Wilson Home Inspections

    395 Deere Creek Rd

    Atmore, Al 36502

    251-238-0379

     

    THIS CONTRACT LIMITS OUR LIABILITY

    PLEASE READ CAREFULLY

    THIS AGREEMENT IS BETWEEN THE CLIENT NAMED ON THIS CONTRACT AND Wilson Home Inspections.

    I, {Client} hereby request a limited visual inspection of the structure at the address listed, for my sole use and benefit. I warrant that I will read the following agreement carefully. I further warrant that I will read the entire inspection report when I receive it and promptly call the inspector with any questions I have.

    SCOPE OF THE INSPECTION: The scope of the inspection and report is a limited, visual inspection of the general systems and components of the home, to identify any system or component listed in the report that may be in need of immediate repair. The inspection will be performed in compliance with the generally accepted standards of practice. A copy of these standards may be supplied upon request.

    OUTSIDE THE SCOPE OF THE INSPECTION: Any area which is not exposed to view, is concealed in any way, or is inaccessible because of soils, walls, floors, carpeting, furnishings, storage, shelving, or any other thing not included in this inspection. This inspection does not include dismantling, destructive testing, or moving items to find inaccessible areas. Any areas where animals prohibit inspection or entry.

    Whether concealed or not, the following are OUTSIDE THE SCOPE OF THIS INSPECTION: Building code or zoning ordinances; Geological stability or soil condition or types; Structural stability of engineering analysis; Termites, pests, other wood destroying insects or vermin; Asbestos, radon, formaldehyde, lead, water potability, air quality, and mold assessment; Electomagnetic radiation or any environmental health hazards; Building appraisals or value; Condition of detached buildings; Pools, spas, underground piping, or irrigation systems; Specific components noted as excluded on individual inspection forms; Private water and/or sewage systems; Saunas, steam baths, tanning areas, and indoor pools; Radio controlled devices, elevators, automatic gates, dumb waiters, lifts, or any digital or programmable devices; Water purifying systems, solar power or powered systems; Furnace heat exchangers, freestanding appliances, house hold appliances such as: stoves, dishwashers, refrigerators, washers and dryers; security systems; Personal property of any kind; Prediction of life expectancy; or Adequacy of a component. (Some items listed may be inspected for an additional fee, covered by another contract).

    This inspection is not a home warranty, guarantee, insurance policy, or substitute for real estate transfer disclosures which are required by law. Your home inspector is a generalist and is not acting as a licensed or certified engineer, or expert craftsman in any trade. If your inspector recommends a professional evaluation by a trade professional, the client should do so, and the consultation with that trade will be at the client's expense.

    ARBITRATION: Any dispute concerning the interpretation of the agreement or arising from this inspection and report, except one for inspection fee payment, shall be resolved informally between the parties or by arbitration conducted in accordance with the rules of a recognized arbitration association except that the parties shall select an arbitrator who is familiar with the home inspection industry. The arbitrator shall conduct a summary judgment motions and enforce full discovery rights as a court would as provided in civil proceedings by legal code.

    CONFIDENTIAL REPORT: The inspection report to be prepared for the client is solely and exclusively for the client's own information and may not be relied upon by any other person. Client agrees to maintain the confidentiality of the inspection report and agrees not to disclose any part of it to any other person. Client may distribute copies of the inpsection report to any parties directly involved in the real estate transaction, but said persons are not specifically intended beneficiaries of this Agreement, or the inspection report. Client agrees to indemnify, defend, and hold the inspector harmless from any third party claims arising out of clients unauthorized distribution of the inspection report.

    ATTORNEY FEES: The prevailing party in any dispute arising out of this agreement, the inspection, or report, shall be awarded all attorney fees, arbitrator fees, and other costs.

    SEVERABILITY: Client and Inspector agree that should a Court of Compentent Jurisdiction determine and declare that any portion of the contract is void, voidable, or unenforceable, the remaining provisions and portions shall remain in full force and effects.

    DISPUTES: Client understands and agrees that any claim for failure to accurately report the visually discernable conditions of Subject property, as limited herein above, shall be made in writing and reported to the inspector within ten (10) business days of discovery. Client further agrees that with the exception of emergency conditions, Client or Client's agents, employees, or independent contractors, will make no alterations, modifications, or repairs to the claimed discrepancy prior to a reinspection by the inspector. Client understands and agrees that any failure to notify the inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.

    LIMITATION ON LIABILITY: Inspector's liability for mistakes or omissions in this inspection report is limited to a refund of the fee for this inspection and report. The liability of Inspector's principals, agents, and employees is also limited to the fee paid. This limitation applies to anyone who is damaged or has to pay expenses of any kind because of mistakes or omissions of this inspection or report. This liability limitation is binding on client, and client's spouses, heirs, principals, assigns, and anyone else who may otherwise claim through client. Client assumes the risk of all losses greater than the fee paid for the inspection. Client agrees to immediately accept a refund of the fees as full settlement of any and all claims which may ever arise from this inspection.

    3RD PARTY INFORMATION: In providing the property inspection and inspection report, information about the client, inspector, real estate professional, and property will be collected and input into HomeGauge inspection software and services, which 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 provider of HomeGauge, as set out in the HomeGauge Privacy Policy found at https://www.HomeGauge.com/privacy.html. Inspectors may choose to use this information to market new or related products and services to clients.

    By Acknowledging this Agreement you confirm that you have read, understood and accepted the terms and conditions of this agreement and agree to pay the charges agreed upon at or before the inspection.

     

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