Pre-Inspection Agreements

Inspection Type

Inspection Authorization and Terms, dated*
The day this document is considered complete.
Between this Inspector and*
First name Last Name
Client E-mail Address*
This is where the inspection report will be sent when completed.
Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
Type your name here to acknowledge you have been informed of the inspector's Standard Operating Procedures set forth by InterNACHI. And the client further acknowledges they have been shown a copy of the inspector's Florida License.
To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
(hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows: *Single Family Residence ‐ Complete Inspection Including Structure, Systems and Grounds **Condominium/Townhome/Villa ‐ Inspection of Individual Unit Including Interior Systems only. The undersigned (CLIENT) hereby warrants that arrangements have been made and all needed permission obtained to allow HomeSpec Certified Inspections, Inc. personnel to enter and inspect the subject property listed above, in accordance with the conditions and limitations set forth below and those located in the “Standards of Practice” (http://www.homespecfl.com/agreements/sop/). A copy of the SOP will be linked to on the inspection contract page and is available for download. 1. INSPECTOR agrees to perform a limited visual inspection of the home/building and to provide CLIENT with a written web based report identifying the defects that INSPECTOR both observed and deemed material. The report is only supplementary to the seller’s disclosure. Additionally, the fee paid is for the physical inspection only and that HomeSpec Certified Inspections, Inc. retains all rights and copy rights of the written report of which we granted our client a copy for his information only. 2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the State of Florida, posted at www.flrules.org 2.1 Although INSPECTOR agrees to follow Florida’s Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. (a.) Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans. (b.) Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. (c.) Unless otherwise indicated below, Client understand that INSPECTOR WILL NOT be testing for Chinese Drywall. (d.) Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. (e.) Geological soil, wave action or hydrological stability, soil and earth measurements and stability, landslide, retaining walls, survey, engineer analysis, architectural, latent and concealed defects, seismic safety, code and zoning, underground utilities, fracking, sinkhole, flood plain certification, 3. The inspection and report are only for use of the CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchant ability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection. 4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. 5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing. 6. In the event of a dispute against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of adverse conditions within 14 days of discovery, and (2) Access to the premises. 7. Dispute Resolution; Binding Arbitration: Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be submitted for final and binding arbitration under the Rules and procedures of the American Arbitration Association. CLIENT agrees to pay all required filing fees. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any court of competent jurisdiction. 8. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action in negligence against INSPECTOR after two years from the date of the inspection. 9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on‐ site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If 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. 10. If CLIENT requests a re‐inspection, the re‐inspection is also subject to all the terms and conditions set forth in this Agreement. 11. This Agreement is not transferable or assignable. 12. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it 13. HomeSpec Certified Inspections, Inc. does not expressly or imply, warrant or guarantee its inspection, inspection report, or the condition of the subject property, in whole or in part. The CLIENT acknowledges understanding and agreement that the liability will be limited and restricted to the cost of this inspection and on that basis and in reliance on CLIENT’S understanding and agreement. 14. HomeSpec Certified Inspections, Inc. has encouraged the client to be present at the inspection and the CLIENT understands that participation is at the client's own risk and peril relative to personal injury or property damage. If electing to be absent, CLIENT accepts responsibility for any incomplete information or misunderstanding arising there from which may affect the value of the inspection. 15. CLIENT understands that HomeSpec Certified Inspections, Inc. does not inspect for compliance with building codes or regulations of any governmental or non‐governmental body or entity. The determination of the existence of potential design flaws, hidden defects, insect or other pest infestation, environmental hazards, and the adequacy of well and septic systems are specifically excluded from this inspection. This property was not inspected for any fungi and no opinion on health related effects or indoor air quality is provided r rendered by this report. 16. CLIENT understands that this inspection is only a guide to use as part of the client's own evaluation of the overall condition of the property. It is essentially a visual examination of readily accessible areas, it could be limited by weather conditions, and that excavation, lifting of floor coverings, opening walls or ceilings, moving of furniture, personal, or stored items, disassembly of equipment, or other potentially damaging or dangerous procedures will not be performed. 17. CLIENT also understands that any inspection cannot be exhaustive, that it may in part rely on the random sample of some items, that every component cannot be examined, nor every defect identified. 18. The integrity and moisture content of framing, sheathing and older exterior finishes that have been encapsulated by finished coverings such as exterior siding (wood, metal and vinyl), cement stone coverings, fiber cement siding, etc. is not visible to inspect and beyond the scope of a home inspection. The lack of proper installation techniques when using these cladding materials may result in water entrapment within the wall system which can result in fungal activity/wood rot, activity by wood destroying pests and possible structural damage. Determining whether or not proper installation techniques were used would often require destructive testing, which is not permitted during a limited pre‐purchase home inspection. INSPECTOR makes no guarantee or warranty as to the condition of these hidden materials. 19. Opinions expressed regarding adequacy, capacity, or expected life of components are general estimates derived from similar components and wide variations from actual experience are not uncommon. The CLIENT is advised to consult further with an appropriate specialist on any item noted in need of repair, replacement, or further evaluation. 20. The liability of HomeSpec Certified Inspections, Inc. is strictly limited to the cost of this inspection. – 21. The CLIENT agrees that HomeSpec Certified Inspections, Inc. will assume no liability 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. 22. HomeSpec Certified Inspections, Inc. also has the right to view the alleged claim prior to any remedies being performed. In the event of any legal action by CLIENT against HomeSpec Certified Inspections, Inc., to recover damages or for remedy, any legal action in which HomeSpec Certified Inspections, Inc. prevails, whether by dismissal or adjudication on the merits, CLIENT shall pay all reasonable costs and attorney's fees material to said action or suit incurred by or on behalf of HomeSpec Certified Inspections, Inc. 23. If CLIENT pays for the above referenced services by check and Client’s check is returned NSF (non‐sufficient funds), client can be held accountable for up to three times the amount of the check as per Florida law. 24. Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Florida. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. CLIENT agrees to pay any filing fees. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. 25. Attorneys Fees: In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom. 26. Non-Waiver: The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 27. This contract agreement will remain enforced for this and all future inspection services of any kind for this referenced buyer/borrower and property. 28. The Client agrees to allow HomeSpec to release the inspection report to the CLIENTS realtor unless otherwise told not to release the report. The request must be in writing prior to the report being generated. 29. HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR or his employees or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home. ****Cancellations with less than 48 hours’ notice will be billed in full Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind. Chinese Drywall Inspection Notes. Please read carefully if a Chinese drywall inspection is requested. Chinese Drywall Visual Screening Agreement: 1. This agreement between CLIENT and INSPECTOR, to perform a VISUAL NON‐DESTRUCTIVE threshold inspection for the presence of defective Chinese drywall. The purpose of this inspection is to inspect your home or building for issues and evidence of the affects related to the presence of defective Chinese drywall. 2. Scope of work: Visual inspection of air conditioning coils in air handling unit, Visual inspections of exposed copper wiring in electrical outlets and panel, and Visual inspection of metal plumbing fixtures and valves. 3. This is a visual non‐destructive inspection making it impossible to determine that your home or building is completely free of defective Chinese drywall or to determine exactly how much defective Chinese drywall is present. 4. If any indicators are found or if the CLIENT requires the need for a more definitive inspection, the CLIENT acknowledges they will be recommended to a next level inspection. 5. CLIENT acknowledges unless prior arrangements have been made, this inspection is a separate inspection, independent of, a home inspection and the inspection fee is separate and independent as well. Radon Testing If Radon testing is ordered the following applies: 1. We or our subcontractor will test for radon at the property to measure the radon level in the air by the use of an approved continuous monitoring device provided by Radalink, Inc. This will require a minimum of 48 hours, but may take longer. We will then submit the test results to Radalink, Inc. who will then provide you with a report via the email address you provide in this contract. 2. Radon is a colorless, odorless, radioactive gas that may be harmful to humans. The amount of radon in the air is measured in picocuries of radon gas per liter of air, or “pCi/L.” While any radon exposure creates some risk to health, the EPA considers a level of 4 pCi/L or higher dangerous and recommends that you take remedial measures to reduce or eliminate radon. 3. This Agreement is for testing only. We are not responsible for correcting or mitigating radon issues. 4. Radalink’s report is only supplementary to the seller’s disclosure. 5. Unless otherwise inconsistent with this Agreement or not possible, we will perform the radon inspection in accordance with current industry standards. 6. Our report is for your use. You grant us permission to discuss our observations and test results with real estate agents, owners, repairpersons, and other interested parties. We are not liable for use or misinterpretation by third parties. 