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This is the Content of our Contract - less the signatures and dates.
The format and appearance will change inside the actual report.
THIS AGREEMENT is made and entered into by and between Technical Home Inspection Services, referred to as "Inspector".
1. The client will pay the TOTAL FEES for the inspection of the “Property”, being the building(s), residence, and attached garage or carport, if applicable, located at the Address Above.
2. You, our Client have requested the services of a generalized property inspection in accordance with “The Arizona Standards of Professional Practice”.
We as Technical Home Inspection Services have agreed to enter into this service in contract with you because of your request.
Inspections performed in accordance to the guidelines held in the Standards are a visual, nontechnically exhaustive structural and component analysis, and will not identify concealed conditions or defects.
A generalized inspection such as this is set apart from those of a specialized or technically exhaustive nature – however – our services are very thorough and will provide you with a better understanding of the condition of the property you are purchasing.
In purchasing the property, we trust that you made an on-site personal examination of the property prior to writing an offer and addressed issues you saw when writing the contract.
The purpose of the generalized inspection such as this is much like a trip to the doctor’s office; to “kick the tires” as it were – to get an overall checkup.
By design our services as performed in the Standards and Code of Ethics are to identify significant defects or conditions that would require a specialized evaluation.
For this purpose, it is important for you are aware of the limitations of this kind of inspection, which are clearly defined in the standards. Our services are not intended to focus on cosmetic issues that are clearly visible or locate issues that are not congruent to the purpose of the standards.
ARIZONA STANDARDS OF PROFESSIONAL PRACTICE For Arizona Home Inspectors – GENERAL LIMITATIONS AND EXCLUSIONS:
Inspections done in accordance with these Standards are visual, not technically exhaustive and will not identify concealed or latent defects.
These Standards are applicable to buildings with four or less dwelling units and their garages or carports.
General exclusions:
Inspectors are NOT required to report on:
Life expectancy of any component or system.
The causes of the need for a major repair.
The methods, materials or cost of corrections.
The suitability of the property for any specialized use.
Compliance or non-compliance with applicable regulatory requirements.
The market value of the property or its marketability.
The advisability or inadvisability of purchase of the property.
Any component or system, which was not observed.
The presence or absence of pests such as wood destroying organisms, rodents or insects.
Cosmetic items, underground items, or items not permanently installed.
Inspectors are NOT required to:
Offer warranties or guarantees of any kind.
Calculate the strength, adequacy, or efficiency of any system or component.
Enter any area or perform any procedure, which may damage the property or its components or be dangerous to the inspector or other persons.
Operate any system or component, which is *shut down or otherwise inoperable – unless given release/ permission to do so by the Realtors’, Sellers’ – or Responsible Party – who will then Accept All Liability for this decision.
*Inspector’s Note: This includes items or components that are NOT PLUGGED IN or are INACTIVE, NOT IN USE.
The Property is to be Ready – For – Inspection, to this – We Inquire Specifically during the Scheduling and Confirmation of Your Inspection.
Any item *NOT ACTIVATED (and that cannot be verified as to the cause or reason) MAY CAUSE INJURY
(or death), AND DAMAGE TO THE PROPERTY, SYSTEM or COMPONENTS.
Operate any system or component, which does not respond to normal operating controls.
Disturb insulation, move personal items, furniture, equipment, plant life, soil, snow, ice, or debris, which
Obstructs access or visibility.
Determine the presence or absence of any suspected hazardous substance including but not limited to toxins, fungus, molds, mold spores, carcinogens, noise, contaminants in soil, water, air.
Determine the effectiveness of any system installed to control or remove suspected hazardous substances.
Predict future conditions, including, but not limited to failure of components.
Project operating costs of components.
Evaluate acoustical characteristics of any system or component.
Note that a full SOP is available on our website at www.bulletproofinspections.com
3. The parties agree that the “Standards of Practice” (the “Standards”) shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein.
4. The parties understand and agree that the Inspector and its employees and its agents assume no liability or responsibility for the costs of repairing or replacing any unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. If repairs or replacement is done without giving the Inspector the required notice, the Inspector will have no liability to the Client. The client further agrees that the Inspector is liable only up to the cost of the inspection.
