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OUR
CONTRACT
- Scope of the Inspection
- Limitations of Inspection
- Limitations of Liability
- Resolutions of Disputes
- Estimated Cost, Ages,
Life Expectancies of Components
- Pre-Closing Walkthrough
- 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)
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| 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.
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| 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.
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| 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.
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| 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.
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| 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)
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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