from page 2 of the original inspection agreement dated September 2019
LIMITATIONS, EXCEPTIONS AND EXCLUSIONS: Excluded from this real estate inspection is any system, structure, or component of the building which is inaccessible, concealed from view, or cannot be inspected due to circumstances beyond the control of Mr. Shafer, or which you, the Client, have agreed is not to be inspected. In addition, the following are excluded from the scope of this real estate inspection unless specifically agreed otherwise between Mr. Shafer and you, the Client:
- Determining compliance with installation guidelines, manufacturers’ specifications, building codes, ordinances, regulations, covenants, or other restrictions, including local interpretations thereof.
- Obtaining or reviewing information from any third-parties including, but not limited to: government agencies (such as permits), component or system manufacturers (including product defects, recalls or similar notices), contractors, managers, sellers, occupants, neighbors, consultants, homeowner or similar associations, attorneys, agents or brokers.
- Geotechnical, engineering, structural, architectural, geological, hydrological, land surveying or soils-related examinations.
- Examination of conditions related to animals, rodents, insects, wooddestroying insects, organisms, mold, and mildew or the damage caused thereby.
- Certain factors relating to any systems, structures, or components of the building, including, but not limited to: adequacy, efficiency, durability or remaining useful life, costs to repair, replace or operate, fair market value, marketability, quality, or advisability of purchase.
- Environmental hazards or conditions, including, but not limited to, toxic, reactive, combustible, corrosive contaminants, wildfire, geologic or flood.
- Dismantling of any system, structure, or component, or perform any intrusive or destructive examination, test or analysis.
- Examining or evaluating fire-resistive qualities of any system, structure or component of the building.
- Systems, structures, or components of the building which are not permanently installed.
- Systems, structures, or components not specifically identified in the written inspection report.
- Common areas, or systems, structures, or components thereof, including, but not limited to, those of a common interest development.
- Examining or evaluating the acoustical or other nuisance characteristics of any system, structure, or component of a building, complex, adjoining properties, or neighborhood.
- Operating or evaluating low voltage electrical, antennas, security systems, cable or satellite television, telephone, remote controls, radio controls, timers, intercoms, computers, photo-electric, motion sensing, or other such similar non-primary electrical power devices, components, or systems.
- Examining or operating any sewage disposal system or component including, but not limited to: septic tanks and/or any underground system or portion thereof, or ejector pumps for rain or waste.
Services for inspecting or evaluating the excluded items listed above may be available from Mr. Shafer for an additional fee or from specialists qualified to inspect or evaluate a particular category or item.
Mr. Shafer is a home inspection generalist and is not acting as an expert in any craft or trade. The inspection report may contain recommendations for further evaluation by an individual other than Mr. Shafer who is qualified as an expert or specialist.
If Mr. Shafer recommends consulting other specialized experts, and if you do so, you, the Client, agree to do so at your own expense. It is your duty and obligation to exercise reasonable care to protect yourself regarding the condition of the subject property, including those facts which are known to you or within the diligent attention and observation of yourself.
CONFIDENTIAL REPORT: The inspection report to be prepared for you, the Client, is solely and exclusively for your own information and may not be relied upon by any other person. You agree to maintain the confidentiality of the inspection report. You may distribute copies of the inspection report to the seller and the real estate agents directly involved in this transaction. You, as our CLIENT AGREE TO INDEMNIFY, DEFEND AND HOLD Mr. Shafer HARMLESS FROM ANY THIRD PARTY CLAIMS ARISING OUT OF YOUR UNAUTHORIZED DISTRIBUTION OF THE INSPECTION REPORT.
SEVERABILITY: Should any provision of this contract be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this contract shall remain in full force and effect, unimpaired by the courts’ holding.
ARBITRATION: Any dispute concerning the interpretation of this Agreement or arising from this inspection and report, except one for inspection fee payment, shall be resolved between the parties by binding arbitration conducted in accordance with the rules of the American Arbitration Association by an arbitrator familiar with the home inspection industry. The parties hereto shall be entitled to all discovery rights and legal motions as provided in the State Code of Civil Procedure. The arbitrator shall apply the substantive and procedural laws of the State to all issues submitted in the arbitration proceeding. The award of the arbitrator shall be final, and a judgment may be entered on it by any court having jurisdiction.
GENERAL PROVISIONS: This inspection contract, the real estate inspection, and the inspection report do not constitute a home warranty, guarantee, or insurance policy of any kind whatsoever. The real estate inspection and inspection report are not a substitute disclosure for real estate transactions which may be required by law. No legal action or proceeding of any kind, including those sounding in tort or contract, can be commenced against Mr. Shafer more than one year from the date you, the Client, discovers, or through the exercise of reasonable diligence should have discovered, the cause of action. In no event shall the time for commencement of legal action or proceeding exceed two years from the date of the subject inspection. THIS TIME PERIOD IS SHORTER THAN MAY OTHERWISE BE PROVIDED BY LAW.
In the event you, the Client, discovers a material defect or other deficiency that was not identified and reported by Mr. Shafer, you shall so notify Mr. Shafer in writing and allow Mr. Shafer and/or Mr. Shafer’s designated representative to re-inspect and document the condition(s) of the material defect or deficiency prior to making any repair, alteration or replacement to said material defect or deficiency.