Please read and sign this standard agreement, which will become a part of the final document package.
NEIL'S HOME INSPECTIONS
54-426 Kapa'au Rd (PO Box 685) HI 96755
[email protected] tel : 808 491 9220
Property Address: ________________________________________________________________
Inspection Date/Time: ____________________________________
Attendance: Buyer – Buyers Agent – Seller – Listing Agent – Tenant
Please read and sign this Pre-Inspection Agreement, which becomes part of the final report.
This document explains the Scope of the Inspection, Limits of the Inspection, General Exclusions, Terms and Conditions, Limitations of Liability,and an Arbitration Agreement. You may call us for an explanation of this agreement or any aspect
of the report which you do not fully understand.
SCOPE OF INSPECTION
The purpose of the inspection is to report the general condition of the home and identify
and disclose major defects and deficiencies of the inspected systems and components
which existed at the time of the inspection and which are evident to the inspector upon
ordinary visual observation. Minor and cosmetic defects may be listed in the report for
maintenance purposes but it is not the intent, nor will the inspection report identify and
list all minor and cosmetic defects.
The inspection is intended to evaluate systems and components of the primary
premises. Included with the inspection is the evaluation of primary attached
garages/carports/decks/porches/patios. The inspection does not include evaluation of
detached garages/carports/patios/decks or other structures unless explicitly specified.
The client is encouraged to accompany the inspector during the inspection.
Client participation shall be at the client’s risk for personal injury or damage to person or
property for any reason or from any cause. The inspection and report are performed and
prepared for the sole, confidential and exclusive use and possession of the client(s). The
inspection report is not transferable. Systems and components to be inspected include:
exposed and visible foundations and structures, exteriors, roofing, plumbing, electrical,
attic, interiors, bathrooms and kitchen, basement and crawlspaces, heating and central
air conditioning, and garage or carport
LIMITS OF THE INSPECTION
The inspection is limited to the readily accessible and visible systems, equipment and
components of the home. The inspector will not dismantle and/or move equipment,
systems, furniture, appliances, floor coverings, finished or fastened surfaces or
components, personal property or other items to conduct this inspection or otherwise to
expose concealed or inaccessible conditions. The inspection will not include destructive
testing of any kind.
The following conditions are NOT within the scope of the inspection:
1) Water or air quality
2) Presence of toxic or carcinogenic matter emitted from the ground, building
materials, in water or air supply or from the operation of any equipment.
3) Items that are obstructed, inaccessible or not in plain view.
4) Mold or mold type.
5) Animal or insect infestations.
( Examples of the conditions excluded above include the presence or
absence of environmental hazards, asbestos, lead paint, lead pipes, lead solder, radon, urea
formaldehyde insulation, toxic wastes, polluted water, mold, or termite/pest infestation. It is
the responsibility of the client to conduct further inspection by qualified consultants to
disclose the presence of these contaminants and the means of remediation. )
You acknowledge and agree that this Inspection and the inspection report and findings
are limited in nature and scope, and that the following are outside the scope of the
inspection, therefore they cannot be accurately assessed by the inspector during a
limited inspection: appliances, Ancillary electrical systems (including: TV cable systems
and antennas, intercom systems, lightning protection systems, playground equipment,
swimming pools, hot tubs/spas, free standing heating stoves, humidifiers, air purifiers,
solar systems, water softeners and filters, wells, septic systems, latent defects,
adequacy of system designs, zoning or building code compliance, heating cables, fire
escapes, elevator components and shafts, air-quality analysis, concealed wiring, door
opening and doorbell systems, fire alarm systems, security systems, telephone
systems). Basic operational testing of built-in kitchen appliances is performed
(dishwasher/oven/range/microwave/garbage disposal). No determination beyond basic
operation is made regarding the performance or service life of appliances.
THE INSPECTION AND REPORT ARE NOT A GUARANTEE OR WARRANTY that the
items inspected are defect-free, or that concealed defects do not or will not exist.
Problems may exist even though signs of such may not be present during the inspection.
No representation is made as to how long any equipment will continue to function.
SYSTEMS AND COMPONENTS are rated as follows :
SATISFACTORY( Sat.) - indicates that a component is functionally consistent with it's
original condition, purpose or intent but may show signs of wear or deterioration.
MARGINAL (Mar.) - indicates the component will probably need repair or replacement
within the foreseeable future.
POOR – indicates the component will need repair or replacement in the near future.
SIGNIFICANT ISSUES – indicates that component is considered significantly deficient,
inoperable or unsafe
SAFETY HAZARD – denotes a condition which is considered presently unsafe, and in
need of prompt attention.
TERMS AND CONDITIONS:
A. The Client recognizes that this report is solely for the benefit of the Client and that any
person or party designated by the Client to receive information in this report shall be
subject to the TERMS AND CONDITIONS contained herein. Such designation shall be
provided in writing to the inspector.
B. The client agrees that any claim arising in connection with this agreement shall be
made in writing to the Company at the address above by certified mail, return receipt
requested within 10 days after discovering any problem.
C. The client agrees to allow the inspection company to re-inspect before changing the
condition of the problem, except in an emergency. Failure to allow the inspection
company the opportunity to re-inspect, as required above, shall constitute a waiver of
any and all claims client may have against the Company.
D. The Client agrees that, to the extent allowed by law, any damages or breach of this
contract or report are limited to the amount of the inspection fee only. Furthermore, the
Client agrees to pay all attorney fees should the Client pursue a civil action against the
Company, and fail to prevail.
E. The Client agrees that 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 changes or modifications are in writing and signed by the
parties and supported by valid consideration.
LIMITATION OF LIABILITY AND ARBITRATION AGREEMENT :
It is understood and agreed that the Company (Neil's Home Inspections) is not an
insurer and that the inspection and report are not to be intended or construed as a
guarantee or warranty of the adequacy, performance or condition of any structure, item
or system at the property address. The Client hereby releases and exempts the
Company and its agents and employees of and from all liability and responsibility for the
cost of repairing or replacing any unreported defect or deficiency and for any
consequential damage, property damage, or personal injury of any nature.
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 or
inspection report shall be submitted to final and binding arbitration under the rules of the
state. The decision of the Arbitrator appointed thereunder shall be final and binding
judgment on the Award that may be entered in any Court of competent jurisdiction.
INSPECTION FEE: $___________________
I, the undersigned, have carefully read the preceding Inspection Agreement and
Description and fully understand and agree with the limitations, exclusions and terms
Client Signature: ___________________________ Date ___________________
Agent for Client Signature: ___________________________________________