7. Our inspection and report are not a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the property. We expressly disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, to the fullest extent allowed by law. 8. We are not liable for any errors the laboratory makes. 9. You will comply with our instructions for the proper testing, detection and analysis of radon gas levels in the property. We are not liable for any negligence or other interference that you or any other person cause. 10. This Agreement is for radon testing only. If you want us to perform any other type of testing, you will sign a separate inspection agreement for that. 11. You agree that our liability (and that of our agents, employees, etc.) for claims arising out of this Agreement shall be limited to liquidated damages in an amount equal to the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the property. You acknowledge that the liquidated damages are not intended as a penalty but are intended to: (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk among us; and (iii) enable us to perform the inspection at the stated fee. 12. If you are the property owner, you understand that, as part of our radon testing, we or our subcontractor will leave certain equipment in your residence. If the equipment is lost, stolen, damaged, or destroyed while in your residence, you agree to pay us or our subcontractor for the cost to replace the equipment with identical new equipment. You understand that in that situation, it would take time for to obtain new equipment and that without the equipment, we or our subcontractor will be unable to engage in radon testing and will therefore be losing income. You agree that in this situation, you will pay us or our subcontractor $ _100___ per day as liquidated damages for that lost income, in addition to the cost of replacing the equipment. 13. If you believe you have a claim against us, you will supply us with the following within seven days of discovering your claim: (i) written notice of the claim in sufficient detail and with sufficient supporting documents that we can intelligently evaluate it; and (ii) access to the premises. Failure to comply with these conditions is a bar to any claim or lawsuit and releases us from any liability. 14. The exclusive venue for any action arising out of this Agreement shall be in the county where we have our principal place of business. In any such action, you waive trial by jury. In any such action, the court must award the prevailing party attorney’s fees and costs. You understand that any legal action against InterNACHI itself allegedly arising out of this Agreement or our relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. In any such action against InterNACHI, you waive trial by jury and agree that the court must award the prevailing party attorney’s fees and costs. 15. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents our entire agreement between the parties. All prior communications are merged into this Agreement. There are no terms or promises other than those in this Agreement. No statement or promise allegedly made after the execution of this Agreement shall be binding unless reduced to writing and signed by us. Any modification to this Agreement must be in a writing signed by you and us. This Agreement binds the successors of the parties. 16. You will have no cause of action against us after one year from the date of the inspection Mold Testing If Mold testing is ordered the following applies: 1. Purpose: The purpose of the inspection is to attempt to detect the presence of mold by performing a visual inspection of the property and collecting samples to be analyzed by a laboratory. 2. Scope: The scope of the inspection is limited to the readily accessible areas of the property and is based on the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected. Mold can exist in inaccessible areas such as behind walls and under carpeting. Furthermore, mold grows. As such, the report is not a guarantee that mold does or does not exist. The report is only indicative of the presence or absence of mold. As a courtesy the HOMESPEC CERTIFIED INSPECTIONS, INC. may point out conditions that contribute to mold growth but such comments are not part of the bargained for report. 3. Report: The CLIENT will be provided with a written report of HomeSpec’s visual observations and copies of the results of the laboratory analysis of the samples collected. The HOMESPEC CERTIFIED INSPECTIONS, INC.is not able to determine the extent or type of microbial contamination from visual observations alone. The report will be issued only after the laboratory analysis is completed. The report is not intended to comply with any legal obligations to disclosure. 4. Exclusivity: The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the HOMESPEC CERTIFIED INSPECTIONS, INC. has no obligation or duty to any other party. HOMESPEC CERTIFIED INSPECTIONS, INC. accepts no responsibility for use by third parties. There are no third party beneficiaries to this agreement. This Agreement is not transferable or assignable. Notwithstanding the foregoing, the CLIENT understands that the HOMESPEC CERTIFIED INSPECTIONS, INC. may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern. 5. Limitation of Liability: It is understood the HOMESPEC CERTIFIED INSPECTIONS, INC. and the laboratory are not insurers and that the inspection, laboratory analysis and report shall not be construed as a guarantee or warranty of any kind. The CLIENT agrees to hold the HOMESPEC CERTIFIED INSPECTIONS, INC. and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection. 6. Limitations Period: Any legal action arising out of this Agreement or its subject matter must be commenced within one year from the date of the Inspection or it shall be forever barred. The CLIENT understands that this limitation period may be shorter than the statute of limitations that would otherwise apply. 7. Litigation: The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the HOMESPEC CERTIFIED INSPECTIONS, INC. has its principal place of business. If HOMESPEC CERTIFIED INSPECTIONS, INC.is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorney’s fees of the HOMESPEC CERTIFIED INSPECTIONS, INC.in defending said claims. The CLIENT further agrees that the International Association of Certified Home Inspectors, Inc. (“Association”) is not a party to this Agreement, and any action against it or its officers, agents or employees allegedly arising out of this Agreement or INSPECTION COMPANY’s relationship with the Association must be brought only in the District Court of Boulder County, Colorado. If the Association substantially prevails in any such action, the CLIENT shall pay all legal costs, expenses and attorney’s fees of the Association in defending said claims. 8. Severability: If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect. 9. Entire Agreement: This Agreement represents the entire agreement between the PARTIES. No statement or promise made by the HOMESPEC CERTIFIED INSPECTIONS, INC. or its respective officers, agents or employees shall be binding. Water Testing If water testing is ordered the following applies: HomeSpec Certified Inspections, Inc. shall deliver the test samples to a recognized laboratory. The Client will have the results of the lab testing provided to then via the email address provided in the contract. Results can take between 4 and 5 business days. Client understands that water may contain thousands of different biological and chemical contaminants, and that the laboratory will only test for those contaminants specifically ordered by the client. Client further understands that the results represent a “snapshot” of the presence of the specified contaminants in the water sample(s) at the time the sample(s) is collected, and that laboratory results do not necessarily reflect the amount of contaminants that may be present in the future. The EPA recommends periodic water testing. Go to EPA wed sites for information on water testing schedules. The Water Test is conducted according to the instructions from the laboratory, Your Inspector is a generalist and is not acting as certified water testing lab technician or licensed engineer. HomeSpec Certified Inspections, Inc. and its inspectors assume no liability for laboratory errors or delays. I, the undersigned (CLIENT) have signed this document under no duress of any kind and understand all implications of this agreement.
Client Has Carefully Read The Above, Agrees To It, And Acknowledges Receipt Of A Copy Of This Agreement*
Check the box to signify that you have read the contract terms.
- Click To Endorse
IP Address*
Client Signature*
Typing your name here is a legal signature

Inspection Authorization and Terms, dated*
The day this document is considered complete.
Between this Inspector and*
First name Last Name
Client E-mail Address*
This is where the inspection report will be sent when completed.
Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
Type your name here to acknowledge you have been informed of the inspector's Standard Operating Procedures set forth by InterNACHI. And the client further acknowledges they have been shown a copy of the inspector's Florida License.
To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
(hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows: 1. INSPECTOR agrees to perform a visual inspection of the home/building in accordance with InterNACHI standards and limited to the items required on the Citizens OIR-B1-1802 Wind Mitigation Inspection Report. The inspection scope is limited to the OIR-B1_1802 inspections items only and will not include any inspections of any systems or structures of the building or grounds. 2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at http://www.nachi.org/sop.htm. Although INSPECTOR agrees to follow InterNACHI’s Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise indicated below, Client understands that INSPECTOR WILL NOT be testing for Chinese Drywall. Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. 3. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. 4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. 5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing. 6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR 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 INSPECTOR and its agents from any and all obligations or liability of any kind. 7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. 8. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection. 9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If 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. 10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. 11. This Agreement is not transferable or assignable. 12. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it. ****Cancellations with less than 48 hours notice will be billed in full
Client Has Carefully Read The Above, Agrees To It, And Acknowledges Receipt Of A Copy Of This Agreement*
Check the box to signify that you have read the contract terms.
- Click To Endorse
IP Address*
Client Signature*
Typing your name here is a legal signature

Inspection Authorization and Terms, dated*
The day this document is considered complete.
Between this Inspector and*
First name Last Name
Client E-mail Address*
This is where the inspection report will be sent when completed.
Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
Type your name here to acknowledge you have been informed of the inspector's Standard Operating Procedures set forth by InterNACHI. And the client further acknowledges they have been shown a copy of the inspector's Florida License.
