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Authorize Your InspectionInspection Authorization and Terms Dated: ___________________
Between cda Inspector(s): Russell S. Spriggs / Jeanne M. Considine and
Client: _____________________________________
to inspect Address: _______________________________________
The Parties Understand and Voluntarily Agree as follows:
1. INSPECTOR GUARANTEES to perform a visual, non-invasive inspection of the home/building and to provide CLIENT with a written inspection report identifying the defects that INSPECTOR both observed and deemed material. 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. This product is relayed to the client, whose responsibility it is to read, interpret and act upon it. A licensed contractor should evaluate all noted concerns and adjacent areas. Inspector denies any liability, as he has no authority to require that any party accomplish anything mentioned or suggested in this report.
2.Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of the National Association of Certified Home Inspectors (NACHI) posted at http://www.nachi.org/sop.htm. Although INSPECTOR agrees to follow NACHI’s Standards of Practice, CLIENT understands that these standards contain certain limitations, exceptions and exclusions, such as sealed areas, sprinkler systems, spas, attic areas without permanent flooring, any crawlspace areas with less than 36" clearance, etc. CLIENT also understands that NACHI is not a party to this Agreement and that NACHI has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon, mold, meth or other narcotics. CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, soil contamination, and other hazards or violations.
3. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR(s). 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 to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected pursuant to this Agreement is a log home, log structure or similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection.
4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its 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. 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. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing.
6. In the event of a claim against INSPECTOR, 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. CLIENT agrees to submit, in lieu of litigation, any disputes which may arise in connection with the Inspection of the subject property, to mediation / arbitration under the Rules of the National Association of Certified Home Inspectors’ Alternate Dispute Resolution Service (www.nachiadrs.com). The Client and Inspector acknowledge that they are bound by the Terms and Conditions of the Inspection Agreement, and that the outcome of any mediation and/or arbitration may be based upon those very Terms and Conditions, and with substantial compliance with the Standards of Practice of NACHI. The Client further agrees to be responsible for all costs associated with the request for mediation/arbitration. The Client understands that, under the Terms of this Agreement, mediation and arbitration proceedings shall be governed and followed as prescribed under the Rules for Mediation, and the Rules for Arbitration, are set forth by ADRS. Proceedings shall first attempt to reach a voluntary settlement under the Rules for Mediation. Should mediation fail to produce a voluntary settlement, and based upon information conveyed during the proceedings, ADRS shall then render a final decision as to the outcome of the action sought under its Rules regarding Arbitration. Both Parties agree to hold the Mediator / Arbitrator, NACHI, and ADRS, harmless from the results of any sought action, or resolution reached through the process. The parties agree that any litigation subsequent to the ADRS process shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has his principal place of residence / business (Bonner County, Idaho). 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.
7. CLIENT understands that any legal action against NACHI itself allegedly arising out of this Agreement or INSPECTOR’s relationship with NACHI must be brought only in the District Court of Boulder County, Colorado.
8. 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 INSPECTOR or its agents shall be binding unless reduced to writing and signed by 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. CLIENT agrees to have no cause of action against INSPECTOR after 6 months from the date of the inspection.
9. Environmental Testing (note: There are no local, state or federal requirements that you have any environmental tests conducted). The choice to have laboratory Meth, Mold or Radon testing done on your intended home purchase is entirely up to you. As Certified Home Inspectors, we are obliged to inform you of the environmental tests available. Please take a moment to carefully read the following paragraphs and initial whether you waive or authorize the appropriate testing.
a) MOLD
The United States Environmental Protection Association (EPA) recommends, “If you believe that you may have a hidden mold problem, consider hiring a professional.” (Brief Guide to Mold, p.14, EPA). If any area of the residence is suspected of having organic growth, we are lab-certified to conduct aLimited Mold Inspection / Sampling to determine if there is a problem and to identify the types of mold present. Samplings may include air, tape, swab, wall cavity, or bulk sampling. Such sampling is done in accordance with the Environmental Solutions Association(ESA) protocols and includes proper handling and documentation of samples. Analysis is done by an independent environmental microbiology laboratory, accredited by theAmerican Industrial Hygiene Association (AIHA). The Report identifies unusual mold conditions existing in the sample locations at the time they were collected. Lab testing is $295 for 3 submitted samples, $75 for each additional, plus a $20 FedEx Overnight shipping charge.
I authorize Laboratory Mold Sampling: _______ OR I waive Laboratory Mold Sampling: _______
b) RADON
The EPA recommends that all homeowners test their home for radon,as it is the leading cause of lung cancer after smoking. It is easy and inexpensive. If the radon level is 4 picoCuries per liter (pCi/L) or higher, a simple radon remediation system can be installed for venting the foundation and providing an escape so radon gas does not collect in the structure. According to EPA, short-term radon gas testing is the quickest way to determine if a potential radon problem exists. For short-term radon gas measurements with exposure times between 48 and 96 hours, we utilize the liquid scintillation (LS) pharmaceutical-grade charcoal-silica adsorption material. Short-term testing should be conducted in the lowest living area of your home, with the doors and windows shut. A Kootenai County radon test, when set at the time of your Home Inspection, is $125 plus a $20 FedEx charge. An extra charge ($40) applies if the home is outside Zip Codes 83801, 03, 14, 15, 35, 54, 58, or 69.
I authorize Laboratory Radon Testing: _______ OR I waive Laboratory Radon Testing: _______
c) STRUCTURAL NARCOTICS / METHAMPHETAMINES
Former drug use in your intended home can leave behind levels of pollution that can sicken unsuspecting residents for years and poison a structure beyond the point of salvage. Site-specific lab testing is $245 for 2 submitted samples, plus a $20 FedEx Overnight shipping charge.
I authorize Laboratory Meth Testing: _______ OR I waive Laboratory Meth Testing: _______
d) Neighborhood Environmental Profile (Environmental Data report)
This provides an in-depth Environmental Property Report that identifies any known hazards on or nearby the property, such as Leaking Underground Storage Tanks, Landfills, Hazardous Waste and Farm Chemical Runoff Sites, “Superfund” sites, Department of Defense Sites and “Meth” Labs. $99 emailed report.
I authorize an EDR Report: _______ OR I waive an EDR Report: _______
10. Neither this Agreement nor the agreed-upon Inspection Report is transferable or assignable. CLIENT has carefully read this agreement, agrees to it, and acknowledges receipt of a copy of this agreement.
11. CLIENT is responsible for having a qualified professional evaluate the comments and concerns, as well as all related systems, noted in the Inspection Report and for conducting a complete and thorough final walk-through inspection on this property immediately before closing.
12. Payment of the fee to INSPECTOR is due upon completion of the on-site inspection and PRIOR to report delivery. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s 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.
Client Signature: ________________________________________
Email Address: _____________________________________
Phone: ____________
Mailing Address: __________________________________________________________________________
Inspection Fee: $_________
Environmental Testing Fees: $_________ Total Inspection Fees: $________ Make Checks Payable to: Russell S. Spriggs
Mail To: 300 Walnut Lane, Spirit Lake, ID 83869 FAX Form to: 866.349.4124 |