Authorization for Home Inspection Services

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Please read the contract and sign below. Your electronic signature will be your acceptance of the home inspection agreement between the inspector and you.

Please print a copy of the home inspection agreement for your records.

The day this document is considered complete.

The full name of the person making this agreement.

The address of the planned inspection.

TERMS AND CONDITIONS THIS REPORT IS INTENDED ONLY OR THE USE OF THE PERSON PURCHASING THE HOME INSPECTION SERVICES. NO OTHER PERSON INCLUDING THE PURCHASER OF THE INSPECTED PROPERTY WHO DID PURCHASE THE HOME INSPECTION SERVICES MAY RELY UPON ANY REPRESENTATION MADE IN THE REPORT

THIS INSPECTION AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT. PLEASE READ IT CAREFULLY.

TERMS OF AGREEMENT

REQUEST FOR INSPECTION: Client requests a limited visual inspection of the residential structure identified at the above address by Adept Inspections LLC, herein identified collectively as the “Company”; and the client represents and warrants that all approvals necessary have been secured for Company’s entrance to the property. client warrants: (a) they have read the following Agreement carefully, (b) they understand they are bound by all terms of this contract, and (c) they will read the entire inspection report when received and promptly call Company with any questions they may have.

USE OF REPORT: Client understands that the inspection and inspection report are performed and prepared for the sole, confidential and exclusive use of the client and /or the client’s agent. Client agrees to indemnify, defend and hold harmless Company and/or any and all real estate agents from third party claims relating to this inspection or inspection report.

LIMITATIONS: Company agrees to perform a limited visual inspection of the residential structure at the above address and to provide Client with a written opinion as to the apparent general condition of the structure’s components and systems, using normal operating control, including identification of significant observable deficiencies as they exist at the time of the inspection. The inspection report is a reasonable effort to assess the durability and serviceability of the residential structure. Latent and concealed defects and deficiencies are excluded from the inspection. the inspection will be performed in a manner consistent with the standard of the Construction Contractors Board (CCB) of Oregon; Oregon Administrative Rules Division8, Chapter 812; and the Oregon Home Inspection Certification Law (ORS701).

STATED FEE: Client agrees to pay the stated fee for the performance of the inspection. this amount to be pay in full either prior to, or at the completion of the inspection, unless prior arrangements have been made. Should client fall to pay in a timely manner the agreed upon fee, the client shall be responsible for paying any all fees associated with collection and including but not limited to attorney’s fees, costs, lost wages, and interest accumulated at 20% annual rate. the parties agree the fee agreed herein is not contingent on the reporting of any specific, predetermined condition of the subject property. The inspector has not and will not accept a fee or other valuable consideration in this transaction form any person other than the client.

SCOPE OF INSPECTION: Inspection will meet or exceed all items in accordance with the Oregon Standards of Practice set forth in Division 8 of OAR 812. Items include but not limited to: observe and operate permanently installed heating and cooling systems using normal operating controls; observe the structural components and visible exterior items, including roof, flashings,walls, foundation, chimney, patios, decks, porches; enter attic when accessible and safe; enter crawlspace when adequate access is provided; randomly test an adequate number of electrical outlets; visually inspect electrical service panel; inspect and operate all plumbing fixtures, including all faucets, tubs and showers; observe functional flow of drains; observe all gas and water supplies; operate all built in appliances.

SYSTEMS EXCLUDED FORM INSPECTION REPORT: the inspection only includes those systems and components expressly and specially identified in the inspection report. Any area which is not exposed to view, is concealed, is inaccessible because of soil,walls, floors, carpets, ceilings, furnishings or any other thing, or those areas/items which have been excluded by OAR Division 8 (specifically Section 812-008-0204) standards and/or by agreement of the parties is not included in this inspection. The inspection does not include any excavation, destructive testing or dismantling. No excavation to determine the depth of foundations below ground will be performed. Systems, components, utilities,(water valves,electrical breakers,gas valves, pilot lights,utilities, etc) which have been made inoperable or are turned off at the time of the inspection will be turned on by the inspector, and therefor not inspected as the inspector has no knowledge regarding the reason why the system has been made inoperable. Systems,items, and conditions which are not within the scope of the building inspection include but not limited to: radon, formaldehyde, lead paint,asbestos, toxic or flammable materials, molds, fungi, other environmental hazards; pest infestation, Chinese drywall, security and fire protection system; household appliances; humidifiers; paint, wallpaper and other treatments to windows,interior walls, ceilings and floors; recreational equipment or facilities; underground storage tanks, energy efficiency measurements; concealed or private secured systems; water wells, heating system accessories ; solar heating systems; sprinkling systems; central vacuum systems; telephone, intercom or cable TV systems; lighting arrestors; trees and plants; governing codes, ordinances, statutes and covenants and manufacturing specifications. Client understands that these systems, items and conditions are exempted from this inspection. Any general comments about these systems, items, and conditions on the written report are informal and DO NOT represent an inspection.