To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
(hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows: 1. The INSPECTOR will perform a visual inspection in accordance with the items and guideline contained in the insurance form Citizens Property Insurance Corporation 4 point Inspection-Personal Line Edition 9/2012 and will not perform inspection of any item, structure or system outside the boundaries of the Citizens 4 Point Form. The Client understands that a 4 point inspection is for the express purpose of gathering limited information of the property to obtain insurance and is not a home inspection and is NOT conducted within the guide lines or detail of a home inspection and further should not be used in place of a home inspection. The Client understands a four point inspection is not a home inspection and is limited to a very limited inspection of the roof, electrical system, plumbing system and HVAC system of a home or condo. The Client understands a four point inspection will not and can not replace a comprehensive home inspection and is limited in scope and detail. 2. Unless otherwise inconsistent with this Agreement or not possible, The Client understands no Standards of Practice, SOP, exists for a 4 point inspection. The Florida SOP is expressly for a home inspection and the client understands that a 4 point inspection is not a home inspection in scope or intention and is limited in nature and design. The CLIENT understands the information gathered is limited to the what is needed to fill out the the 4 point inspection form and no more. The Client understands a 4 Point Inspection is solely for gathering limited information to obtain insurance and is in no way intended to replace, replicate or in any way be conducted to the standards of a home inspection. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise indicated below, Client understand that INSPECTOR WILL NOT be testing for Chinese Drywall. Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. 3. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection. 4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. 5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing. 6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR 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 INSPECTOR and its agents from any and all obligations or liability of any kind. 7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR’s relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury. 8. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection. 9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If 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. 10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. 11. This Agreement is not transferable or assignable. 12. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it. ****Cancellations with less than 48 hours notice will be billed in full The undersigned (Client) hereby warrants that arrangements have been made and all needed permission obtained to allow HomeSpec Certified Inspections, Inc. personnel to enter and inspect the subject property listed above, in accordance with the conditions and limitations set forth below and those located in the “Standards of Practice” . The link of such being on the front page of HomeSpec's website, www.sarasotahomeinspector.biz. 1. HomeSpec has encouraged the client to be present at the inspection and the client understands that participation is at the client's own risk and peril relative to personal injury or property damage. If electing to be absent, client accepts responsibility for any incomplete information or misunderstanding arising there from which may affect the value of the inspection. 2. HomeSpec Certified Inspections, Inc. does not expressly or imply, warrant or guarantee its inspection, inspection report, or the condition of the subject property, in whole or in part. The client acknowledges understanding and agreement that the liability will be limited and restricted to the cost of this inspection and on that basis and in reliance on client's understanding and agreement, 3. HomeSpec Certified Inspections, Inc. expresses no opinion on the condition of this property beyond what is set forth in its written Inspection Report. 4. Client understands that HomeSpec Certified Inspections, Inc. does not inspect for compliance with building codes or regulations of any governmental or non-governmental body or entity. The determination of the existence of potential design flaws, hidden defects, insect or other pest infestation, environmental hazards, and the adequacy of well and septic systems are specifically excluded from this inspection.This property was not inspected for any fungi and no opinion on health related effects or indoor air quality is provided r rendered by this report. 5. Opinions expressed regarding adequacy, capacity, or expected life of components are general estimates derived from similar components and wide variations from actual experience are not uncommon. The client is advised to consult further with an appropriate specialist on any item noted in need of repair, replacement, or further evaluation. 6. The liability of HomeSpec Certified Inspections, Inc. is strictly limited to the cost of this inspection. 7. The client agrees that HomeSpec Certified Inspections, Inc. will assume no liability 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. 8. The HomeSpec Certified Inspections, Inc. also has the right to view the alleged claim prior to any remedies being performed.In the event of any legal action by client against HomeSpec Certified Inspections, Inc., to recover damages or for remedy, any legal action in which HomeSpec Certified Inspections, Inc. prevails, whether by dismissal or adjudication on the merits, client shall pay all reasonable costs and attorney's fees material to said actionor suit incurred by or on behalf of HomeSpec Certified Inspections, Inc. If Client pays for the above referenced services by check and Clients check is returned NSF (non-sufficient funds), client can be held accountable for up to three times the amount of the check as per Florida law. I, the undersigned (Client) have signed this document under no duress of any kind and understand all implications of this agreement.
Client Has Carefully Read The Above, Agrees To It, And Acknowledges Receipt Of A Copy Of This Agreement*
Check the box to signify that you have read the contract terms.
- Click To Endorse
IP Address*
Client Signature*
Typing your name here is a legal signature

Inspection Authorization and Terms, dated*
The day this document is considered complete.
Between this Inspector and*
First name Last Name
Client E-mail Address*
This is where the inspection report will be sent when completed.
Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
Type your name here to acknowledge you have been informed of the inspector's Standard Operating Procedures set forth by InterNACHI. And the client further acknowledges they have been shown a copy of the inspector's Florida License.
To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
(hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows: 1. The INSPECTOR will perform a visual inspection in accordance with the items and guideline contained in the insurance form Citizens Property Insurance Corporation 4 point Inspection-Personal Line Edition 9/2012 and will not perform inspection of any item, structure or system outside the boundaries of the Citizens 4 Point Form. The Client understands that a 4 point inspection is for the express purpose of gathering limited information of the property to obtain insurance and is not a home inspection and is NOT conducted within the guide lines or detail of a home inspection and further should not be used in place of a home inspection. The Client understands a four point inspection is not a home inspection and is limited to a very limited inspection of the roof, electrical system, plumbing system and HVAC system of a home or condo. The Client understands a four point inspection will not and can not replace a comprehensive home inspection and is limited in scope and detail. 1. a. The INSPECTOR agrees to perform a visual inspection of the home/building in accordance with InterNACHI standards and limited to the items required on the Citizens OIR-B1-1802 Wind Mitigation Inspection Report. The inspection scope is limited to the OIR-B1_1802 inspections items only and will not include any inspections of any systems or structures of the building or grounds. 2. Unless otherwise inconsistent with this Agreement or not possible, The Client understands no Standards of Practice, SOP, exists for a 4 point inspection. The Florida SOP is expressly for a home inspection and the client understands that a 4 point inspection is not a home inspection in scope or intention and is limited in nature and design. The CLIENT understands the information gathered is limited to the what is needed to fill out the the 4 point inspection form and no more. The Client understands a 4 Point Inspection is solely for gathering limited information to obtain insurance and is in no way intended to replace, replicate or in any way be conducted to the standards of a home inspection. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise indicated below, Client understand that INSPECTOR WILL NOT be testing for Chinese Drywall. Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. 3. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection. 4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. 5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing. 6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR 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 INSPECTOR and its agents from any and all obligations or liability of any kind. 7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR’s relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury. 8. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection. 9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If 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. 10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. 11. This Agreement is not transferable or assignable. 12. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it. ****Cancellations with less than 48 hours notice will be billed in full The undersigned (Client) hereby warrants that arrangements have been made and all needed permission obtained to allow HomeSpec Certified Inspections, Inc. personnel to enter and inspect the subject property listed above, in accordance with the conditions and limitations set forth below and those located in the “Standards of Practice” . The link of such being on the front page of HomeSpec's website, www.sarasotahomeinspector.biz. 1. HomeSpec has encouraged the client to be present at the inspection and the client understands that participation is at the client's own risk and peril relative to personal injury or property damage. If electing to be absent, client accepts responsibility for any incomplete information or misunderstanding arising there from which may affect the value of the inspection. 2. HomeSpec Certified Inspections, Inc. does not expressly or imply, warrant or guarantee its inspection, inspection report, or the condition of the subject property, in whole or in part. The client acknowledges understanding and agreement that the liability will be limited and restricted to the cost of this inspection and on that basis and in reliance on client's understanding and agreement, 3. HomeSpec Certified Inspections, Inc. expresses no opinion on the condition of this property beyond what is set forth in its written Inspection Report. 4. Client understands that HomeSpec Certified Inspections, Inc. does not inspect for compliance with building codes or regulations of any governmental or non-governmental body or entity. The determination of the existence of potential design flaws, hidden defects, insect or other pest infestation, environmental hazards, and the adequacy of well and septic systems are specifically excluded from this inspection.This property was not inspected for any fungi and no opinion on health related effects or indoor air quality is provided r rendered by this report. 5. Opinions expressed regarding adequacy, capacity, or expected life of components are general estimates derived from similar components and wide variations from actual experience are not uncommon. The client is advised to consult further with an appropriate specialist on any item noted in need of repair, replacement, or further evaluation. 6. The liability of HomeSpec Certified Inspections, Inc. is strictly limited to the cost of this inspection. 7. The client agrees that HomeSpec Certified Inspections, Inc. will assume no liability 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. 8. The HomeSpec Certified Inspections, Inc. also has the right to view the alleged claim prior to any remedies being performed.In the event of any legal action by client against HomeSpec Certified Inspections, Inc., to recover damages or for remedy, any legal action in which HomeSpec Certified Inspections, Inc. prevails, whether by dismissal or adjudication on the merits, client shall pay all reasonable costs and attorney's fees material to said actionor suit incurred by or on behalf of HomeSpec Certified Inspections, Inc. If Client pays for the above referenced services by check and Clients check is returned NSF (non-sufficient funds), client can be held accountable for up to three times the amount of the check as per Florida law. I, the undersigned (Client) have signed this document under no duress of any kind and understand all implications of this agreement.
Client Has Carefully Read The Above, Agrees To It, And Acknowledges Receipt Of A Copy Of This Agreement*
Check the box to signify that you have read the contract terms.
- Click To Endorse
IP Address*
Client Signature*
Typing your name here is a legal signature

Inspection Authorization and Terms, dated*
The day this document is considered complete.
Between this Inspector and*
First name Last Name
Client E-mail Address*
This is where the inspection report will be sent when completed.
Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
Type your name here to acknowledge you have been informed of the inspector's Standard Operating Procedures set forth by InterNACHI. And the client further acknowledges they have been shown a copy of the inspector's Florida License.
