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Certified Master Inspector

Certified by the National Association of Certified Home Inspectors - Click here to verify.

 

OUR CONTRACT

  1. Scope of the Inspection
  2. Limitations of Inspection
  3. Limitations of Liability
  4. Resolutions of Disputes
  5. Estimated Cost, Ages, Life Expectancies of Components
  6. Pre-Closing Walkthrough
  7. Severability

You the "Client", have requested that Halton Home Inspection Service, a Division of Orian Systems Inc. herein referred to as the "Company" and Andrew Shaw herein referred to as the "Inspector", conduct a home inspection service consistent with the terms of this contract.

1.     SCOPE OF THE INSPECTION

a) The Company and Inspector agrees to perform a non invasive, non destructive visual inspection of the readily accessible systems, equipment and materials of the subject house and to provide the Client with a written inspection report identifying the visually observable major deficiencies discovered at the time of the inspection. Structures detached from the house are not inspected unless otherwise expressly agreed. There will be additional fees for these extra services. The Inspection is performed in accordance with the Standards of Practice of The American Society of Home Inspectors and the Canadian Association of Home and Property Inspectors. (Our Standards)
b) The Client understands and agrees that the listed Standards of Practice are a part of and included in the terms and conditions of the inspection.
c) The Company or the Inspector shall not be construed as insuring against any defects or deficiencies, not contained in the inspection report and subsequently discovered by the client. The Client acknowledges that the inspection cannot completely assess risk, detect all flaws, predict all occurrences or make assurances. It is impossible to reduce your risk to zero, nor will we assume your risk. The client further agrees and acknowledges that in the event the Client purchases the inspected property, the Client assumes all risks associated with the purchase.
d) The inspection and report are performed and prepared for the sole, confidential and exclusive use and possession of the Client. The Report is non-transferable. The Client agrees to indemnify and save harmless the Company and Inspector any damages arising out of claims against the Company or the Inspector by third parties to which the Client has released the Report in contravention of this Agreement.

2.     LIMITATIONS OF INSPECTION

a)

The inspection only includes those items and systems expressly and specifically identified here and in the, provided inspection report. Maintenance and other items may be discussed and some less than major defects noted as a courtesy to the Client, but they are not within the required scope of the inspection. Among those conditions, items and systems NOT included in the inspection are the following:

?The inspection and/or testing of underground or concealed pipes, electrical lines or circuits, sewer lines and/or on-site waste disposal systems, septic systems, water softeners, wall finishes, carpets, window treatments, concealed insulation, concealed vapor retarders, and garage door remote control transmitters, intercom systems, security systems, telephone and cable TV systems, solar systems, antennae, satellite dishes, lightening arrestors, anti-siphon devices, low voltage lighting systems, fire and lawn sprinkler systems, safety glazing, humidifiers, electronic air cleaners, oil tanks, non-central a/c units, adequacy of air flow, air conditioning coils, compressors, coolant lines and levels, any timing systems, water purification systems, well systems(other than visible above ground systems), swimming pools, saunas, hot tubs, spas, whirlpools, hydro-massage tubs, instant water heating devices, pressure tests on central air conditioning systems, furnace heat exchangers, buried storage tanks, safety relief valves, radiant heating systems, appliances and other personal property, the conducting of any soil or geological tests, fences, driveways, recreational facilities, outbuildings(e.g. Barns, sheds, other dwellings etc.)The dismantling of any object or portions of the property, the inspection of any concealed or inaccessible portions of the property other than readily accessible service panels, and except as modified by separate written agreement, the inspection or testing for termites, dry rot fungus or other wood destroying pests or organisms or for household pests or rodents.

b) This inspection will be of readily accessible areas of the house and is limited to visual observations of apparent conditions existing at the time of inspection.? Furthermore, conditions, which change after the time of the inspection, are not included in the Report. In addition, deficiencies and defects, which are latent or concealed, are excluded from the inspection: the inspection is not intended to be technically exhaustive. Equipment, items and systems will not be dismantled. The inspection and report is NOT a conformity or compliance inspection for governmental codes or regulations of any kind. The inspector is not required to move personal property, debris, furniture, equipment, carpeting, or like materials, which may impede access or limit visibility. Recent and existing weather conditions may also restrict the results of the inspection.
c) During the inspection some items are subject to random testing only. We will not open every window, nor check every receptacle, nor test every door. For a precise list of items that are random tested see the Standards of Practice provided with this report.? (Our Standards)
d) The inspection and report do not address and are not intended to address the possible presence of or danger from asbestos, radon gas, lead paint, urea formaldehyde, soil contamination and other indoor and outdoor pollutants, toxic or flammable chemicals, water or airborne related illnesses or disease, and all other similar or potentially harmful substances. The client is urged to contact a competent specialist if information or identification or testing of the above is desired. In addition, the presence or absence of rodents, termites and other insects are also not covered by this inspection. The client is urged to contact a competent specialist if information or testing of the above is desired.

