The inspection only includes those systems and components expressly identified in the inspection report, and shall not include any areas not exposed to view, concealed, inaccessible for any reason, and any area or item excluded by the ASHI standards, or any of the following: code or zoning violations, lead based paint, and type of alarm system including smoke alarms, asbestos, roaches, rodents, pesticides, treated lumber, fungus, mold, mercury, carbon monoxide sensors, wood destroying organisms, stucco or EIFS moisture content, central vacuum systems, speaker or theater systems, intercom systems, swimming pools, hot tubs, property value, expected working life, sewage systems, water supply, fuel storage, property lines, easements, and subterranean systems or components.
Warranties and Claims:
The inspection and inspection report are not a warranty of merchantability, or fitness for a particular purpose, nor are they an insurance policy. The client acknowledges and agrees that the inspection or inspection report is for the Client's use and benefit only. There are no third party beneficiaries of this agreement. The written or electronic report shall include all findings and opinions of the Company and shall preempt and supplant any oral representations made before or after the report. The Company may supplement or modify the report at its discretion but modification or supplementation shall be in writing. The client shall notify the Company by certified mail, return receipt requested, immediately upon becoming aware of any facts that reasonably indicate a mistake or omission in the report, and in the event the Client seeks recovery of any damages, the Client agrees that, before filing any claim, the dispute shall be submitted to mediation by a mediator mutually agreed upon by the Client and the Company.
No claims shall be unless the Client notifies the Company
of the claim within one year of the inspection date. Any
dispute arising from the information included in the inspection
report shall be adjusted in the Chancery Court of Warren
County, TN regardless of where the inspection occurred. In the
event the Client prevails on any claim, the damages recoverable
are limited to the lesser of (1) the cost of the repair or
replacement of the component subject to the claim or (2) the
cost or replacement of the components subject to the claim,
each of which will be measured as of the inspection date. In the
event that claim repairs are not agreed upon, the Company
retains the right to complete the repairs and will provide approval
by a licensed professional for the Client. In the event the Client
violates the provisions of this paragraph, the Client shall be
obligated to pay the Company's attorney fees and expenses,
regardless of the outcome of the litigation. When the client uses
the information included in their report, the Client agrees to all
the terms and conditions listed in this Home Inspection Agreement.
Upon payment of the assessed fee, Safe Side Home Inspection agrees to perform a visual inspection of the residence at the mentioned address and prepare an electronic report (or written if requested) of the inspection that will include an opinion as to the apparent general condition of the structures components, systems, and identifications of significant observable deficiencies at the time of inspection. If the Company does not receive full payment from the Client or responsible party, the Company is not held liable for any information in the inspection. The Company will require a $25 late fee for any payments not made within the first 30 days with an additional $25 fee for every 30 days after that. If the Company has not received any payments within 60 days, the Client is also responsible for all collection expenses including but not limited to Safe Side Home Inspection reasonable attorney fees and court costs. The Client is held liable for a $75 cancellation fee if the Company is not notified of the cancellation within 8 hrs of the inspection appointment time or the Company is unable to complete the inspection due to situations out of their control. Any dispute arising from this inspection agreement shall be adjusted in Warren County General Sessions Court or Chancery Court regardless of where the inspection occurred.
The Home Inspection Agreement
Serving Middle Tennessee