To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
(hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows: 1. INSPECTOR agrees to perform a visual inspection of the home/building as the construction of said building is conducted, throughout the building process and until requested by the client in writing to discontinue the inspections. Inspector agrees to provide CLIENT with a written web based report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained- for report. The report is only supplementary to the seller’s disclosure. 2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at http://www.nachi.org/sop.htm. Although INSPECTOR agrees to follow InterNACHI’s Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise indicated below, Client understands that INSPECTOR WILL NOT be testing for Chinese Drywall. Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. 3. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. 4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. 5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing. 6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR 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 INSPECTOR and its agents from any and all obligations or liability of any kind. 7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. 8. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection. 9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If 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. 10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. 11. This Agreement is not transferable or assignable. 12. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it. ****Cancellations with less than 48 hours notice will be billed in full If Client pays for the above referenced services by check and Clients check is returned NSF (non-sufficient funds), client can be held accountable for up to three times the amount of the check as per Florida law. I, the undersigned (Client) have signed this document under no duress of any kind and understand all implications of this agreement
Client Has Carefully Read The Above, Agrees To It, And Acknowledges Receipt Of A Copy Of This Agreement*
Check the box to signify that you have read the contract terms.
- Click To Endorse
IP Address*
Client Signature*
Typing your name here is a legal signature

Inspection Authorization and Terms, dated*
The day this document is considered complete.
Between this Inspector and*
First name Last Name
Client E-mail Address*
This is where the inspection report will be sent when completed.
Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
Type your name here to acknowledge you have been informed of the inspector's Standard Operating Procedures set forth by InterNACHI. And the client further acknowledges they have been shown a copy of the inspector's Florida License.
To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
This Agreement Limits Our Liability. Please Read It Carefully and Ask About Anything You Do Not Understand. THIS AGREEMENT made between HomeSpec Certified Inspections, Inc. (hereinafter "INSPECTOR") and the undersigned (hereinafter "CLIENT"), collectively referred to herein as "the parties." The Parties Understand and Voluntarily Agree as follows: SCOPE OF THE POOL AND OR SPA INSPECTION The inspection to be performed for the Client is a non-invasive physical examination. This inspection is for the express purpose of inspection during the construction/installation of the pool system. This inspection is designed to identify material defects in the components of the swimming pool and or spa of the subject primary dwelling as they exist at the time of the inspection. The inspection shall be limited to those specific systems and components that are present and visually accessible. Inspector’s agreement to increase the scope of this inspection as set forth in this addendum shall not be deemed a waiver or an increase of any legal or contractual duty or obligation of the Inspector 1. Mechanical systems including pumps, motors, heaters, filtration components. 2. Exposed plumbing, lighting and electrical and steel. 3. Exposed decking and coping surrounding the pool/spa. 4. Remote control devices, if any. 5. Barrier fencing, installed door alarms and gates. LIMITATIONS, EXCEPTIONS AND EXCLUSIONS Excluded from the pool/spa inspection is any system, structure, or component of the pool and/or spa which is inaccessible, concealed from view, or cannot be inspected due to circumstances beyond the control of Inspector, or which Client has agreed is not to be inspected. Unless specifically agreed otherwise between the Inspector and Client, the following are excluded from the inspection: 1. Leak detection of visible and non-visible plumbing. 2. Chemical and water treatment systems, including the chemical conditions of the water in the pool/spa. 3. Projections of life expectancy or future performance of any equipment, system, structure or component. 4. Determining compliance with installation guidelines, regulations, covenants, or other restrictions, including, local interpretations thereof. 5. All other Limitations, Exceptions, Exclusions as set forth in the Standard Inspection Agreement. 6. All Diving boards. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at http://www.nachi.org/sop.htm. Although INSPECTOR agrees to follow InterNACHI’s Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that InterNACHI is not a party to this Agreement and has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR. Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR 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 INSPECTOR and its agents from any and all obligations or liability of any kind. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR’s relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection. Payment of the fee to INSPECTOR is due upon acceptance of this contract. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If 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. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. This Agreement is not transferable or assignable. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it. I have read and agree to the Limitations, Exceptions & Exclusions:
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Inspection Authorization and Terms, dated*
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Client acknowledges the inspector's license and SOP have been provided to them.*
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To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
This is an Agreement between you, the (property owner) (prospective buyer), and us for radon testing at the property described below. 1. We or our subcontractor will test for radon at the property to measure the radon level in the air by the use of an approved continuous monitoring device provided by Radalink, Inc. This will require a minimum of 48 hours, but may take longer. We will then submit the test results to Radalink, Inc. who will then provide you with a report via the email address you provide in this contract. 2. Radon is a colorless, odorless, radioactive gas that may be harmful to humans. The amount of radon in the air is measured in picocuries of radon gas per liter of air, or “pCi/L.” While any radon exposure creates some risk to health, the EPA considers a level of 4 pCi/L or higher dangerous and recommends that you take remedial measures to reduce or eliminate radon. 3. This Agreement is for testing only. We are not responsible for correcting or mitigating radon issues. 4. Radalink’s report is only supplementary to the seller’s disclosure. 5. Unless otherwise inconsistent with this Agreement or not possible, we will perform the radon inspection in accordance with current industry standards. 6. Our report is for your use. You grant us permission to discuss our observations and test results with real estate agents, owners, repairpersons, and other interested parties. We are not liable for use or misinterpretation by third parties. 7. Our inspection and report are not a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the property. We expressly disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, to the fullest extent allowed by law. 8. We are not liable for any errors the laboratory makes. 9. You will comply with our instructions for the proper testing, detection and analysis of radon gas levels in the property. We are not liable for any negligence or other interference that you or any other person cause. 10. This Agreement is for radon testing only. If you want us to perform any other type of testing, you will sign a separate inspection agreement for that. 11. You agree that our liability (and that of our agents, employees, etc.) for claims arising out of this Agreement shall be limited to liquidated damages in an amount equal to the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the property. You acknowledge that the liquidated damages are not intended as a penalty but are intended to: (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk among us; and (iii) enable us to perform the inspection at the stated fee. 12. If you are the property owner, you understand that, as part of our radon testing, we or our subcontractor will leave certain equipment in your residence. If the equipment is lost, stolen, damaged, or destroyed while in your residence, you agree to pay us or our subcontractor for the cost to replace the equipment with identical new equipment. You understand that in that situation, it would take time for to obtain new equipment and that without the equipment, we or our subcontractor will be unable to engage in radon testing and will therefore be losing income. You agree that in this situation, you will pay us or our subcontractor $ _100___ per day as liquidated damages for that lost income, in addition to the cost of replacing the equipment. 13. If you believe you have a claim against us, you will supply us with the following within seven days of discovering your claim: (i) written notice of the claim in sufficient detail and with sufficient supporting documents that we can intelligently evaluate it; and (ii) access to the premises. Failure to comply with these conditions is a bar to any claim or lawsuit and releases us from any liability. 14. The exclusive venue for any action arising out of this Agreement shall be in the county where we have our principal place of business. In any such action, you waive trial by jury. In any such action, the court must award the prevailing party attorney’s fees and costs. You understand that any legal action against InterNACHI itself allegedly arising out of this Agreement or our relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. In any such action against InterNACHI, you waive trial by jury and agree that the court must award the prevailing party attorney’s fees and costs. 15. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents our entire agreement between the parties. All prior communications are merged into this Agreement. There are no terms or promises other than those in this Agreement. No statement or promise allegedly made after the execution of this Agreement shall be binding unless reduced to writing and signed by us. Any modification to this Agreement must be in a writing signed by you and us. This Agreement binds the successors of the parties. 16. You will have no cause of action against us after one year from the date of the inspection. 17. If you are a corporation, LLC, or similar entity, the person signing this Agreement on behalf of the entity personally guarantees payment of the fee by the entity. I HAVE CAREFULLY READ THIS AGREEMENT AND I HAVE RECEIVED A COPY OF IT. I SIGN IT VOLUNTARY, FREE OF ANY DURESS.
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Inspection Authorization and Terms, dated*
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Between this Inspector and*
First name Last Name
Client E-mail Address*
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Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
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To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
1. Purpose: The purpose of the inspection is to attempt to detect the presence of mold by performing a visual inspection of the property and collecting samples to be analyzed by a laboratory. 2. Scope: The scope of the inspection is limited to the readily accessible areas of the property and is based on the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected. Mold can exist in inaccessible areas such as behind walls and under carpeting. Furthermore, mold grows. As such, the report is not a guarantee that mold does or does not exist. The report is only indicative of the presence or absence of mold. As a courtesy the HOMESPEC CERTIFIED INSPECTIONS, INC. may point out conditions that contribute to mold growth but such comments are not part of the bargained for report. 3. Report: The CLIENT will be provided with a written report of HomeSpec’s visual observations and copies of the results of the laboratory analysis of the samples collected. The HOMESPEC CERTIFIED INSPECTIONS, INC.is not able to determine the extent or type of microbial contamination from visual observations alone. The report will be issued only after the laboratory analysis is completed. The report is not intended to comply with any legal obligations to disclosure. 4. Exclusivity: The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the HOMESPEC CERTIFIED INSPECTIONS, INC. has no obligation or duty to any other party. HOMESPEC CERTIFIED INSPECTIONS, INC. accepts no responsibility for use by third parties. There are no third party beneficiaries to this agreement. This Agreement is not transferable or assignable. Notwithstanding the foregoing, the CLIENT understands that the HOMESPEC CERTIFIED INSPECTIONS, INC. may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern. 5. Limitation of Liability: It is understood the HOMESPEC CERTIFIED INSPECTIONS, INC. and the laboratory are not insurers and that the inspection, laboratory analysis and report shall not be construed as a guarantee or warranty of any kind. The CLIENT agrees to hold the HOMESPEC CERTIFIED INSPECTIONS, INC. and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection. 6. Limitations Period: Any legal action arising out of this Agreement or its subject matter must be commenced within one year from the date of the Inspection or it shall be forever barred. The CLIENT understands that this limitation period may be shorter than the statute of limitations that would otherwise apply. 7. Litigation: The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the HOMESPEC CERTIFIED INSPECTIONS, INC. has its principal place of business. If HOMESPEC CERTIFIED INSPECTIONS, INC.is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorney’s fees of the HOMESPEC CERTIFIED INSPECTIONS, INC.in defending said claims. The CLIENT further agrees that the International Association of Certified Home Inspectors, Inc. (“Association”) is not a party to this Agreement, and any action against it or its officers, agents or employees allegedly arising out of this Agreement or INSPECTION COMPANY’s relationship with the Association must be brought only in the District Court of Boulder County, Colorado. If the Association substantially prevails in any such action, the CLIENT shall pay all legal costs, expenses and attorney’s fees of the Association in defending said claims. 8. Severability: If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect. 9. Entire Agreement: This Agreement represents the entire agreement between the PARTIES. No statement or promise made by the HOMESPEC CERTIFIED INSPECTIONS, INC. or its respective officers, agents or employees shall be binding.
