|Boston Home Inspection, Inc.|
8930 Snow Hill Road
Ooltewah, TN 37363
Note: Whenever possible this agreement will be presented to the Client or his/her representative for signature prior to or during the inspection. Due to the the time constraints on real estate transactions this is not always possible. In no event will the inspection report be delivered to the Client or his/her representative until a signed copy of the Inspection Agreement is on file.
The address of the property is: ______________________________________________________________________________
THIS AGREEMENT made this ____ day of___________, 2016 by and between Boston Home Inspection, Inc. (hereinafter “BHI”) and the undersigned (hereinafter “Client”).
THE PARTIES UNDERSTAND AND AGREE AS FOLLOWS:
The Fee for the home inspection is: $ _________. Payment of the fee is due upon completion of the on-site inspection. If the Client does not attend the inspection, the fee is due the day of the inspection. Payments not received by BHI within 15 days shall be considered past due and a late charge of $35 shall be added to the fee. The Client agrees to pay all legal and time expenses incurred in collecting past due payments including attorney’s fees, if any. If the 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.
BHI agrees to perform a visual inspection of the home within the limits of this agreement and to provide the Client with a written inspection report identifying the visible defects that BHI both observed and deemed material. The inspection will not discover or include latent defects or hidden defects or deficiencies. The inspection report is only supplementary to the seller’s disclosure.
BHI agrees to perform the inspection in accordance to the current Standards of Practice included with the inspection report. The Client understands that the inspection will be performed in accordance to the aforementioned Standards, which contain certain limitations, exceptions, and exclusions.
This inspection is provided for the sole and confidential use and possession of the Client, who gives BHI and its representatives permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. BHI shall not be responsible for use or misinterpretation by third parties.
It is agreed that the components and conditions beyond the scope of the inspection shall include, but are not limited to:
Detached buildings other than garages
Wells, water conditioners, sewer disposal system, septic systems, alarm systems, irrigation systems, central vacuums, or heat pumps
Insect, rodent, or other infestations
Wood destroying insects and organisms
Hidden or latent defects
Environmental hazards including, but not limited to, any gas (including carbon monoxide and radon), the presence of mold, lead, formaldehyde, asbestos, mercury, treated lumber, and pesticides
Any underground system or component, including sewage disposal, water supply or fuel storage or delivery
Low voltage accent lighting
THE INSPECTION IS NOT INTENDED OR TO BE CONSIDERED AS A GUARANTEE OR WARRANTY, NOR ANY FORM OF INSURANCE, EXPRESSED OR IMPLIED, REGARDING THE ADEQUACY, PERFORMANCE, OR CONDITION OF THE PROPERTY, ITEMS AND SYSTEMS INSPECTED AND IT SHOULD NOT BE RELIED UPON AS SUCH.
It is further agreed, that the inspection will not determine compliance with any or all applicable codes, laws and regulations. The inspection is not intended to determine or appraise the value of the property, or become an endorsement to buy or a recommendation not to buy the inspected property.
It is further understood and agreed that BHI, its officers and/or employees assume no liability and shall not be responsible for any mistakes, omissions or errors in judgment beyond the cost of the inspection. This limitation of liability shall include and apply to all incidental damage, consequential damage, bodily injury or property damage of any nature, and client’s sole remedy shall be the return of the home inspection fee.
In most cases the report shall be available for the client on BHI’s website or mailed to the Client within 48 hours of the inspection. Any notices required to be served shall be served upon BHI at 8930 Snow Hill Road
Any dispute over the content, performance or execution of this agreement shall be governed by the laws of the state of
. Any dispute concerning this matter shall be litigated solely in the courts of Hamilton County, Tennessee.
In the event of a claim against BHI, Client agrees to supply BHI 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 BHI and its representatives from any and all obligations and liability.
In the event that Client fails to prove any claims made against BHI in a court of law, Client agrees to pay all legal costs, expenses and fees incurred by BHI in defending said claims.
Should any element of this agreement be declared void, it shall be stricken and the remaining provisions shall remain in full force and effect. This agreement constitutes the entire understanding of the parties with regard to this matter, and no statements, oral or otherwise, shall be enforceable unless made in writing and signed by both parties.
Client shall have no cause of action against BHI or its representatives after one year from the date of the inspection.
THE ABOVE IS UNDERSTOOD AND AGREED TO, AND CLIENT ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
Client: _____________________________________________________ Date: ____________________________________
For Boston Home Inspection, Inc: _________________________________ Date: __________________________________________