Inspectors name : David Boss                                 Professional Membership # 05080896

Company Address : 1827 84th Ave .                       Email: dcboss@sbcglobal.net                      

City: Zeeland, State : Mi. Zip : 49464 .                     Fax: 616-772-6363       

Telephone : 616-403-1595

THIS INSPECTION AGREEMENT IS INTENDED TO BE A LEGALLY BINDING CONTRACT

1. Client requests a limited visual inspection of the residential structure identified at the above address by the listed  inspector of the above company, herein after collectively referred as the “Company” and Client hereby represents and warrants that all approvals necessary have been secured for Company’s entrance on to the property.

3 . Client understands that the inspection and inspection report are.performed and prepared for their sole, confidential and exclusive use. Client agrees that they will not transfer or disclose any part of the inspection report to any other person with these exceptions ONLY.(a ) one copy may be provided to the current seller(s) of the property but only upon the express condition that the seller(s) covenant to us the inspection report only in connection with Clients transaction, and agree not   to transfer or disclose the report to any persons other than their real estate agent, and (b) one copy may be provided to  the real estate agent representing Client and /or a bank or other lender for use in Clients transaction only. Client agrees to indemnify, defend and hold harmless Company from any third party claims relatingto this inspection or inspection report. Please Initial:_________

5 The inspection only includes those systems and components expressly and specifically identified in the inspection report. Any areas which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, furnishings or any other thing, or those areas /items which have been excluded by the housing Inspection Foundation standards and/ or  by agreement of the parties is not included in this inspection. The inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection or exists in any area excluded from inspection by the terms of this agreement. Maintenance and other items    may be discussed but will NOT form a part of the inspection report. The following areas/ items, systems, and    components are among those Not included in the inspection.

• Code or zoning violations
•  Systems or component installation
•  Permit research
•  Structural, geological, soil, wave action or hydrological stability, survey, engineering, analysis or testing. Termites   or other wood-destroying insects, rodents or other pests, dry-rot or fungus. latent or concealed defects: Asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals, water or air quality, PCB’s or other toxins, electro-magnetic fields, underground storage tanks, proximity to toxic waste sites or other environmental or health hazards.
• Private water or sewage systems
• Pools, spas, hot tub, saunas, steambaths, fountain, or other types of /or related systems and components.
• Repair cost estimates
• Building value appraisal
• Radio controlled devices
• Automatic gates
• Elevators, lifts, dumbwaiters
• Thermostatic or time clock controls
• Water softeners or purifiers
• Radiant heat systems
• Furnace heat exchangers
• Solar heating systems
• Gas appliances such as fire pits, barbecues, heaters and lamps
• Main gas shut off valve, Any gas leak
• Odors or noise
• Seismic safety
• Freestanding appliances
• Security or fire safety systems
• Personal property
• Any adverse condition that may affect the desirabilityof the property
• Proximity to railroad tracks or airplane routes
• Boundaries, easements or right of way
• Unique/ technically complex systems or components
• System or component life expectancy
• Adequacy or efficiency of any system or componen t
• Items specifically noted as excluded in the inspection report

If inspection is desired of any of the areas/items, systems or components listed above, then Client shall contract the appropriate Professionals.

7. The written report to be prepared by Company shall be considered the final exclusive findings of Company, of the structure. Client understands and agrees they will not rely on any oral statements made by the Inspector prior to the issuance of the written report. Client further understands and agrees Company reserves the right to modify the inspection report for a period of time that shall not exceed forty eight (48) hours after the inspection report has first been delivered    to Client.

8. Client understands and agrees that any claim arising out of or related to any act or omission of Company in connection with the inspection of the residential structure, as limited herein, shall be made in writing and reported to Company within ten (10) business days of discovery. Client further agrees to allow Company to reinspect the claimed discrepancy, with the exception of emergency conditions, before Client or Client’s agents, employees or independent contractors repairs, replaces, alters or modifies the claimed discrepancy. Client understands and agrees that any failure to notify Company as stated above shall constitute a waiver of any and all claims Client may have against Company.

9. 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 Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services Inc. The decision of the Arbitrator appointed thereunder shall be final and binding and judgement on the Award may be  entered in any court of competent jurisdiction.

10. It is understood and agreed by and between the parties hereto that Company is not an insurer, that the payment for   the subject inspection is based solely on the value of the service provided by company in the performance of a limited  visual inspection of the general condition of the structure’s systems and components as described in Paragraph 4 and production of a written inspection report, that because of the limited nature of this inspection the inspection cannot be expected to uncover all defects or deficiencies within the structure and that it is impracticable and extremely difficult to      fix the actual damages, if any, which may result from a failure to perform such services. Thus, Client and Company agree that in the event that Company breaches its obligation or duty to perform such services and Client is thereby damaged, then the liability of Company (including it’s officers, agents and employees) shall be limited to a sum equal to the amount of the fee paid by the customer for inspection and report and this liability shall be exclusive.

Clients Initial :____________________

11. Client understands and agrees that if they are not present at the time of the inspection and therefore do not sign this agreement that this agreement will form a part of the inspection report and acceptance of the inspection report by Client shall and payment therefore will constitute acceptance of the terms and conditions of this Agreement. Homeguide Home Inspection requires an inspection agreement to be signed by Client, prior to performing an inspection. If you were not present at the inspection and did not sign the Inspection Agreement , you by accepting, paying for, and/or using the inspection report you acknowledge and agree to be bound by the terms and conditions of the inspection agreement and further agree that the inspection agreement will form a part of the inspection report.

Hold Harmless Agreement: Client agrees to hold any and all real Estate agents involved in the purchase of the property to be inspected Harmless and keep them exonerated from all loss, damage, liability or Expenses occasioned or claimed by reason of act or neglects of the INSPECTOR or his employees, or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home.

Client:_________________ Date: ______________

(c) Homeguide Home Inspection

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