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Inspection Authorization and Terms, dated*
The day this document is considered complete.
Between this Inspector and*
First name Last Name
Client E-mail Address*
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Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
Type your name here to acknowledge you have been informed of the inspector's Standard Operating Procedures set forth by InterNACHI. And the client further acknowledges they have been shown a copy of the inspector's Florida License.
To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
HomeSpec Certified Inspections, Inc. shall deliver the test samples to a recognized laboratory. The Client will have the results of the lab testing provided to then via the email address provided in the contract. Results can take between 4 and 5 business days. Client understands that water may contain thousands of different biological and chemical contaminants, and that the laboratory will only test for those contaminants specifically ordered by the client. Client further understands that the results represent a “snapshot” of the presence of the specified contaminants in the water sample(s) at the time the sample(s) is collected, and that laboratory results do not necessarily reflect the amount of contaminants that may be present in the future. The EPA recommends periodic water testing. Go to EPA wed sites for information on water testing schedules. The Water Test is conducted according to the instructions from the laboratory, Your Inspector is a generalist and is not acting as certified water testing lab technician or licensed engineer. HomeSpec Certified Inspections, Inc. and its inspectors assume no liability for laboratory errors or delays.
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Inspection Authorization and Terms, dated*
The day this document is considered complete.
Between this Inspector and*
First name Last Name
Client E-mail Address*
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Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
Type your name here to acknowledge you have been informed of the inspector's Standard Operating Procedures set forth by InterNACHI. And the client further acknowledges they have been shown a copy of the inspector's Florida License.
To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
(hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows: The undersigned (CLIENT) hereby warrants that arrangements have been made and all needed permission obtained to allow HomeSpec Certified Inspections, Inc. personnel to enter and inspect the subject property listed above, in accordance with the conditions and limitations set forth below and those located in the Commercial Standards Of Practice which will be emailed as a separate attachment. 1. INSPECTOR agrees to perform a visual inspection of the commercial building, and to provide CLIENT with a written inspection report identifying the defects that INSPECTOR both observed and deemed material. Where accessible, INSPECTOR will view a representative sample of the building components covered under this inspection to be used in the preparation of the written inspection report. INSPECTOR will not test or otherwise analyze elements of the commercial building where destruction or dismantling of the particular element is required. The primary purpose of the inspection is to enhance the CLIENT’S information and knowledge about the commercial building to improve decision-making for buying, selling, maintaining or improving the property. As it may relate to this commercial building inspection, INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller’s disclosures. 2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with InterNACHI's International Standards of Practice for Inspecting Commercial Properties. Although INSPECTOR agrees to follow these Standards, CLIENT understands that these Standards contain certain limitations, exceptions and exclusions. CLIENT also understands that InterNACHI is not a party to this Agreement, and that InterNACHI has no control over INSPECTOR or representations made by INSPECTOR, and does not supervise INSPECTOR. As noted above, this commercial building inspection is visual only. In certain instances, INSPECTOR may engage or deploy certain mechanical or other systems in the commercial building for purposes of preparing the written inspection report. However, it is not possible to engage or deploy many systems in a commercial building, including fire-suppression systems, and, thus, determination of whether such systems are properly functioning or otherwise in need of repair, replacement or maintenance is beyond the scope of this basic commercial building inspection. The SCOPE OF WORK outlining the specific elements of the commercial building to be inspected by INSPECTOR under this Agreement is attached hereto and incorporated by reference as EXHIBIT A. Where noted in the written inspection report, INSPECTOR may recommend, and CLIENT acknowledges that such may be necessary, that CLIENT hire a professional engineer, or other qualified and licensed professional, to provide an independent inspection and analysis of certain elements that may be beyond the scope of this basic commercial building inspection. Unless otherwise indicated below, CLIENT understands that this basic commercial building inspection EXCLUDES compliance with applicable building codes, or testing for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, radon gas, soil contamination, and other environmental hazards or violations. 3. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. INSPECTOR’S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the commercial building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected pursuant to this Agreement is a log home, log structure or similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects that are not visible by an exterior visual inspection. 4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies, either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents and employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses, and payments arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the commercial building, even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty, but are intended: (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. 5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case s/he may inform the CLIENT that s/he is so licensed, and is therefore qualified to go beyond this basic commercial building inspection and, for additional fee, perform additional inspections beyond those within the scope of the basic commercial building inspection. Any agreement for such additional inspections shall be in a separate writing. 6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR 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 INSPECTOR and its agents from any and all obligations or liability of any kind. Additionally, if there is a dispute between INSPECTOR and any consultant or third party arising out of INSPECTOR'S inspection, CLIENT agrees to provide INSPECTOR with reasonable access to the premises upon request by the INSPECTOR. 7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. CLIENT further understands that any legal action against InterNACHI itself, allegedly arising out of this Agreement or INSPECTOR’S relationship with InterNACHI, must be brought only in the District Court of Boulder County, Colorado. 8. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection. 9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site, walk-through survey portion of the inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guarantee payment of the fee by the entity. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this Agreement. Thermal Imaging Addendum to Commercial Inspection Agreement Thermal imaging is a technology that allows the InterNACHI INSPECTOR to show you things about a building that no one can show you using other inspection methods. Thermal imaging produces images of invisible heat energy emitted from objects and systems in the building, and allows us to measure it. Thermal imaging helps to diagnose the problem rather than merely identify symptoms, and can sometimes, but not always, identify and document: electrical faults before they cause a fire; overloaded and undersized circuits; circuit breakers in need of immediate replacement; missing, damaged, and/or wet insulation; heat loss and air infiltration in walls, ceilings, floors, windows and doors; water and moisture intrusion that could lead to mold; possible pest infestation; hidden roof leaks before they cause serious damage; air-conditioner compressor leaks; under-fastening and/or missing framing members; structural defects; broken seals in double-pane windows; energy loss and efficiency; dangerous flue leaks; damaged and/or malfunctioning radiant heating systems; unknown plumbing leaks; and overheated equipment. These color images can then be included in the inspection report, providing supporting documentation to the report. A picture is worth a thousand words. 2. INSPECTOR’s liability for any damages allegedly arising out of any aspect of the thermal-imaging service shall be limited to the additional amount paid for the thermal-imaging scan. CLIENT voluntarily waives any claim for consequential, exemplary or incidental damages to the fullest extent allowed by law. 3. The thermal-imaging scan will be limited in scope to the equipment used by INSPECTOR. The inspection will be a non-invasive and non-destructive examination of the visible, safe and readily accessible portions of the interior and/or exterior of the structure for atypical temperature/thermal variations. NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT not LIMITED TO, WARRANTIES REGARDING FUTURE USE, HABITABILITY, OPERABILITY, SUITABILITY OR MERCHANTABILITY, WITH RESPECT TO THE SUBJECT PROPERTY, ARE PROVIDED. 4. Thermal-imaging services do not include any inspections, examinations, testing or evaluations for harmful, dangerous or toxic substances, materials or environmental hazards, including, but not limited to: mold; bio-aerosols; radon; lead; asbestos; non-biological airborne particulates; contaminants; petroleum products; petrochemicals; radioactive materials; electromagnetic radiation; or plant, animal or insect secretions or excretions. Infrared cameras are not moisture meters but can aid in identifying areas that warrant further investigation. If INSPECTOR offers any information or opinions about any of the foregoing, this information shall be deemed to be informational only and supplied as a courtesy to the CLIENT, and shall not be deemed to be an amendment to this Addendum or the Commercial Inspection Agreement. 5. CLIENT agrees to indemnify and hold harmless INSPECTOR, its agents, employees and inspectors for the presence of any harmful, dangerous or toxic substances or materials, or environmental hazards, including, but not limited to, those listed in Part 4 of this addendum, as well as for any and all damages and liability for any mitigation, construction, or any other costs associated with the presence of any such hazards, substances or materials. 6. If CLIENT desires to obtain information regarding the presence of any harmful, dangerous or toxic substances, materials or environmental hazards, including, but not limited to, those listed in Part 4 of this addendum, it is solely the responsibility of the CLIENT to contact and engage the services of qualified individuals or companies that specialize in the areas of specific interest or concern. 