THIS AGREEMENT made this ______ day of _______, ______, by and between HSS Property Inspection & Consulting (Hereinafter “INSPECTOR”) and the undersigned (hereinafter “CLIENT”), collectively referred to herein as “the parties.”    The Parties Understand and Voluntarily Agree as follows:

1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written inspection report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller’s disclosure.

2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of the National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm. CLIENT understands that these standards contain certain limitations, exceptions, and exclusions.

 DISCLAIMER:  HSS Property Inspection & Consulting in accordance with the International Association of Certified Home Inspectors Standards of Practice; We do not evaluate or endorse any item or component that is Not Readily Accessible and or Concealed areas or Components, such as subterranean ducts, pipes, or conduits within walls, floors, or ceilings, obstructed switches and outlets, the slab beneath carpets, the interior of heat exchangers, air-conditioning coils and supply ducts, dirty or ash filled fireplace hearths, significant portions of chimney flues, "closed" or abandoned hearths / chimneys, fireplace inserts, pre-fabricated fireplaces, gas / propane fireplaces, portable heaters, and the waterproof membrane beneath roofs, balconies or shower pans. In addition, we are not required to evaluate or endorse the following specific components: computerized systems, radio or remotely controlled components, central vacuum systems, alarm, telephone, cable, or intercom systems. Private sewage systems, private water supply systems, artesian wells, water softeners, water circulating devices, water filtration or purification devices, and automatic-sprinklers. The hermetic seal of dual-glazed sliding glass doors, safety glass, windows, skylights, solar systems, fire-sprinkler systems, shut-off valves that are not in daily use. Elevators, lifts, saunas, steam showers, humidifiers / dehumidifiers, electronic air cleaners, in-line duct motors or dampers, washers, dryers, their knobs, hoses, connections, filters, duct work, valves or drain pipes, and condensate pumps. Thermostats, timers, clocks, portable or free-standing appliances such as, stoves {Natural gas, propane or electric}, rotisseries, Microwaves, dishwashers and their connections-hoses/pipes, refrigerators, ice makers, ice maker connections and hoses / pipes, clothes dryers and any and all components or attachments, clothes washers to include their connecting hoses, filters, pans, drains and all other attachments/components. Decorative and low-voltage lighting, portable and or permanent hot tubs / spas / swimming pools , fountains and ponds, barbecues, fire-pits, pool sweep chemicals, assemblies, in-line chlorinators, or similar devices dispensing bromine or ozone, and the coatings on pools, spas, countertops, fixtures, appliances, decks and walkways retaining walls, landscaping or landscape items.                                         

3. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties.   INSPECTOR’S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement.

4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.

5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing or noted here:

6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of adverse conditions within 14 days of discovery, and (2) Access to the premises. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.

7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. 

8. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.

9. Client agrees that in the event of litigation involving the inspected property, the Inspector will be compensated in advance for all time and expenses including travel, document retrieval, review and lost time from work. Deposition etc. fees are $125.00/hr, $400.00 minimum charge per partial day and to be paid within three days of any notice to participate.

10. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.

Third Parties: The Client requests this inspection and the inspection report for their confidential use only. The Inspection Contract, any interests herein or claims hereunder including those for money, or payment shall not be transferred or assigned by the Client. The Client promises to indemnify and hold harmless the Inspector for any damages, and/or expenses involved in addressing or defending claims made by others in relation to this report. The information provided in the inspection report will be the Clients property solely for this transaction. The Inspector will disclose the inspection report to the real estate agents, sellers, lenders, and other parties intimate to this particular transaction for the purposes of clarification and facilitation of repairs with the Clients permission. The Client authorizes the release of the inspection report to other parties associated with the real estate transaction as requested ________ (Initial)

Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation or any other theory of liability 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 rule and procedures of the Expedited Arbitration of a dispute resolution service." The decision of the Arbitrator appointed hereunder shall be final and binding and judgment on the Award may be entered in any Court of Competent Jurisdiction.

I report all conditions as they existed at the time of the inspection. The information contained in your report may be unreliable beyond the date of the inspection due to changing conditions. Your inspection was essentially visual, is not technically exhaustive, and does not imply that every defect was found. Latent and concealed defects and deficiencies are excluded from the inspection. Cosmetic flaws and defects will not be a part of your Home Inspection. "WE do not operate heating or cooling systems in temperatures that may cause damage to the unit (air conditioner systems will not be operated if the outside temp. is below 65 deg. F.; heat pumps will not be operated in normal heat mode if the outside temp. is above 75 deg. F.). WE do not inspect heat exchangers, boilers, etc. for cracks."

CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.

      Print Name                                                                    Print Name

FOR INSPECTOR   (signature)                            CLIENT OR REPRESENTATIVE   (signature)

E-mail address (es) that client would like the Report sent to:__________________   _____________________________________________________________________