SOLITAIRE HOME INSPECTIONS LTD.
INSPECTION AGREEMENT
This contract is between:
Client ____________________________
Client Address ____________________________
____________________________
(Herein after referred to as “Client”
Inspection Company Solitaire Home Inspections Ltd.
Company License Number #352569
(Herein after referred to as “Home inspection business”)
Name of Inspector Barret Beaudry
Name of Business Solitaire Home Inspections Ltd.
Address of Business
#504, 2903 Kingsview Blvd. SE.
Airdrie, Alberta
T4A 0A4
587.887.3386
Inspector License Number #352570
(Herein after referred to as “Inspector”)
Address of Home to be inspected: _____________________________
_____________________________
Home Owner of Property to be inspected:
Name _____________________________
Date inspection to be performed: _____________________________
Date Inspection report to be provided to client: Within 24 Hours
Subcontracting of Home Inspection (if required)
Name of Company_______________________________
Address_______________________________________
License_______________________________________
Dated This _________ Day of ____________
PREAMBLE
It is important for the client(s) to understand that the inspection is based on the limited visual inspection of the readily accessible aspects of the building. The report is representative of the inspector's opinion of the observable conditions on the day of the inspection. While this inspection may reduce your risks of homeownership, it is not an insurance policy, warranty, or guarantee on the home. Neither the inspector nor the inspection firm makes any warrantee of guaranty on the home's future performance or lack thereof. This report is for the exclusive use of the contracted parties and may not be used by third parties without prior written permission from the inspector/inspection firm. The only third party exception is when the homeowner's permission is required to do invasive testing. Then a copy will be provided to them for their approval of the indicated testing.
WHAT THE INSPECTOR WILL PERFORM
1. The Inspector and the Home Inspection Business will conduct a visual inspection of the Property. For a fee of $______(excluding taxes). A written report will be provided to the Client. The inspection is based on the limited visual inspection of the readily accessible aspects of the building.
2. The inspection is performed in accordance with the Standards of Practice of the International Association of Certified Home Inspectors InterNACHI. See attached standards of practice Schedule 1 to this contract. This is not a Building Code, title, nor by-law compliance inspection and is not to be construed as such.
3. The Inspection Report is based on the condition of the Property existing and apparent as of the time and date of the inspection. Not all conditions may be apparent on the inspection date due to weather conditions, inoperable systems, inaccessibility of areas of the Property. The Client hereby releases and waives any claim it may have against the Inspector for omissions that may reasonable not be determined during the regular course of a visual inspection. Anything the inspector is not able to see during the Inspection arising as a result of weather conditions, or inaccessibility existing at the time of inspection, or because a system is covered up will be noted in the Inspection Report.
4. The inspection report does not constitute a warranty, guarantee, or insurance policy of any kind nor that the property is in any conformance to any building codes or by-laws. The report is a professional opinion based on a visual inspection of the accessible areas and features of the property as of the date and time of the inspection and is not a listing of repairs to be made. The report is not an assessment, nor does it constitute an appraisal.
5. In regard to any deficiencies found it is up to the Client to obtain an expert opinion in dealing with any
remedies to deficiencies.
6. Should any secondary testing be required it is up to the client to arrange such testing.
7. The Client will receive a written report of the Inspector's observations of accessible features of the building.
Subject to the terms and conditions stated herein. The report will be delivered on _________________
WHAT THE INSPECTION WILL COVER
8. The inspection includes the visual examination of the home's exterior including roof and chimney, structure, electrical, heating, and cooling systems (visual condition only), insulation, plumbing, and interior including floors, walls ceilings, and windows. Additionally, the inspector will functionally operate major built-in appliances.
A. Structural Components: Foundation, Floors, Walls, Columns, Roofs/Ceilings
Underfloor Basement & Crawl Space
B. Exterior: Wall cladding, Flashing and Trim, Entry Door, Windows, Garage Door opener, Decks/Balconies and Steps, Eaves, Soffits and Fascia Vegetation - (adverse impact on the structure), Grading / Drainage Flashings/Penetrations, Skylights, Chimneys, Evidence of Leaking
C. Electrical: Service type, Service conductor, Service ground, Over Current, Protection devices (if any), Main and distribution panels, Light switches, Receptacles, Ground fault / Arc fault interrupters
D. Plumbing: Interior supply distribution piping, Supports insulation, Fixtures faucets, Water heater, Sump
Pumps
E. Heating: Heating Equipment, Energy source, Operate controls, Flues, and Vents, Solid Fuel heating devices, Distribution System, Air Filters, Heat Source
F. Cooling: Cooling Equipment, Operate Controls (unless the outside temperature is below 17 degrees Celsius)
G. Interior: Walls ceilings floors, Steps / Stairways, Balconies / Railings, Counters Cabinets, Doors, Windows, Fire separation walls and ceilings - if visible, Access door to house / Garage Door
H. Insulation / Ventilation: Insulation - if visible, Vapor retarder - if visible
WHAT THIS INSPECTION DOES NOT COVER
9. The inspection excludes latent defects that cannot be reasonably detected in a non-invasive inspection
described in this contract. Latent defects may include but are not limited to: water leaks, land subsidence, or other geological problems. The inspection also excludes merely cosmetic features without limitations, minor wall defects and cracking paint, wall coverings, carpeting, floors, paneling, lawn, and shrubs, or any other defects which may occur, or become evident after the date of the inspection.
