The Parties Understand and Voluntarily Agree as Follows:
NOTE: PLEASE READ the inspection agreement in its entirety and sign below. Your electronic signature will be your acceptance of the inspection agreement between South Country Home Inspections, Inc., herein referred to as INSPECTOR and you, herein referred to as CLIENT. The INSPECTOR is NOT responsible for reading or interpreting this agreement to you; however, you may contact us for an explanation of this agreement if you do not fully understand. If a court finds any term of this agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You the CLIENT had the opportunity to consult qualified counsel before signing this.
- This agreement will provide the scope of each service offered and serve as an understanding and acknowledgement of what is included and excluded from the various inspection(s) and/or service(s) that we offer. The inspection(s) and/or service(s) which the CLIENT requests will be selected by the CLIENT prior to submitting the agreement electronically to the INSPECTOR. CLIENT will also include the fee, which will be designated by the INSPECTOR. Additional services may be added or subtracted and inspection fees may be adjusted accordingly if CLIENT requests to add or subtract an additional service after signing this agreement, and all terms and conditions of this agreement shall still apply. Changes made may be noted in the inspection invoice, which may be provided in the inspection report and serve as an addendum to this agreement.
- INSPECTOR accepts cash, checks, and most credit cards. Payment of the fee is due upon completion of the on-site inspection. The inspection report(s) will not be released until payment is received.
- All inspection services are based on a one-time visit. If the CLIENT requests a re-inspection, the re-inspection is also subject to all terms and conditions set forth in this agreement and will include an additional re-inspection fee per each visit. Re-inspection fees will be determined according to the items, systems, or components being re-inspected. CLIENT further understands that the INSPECTOR only re-inspects to determine whether or not repair attempts were made. INSPECTOR does not grade repairs and does NOT determine if a licensed professional performed the repairs or if the repairs were performed to code with any applicable permits. INSPECTOR will only advise if repair attempts were made and CANNOT advise if repairs will fail in the future.
- Inspection(s) will not determine whether the property is insurable. The inspection will not include an appraisal of value or a survey. The written report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.
- The parties agree and understand that the INSPECTOR is not an insurer or guarantor against defects in the structure, items, components, or systems inspected. The INSPECTOR makes no warranty, express or implied, as to the fitness for use, condition, performance or adequacy of any inspected structure, item, component, or system. CLIENT acknowledges that INSPECTOR is a generalist, and that the inspection service(s) are limited and do not warrant the property is habitable or free from: defects and deficiencies (whether disclosed in the report or not), health safety issues, and further concerns – WHEREAS, INSPECTOR STATES, AND CLIENT ACKNOWLEDGES, THAT FURTHER INVESTIGATION BY APPROPRIATE SPECIALISTS IS OFTEN ADVISABLE. INSPECTOR does NOT assume any legal liability for misinformation given by inspector, nor for inaccuracies, human error, etc.
- The parties agree that the International Association of Certified Home Inspectors (InterNACHI) “Residential Standards of Practice” (the standards) shall define the standard of duty and the conditions, limitations, and exclusions of the inspection(s), unless otherwise stated in this agreement. If the property to be inspected is a Commercial Property, the “Commercial Standards of Practice” shall apply. INSPECTOR does NOT perform walk-through surveys, interviews, or document collection as a part of Residential or Commercial Building Inspections. The standards can be found at nachi.org. If CLIENT would like INSPECTOR to provide a copy of the standards or any state inspection forms, CLIENT must make a request to INSPECTOR via email. InterNACHI is not a party to this Agreement and has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR.
- CLIENT understands that INSPECTOR uses a quality control procedure and reports are viewed for accuracy and consistency. Reports are submitted to the CLIENT before QC review. Reports are QC reviewed within 24 hours. Changes or amendments are sometimes recommended or required. INSPECTOR reserves the right to amend report(s) up to 72 hours after initial delivery. CLIENT agrees and is aware that amended reports need full review again.
- Installed Systems and Components: Structural components; exterior; interior; roofing; plumbing; electrical; heating ventilation and cooling (HVAC); insulation and any attached garage or carport. The inspection of detached structure(s) is NOT part of this inspection, however can be added for an additional fee and will be reflected in the inspection invoice.
