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Authorization for Home Inspection Services

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CONTRACT
This agreement made this _____ day of _______________, _______ by and between ______________________________ (hereinafter “CLIENT”) and All Safe
Home Inspections, LLC (hereinafter “INSPECTOR”) collectively referred herein as “the parties” with regard to the property at
__________________________________________________. This inspection will be performed in accordance with the Standard Practice of the National
Association of Home Inspectors (NAHI). The fee for the home inspection is $_____________. INSPECTOR acknowledges receiving a deposit of $___________
from CLIENT. 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 Visual 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 with the current Standards of
Practice of NAHI. Inspections are done in accordance NAHI Standards, are visual, and are not technically exhaustive. The following terms are specifically excluded
from the inspection: Radon - a colorless, odorless, radioactive gas that may be harmful to humans, mold, and compliance or non-compliance with applicable
building codes, the presence of potential dangers arising from asbestos, lead paint, formaldehyde, soil contamination, and other environmental hazards or
violations, water softening systems, security systems, telephone and cable TV cables, timing systems, swimming pools and spas, underground or concealed
pipes, sewer lines, septic systems, electrical lines and circuits, central vacuum systems, central air conditioning when outside temperature is below 65 degrees
F or 18 degrees C and any other condition, item, system or component which by the nature of their location are concealed or otherwise difficult to inspect or which
the INSPECTOR cannot visually examine. Although INSPECTOR agrees to follow NAHI’s Standards of Practice, CLIENT understands that these standards contain
certain limitations, exceptions, and exclusions. CLIENT also understands that NAHI is not a party to this Agreement and that NAHI has no control over INSPECTOR
or representations made by INSPECTOR and does not supervise INSPECTOR. Excluded is the assurance of a dry basement or crawl space; also excluded is the
assurance that double and triple pane glazing seals in windows are intact. INSPECTOR will not dismantle any component or system; full evaluation of the integrity of
a heat exchanger requires dismantling of the furnace and is beyond the scope of a visual inspection. The inspection excludes defects such as cracking, leaking, surface
discolorations, or landslides resulting from hidden defects, including but not limited to, water leaks, land subsidence, or other geological problems. The inspection also
excludes merely cosmetic features, including but not limited to, paint, wall coverings, carpeting, floorings, paneling, law, and shrubs. The INSPECTOR is not required
to determine property boundary lines or encroachments.
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 to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected pursuant to
this Agreement, is a log home, log structure or similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible
for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does
not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection.
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 it may inform the CLIENT that it 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.
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 Clark County, Nevada. 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. INSPECTOR shall have no liability for any claims presented more than one (1) year from the date of inspection.
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. 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.
10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.
11. This Agreement is not transferable or assignable.
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
ALL SAFE HOME INSPECTIONS, LLC CLIENT
By:__Shane Seeley____________________________ By:_________________________________
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