10. It is the responsibility of the Client to obtain from the homeowner a disclosure of any known defects at the time of the inspection.
11. Not all devices will be inspected. InterNACHI standards only require the operation of a representative a number of these devices, not all of them will be checked especially the ones blocked by furniture, carpets, or other obstructions.
12. This inspection will not include any investigation; review whether visual or invasive for Mould or Asbestos.
Client Initial: X_______ Inspector Initial: ______
13. This inspection will not include any outbuildings, or other structures not attached to the dwelling other than a garage or carport;
Client Initial: X_______ Inspector Initial: _____
14. Client requests inspection of any outbuildings, or other structures. N/A
Client Initial: X_______ Inspector Initial: ___________
15. Client requests inspection of any moisture in the building.
Client Initial: X_______ Inspector Initial: ______
16. Client requests testing for Carbon Monoxide / Hydrocarbons.
Client Initial: X_______ Inspector Initial: ______
17. Client requests inspection of all electrical circuits
Client Initial: X_______ Inspector Initial: ______
INVASIVENESS
18. This inspection shall be non-invasive. If any invasive testing is to be done the owner of the home must
agree to such testing. The Inspector will take all reasonable steps to mitigate any unnecessary damage and or make any problems worse.
Description of testing and procedures to be done:
____________________________________________________________________________________
Homeowner approval ____________________________
SUBCONTRACTORS
19. This contract is to be sub-contracted to another inspector.
Inspection Company _____________________________________
Name of Inspector _____________________________________
Name of Business _____________________________________
Address of Business _____________________________________
License Number _____________________________________
Client Initial _________________ Inspector Initial ________________
DISPUTES
20. Any controversy, or claim between parties hereto, arising directly or indirectly out of, connected with or relating to the interpretation of this Agreement, the scope of the services rendered by the Inspector and or the Home Inspection Business, the Inspection Report provided to the Client by the Inspector, or as to any other matter involving any act or omission performed under this Agreement, or promises, representations or negotiations concerning duties of the Inspector hereunder, shall be submitted to binding arbitration. The parties shall mutually appoint an arbitrator who is knowledgeable and familiar with the professional home inspection industry. Judgment on any award may be entered in any court having jurisdiction, and the arbitration decision shall be binding on all parties. This does not prevent the client from taking any court actions arising out of unfair trade practices under the Fair Trading Act or its regulations.
21. In the event that the Client claims damages against the Inspector and does not prove those damages, the Client shall pay all legal fees, arbitrator's fees, legal expenses, and costs incurred by the Inspector in defense of the claim.
NOTICE OF CLAIMS
22. You understand and agree that any claim(s) or complaint(s) arising out of or related to any alleged act or omission by the Inspector in connection with the Services shall be reported to us, in writing, within ten (10) business days of discovery. Unless there is an emergency condition, you agree to allow us a reasonable period of time to investigate the claim(s) or complaint(s) by, among other things, re-inspection before you, or anyone acting on your behalf, repairs, replaces, alters or modifies the system or component that is the subject matter of the claim. This in no way precludes the Clients rights under s. 3 of the Limitations Act.
SEVERABILITY CLAUSE
23. If any part, term, or provision of this agreement, shall be held void, illegal, unenforceable, or in conflict with any law of a federal, provincial or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby.
ENTIRE AGREEMENT
24. This Agreement constitutes the entire understanding and agreement of and among the parties, which
supersedes all prior verbal or written understandings, communications, representations, and agreements with respect to the subject matter of this Agreement. No change, modification, alteration or addition of terms and conditions of this Agreement shall be binding unless in writing and signed by an authorized representative of each party.
GOVERNING LAW
25. The parties agree that this Agreement shall be governed by the law of the Province of Alberta and the
federal laws of Canada applicable therein. The parties attorn to the jurisdiction of the Courts in the Province of Alberta with respect to matters arising out of this Agreement.
UNDERSTANDING AGREEMENT
26. By signing this Property Inspection Contract, the Client acknowledges and agrees that:
(a) The Client understands and agrees to be bound by each and every provision of this Contract;
(b) The Inspector has not made any representations or warranties other than those contained in this Contract;
(c) The Client has had such legal advice as the Client desires in relation to the effect of this Contract on the Client's legal rights;
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above:
PER INSPECTOR
Print Name: Barret Beaudry
PER CLIENT
X___________________________
Print Name: ____________________________
