This document outlines the terms of an inspection agreement between an inspector and client. It specifies that the inspector will perform a visual inspection of readily accessible systems and components and prepare a written report, but latent defects are excluded. The inspector assumes no liability for repair costs or consequential damages. The client agrees to notify the inspector within 72 hours if they intend to repair anything in the report. The inspection is not intended to determine insurability or compliance with codes.
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1. INSPECTION AGREEMENT<br />(Please read carefully)<br />THIS AGREEMENT is made and entered into by and between, referred to as quot;
Inspectorquot;
, and, referred to as quot;
Client.quot;
<br />In consideration of the promise and terms of this Agreement, the parties agree as follows:<br />1. The client will pay the sum of $ for the inspection of the quot;
Property,quot;
being the residence, and Garage or carport, if applicable, located at ___________________________________________________________________________<br />2. The Inspector will perform a 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 the inspection. Latent and concealed defects and deficiencies are excluded from the inspection.<br />3. The parties agree that the quot;
Standards of Practicequot;
(the quot;
Standardsquot;
) shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. If the State Florida where the inspection is performed imposes more stringent standards or administrative rule, then those standards shall define the standard of duty and the conditions, limitations, and exclusions of the inspection.<br />4. The parties agree and understand that the Inspector and its employees and its 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 the Inspector is liable only up to the cost of the inspection.<br />5. 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, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.<br />6. If Client is married, Client represents that this obligation is a family obligation incurred in the interest of the family.<br />7. This “Agreement” represents the entire agreement between the parties and there are no other agreements either written or oral between them. This Agreement shall be amended only by written agreement signed by both parties. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, and if that State laws or regulations are more stringent than the forms of the agreement, the State law or rule shall govern.<br />8. Systems, items, and conditions which are not within the scope of the building inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, 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; energy efficiency measurements; motion or photo-electric sensor lighting; concealed or private secured systems; water wells; all overflow drains; heating system's accessories; solar heating systems; heat exchangers; sprinkling systems; water softener or purification systems; central vacuum systems; telephone, intercom or cable TV systems; antennae, lightning arresters, load controllers; trees or plants; governing codes, ordinances, statutes, and covenants; and manufacturer specifications, recalls, and EIFS. Client understands that these systems, items, and conditions are except from this inspection. Any general comments about these systems, items, and conditions of the written report are informal only and DO NOT represents a code inspection.<br />9. The Inspection will not include an appraisal of the 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.<br />10. 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. The Client further agrees that the Inspector is liable only if there has been a complete failure to follow the standards adhered to in the report or State law. Furthermore, any legal action must be brought within one (1) years from the date of the inspection, or will be deemed waived and forever barred.<br />11. This inspection does not determine whether the property is insurable. Exclusions of systems normally inspected.<br />12. The inspection report is intended only for the use of the individual or entity to which it is addressed, and contains information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this report is not the intended recipient, or an agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this report is strictly prohibited. The client agrees to maintain confidentiality of the report and reasonably protect the report from distribution to other parties except as needed to fulfill contractual requirements in order to purchase the property. If the client directly or indirectly causes the report to be distributed to any other party, the client agrees to indemnify, defend and hold harmless the inspector if any third party brings suit against Divinity Inspection Service related to the inspection or report.<br />Fungi Exclusion<br />DIS (Divinity Inspection Service) assumes no liability whether in contract or in tort and including the negligence of DIS for:<br />the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, growth or presence of; or<br />any costs or expense incurred to prevent, respond to, test for, monitor, abate, mitigate, remove, clean up, contain, remediate, treat, detoxify, neutralize, assess or otherwise deal with or dispose of; or<br />the actual or alleged failure to detect, report, test for, monitor, cleanup, remove, contain, dispose of, treat,detoxify, neutralize, or in any way respond to, assess the effects of or advise the existence of; any fungi or any spores, mycotoxins, odors’, or any other substances, products or by-products produced by, released by, or arising out of the current or past presence of fungi.<br />Fungi means any form of fungus, including but not limited to yeast, mold, mildew, rust, smut, or mushroom.<br />Apparent Condition of systems and components are rated as follows: SATISFACTORY (Sat.)- Indicates the component is functionally consistent with its original purpose but may show signs of normal wear and tear and deterioration.MARGINAL (Marg.)-Indicates the component will probably require repair or replacement anytime within five years.Repair or Replace (RR.)-Indicates the component will need repair or replacement now or in the very near future.A system or component that is considered significantly deficient, inoperable<br /> SAFETY HAZARD (SH.)-Denotes a condition that is unsafe and in need of prompt attention.<br />Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged. If no State/<br />Province regulations apply; this report adheres to the Standards, which is available upon request.<br />Client Name (Print): Date: ____________ Day: ______________<br />Signature: Date: ____________ Time:<br />Street Address: _____________________________________________________________ Buyer Present:<br />City/State /Zip or Postal Code: ____________________________________________________ YesNo<br />Agent present: Yes ___No Agent's Name:<br />Inspector's Signature _________________________________________ Date: __________ Inspection #__________<br />Inspector's Address <br />License/Certification #_____________________ City/State/Zip or Postal Code: ___________________________________<br />Client agrees to release reports to seller/buyer/REALTOR® YesNo______<br />