7. All of the other terms of the Commercial Inspection Agreement are incorporated herein by reference. EXHIBIT A The Roof A. the roof covering; B. for the presence of exposed membrane; C. slopes; D. for evidence of significant ponding; E. the gutters; F. the downspouts; G. the vents, flashings, skylights, chimney and other roof penetrations; H. the general structure of the roof from the readily accessible panels, doors or stairs; and I. for the need for repairs. The Exterior A. the siding, flashing and trim; B. all exterior doors, decks, stoops, steps, stairs, porches, railings, eaves, soffits and fasciae; C. and report as in need of repair any safety issues regarding intermediate balusters, spindles or rails for steps, stairways, balconies and railings; D. a representative number of windows; E. the vegetation, surface drainage, and retaining walls when these are likely to adversely affect the structure; F. the exterior for accessibility barriers; G. the storm water drainage system; H. the general topography; I. the parking areas; J. the sidewalks; K. exterior lighting; L. the landscaping; M. and determine that a 3-foot clear space exists around the circumference of fire hydrants; N. and describe the exterior wall covering Heating and Ventilation A. multiple gas meter installations, such as a building with multiple tenant spaces, and verify that each meter is clearly and permanently identified with the respective space supplied; B. the heating systems using normal operating controls, and describe the energy source and heating method; C. and report as in need of repair heating systems that do not operate; D. and report if the heating systems are deemed inaccessible; E. and verify that a permanent means of access, with permanent ladders and/or catwalks, are present for equipment and appliances on roofs higher than 16 feet; F. and verify the presence of level service platforms for appliances on roofs with a slope of 25% or greater; G. and verify that luminaire and receptacle outlets are provided at or near the appliance; H. and verify that the system piping appears to be sloped to permit the system to be drained; I. for connectors, tubing and piping that might be installed in a way that exposes them to physical damage; J. wood framing with cutting, notching or boring that might cause a structural or safety issue; K. pipe penetrations in concrete and masonry building elements to verify that they are sleeved; L. exposed gas piping for identification by a yellow label marked "Gas" in black letters occurring at intervals of 5 feet or less; M. and determine if any appliances or equipment with ignition sources are located in public, private, repair or parking garages or fuel-dispensing facilities; N. and verify that fuel-fired appliances are not located in or obtain combustion air from sleeping rooms, bathrooms, storage closets or surgical rooms; O. for the presence of exhaust systems in occupied areas where there is a likelihood of excess heat, odors, fumes, spray, gas, noxious gases or smoke; P. and verify that outdoor air-intake openings are located at least 10 feet away from any hazardous or noxious contaminant sources, such as vents, chimneys, plumbing vents, streets, alleys, parking lots or loading docks; Q. outdoor exhaust outlets for the likelihood that they may cause a public nuisance or fire hazard due to smoke, grease, gases, vapors or odors; R. for the potential of flooding or evidence of past flooding that could cause mold in ductwork or plenums; and S. condensate drains. Cooling I. The inspector should inspect: A. multiple air-conditioning compressor installations, such as a building with multiple tenant spaces, and verify that each compressor is clearly and permanently identified with the respective space supplied; B. the central cooling equipment using normal operating controls; C. and verify that luminaire and receptacle outlets are provided at or near the appliance; D. and verify that a permanent means of access, with permanent ladders and/or catwalks, are present for equipment and appliances on roofs higher than 16 feet; E. and verify the presence of level service platforms for appliances on roofs with a slope of 25% or greater; F. wood framing with cutting, notching or boring that might cause a structural or safety issue; G. pipe penetrations in concrete and masonry building elements to verify that they are sleeved; H. piping support; I. for connectors, tubing and piping that might be installed in a way that exposes them to physical damage; J. for the potential of flooding or evidence of past flooding that could cause mold in ductwork and plenums; and K. condensate drains. Plumbing A. and verify the presence of and identify the location of the main water shut-off valve to each building; B. and verify the presence of a back-flow prevention device if, in the inspector's opinion, a cross-connection could occur between the water-distribution system and non-potable water or private source; C. the water-heating equipment, including combustion air, venting, connections, energy-source supply systems, and seismic bracing, and verify the presence or absence of temperature-/pressure-relief valves and/or Watts 210 valves; D. and flush a representative number of toilets; E. and water-test a representative number of sinks, tubs and showers for functional drainage; F. and verify that hinged shower doors open outward from the shower, and have safety glass-conformance stickers or indicators; G. the interior water supply, including a representative number of fixtures and faucets; H. the drain, waste and vent systems, including a representative number of fixtures; I. and describe any visible fuel-storage systems; J. and test sump pumps with accessible floats; K. and describe the water supply, drain, waste and main fuel shut-off valves, as well as the location of the water main and main fuel shut-off valves; L. and determine whether the water supply is public or private; M. the water supply by viewing the functional flow in several fixtures operated simultaneously, and report any deficiencies as in need of repair; N. and report as in need of repair deficiencies in installation and identification of hot and cold faucets; O. and report as in need of repair mechanical drain stops that are missing or do not operate if installed in sinks, lavatories and tubs; P. and report as in need of repair commodes that have cracks in the ceramic material, are improperly mounted on the floor, leak, or have tank components that do not operate; and Q. piping support. Electrical A. the service drop/lateral; B. the meter socket enclosures; C. the service-entrance conductors, and report on any noted deterioration of the conductor insulation or cable sheath; D. the means for disconnecting the service main; E. the service-entrance equipment, and report on any noted physical damage, overheating or corrosion; F. and determine the rating of the service disconnect amperage, if labeled; G. panelboards and over-current devices, and report on any noted physical damage, overheating, corrosion, or lack of accessibility or working space (minimum 30 inches wide, 36 inches deep, and 78 inches high in front of panel) that would hamper safe operation, maintenance or inspection; H. and report on any unused circuit-breaker panel openings that are not filled; I. and report on absent or poor labeling; J. the service grounding and bonding; K. a representative number of switches, lighting fixtures and receptacles, including receptacles observed and deemed to be AFCI-protected using the AFCI test button, where possible. Although a visual inspection, the removal of faceplates or other covers or luminaires (fixtures) to identify suspected hazards is permitted; L. and report on any noted missing or damaged faceplates or box covers; M. and report on any noted open junction boxes or open wiring splices; N. and report on any noted switches and receptacles that are painted; O. and test all ground-fault circuit interrupter (GFCI) receptacles and GFCI circuit breakers observed and deemed to be GFCIs using a GFCI tester, where possible; P. and report the presence of solid-conductor aluminum branch-circuit wiring, if readily visible; Q. and report on any tested GFCI receptacles in which power was not present, polarity was incorrect, the cover was not in place, the GFCI devices were not installed properly or did not operate properly, any evidence of arcing or excessive heat, or where the receptacle was not grounded or was not secured to the wall; R. and report the absence of smoke detectors; S. and report on the presence of flexible cords being improperly used as substitutes for the fixed wiring of a structure or running through walls, ceilings, floors, doorways, windows, or under carpets. Doors, Windows and Interior A. open and close a representative number of doors and windows; B. inspect the walls, ceilings, steps, stairways and railings; C. inspect garage doors and garage door-openers; D. inspect interior steps, stairs and railings; E. inspect all loading docks; F. ride all elevators and escalators; G. and report as in need of repair any windows that are obviously fogged or display other evidence of broken seals. Life Safety A. inspect fire access roads and report on any obstructions or overhead wires lower than 13 feet and 6 inches; B. inspect the address or street number to determine whether it is visible from the street, with numbers in contrast to their background; C. inspect to determine whether a 3-foot clear space exists around the circumference of fire hydrants; D. verify that hinged shower doors open outward from the shower and have safety glass-conformance stickers or indicators; E. inspect to determine whether the storage of flammable and combustible materials is orderly, separated from heaters by distance or shielding so that ignition cannot occur, and not stored in exits, boiler rooms, mechanical rooms or electrical equipment rooms; F. inspect to determine whether a "No Smoking" sign is posted in areas where flammable or combustible material is stored, dispensed or used; G. inspect for the presence of fire alarm systems; H. inspect for alarm panel accessibility; I. inspect for the presence of portable extinguishers, and determine whether they are located in conspicuous and readily available locations immediately available for use, and not obstructed or obscured from view; J. inspect to determine whether a portable fire extinguisher is stored within a 30-foot travel distance of commercial-type cooking equipment that uses cooking oil or animal fat; K. inspect to determine whether manual-actuation devices for commercial cooking appliances exist near the means of egress from the cooking area, 42 to 48 inches above the floor and 10 and 20 feet away, and clearly identifying the hazards protected; L. inspect to determine whether the maximum travel distance to a fire extinguisher is 75 feet; M. inspect for the presence of sprinkler systems, and determine if they were ever painted other than at the factory; N. inspect for the presence of emergency lighting systems; O. inspect for exit signs at all exits, and inspect for independent power sources, such as batteries; P. inspect for the presence of directional signs where an exit location is not obvious; Q. inspect for the presence of signs over lockable exit doors stating: "This Door Must Remain Unlocked During Business Hours"; R. inspect for penetrations in any walls or ceilings that separate the exit corridors or stairwells from the rest of the building; S. inspect for fire-separation doors that appear to have been blocked or wedged open, or that do not automatically close and latch; T. inspect exit stairwell handrails; U. inspect for exit trip hazards; V. inspect for the presence of at least two exits to the outside, or one exit that has a maximum travel distance of 75 feet; W. inspect exit doorways to determine that they are less than 32 inches in clear width; X. inspect to determine whether the exit doors were locked from the inside, chained, bolted, barred, latched or otherwise rendered unusable at the time of the inspection; Y. inspect to determine whether the exit doors swing open in the direction of egress travel; and Z. inspect the storage to determine if it is potentially obstructing access to fire hydrants, fire extinguishers, alarm panels or electric panelboards, or if it is obstructing aisles, corridors, stairways or exit doors, or if it is within 18 inches of sprinkler heads, or if it is within 3 feet of heat-generating appliances or electrical panelboards CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
