1. The inspector will perform a visual inspection and prepare a written report to the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded, such as concealed piping behind walls and/or in floor slab that is not evident from the inspection. The inspector reserves the right to suggest or recommend services from an expert in a given field.
2. The parties agree that the “Standards of Practice” are (the standards) shall define the condition, limitations and exclusions of the inspection. Tennessee “Standards of Practice” are available if requested or at www.tennessee.gov.
3. The parties understand and agree that the inspector and its employees and its agents assume no liability or responsibility for the cost or replacing any unreported defects or deviancies or defects either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. If repairs or replacement is done without giving the inspector the required notice, the inspector will have no liability to the client. The client further agrees that the inspector is liable only up to the cost of the inspection.
4. The client agrees to allow the inspector to re-inspect before changing the condition of the problem, except in an emergency. Failure to allow the inspector the opportunity to re-inspect, as required above, shall constitute a waiver of any and all claims client may have against the inspector.
5. This agreement, including the terms and conditions represent the entire agreement between the parties and there are no other agreements either written or oral between them. This agreement shall be amended only in writing signed by both parties. This agreement shall be the construed and enforced in accordance with the laws of the state of Tennessee, and that state laws or regulations are more stringent than the forms of the agreement, the state law or rule shall govern.
6. Systems, items, and conditions which are not within the scope of this home inspection include but are not limited to:
a. radon, formaldehyde, lead paint, asbestos,
b. toxic or flammable materials,
c. mold, Fungi, other environmental hazards,
d. pest infestation,
e. security and fire protection monitoring systems (concealed or private),
f. household appliances (including humidifiers),
g. paint, wall paper and other treatments to windows, interior walls, ceilings and floors,
h. recreational equipment or facilities (including all detached buildings),
i. under ground storage tanks, energy efficiency measures, water wells,
j. heating system accessories and/or solar heating systems,
k. water softeners, central vacuum systems,
l. telephone, intercom or cable TV systems, antennae, lightening arrestors,
m. trees or plants,
n. governing codes, ordinances, statutes and covenants and manufacturer specifications.
Any general comments about these systems, items and conditions of the written report are informal only and “Do Not” represents inspection.
7. The inspection report are performed and prepared for the sole and exclusive use and position of the Client. 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, defend and hold harmless the Inspector from any and all damages, expenses, costs and attorney fees arising from such a claim.
8. The inspection will not include an appraisal of the value or survey of the property. The written report is not a compliance inspection or certification for past or present government codes or regulations of any kind.
9. The parties agree and understand the inspector is not an insurer or guarantor against defects in the structure, items, components or systems inspected. Inspector makes no warranty, expressed or implied, as to the fitness for use, condition, performance, prediction of life expectancy, and/or adequacy of any inspected structure, item, component or system.
10. In the event of a claim 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 further agrees that the inspector is liable only if there has been a complete failure to follow the standards included in the report or state law. This must be taken through the American Arbitration Association and reimburse attorney fees and includes a Wavier of subrogation. Furthermore, any legal action must be brought within one (1) year from the date of the inspection or will be deemed waived and forever barred.
11. The client will pay for the inspection when services are rendered unless prior arrangements have been made. For the inspection of the property, being the residence and garage or carport, if applicable, located at above address. If payment is not made in accordance with this agreement, any collection fees will be added and will be paid by client.