Spotlight Inspection Services - Inspection Agreement
City, State Zip:
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,("hereinafter "Client") and Spotlight Inspection Services agree as follows:
This establishes the consideration for the Agreement.
1. Services to Be Performed. A limited non-invasive, visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the Premises (the house and one attached or detached garage) existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection. Sheds, outbuildings, and other accessory structures are excluded. Installed components included in the inspection are structural system/foundation, exterior, roof system, plumbing system, electrical system, heating system, cooling system (weather permitting), interior, insulation and ventilation, fireplaces and solid fuel burning appliances (if present). CLIENT acknowledges that his/her presence at the inspection has been requested. CLIENT acknowledges that he/she has been advised of the time and date of the inspection.
2. Scope of Home Inspection. The scope of the inspection is strictly limited as set forth in this Agreement. The parties understand and agree that this inspection will be of readily accessible areas of the building and is limited to visual observations of apparent conditions existing at the time of the inspection only. Latent and concealed defects and deficiencies, including but not limited to, basement flooding, basement seepage and roof leakage, are excluded from this inspection. The parties agree that the Illinois Standards of Practice, 68 Ill. Admin. Code 1410, Sec. 1410.200, as amended, as well as interNACHI Standards of Practice, most current edition, shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. Copies of both Standards of Practice ("SOP") are provided here for your review: (http://www.ilga.gov/commission/jcar/admincode/068/068014100C02000R.html)(https://www.homeinspector.org/files/docs/standards_updated3-4-2015.pdf) Where the State of Illinois Standards and the internachi Standards are found to be in conflict, the State of Illinois Standards shall supersede the interNACHI Standards.
3. Services Subcontracted. Spotlight Inspection Services has subcontracted Radon Testing to Radon Detection Specialists, Inc. for the purpose of providing additional convenient services to the CLIENT. Spotlight Inspection Services has no financial or business interest in Radon Detection Specialists, Inc. There is no written agreement necessary for the CLIENT to receive a Radon test. The fee to be paid by the CLIENT to Spotlight Inspection Services for the property inspection, which may include a Radon Test will be distributed to Radon Detection Specialists, Inc. upon completion of the Radon portion of the inspection as a convenience to the CLIENT. Spotlight Inspection assumes no liability whatsoever for the Radon Testing provided by the aforementioned entity. Spotlight Inspection Services will maintain a copy of any reports provided by the aforementioned entity as a convenience to the CLIENT for future reference.
4. Items Not Inspected. The general inspection and report exclude and do not cover those items indicated as “untested” or “not inspected” or the possible presence of or danger from any potentially harmful substances and environmental hazards including, but not limited to, the following items: asbestos; lead paint; mold; allergens; formaldehyde; toxic and flammable materials; soil contamination; water testing; termite and pest infestation; water softener and filter system; sprinkler systems; central vacuum systems; telephone systems; intercom systems; security systems; antennas; cable television; doorbells; playground equipment; swimming pools and pool equipment; spas; energy efficiency measurements; recreational equipment; recreational facilities (boat docks and tennis courts); landscaping; underground storage tanks; underground drainage; irrigation; outdoor grills (portable or permanent); low voltage exterior lighting; remote overhead door transmitters and receivers; concealed or underground electric and plumbing; systems which are shut down or otherwise secured; private sewer systems; water wells; chimney draft; heating system accessories; solar heating systems; zoning or other ordinances; and building code conformity. All items indicated as being excluded in the InterNACHI Standards of Practice are also excluded herein. CLIENT understands that these systems and conditions and information about them are excluded from this Inspection and Report. Any general comments which may appear about these systems and conditions are provided as a courtesy only and DO NOT represent or form a part of the Inspection. Common elements such as the general exterior, roof and landscaping for Condo buildings ARE NOT part of a general condo inspection, but could be added for an additional cost based on the overall size of the building.
5. Third Party Liability. It is understood and agreed that the inspection and report are performed and prepared for the confidential and exclusive use and possession of CLIENT. No other person or entity may rely on the report issued pursuant to this agreement.
6. Limitation of Liability. It is understood and agreed that in the event of any claim whatsoever against COMPANY, its employees, inspectors, or other agents, whether based on contract, negligence or other tort, statute, or otherwise, in any way directly or indirectly resulting from or relating to the inspection, the report or performance or nonperformance of services by COMPANY, that, any liability of COMPANY, its employees, inspectors or other agents shall be solely and exclusively limited to the amount of the inspection fee actually paid by CLIENT.
7. Notice and Waiver Clause. Any claim arising out of or related to any act or omission of the Inspector in connection with the inspection of the property shall be made in writing and reported to the Inspector within fourteen (14) business days of discovery and to allow Inspector a reasonable opportunity to re-inspect the issue giving rise to the claim before undertaking any repairs. Client agrees that a failure to comply with the terms of this paragraph shall constitute a waiver of such claim.
8. Waiver of Statute of Limitations. 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 commenced within one year of the date of the inspection, without regard to the date the breach is discovered. Any action not brought within that one-year time period shall be barred, without regard to any other limitations period set forth by law or statute.
9. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes any and all prior agreements between the parties. CLIENT agrees that any representation, promise, condition, or warranty, express or implied, not included in this Agreement shall not be binding on any party.
10. Interpretations. It is mutually understood and agreed that all provisions herein are severable and that, in the event that any of them shall be held to be invalid, any competent court may modify or reform any such provisions to make it enforceable and that the remaining provisions hereof shall nevertheless be valid and binding.
11. Assignment. The rights and obligations under this Agreement may not be assigned by any of the parties hereto without the prior written consent of the other party.
12. Attorney's Fees. The prevailing party in any dispute arising out of this Agreement, the Inspection, or Report(s) shall be awarded reasonable attorney's fees and other costs.
13. 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.
14. Binding on Others Clause. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective spouses, heirs and successors.
15. No Rule of Construction. The parties acknowledge that each of them has had ample opportunity for their own counsel to participate in negotiating and drafting this Agreement. Therefore, no rule of construction shall apply to this Agreement that construes ambiguous or unclear language in favor of or against any party.
16. Non-Waiver Clause. 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.
17. No Warranties. There is no express or implied warranty of any kind regarding the condition of the property or any of the items or systems contained therein, or as to the future performance or expected lifespan of any of the items or systems contained therein, whether or not mentioned in the Property Inspection Report. This is a limited inspection only, and this Agreement, the Property Inspection and the Property Inspection Report do not constitute a general warranty, an insurance policy, a certification or a guarantee of any kind.
18. Payment. Payment is due upon completion of the physical onsite inspection. A $50.00 fee will be applied to all returned checks.
19. Re inspection. Any follow-up visit to the inspected Premises or re inspection shall be a minimum charge of $175.00 due at the time of re inspection and include up to 10 items and up to one hour. The inspector is only verifying that a repair has been made, not the adequacy, code compliance or longevity of the repair or replacement. It is advisable that the CLIENT get receipts from the licensed contractor(s) who made the repairs. In the absence of receipts, we can only call the repairs temporary and appropriateness not verified since it was done by unlicensed persons.
Inspector: Safa Moayyed - IL License Number #450.012134
Total Inspection Fee: $
Buyer's Agent :