Client Has Carefully Read The Above, Agrees To It, And Acknowledges Receipt Of A Copy Of This Agreement*
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Inspection Authorization and Terms, dated*
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Client acknowledges the inspector's license and SOP have been provided to them.*
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To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
(hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows: *Single Family Residence ‐ Complete Inspection Including Structure, Systems and Grounds **Condominium/Townhome/Villa ‐ Inspection of Individual Unit Including Interior Systems only. The undersigned (CLIENT) hereby warrants that arrangements have been made and all needed permission obtained to allow HomeSpec Certified Inspections, Inc. personnel to enter and inspect the subject property listed above, in accordance with the conditions and limitations set forth below and those located in the “Standards of Practice” (http://www.homespecfl.com/agreements/sop/). A copy of the SOP will be linked to on the inspection contract page and is available for download. 1. This agreement between CLIENT and INSPECTOR, to perform a VISUAL NON-DESTRUCTIVE threshold inspection for the presence of defective Chinese drywall. The purpose of this inspection is to inspect your home or building for issues and evidence of the affects related to the presence of defective Chinese drywall. 2. Scope of work: Visual inspection of air conditioning coils in air handling unit, Visual inspections of exposed copper wiring in electrical outlets and panel, and Visual inspection of metal plumbing fixtures and valves. 3. This is a visual non-destructive inspection making it impossible to determine that your home or building is completely free of defective Chinese drywall or to determine exactly how much defective Chinese drywall is present. 4. If any indicators are found or if the CLIENT requires the need for a more definitive inspection, the CLIENT acknowledges they will be recommended to a next level inspection. 5. Client acknowledges unless prior arrangements have been made, this inspection is a separate inspection, independent of, a home inspection and the inspection fee is separate and independent as well. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise indicated below, Client understands that INSPECTOR WILL NOT be testing for Chinese Drywall. Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. 3. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. 4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. 5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing. 6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR 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 INSPECTOR and its agents from any and all obligations or liability of any kind. 7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. 8. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection. 9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If 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. 10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. 11. This Agreement is not transferable or assignable. 12. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it. I, the undersigned (CLIENT) have signed this document under no duress of any kind and understand all implications of this agreement.
Client Has Carefully Read The Above, Agrees To It, And Acknowledges Receipt Of A Copy Of This Agreement*
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Inspection Authorization and Terms, dated*
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Between this Inspector and*
First name Last Name
Client E-mail Address*
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Phone Number*
Client Address*
Street Apartment / Suite / Unit City State Zip Country
Client acknowledges the inspector's license and SOP have been provided to them.*
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To Inspect the Following Address*
Street Apartment / Suite / Unit City State Zip
The Parties Understand and Voluntarily Agree as follows:*
(hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows: *Single Family Residence ‐ Complete Inspection Including Structure, Systems and Grounds **Condominium/Townhome/Villa ‐ Inspection of Individual Unit Including Interior Systems only. The undersigned (CLIENT) hereby warrants that arrangements have been made and all needed permission obtained to allow HomeSpec Certified Inspections, Inc. personnel to enter and inspect the subject property listed above, in accordance with the conditions and limitations set forth below and those located in the “Standards of Practice” (http://www.homespecfl.com/agreements/sop/). A copy of the SOP will be linked to on the inspection contract page and is available for download. 1. INSPECTOR agrees to perform a limited visual inspection of the home/building and to provide CLIENT with a written web based report identifying the defects that INSPECTOR both observed and deemed material. The report is only supplementary to the seller’s disclosure. Additionally, the fee paid is for the physical inspection only and that HomeSpec Certified Inspections, Inc. retains all rights and copy rights of the written report of which we granted our client a copy for his information only. 2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the State of Florida, posted at www.flrules.org 2.1 Although INSPECTOR agrees to follow Florida’s Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. (a.) Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans. (b.) Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. (c.) Unless otherwise indicated below, Client understand that INSPECTOR WILL NOT be testing for Chinese Drywall. (d.) Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations. (e.) Geological soil, wave action or hydrological stability, soil and earth measurements and stability, landslide, retaining walls, survey, engineer analysis, architectural, latent and concealed defects, seismic safety, code and zoning, underground utilities, fracking, sinkhole, flood plain certification, 3. The inspection and report are only for use of the CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchant ability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection. 4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. 5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing. 6. In the event of a dispute against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of adverse conditions within 14 days of discovery, and (2) Access to the premises. 7. Dispute Resolution; Binding Arbitration: Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be submitted for final and binding arbitration under the Rules and procedures of the American Arbitration Association. CLIENT agrees to pay all required filing fees. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any court of competent jurisdiction. 8. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action in negligence against INSPECTOR after two years from the date of the inspection. 9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on‐ site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If 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. 10. If CLIENT requests a re‐inspection, the re‐inspection is also subject to all the terms and conditions set forth in this Agreement. 11. This Agreement is not transferable or assignable. 12. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it 13. HomeSpec Certified Inspections, Inc. does not expressly or imply, warrant or guarantee its inspection, inspection report, or the condition of the subject property, in whole or in part. The CLIENT acknowledges understanding and agreement that the liability will be limited and restricted to the cost of this inspection and on that basis and in reliance on CLIENT’S understanding and agreement. 14. HomeSpec Certified Inspections, Inc. has encouraged the client to be present at the inspection and the CLIENT understands that participation is at the client's own risk and peril relative to personal injury or property damage. If electing to be absent, CLIENT accepts responsibility for any incomplete information or misunderstanding arising there from which may affect the value of the inspection. 15. CLIENT understands that HomeSpec Certified Inspections, Inc. does not inspect for compliance with building codes or regulations of any governmental or non‐governmental body or entity. The determination of the existence of potential design flaws, hidden defects, insect or other pest infestation, environmental hazards, and the adequacy of well and septic systems are specifically excluded from this inspection. This property was not inspected for any fungi and no opinion on health related effects or indoor air quality is provided r rendered by this report. 16. CLIENT understands that this inspection is only a guide to use as part of the client's own evaluation of the overall condition of the property. It is essentially a visual examination of readily accessible areas, it could be limited by weather conditions, and that excavation, lifting of floor coverings, opening walls or ceilings, moving of furniture, personal, or stored items, disassembly of equipment, or other potentially damaging or dangerous procedures will not be performed. 17. CLIENT also understands that any inspection cannot be exhaustive, that it may in part rely on the random sample of some items, that every component cannot be examined, nor every defect identified. 18. The integrity and moisture content of framing, sheathing and older exterior finishes that have been encapsulated by finished coverings such as exterior siding (wood, metal and vinyl), cement stone coverings, fiber cement siding, etc. is not visible to inspect and beyond the scope of a home inspection. The lack of proper installation techniques when using these cladding materials may result in water entrapment within the wall system which can result in fungal activity/wood rot, activity by wood destroying pests and possible structural damage. Determining whether or not proper installation techniques were used would often require destructive testing, which is not permitted during a limited pre‐purchase home inspection. INSPECTOR makes no guarantee or warranty as to the condition of these hidden materials. 19. Opinions expressed regarding adequacy, capacity, or expected life of components are general estimates derived from similar components and wide variations from actual experience are not uncommon. The CLIENT is advised to consult further with an appropriate specialist on any item noted in need of repair, replacement, or further evaluation. 20. The liability of HomeSpec Certified Inspections, Inc. is strictly limited to the cost of this inspection. – 21. The CLIENT agrees that HomeSpec Certified Inspections, Inc. will assume no liability 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. 22. HomeSpec Certified Inspections, Inc. also has the right to view the alleged claim prior to any remedies being performed. In the event of any legal action by CLIENT against HomeSpec Certified Inspections, Inc., to recover damages or for remedy, any legal action in which HomeSpec Certified Inspections, Inc. prevails, whether by dismissal or adjudication on the merits, CLIENT shall pay all reasonable costs and attorney's fees material to said action or suit incurred by or on behalf of HomeSpec Certified Inspections, Inc. 23. If CLIENT pays for the above referenced services by check and Client’s check is returned NSF (non‐sufficient funds), client can be held accountable for up to three times the amount of the check as per Florida law. 24. Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Florida. