Foresight Consulting Client Site:
North Haledon NJ 07508 Name Ref. No.
(973 942-3061) Address Date:
HOME INSPECTION AGREEMENT
· The inspections are performed only in accordance with a mutually agreed upon written contract, signed by parties.· Read the preprinted agreement. Take time you need and sign it if you agree to its terms. Feel free to speak to the inspector about any of the terms. An explanation can be provided, or changes can be negotiated. · Remember, you are under no obligation at this time to accept FORESIGHT’s service, and must decisively agree to do so.
I have read this informational notice, understand that I can enter into an agreement with FORESIGHT for the inspections if I desire and further understand that if I do so, it is of my own free will. Please sign the front page of this agreement.
The parties, FORESIGHT CONSULTING SERVICES, INC., hereinafter referred to as FORESIGHT, and CLIENT agree that FORESIGHT will conduct the requested evaluations, as listed below, and submit the report(s) within the following scope, limitations and terms:
1. The evaluation(s) and report(s) are performed and prepared for the sole and exclusive use of the CLIENT and his agent(s) or attorney. CLIENT agrees that any Radon tests results obtained at his request may be provided to his agents and attorney and to the present owner of the building. All reports are strictly non-transferable without the prior written permission of FORESIGHT. CLIENT is responsible for advising FORESIGHT of all relevant time contingencies, and agrees to accept a reasonable period for the preparation and receipt of reports.
2. The parties agrees that the inspection will be performed in a manner consistent and governed by the New Jersey Administration Code contained at N.J.A.C. 13:40-15 and that the licensee shall comply with these rules and failure to comply with the rules may subject to licensee to discipline. CLIENT may review a copy of the Standards on request. CLIENT understands and agrees that the inspection services provided by FORESIGHT are not to be construed as professional engineering services.
3. The home inspection offer opinions only as to those portions of the premises or systems that are easily accessible and can be evaluated by a strictly visual inspection. The evaluations are not intended to be technically exhaustive. Equipment, items, and systems will not be dismantled. The inspector is not required to move personal property, debris, furniture, equipment, carpeting, or like materials, which may impede access or limit visibility. All utilities and pilot lights must be on and all equipment operational so that the total evaluation can be completed. CLIENT assumes the responsibilities to prepare any equipment for evaluation. Air conditioners will not be evaluated if the outside temperature is below 60 degrees since this can cause damage to the units. FORESIGHT cannot offer an opinion on portions of the property, such as interior piping, wiring, underground piping, septic systems components, and underground storage tanks that are not openly visible for inspection, nor on equipment or systems inoperable at inspection due to turned off utilities, weather conditions, etc. If accessible, the attic will be entered and inspected. Similarly, crawlspaces are inspected from the point of access, unless there is sufficient room to permit safe and easy entry and the interior is reasonably clean, dry, and large enough to permit mobility. Roofs and chimneys are inspected from the ground due to potential roof damage and personal safety considerations.
4. Systems and conditions which are not within the scope of the building inspection include, but are not limited to, formaldehyde, lead paint, mold, mildew, asbestos, toxic or flammable materials, underground tanks, electromagnetic radiation, other environmental hazards: security systems, fire and smoke detectors, central vacuum systems, coal or wood burning stoves: fireplace draft; lawn watering systems; playground equipment; swimming pools; spas; energy efficiency measurements; recreational equipment; solar heating equipment; pest infestation other than as included in the optional Wood Destroying Insect Inspection. FORESIGHT assumes no liability or responsibility for Pest or Wood Destroying Inspection Company. CLIENT understands that these systems and conditions are accepted from the evaluation. Any general comments about these systems and conditions are informational only and do not represent an inspection. Also, any maintenance recommendations or suggestions are for informational purposes only, and are not part of the evaluations.
5. These evaluations are not to be construed as a guarantee, warranty, or insurance policy regarding the premises or systems or their fitness for use, fitness for alteration, remodeling or revision, or fitness during natural disasters or insurance policy that the building meets all construction, plumbing, electrical or zoning ordinances, or that any system (septic, well, etc.) meets all applicable ordinances. Only local code enforcement officials authorized to do so can accurately render opinions with regard to such ordinances. Because the condition of the inspected property may be acceptable at the time of the evaluation, and change thereafter, the evaluations are not to be considered as a guarantee or warranty of the future condition or market value of said property.
6. CLIENT understands and agrees that if they are not present at the inspection and therefore do not sign the agreement or did not sign the agreement at the inspection, that this agreement will be deemed signed as if the CLIENT and a part of the inspection report. Acceptance of the inspection report, CLIENT’s payment for said services therefore constitutes a valid acceptance of the terms and conditions of this agreement as if signed by CLIENT.
7. The parties agree that FORESGHT, its employees and agents, assume no liability or responsibility for the cost of repairing or replacing any defect or condition, malfunction or deficiency, whether disclosed or not in the evaluation report for any reason including negligence, either current or arising in the future, or for any property damage, consequential damage, or bodily injury. CLIENT guarantees FORESIGHT a right to examine any alleged defect, deficiency, or malfunction and offer a resolution prior to CLIENT’S performance of remedial measures. This is a condition precedent to any claim, which CLIENT may raise out of performance of this Agreement.
8. The parties agree that if any dispute arises out of performance of this Agreement, the maximum liability of FORESIGHT, its employees, or agents, for any alleged loss or damage to CLIENT, even due to error, omission, or negligence, is expressly limited to the sum equal to FORESIGHT’s fee for the inspection service in dispute. If CLIENT elects to proceed with an action against FORESIGHT in court, CLIENT agrees to reimburse FORESIGHT for all court costs and reasonable attorney’s fees incurred by FORESIGHT in raising a successful defense of the claim.
9. The parties agree to arbitrate any dispute, which may arise out of the performance of this agreement in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. A written demand for arbitration shall be filed within one year from the inspection date. Notwithstanding this provision, if CLIENT elects to nevertheless proceed with an action against FORESIGHT in court, as opposed to arbitration, CLIENT agrees to reimburse FORESIGHT for all court costs and reasonable attorney’s fees incurred by FORESGHT in its defense.
10 This agreement represents the entire and integrated agreement between the parties. Both parties shall initial minor changes to this Agreement. More substantial changes shall be agreed to in writing in a separate agreement reflecting negotiated provisions agreed to by both parties. If any aspect of the property cannot be inspected, CLIENT can arrange a re-inspection for a fee of $150.
11 Should any term of this agreement be deemed unenforceable, ineffective, improper or in any other way invalid under procedure in arbitration of court of law, then shall in no way effect the validity of any other paragraph, term, or contract as a whole.
12 Additional services, which may be provided by FORESIGHT, include, but not limited to wood destroying inspect inspections and radon testing. These services are available at an additional cost and are not included in the home inspection.
13 If there is more than one client, CLIENT represents himself to have the actual authority to sign for the other clients as well as him. If the CLIENT is a corporation or partnership, the party signing represents that he has the authority to act on behalf of such entity in signing this Agreement.