- Readily Accessible Systems and Components: Only those systems and components where the INSPECTOR is not required to remove personal items, furniture, equipment, soil, or other items which obstruct access or visibility. In regards to all inspection services, concealed items and/or concerns are EXCLUDED and NOT part of the inspection(s).
- Scope: Home Inspection or Commercial Building Inspection: The INSPECTOR will perform a limited, one time, non-invasive visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the property existing at the time of inspection. This inspection is not technically exhaustive. Latent and concealed defects and deficiencies and areas that are not accessible are excluded from the inspection. Inspections performed on condominiums or attached/semi-attached homes will be limited to that specific unit only. The home inspection report or commercial building inspection report will include a definition of the terms used to describe the conditions of the systems and components.
- Systems, items, and conditions which are NOT within the scope of a home or commercial inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, or other environmental hazards; pest infestation; security and fire protection systems; household appliances; humidifiers; paint, wallpaper, and other treatments to windows, interior walls, ceilings, and floors; recreational equipment or facilities, pool/spa water purification systems (ozone generator/saltwater, etc.); underground storage tanks, the operation of fire suppression or life safety equipment, energy efficiency measurements; motion or photo-electric sensor lighting; concealed or private secured systems; water wells; all overflow drains; heating systems accessories; solar heating systems; heat exchangers; sprinkling systems; water softener and purification systems; central vacuum systems; telephone, intercom or cable TV systems; antennae, lightning arrestors, load controllers; trees or plants; governing codes, ordinances, statutes, covenants; and items installed per manufacturer specifications, recalls, and EIFS. CLIENT understands that these systems, items, and conditions are excluded from the inspection. Any general comments about these systems, items, and conditions of the written report are informal only and DO NOT represent an inspection.
- Scope: Wind Mitigation Inspection: The INSPECTOR will cover only the items listed on the Florida Uniform Mitigation Verification Inspection Form. This inspection is not a full home inspection and is not intended to inspect any components in the home except for items on the form relating to stronger methods to resist wind load on the home in adverse conditions. Please review that form before you select this service and sign this agreement. The purpose of this inspection is to determine if certain procedures have been performed on the home to help withstand adverse conditions. It is not an assurance that this home will be protected or whether it can withstand specific types of adverse conditions. This limited inspection may help you qualify for a reduced insurance rate, but is not guaranteed to reduce rates.
- Scope: Four Point Inspection: The INSPECTOR will perform a visual and/or operational inspection solely to determine the general condition of the plumbing, electrical, roof, and the heating and cooling systems. This is not a complete home inspection. The determination of estimated roof life expectancy is based on the INSPECTOR’S opinion and does not guarantee the roof will not fail in the future.
- Scope: Wood Destroying Organisms Inspection (WDO): This inspection only covers what is listed on the Florida WDO form. Please Note: If this service is requested, a licensed third party pest control company may perform the WDO inspection and such company will be chosen by INSPECTOR. INSPECTOR is not liable for the accuracy or quality of the WDO
- Scope: Swimming Pool/Spa Inspection: An inspection of the swimming pool/spa and its related components will be a limited non-invasive visual inspection of the visible and readily accessible components if operating. The determination of whether the pool is leaking or will leak is beyond the scope of this inspection. Solar equipment and Heaters are NOT part of this inspection. The timing functions on the timer will not be tested due to time constraints.
- Dock/Seawall Inspection: An inspection of the dock and seawall will be a limited non-invasive visual inspection of the visible and readily accessible components from the landside. Mechanical lifts may or may not be tested if there is a boat or other item present on the lift at the time of inspection; the INSPECTOR solely makes this decision at the time of inspection.
- Scope: Lawn Irrigation System Inspection (Lawn Sprinkler System): An inspection of the lawn irrigation system and its related components will be a limited non-invasive visual inspection of the visible and readily accessible components if operating. The timing functions on the timer will not be tested due to time constraints. We do not check every possible sprinkler head on the property, this inspection is for overall functionality of the sytem.
- Scope: Household Appliance Check: An inspection of the household appliances will be a limited non-invasive visual inspection of the visible and readily accessible components if operating. Timing functions will not be tested due to time constraints. We do not inspect the adequacy, efficiency, or functionality of each appliance, and we do not let appliances run through complete cycles. This is simply a cursory check of the appliances to see if they are operating by their normal operating controls.