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. CLIENT agrees to pay any filing fees. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. 25. Attorneys Fees: In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom. 26. Non-Waiver: The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 27. This contract agreement will remain enforced for this and all future inspection services of any kind for this referenced buyer/borrower and property. 28. The Client agrees to allow HomeSpec to release the inspection report to the CLIENTS realtor unless otherwise told not to release the report. The request must be in writing prior to the report being generated. 29. HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR or his employees or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home. ****Cancellations with less than 48 hours’ notice will be billed in full Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind. Chinese Drywall Inspection Notes. Please read carefully if a Chinese drywall inspection is requested. Chinese Drywall Visual Screening Agreement: 1. This agreement between CLIENT and INSPECTOR, to perform a VISUAL NON‐DESTRUCTIVE threshold inspection for the presence of defective Chinese drywall. The purpose of this inspection is to inspect your home or building for issues and evidence of the affects related to the presence of defective Chinese drywall. 2. Scope of work: Visual inspection of air conditioning coils in air handling unit, Visual inspections of exposed copper wiring in electrical outlets and panel, and Visual inspection of metal plumbing fixtures and valves. 3. This is a visual non‐destructive inspection making it impossible to determine that your home or building is completely free of defective Chinese drywall or to determine exactly how much defective Chinese drywall is present. 4. If any indicators are found or if the CLIENT requires the need for a more definitive inspection, the CLIENT acknowledges they will be recommended to a next level inspection. 5. CLIENT acknowledges unless prior arrangements have been made, this inspection is a separate inspection, independent of, a home inspection and the inspection fee is separate and independent as well. Radon Testing If Radon testing is ordered the following applies: 1. We or our subcontractor will test for radon at the property to measure the radon level in the air by the use of an approved continuous monitoring device provided by Radalink, Inc. This will require a minimum of 48 hours, but may take longer. We will then submit the test results to Radalink, Inc. who will then provide you with a report via the email address you provide in this contract. 2. Radon is a colorless, odorless, radioactive gas that may be harmful to humans. The amount of radon in the air is measured in picocuries of radon gas per liter of air, or “pCi/L.” While any radon exposure creates some risk to health, the EPA considers a level of 4 pCi/L or higher dangerous and recommends that you take remedial measures to reduce or eliminate radon. 3. This Agreement is for testing only. We are not responsible for correcting or mitigating radon issues. 4. Radalink’s report is only supplementary to the seller’s disclosure. 5. Unless otherwise inconsistent with this Agreement or not possible, we will perform the radon inspection in accordance with current industry standards. 6. Our report is for your use. You grant us permission to discuss our observations and test results with real estate agents, owners, repairpersons, and other interested parties. We are not liable for use or misinterpretation by third parties. 7. Our inspection and report are not a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the property. We expressly disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, to the fullest extent allowed by law. 8. We are not liable for any errors the laboratory makes. 9. You will comply with our instructions for the proper testing, detection and analysis of radon gas levels in the property. We are not liable for any negligence or other interference that you or any other person cause. 10. This Agreement is for radon testing only. If you want us to perform any other type of testing, you will sign a separate inspection agreement for that. 11. You agree that our liability (and that of our agents, employees, etc.) for claims arising out of this Agreement shall be limited to liquidated damages in an amount equal to the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the property. You acknowledge that the liquidated damages are not intended as a penalty but are intended to: (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk among us; and (iii) enable us to perform the inspection at the stated fee. 12. If you are the property owner, you understand that, as part of our radon testing, we or our subcontractor will leave certain equipment in your residence. If the equipment is lost, stolen, damaged, or destroyed while in your residence, you agree to pay us or our subcontractor for the cost to replace the equipment with identical new equipment. You understand that in that situation, it would take time for to obtain new equipment and that without the equipment, we or our subcontractor will be unable to engage in radon testing and will therefore be losing income. You agree that in this situation, you will pay us or our subcontractor $ _100___ per day as liquidated damages for that lost income, in addition to the cost of replacing the equipment. 13. If you believe you have a claim against us, you will supply us with the following within seven days of discovering your claim: (i) written notice of the claim in sufficient detail and with sufficient supporting documents that we can intelligently evaluate it; and (ii) access to the premises. Failure to comply with these conditions is a bar to any claim or lawsuit and releases us from any liability. 14. The exclusive venue for any action arising out of this Agreement shall be in the county where we have our principal place of business. In any such action, you waive trial by jury. In any such action, the court must award the prevailing party attorney’s fees and costs. You understand that any legal action against InterNACHI itself allegedly arising out of this Agreement or our relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. In any such action against InterNACHI, you waive trial by jury and agree that the court must award the prevailing party attorney’s fees and costs. 15. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents our entire agreement between the parties. All prior communications are merged into this Agreement. There are no terms or promises other than those in this Agreement. No statement or promise allegedly made after the execution of this Agreement shall be binding unless reduced to writing and signed by us. Any modification to this Agreement must be in a writing signed by you and us. This Agreement binds the successors of the parties. 16. You will have no cause of action against us after one year from the date of the inspection Mold Testing If Mold testing is ordered the following applies: 1. Purpose: The purpose of the inspection is to attempt to detect the presence of mold by performing a visual inspection of the property and collecting samples to be analyzed by a laboratory. 2. Scope: The scope of the inspection is limited to the readily accessible areas of the property and is based on the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected. Mold can exist in inaccessible areas such as behind walls and under carpeting. Furthermore, mold grows. As such, the report is not a guarantee that mold does or does not exist. The report is only indicative of the presence or absence of mold. As a courtesy the HOMESPEC CERTIFIED INSPECTIONS, INC. may point out conditions that contribute to mold growth but such comments are not part of the bargained for report. 3. Report: The CLIENT will be provided with a written report of HomeSpec’s visual observations and copies of the results of the laboratory analysis of the samples collected. The HOMESPEC CERTIFIED INSPECTIONS, INC.is not able to determine the extent or type of microbial contamination from visual observations alone. The report will be issued only after the laboratory analysis is completed. The report is not intended to comply with any legal obligations to disclosure. 4. Exclusivity: The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the HOMESPEC CERTIFIED INSPECTIONS, INC. has no obligation or duty to any other party. HOMESPEC CERTIFIED INSPECTIONS, INC. accepts no responsibility for use by third parties. There are no third party beneficiaries to this agreement. This Agreement is not transferable or assignable. Notwithstanding the foregoing, the CLIENT understands that the HOMESPEC CERTIFIED INSPECTIONS, INC. may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern. 5. Limitation of Liability: It is understood the HOMESPEC CERTIFIED INSPECTIONS, INC. and the laboratory are not insurers and that the inspection, laboratory analysis and report shall not be construed as a guarantee or warranty of any kind. The CLIENT agrees to hold the HOMESPEC CERTIFIED INSPECTIONS, INC. and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection. 6. Limitations Period: Any legal action arising out of this Agreement or its subject matter must be commenced within one year from the date of the Inspection or it shall be forever barred. The CLIENT understands that this limitation period may be shorter than the statute of limitations that would otherwise apply. 7. Litigation: The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the HOMESPEC CERTIFIED INSPECTIONS, INC. has its principal place of business. If HOMESPEC CERTIFIED INSPECTIONS, INC.is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorney’s fees of the HOMESPEC CERTIFIED INSPECTIONS, INC.in defending said claims. The CLIENT further agrees that the International Association of Certified Home Inspectors, Inc. (“Association”) is not a party to this Agreement, and any action against it or its officers, agents or employees allegedly arising out of this Agreement or INSPECTION COMPANY’s relationship with the Association must be brought only in the District Court of Boulder County, Colorado. If the Association substantially prevails in any such action, the CLIENT shall pay all legal costs, expenses and attorney’s fees of the Association in defending said claims. 8. Severability: If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect. 9. Entire Agreement: This Agreement represents the entire agreement between the PARTIES. No statement or promise made by the HOMESPEC CERTIFIED INSPECTIONS, INC. or its respective officers, agents or employees shall be binding. Water Testing If water testing is ordered the following applies: HomeSpec Certified Inspections, Inc. shall deliver the test samples to a recognized laboratory. The Client will have the results of the lab testing provided to then via the email address provided in the contract. Results can take between 4 and 5 business days. Client understands that water may contain thousands of different biological and chemical contaminants, and that the laboratory will only test for those contaminants specifically ordered by the client. Client further understands that the results represent a “snapshot” of the presence of the specified contaminants in the water sample(s) at the time the sample(s) is collected, and that laboratory results do not necessarily reflect the amount of contaminants that may be present in the future. The EPA recommends periodic water testing. Go to EPA wed sites for information on water testing schedules. The Water Test is conducted according to the instructions from the laboratory, Your Inspector is a generalist and is not acting as certified water testing lab technician or licensed engineer. HomeSpec Certified Inspections, Inc. and its inspectors assume no liability for laboratory errors or delays.
Appendix
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