3.     LIMITATIONS OF LIABILITY

a) The parties agree that the Company and the Inspector, and it?s employees and agents, assume no liability or responsibility for the cost of repairing or replacing any unreported defects or deficiencies, either current or arising in the future, or for any property damage, consequential damage or bodily injury of any nature. THE INSPECTION AND REPORT ARE NOT INTENDED TO BE OR TO BE USED AS A GUARANTEE, CERTIFICATION OR WARRANTY, EXPRESSED OR IMPLIED, OR INSURANCE POLICY REGARDING THE ADEQUACY, PERFORMANCE OR CONDITION OF ANY INSPECTED STRUCTURE, ITEM, SYSTEM OR EQUIPMENT.
b)

BY COMMISSIONING THIS HOME INSPECTION YOU AGREE AND ACKNOWLEDGE THAT HALTON HOME INSPECTION SERVICE, THE PARENT COMPANY, ORIAN SYSTEMS INC. ANY AND ALL, HOME INSPECTION ASSOCIATIONS AND THE INSPECTOR, DOES NOT CARRY ERRORS AND OMISSIONS INSURANCE AND THAT THE MAXIMUM LIABILITY OF HALTON HOME INSPECTION SERVICE OR ORIAN SYSTEMS INC OR THE INSPECTOR AND / OR EMPLOYEES AND ASSOCIATIONS, FOR ERRORS OR OMISSIONS DURING THE INSPECTION OR CONTAINED IN THE REPORT SHALL BE LIMITED TO A SUM EQUAL TO THE COMPANIES FEE FOR THE INSPECTION SERVICE AND YOU RELEASE US FROM ANY ADDITIONAL LIABILITY.

There will be no recovery for secondary or inconsequential by any person. By signing this agreement you agree to the limitation on our liability. You further agree and understand that you assume all risks associated with buying the property.

c) If the inspection fee or any portion thereof is refunded to you, this refund shall be accepted by you as full and final settlement of all claims and causes of action that you may have against us. You will be asked to sign our ?Complete Release? form before your refund is given to you.

4.     RESOLUTION OF DISPUTES

If you believe we have made an error or omission in our inspection service, you agree to notify us as soon as possible followed with a written letter within 48 hours of your telephone call. You also agree to notify us before making any alterations or repairs as to provide us a reasonable opportunity to investigate your complaint and attempt to resolve it to our mutual satisfaction. If you make alterations or repairs before contacting us to provide us with an opportunity to investigate your complaint, then you waive any complaint that you may have against us regarding that complaint or item. You also agree to allow us access to your home in order to investigate your complaint. If you do not bring to our attention any complaints you may have within one year after the inspection date, then you agree that these releases us from any liability we have to you under this contract and to the inspection service provided.

5.     ESTIMATED COSTS, AGES, AND LIFE EXPECTANCIES OF COMPONENTS

a) Where possible an approximate life expectancy of certain systems and equipment may be provided, but such estimates are general in nature and should not be relied upon. The actual life, performance may vary widely. Further evaluation by a Qualified Licensed Contractor is recommended if a more accurate estimate is required.
b) Ages of equipment and systems? if provided in the report are rough estimates.? The? company does not accept liability if the information provided is not accurate. The company urges the Client to contact the owner of the inspected property to learn the age of such items as the roof, heating, cooling systems etc. and any recent problems or known defects.
c) If? costs are? entered in this report they are intended to be ballpark and best guesses and are not quotations or estimates for doing the work. Costs are approximated based on a general book rate basis. Evaluation by a Qualified Licensed Contractor is recommended in order to obtain precise costs for repairs, renovations or improvements. Ballpark costs are provided, when possible, as a courtesy only, and we accept no responsibility for any ballpark costs that are listed in this report, or discussed with you directly.

6.     PRE-CLOSING WALK-THROUGH

The inspection service is a visual inspection of the home and property on the date that this service has been performed. Sometimes problems, damages, mechanical failures, symptoms or clues may appear after the inspection date before your legal acceptance of ownership of the property of the home. It is highly recommended that you arrange a pre-closing walkthrough inspection to satisfy yourself that the systems, equipment, components and materials are in the same condition and quality as the date of the inspection service.

7.     SEVERABILITY

In the event that any portion of this agreement is held to be invalid or unenforceable, then such provision should be considered separate any severable from this agreement and the remaining provisions of this agreement shall remain in full force and shall be binding upon the parties hereto. In such case, the remainder of this contract shall be in full force and effect.

This contract contains the entire agreement between You and Us and there are no representations, warranties or commitments, except those specifically noted in this contract. There are no oral representations or warranties of any kind. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by all parties. This contract supersedes any and all representations or discussions, whether oral or written between you and us. This contract shall be binding upon and enforceable by the parties, and their heirs, executors, administrators, successors and assigns.

I have carefully read the inspection agreement and fully understand, and agree to its contents. I am aware that this is a limitation of liability and a contract between Halton Home Inspection Service, Orian Systems Inc., the Inspector, and myself and sign it of my own free will. I agree to pay a base fee plus any additional fees and any applicable taxes as stated in this contract, at or before the time of inspection. The client agrees to read the entire report and is urged to call the inspector at any time for an explanation of any item in the report that is not clearly understood.

Halton Home Inspection Service, a Division of Orian Systems Inc.

CLIENT - I have read, understood and agree to the above.