- CLIENT represents and assures INSPECTOR that CLIENT had secured all approvals necessary for entry onto/into the premises to be inspected. CLIENT further agrees to defend, indemnify, and hold harmless INSPECTOR from demands or claims alleging trespass upon the premises to be inspected. It is the responsibility of the CLIENT to ensure that all necessary steps are taken to ensure access and that all utilities are on at the time of inspection.
- The inspection(s) and report(s) are performed and prepared for the sole and exclusive use and possession of the client. The inspection report(s) are non-transferable. No other person or entity may rely on the report issued pursuant to this agreement. In the event that any person, not a party to this agreement, makes any claim against INSPECTOR, its employees or agents, arising out of services performed by the INSPECTOR under this agreement, the CLIENT agrees to indemnify, defend, and hold harmless INSPECTOR from any and all damages, expenses, costs, and attorney fees arising from such claim. If CLIENT is married, CLIENT represents that this obligation is a family obligation incurred in the interest of the family. CLIENT gives INSPECTOR permission to discuss this inspection and all observations with real estate agents, owners, repairpersons, and other interested parties. The CLIENT also gives the inspector permission to release the inspection report(s) to the Real Estate Agent and/or the Insurance Agent representing the CLIENT.
- CLIENT agrees that the INSPECTOR may have an affiliation with a third party service provider, All Pro Termite & Pest Control, Inc. in order to offer you additional services. By entering into this agreement, CLIENT authorizes INSPECTOR to provide CLIENT contact information (including telephone numbers) to All Pro Termite & Pest Control, Inc. ONLY and NOT any other company. CLIENT agrees to allow such third party service provider to contact CLIENT. CLIENT agrees to hold harmless INSPECTOR for any and all damages, errors or omissions by third party service provider.
- In the event of a claim by the CLIENT that an installed system or component of the premises which was inspected by the INSPECTOR was not in the condition reported by the inspector, the CLIENT agrees to notify the INSPECTOR at least 72 hours prior to repairing or replacing such system or component. CLIENT also agrees to allow the INSPECTOR access to the item(s) being claimed so that the INSPECTOR can observe, photograph, video and audio record, and document such claim prior to repair, including interactions with CLIENT or any OCCUPANTS. If CLIENT fails to allow the INSPECTOR access, any claim will be deemed waived and forever barred. The CLIENT further agrees that the INSPECTOR is liable only if there has been a complete failure to follow the standards established by InterNACHI for residential or commercial standards of practice and/or operate within this agreement. CLIENT shall be liable for the INSPECTORS attorney’s fees in the event of litigation. CLIENT further agrees that any negative comments/actions reflected on/towards INSPECTOR shall be grounds for a slander-suit for defamation of character in Superior Court. The defamation of character suit shall be filed against the instigator of said comments/actions. Furthermore, any claim or legal action MUST be brought within six (6) months from the date of the inspection, or will be deemed waived and forever barred.
- The parties agree and understand that the INSPECTOR and it’s employees, volunteers, and agents assume no liability or responsibility for the costs of repairing or replacing any unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. If repairs or replacement are done without giving the INSPECTOR the required notice, the inspector will have no liability to the CLIENT. The CLIENT further agrees that in any event, the INSPECTOR is ONLY liable for the actual cost of repair or the cost of the inspection, whichever is less. INSPECTOR’S 100% Satisfaction Guarantee means that INSPECTOR guarantees to inspect within the terms and conditions of this agreement. ALL advertisements are for marketing purposes and do not in any way substitute or negate the terms and conditions of this agreement.
- Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation 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 first to a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction in Flagler County, Florida. CLIENT further understands that ANY legal action against INSPECTOR arising out of this Agreement must be brought only in the Court within Flagler County, Florida.
INSPECTOR MAKES NO WARRANTY EXPRESS OR IMPLIED EXCEPT AS STATED HEREIN AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
MOLD NOTICE, DISCLOSURE and DISCLAIMER
WHAT HOMEOWNERS SHOULD KNOW ABOUT MOLD. Mold is a type of fungus. It occurs naturally in the environment, and it is necessary for the natural decomposition of plant and other organic material. It spreads by means of microscopic spores borne on the wind, and is found everywhere life can be supported. If the growing conditions are right, mold can grow in your home. Most homeowners are familiar with mold growth in some form or another. Examples of mold are bread mold, and mold that may grow on bathroom tile. In order to grow, mold requires a food source. This may be supplied by items found in the home, such as fabric, carpet or even wallpaper, or by building materials, such as drywall, wood and insulation, to name a few. Mold also requires a temperate climate. The best growth has been determined to occur between 40 and 100 degrees F. Finally, mold growth requires moisture, which is the only mold growth factor that can be controlled in a residential setting. A homeowner can minimize or reduce mold growth by minimizing moisture. Common sources of home moisture include spills, leaks, overflows, condensation, and high humidity. As Florida is prone to extremely high humidity, good housekeeping and home maintenance practices are essential to prevent and eliminate mold growth. If moisture is allowed to remain, mold can develop within 24 to 48 hours.
