Home Inspection Authorization - 805 Home Inspections

Please read the contract and sign below. Your electronic signature will be your acceptance of the home inspection agreement between the inspector and you. Please print a copy of the home inspection agreement for your records.

Inspection Authorization and Terms, dated:*
Date Format: MM slash DD slash YYYY

The day this agreement is considered complete.
between this inspector and:*
The full name of the person making this agreement.
to inspect the following address:
The address of the planned inspection.
It is agreed by all that this inspection is to be performed according to the following terms and conditions:
1. 805 Home Inspections will provide the Client a limited-time visual inspection of the following readily accessible and observed pertinent, major elements existing in the structure on the date of inspection: central air conditioning, central heating, interior electric, interior plumbing, foundation, basement, roofing, siding, walls, floors, ceilings, and built-in kitchen appliances. Unless otherwise noted in this Agreement or not possible, 805 Home Inspections will perform the inspection in accordance with the current Standards of Practice (SOP) of the International Association of Certified Home Inspectors (“InterNACHI”), posted at www.nachi.org/sop. You understand that InterNACHI’s SOP contains limitations, exceptions, and exclusions. You understand that InterNACHI is not a party to this Agreement, has no control over us, and does not employ or supervise us. 805 Home Inspections shall have no obligation to repair or replace any items or components of the home found to be defective, whether or not discussed in the 805 Home Inspections written report. Conditions that may exist relating to any legal and/or public records on the home are outside the scope of this inspection. 805 Home Inspections cannot determine during the inspection if the roof leaks or is watertight; ratings given (if any) are based on material condition only. Further, this inspection does not cover code compliance, soil or groundwater contamination, geological, design, adequacy evaluation, or any low voltage wiring. 805 Home Inspections reserves a 5% margin or tolerance. This inspection will include the above elements unless otherwise restricted by the client. At times, conditions may exist and/or there may not have any visible signs to indicate the existence of a component, damaged or otherwise. Such items must be disclosed by the seller of the property. 805 Home Inspections recommends the Client seek the advice of his legal counsel and/or real estate agent to identify items subject to disclosure in additions to those set forth in 805 Home Inspections written inspection report. Home Inspections are performed with consideration given to the age of the structure, items marked functional must in all cases be considered functional for the age of the item. Also, items in non functional condition must be marked as such, even though the condition may be normal for the age. Opinions vary from person to person and the report is the opinion of the inspector and must be considered as such. This report is not a mold or hazardous materials inspection. 2. Payment of the fee entitles client to one original of the written inspection report. Payment is due at the time of the visual inspection. Reports will not be released until payment has processed. Returned or bounced checks will result in an additional fee of $40. Failure to pay for services once an inspection has been completed will result in legal action (Criminal and Civil). The liability of 805 Home Inspections is limited to the terms and conditions as set forth in this contract between 805 Home Inspections and the Client. Client expressly releases 805 Home Inspections from any and all claims arising out of the contract. 3. Client represents and assures 805 Home Inspections that Client has secured all approvals necessary for entry onto the premises to be inspected. Client further agrees to defend, indemnify and hold harmless 805 Home Inspections from demands or claims alleging a trespass upon the premises to be inspected. It is the responsibility of the Client or Agent to ensure the utilities are on at the time of inspection. 805 Home Inspections recommends checking for permits on all additional construction performed on the property after the original construction. 4. This Order Form, with its terms, conditions and disclosures, constitutes the entire agreement between 805 Home Inspections and Client. Both parties agree that there is no representation, statement or agreement not set forth herein or incorporated by reference. No waiver, alteration of modification of this contract shall be valid unless it is in writing and signed by an authorized representative of both parties. This contract shall be construed and governed by the laws of the State of California. For all areas marked outside of good condition, 805 Home Inspections recommends proper attention by the appropriate licensed contractor. 5. LIMITATION ON LIABILITY AND DAMAGES. 805 Home Inspections assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee. If you wish to eliminate this liquidated damages provision, we are willing to perform the inspection for an increased fee of Double the original fee, payable in advance. 6. Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law. 7. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability. 8. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney’s fees incurred in defending that claim. You agree that the exclusive venue for any legal action against InterNACHI itself, allegedly arising out of this Agreement or our membership in InterNACHI, will be in Boulder County, Colorado. Before bringing any such action, you must provide InterNACHI with 30 days’ written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that InterNACHI can evaluate it. In any action against us or InterNACHI, you waive trial by jury. 9. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection. 10. Past-due fees for your inspection shall accrue interest at 8% per month. You agree to pay all costs and attorney’s fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee. 11. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement. 12. You may not assign this Agreement. 13. If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this. 14. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.
I have read and understand the terms and conditions of this contract as set forth on the front of this form. I fully understand that if there is no signature on the line below, this inspection report shall be null and void.*
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E-mail Address:*

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Client Signature - Typing your name here is a legal signature:*
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