WOOD DESTROYING INSECTS: Though the Oregon Standards of Practice do not require Company to provide information on wood destroying insects;Inspector will conduct a wood destroying inspection; Findings will be reported on a separate Wood Destroying Report. Information is based solely on readily accessible and visible areas of the structure that are susceptible to wood destroying insects. Client understands that a warranty for wood destroying insects may only be obtained from a licensed Pest Control Operator.

NO WARRANTY PROVIDED: Client understands that the inspection and inspection report do not constitute a guarantee or warranty of merchantability or fitness for a particlur purpose,expressed or insurance policy, nor is it a substitute for real estate transfer disclosures that may be required by law.

RIGHT TO RE-INSPECT: The written report to be prepared by Company shall be considered the final exclusive findings of Company of the structure. Client understands and agrees that they will not rely on any oral statements made by the Inspector prior to the issuance of written report. Client further understands and agrees that Company reserves the right to modify the inspection report for a period of time that shall not exceed one week (seven days) after the inspection report has first been delivered to Client. Client understands and agrees that any claim arising out of or relating to any act or omission of Company in connection with the inspection of the residential structure, as limited herein, shall be made in writing and reported to Company within ten (10) business days of discovery. Client further agrees to allow Company to re-inspect the claimed discrepancy with the exception of emergency conditions, before Client, Client’s agent, employees or independent contractor repairs, replaces, alters, or modifies the claimed discrepancy. Client understand and agrees that any failure to notify Company as stated above should constitute a waiver of any and all claims Client may have against Company.

LEGAL PROCEEDINGS: 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 Oregon Construction Contractors Board (CCB). An arbitration award may not be made to the Appeals Committee, however an appeal of a final order can be made to the Court of Appeals of the State of Oregon. A party may file exceptions to an arbitration award with a circuit court as allowed per statute. time is of the essence; no action of any kind can commence after one year from date of inspection. Inspector shall have no liability for any claim presented more than one year from the inspection.

LIMITED LIABILITY: It is understood and agreed by and between the parties hereto that Company is not an insurer; that the payment for the subject inspection is based solely on the value of the service provided by Company in performance of a limited visual inspection of the general condition of the structure’s systems and components, and production of a written inspection report; that because of its limited nature this inspection cannot be expected to uncover all defects or deficiencies within the structure and that it is impracticable an extremely difficult to fix actual damages, if any, which may result from failure to perform such services. Thus, Client and Company agree that in the event that Company breaches it obligation or duty to perform such service and Client is thereby damaged, then the liability of Company (including its officers, agents, and employees) shall be limited to a sum equal to the amount of the fee paid by the customer for inspection and report and this liability shall be exclusive.

AGREEMENT ARISING FROM INSPECTION REPORT: client understands and agrees that if they are present at the time of the inspection and therefore do not sign this agreement, that this agreement will form a part of the inspection report; and the acceptance of the inspection report by Client shall, and payment therefore will constitute acceptance of the terms and conditions of this Agreement. Adept Inspections LLC requires an inspection to be signed by Client prior to performing an inspection.

ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator, the remaining terms shall remain in force between the parties. This Agreement shall be binding upon and inure to the parties hereto and spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.

CLIENT UNDERSTANDING AND AGREEMENT TO TERMS: I have read, understand and agree to all the terms and conditions of this contract and to pay the stated fee on or before the date of the inspection.

RECEIPT OF HOME INSPECTION CONSUMER NOTICE: By my signature below, I attest that I have received a copy of the Summary of Oregon Home Inspection Certification Law and Standards of Practice for Home Inspections, and a copy of the Oregon Home Inspection Consumer Notice.

This Agreement shall be governed by and construed to the Laws of the State of Oregon.

Addendum to Inspection Agreement
Any dispute, controversy, interpretation or claim including claims for but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to, this contract or arising out of, from or related to the inspection or inspection report shall be submitted first to a Non-Binding Mediation conference and absent a voluntary settlement though Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof.
Notice: You and we would have a right or opportunity to litigate disputes through a Court and have a Judge or Jury decide the disputes but have agreed instead to resolve Disputes through Mediation and Binding Arbitration

I have read and understand the terms and conditions of this contract as set forth on the front of this form. I fully understand that if there is no signature on the line below, this inspection report shall be null and void.

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