CONSEQUENCES OF MOLD. Although not all mold is harmful, certain strains have been shown to have adverse health effects in susceptible persons. The most common effects are allergic reactions, including skin irritation, watery eyes, running nose, coughing, sneezing, congestion, sore throat and headache. Individuals with suppressed immune systems may risk infections. Some experts disagree about the level of mold exposure that may cause health problems, and about the exact nature and extent of the health problems that may be caused by mold. The Center for Disease Control states that a casual link between the presence of toxic mold and serious health conditions has not yet been proven.
WHAT HOMEOWNERS CAN DO. The homeowner can take positive steps to reduce or eliminate the occurrence of mold growth in the home, and thereby minimize any possible adverse effects that may be caused by mold. These steps include the following:
- Before bringing items in to the home, check for signs of mold. Potted plants (roots and soil), furnishings or stored clothing and bedding material, as well as many other household good could already contain mold and growth.
- Regular vacuuming and cleaning will help reduce mold levels. Anti-microbial solutions and most tile cleaners are effective in eliminating or preventing mold growth.
- Keep the humidity in the home low. Vent clothes dryers to the outdoors. Ventilate kitchen and bathrooms by opening the windows, by using exhaust fans, or by running the air conditioner to remove excess moisture in the air, and to facilitate evaporation of water from the wet surface.
- Promptly clean up spills, condensation and other sources of moisture. Thoroughly dry any wet surfaces or material. Do not let water pool or stand in your home. Promptly replace any materials that cannot be thoroughly dried, such as drywall or insulation.
- Inspect for leaks on a regular basis. Look for discoloration or wet spots. Repair any leaks promptly. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take notice of musty odors, and any visible signs of mold.
- Should mold develop, thoroughly clean the affected area with an anti-microbial mold solution. First, test to see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery or carpet should be discarded. Should the mold growth be severe, call on the services of a qualified professional cleaner.
- Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
Disclaimer and Waiver
Whether or not you as a homeowner experience mold growth depends largely on how you manage and maintain your home. Every home contains products, materials and industrial chemicals that are used in constructing the home which may cause allergic or other bodily reactions in some individuals. You should consult your physician to determine the chemicals that may adversely affect you or members of your family. Our responsibility as a Home Inspector must be limited to things that we can control. As such INSPECTOR will not be responsible for any damages caused by mold or by some other agent whether or not the presence of the mold or other agent is disclosed by our inspection, to include, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. Any implied warranties, including an implied warranty of habitability, or an implied warranty of fitness for a particular use, are herby waived and disclaimed.
CLIENT UNDERSTAND AND AGREES THAT THE INSPECTOR IS NOT RESPONSIBLE, AND HEREBY DISCLAIMS ANY LIABILITY FOR, ANY DAMAGES, ILLNESS OR ALLERGIC REACTIONS WHICH THE CLIENT, CLIENT’S FAMILY MEMBERS, AND/OR ANY OTHER OCCUPANTS MAY EXPERIENCE AS A RESULT OF MOLD, MILDEW, FUNGUS, SPORES OR CHEMICALS, TO INCLUDE, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, LOSS OF VALUE, AND ADVERSE HEALTH EFFECTS, OR ANY OTHER EFFECTS.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
This Notice, Disclaimer and Waiver Agreement is hereby made a part of the Inspection Agreement between CLIENT and INSPECTOR. The consideration for this agreement shall be the same consideration as stated in the Inspection Agreement. Should any term or provision of this agreement be ruled invalid or unenforceable by a court of competent jurisdiction, the remainder of this agreement shall nonetheless stand in full force and effect.
I (we) acknowledge receipt of this Notice, Disclaimer and Waiver agreement. I (we) have carefully read and reviewed its terms, understand same and agree to its provisions.