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Inspection Contract Agreement
This contract is an agreement between the client and McWilliams Construction Corp. (hereafter referred to as MCC) to perform an inspection of the home or building. These standards of practice inform you of what the home inspector will report. This inspection is a limited visual inspection as a generalist. Areas that are inaccessible are not part of this inspection including but not limited to: behind walls, furniture, under rugs, inaccessible areas and below soil or sub surface conditions. The client signing assumes all risk for potential problems or conditions including those areas not accessible by the inspector. The client assumes all risk for problems noted in this report that may reveal further damage during a repair or further investigation by a qualified professional. Your signature is your acceptance of these terms and conditions. A home inspection is not technically exhaustive and the inspector does not dismantle or perform testing that is destructive. The inspector is limited by this inspection agreement and cannot be expected to find or discover all defects in this building.
The purpose and scope of this inspection is to provide you with a better understanding of the property’s condition as observed at the time of the inspection. It will include an inspection of: Structural components, Exterior, Roofing, Plumbing, Electrical, Heating, Central A/C, Interiors, Insulation, Ventilation and built-in kitchen appliances.
Our inspection does not include testing or determining whether conditions exist such as: Asbestos, formaldehyde, Mold or Fungi, bio-aerosols, soil or geological conditions. Pools and or equipment related to pools, spas or Jacuzzis. Pests or Termites, wood eating insects, elevators, solar systems, refrigeration units, water filtration units, security alarms, intercoms, phone, cable, satellite, window treatments, mini-blinds, oven clocks or timers or clean feature, central vacuum solar systems or lightning arrestors. It does not include a test on “Synthetic Stucco” as this is a separate test and contract. MCC will not operate heating or cooling systems in temperatures that may cause damage to the unit. A/C system will not be operated by MCC in outside temperatures of 65 degrees or less. We do not inspect heat exchanger for cracks. Electric and water utilities must be turned “ON” prior to the inspection. Well or spring systems, pressure, depth, water level or condition is not part of this inspection. Furnaces must be “ON” or capable of being turned on by using normal operating controls. Pilot lights must be “LIT” in order to inspect these components or systems (i.e. gas fireplace, wall heaters). Septic tank and field inspections are not part of this contract. MCC does not inspect for code compliance or ordinances. This inspection does not include detached buildings or garages.
The home inspection report is an “opinion” of MCC. Our interpretation of what is good or fair may be different than yours. You are encouraged to be present at the time of your inspection so we will both have an understanding of each others perception. The client accepts responsibility for incomplete information if the client did not attend the inspection. Our purpose is to determine whether or not a system or component (electrical, heating, visible structure etc.) is functioning for which it was intended. We are not responsible to determine all that may be wrong with that system or component, just whether or not a second opinion is needed, such as a licensed electrician or HVAC contractor, or any specialist for that field or trade. They determine what steps are necessary to correct. Their troubleshooting may reveal additional items not mentioned in this report, which may require additional inspections by other qualified specialists. It is up to the client signing this contract to seek a specialists to investigate further any items mentioned in this report. We are not a guarantee nor do we guarantee any items or opinions described on this report. This inspection is to reduce the risk of finding a potential problem, not to eliminate them. We are not a home warranty company nor do we carry insurance on warranty claims. The limited liability of the inspector and MCC and the inspection report to the client, spouse, executors or heirs or administrators are limited to a refund of the fee paid for the inspection and report.
Should the client want an inspection that does not limit the liability to a refund of the fee paid for the inspection and report, the client can receive a technically exhaustive inspection and report without the limitation of a refund of the fee paid. The minimum fee for this type of inspection is $2,700 and up depending upon square feet. It the client chooses this technically exhaustive inspection, the client must call for a quote.
The clients signature indicates the client does not want a technically exhaustive inspection without the limits of liability to the inspector or MCC. By payment of our fee and the client’s signature, the client agrees to the statements and terms contained herein and will hold MCC and myself harmless to any claims made. The client, spouse, executors, heirs or administrators are limited to a refund of the fee paid for this inspection and report. This limitation applies to anyone who claims damages or expenses of any kind incurred due to the errors or omissions in this inspection and report.
Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection or inspection report shall be submitted to final and binding arbitration under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. The decision of the arbitrator appointed thereunder shall be final and binding and judgements on the Award may be entered in any Court of competent judgement.
MCC must receive a copy of this agreement signed by the client before the inspection can begin. Fax # 321-363-4074
Does the clients- Realtor or agent have permission to receive a copy of this report?
Yes or No (circle one)
Client Name:
Client Signature_____________________________________________
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