as a result of this Agreement, and the services provided hereunder, the prevailing party in that dispute shall be entitled to recover all of the prevailing party’s reasonable and necessary attorneys’ fees and costs incurred by that party.
VIII. Exclusivity
The Inspection Report is to be prepared exclusively for the Client named and is not transferable to anyone in any form. Client gives permission for the Inspector to discuss report findings with real estate agents, specialists, or repair persons for the sake of clarification. A copy of the Inspection Report may be released to the selling Real Estate Agent.
BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS CONTRACT AND THE ATTACHED DOCUMENTS, IF ANY; THAT I UNDERSTAND THE TERMS AND CONDITIONS AND THAT I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF CLIENT IS MARRIED, CLIENT REPRESENTS THAT THIS OBLIGATION IS A FAMILY OBLIGATION INCURRED IN THE INTEREST OF THE FAMILY.