5. The parties agree and understand the Inspector is not an insurer or guarantor against defects in the structure, items, components or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, ORSYSTEM.
6. If Client is married, Client represents that this obligation is a family obligation incurred in the interest of the family.
7. It is Understood that the Inspector is not required to enter any space with less than 36 inches clearance.
8. This Agreement, including the terms and conditions included herein, represents the entire agreement between the parties and there are no other agreements either written or oral between them. This Agreement shall be amended only by written agreement signed by both parties.
Client or Designated Representative has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged. Client acknowledges receipt of the standards of practice, which applies.
Client agrees to release reports to Seller/Buyer/Realtor®: ☐ Yes ☐ No
ADDITIONAL TERMS, CONDITIONS AND LIMITATIONS:
8. Systems, items, and conditions which are not within the scope of the building inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, other environmental hazards; pest infestation; security and fire protection systems; household appliances; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational equipment or facilities; underground storage tanks, energy efficiency measurements; concealed or private secured systems; water wells; heating systems accessories; solar heating systems; sprinkling systems; water softener; central vacuum systems, telephone, intercom or cable TV systems; antennae, lightning arrestors, trees or plants; governing codes, ordinances, statutes and covenants and manufacturer specifications. Client understands that these systems, items and conditions are accepted from this inspection. Any general comments about these systems, items and conditions of the written report are informal only and DO NOT represent an inspection.
9. The Inspection and report are performed and prepared for the sole and exclusive use and possession of the Client. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this Agreement, makes any claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this Agreement, the Client agrees to indemnify, defend and hold harmless Inspector from any and all damages, expenses, costs and attorney fees arising from such a claim. The Inspection will not include an appraisal of the value or a survey. The written report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.
9. All Photos taken during the inspection are the intellectual property of Technical Home Inspection Services of Safford, Arizona – owned and operated by Brian “Bullet” and Linda Tromblay.
10. All Data gathered at the property – for the specific purpose of, and specifically related to the inspection process are the intellectual property of Technical Home Inspection Services of Safford, Arizona – owned and operated by Brian “Bullet” and Linda Tromblay.
11. Personal information of any party related to the transactions’ regarding this property are deemed and protected as confidential, we will not sell, release or transmit any information related to the transaction of this property that is not contractually allowed.
14. In the event of a claim by the Client that an installed system or component of the premises which was inspected by the Inspector was neglected 101% in the condition reported by the Inspector, the Client agrees to notify the Inspector via Certified Mail or Courier – in Writing – and Confirm Receipt Personally at least 15 days prior to repairing or replacing such system or component. Voicemail and Email are NOT ACCEPTABLE Forms of Notification or Receipt / Confirmation. The Client further agrees that the Inspector is liable only to the total cost of the inspection, and only if there has been a complete failure to follow the standards adhered to in the report or Standards of Practice. Furthermore, any legal action must be brought within one (1) year from the date of the inspection or will be deemed waived and forever barred.
15. This inspection does not determine whether the property is insurable.
16. Exclusions of systems normally inspected and reason / cause:
Technical Home Inspection Services (T.H.I.S.) agrees to conduct this inspection for the purpose of informing the customer of major deficiencies in the property located at the address above.
1. The Report that is produced is the property of the Inspector and the Customer and shall not be used or transferred to any other person or company without both the Inspector’s and the Customer’s Written Consent for the duration of the active contract between the Customer listed above and the Real Estate Company or Owner of the property.
2. Inspector accepts no liability for use of the Inspection Report by Third Parties.
3. Legal Access to the Home with ALL UTILITIES and COMPONENTS’ is to be VERIFIED as ACTIVE PRIOR TO OUR ARRIVAL- with ALL Pilot Lights to be Lit to the ENTIRE PROPERTY; these will be provided to the Inspector for the purpose of performing a complete or partial inspection. The type and extent of the inspection is determined by our Client’s request for services.
4. FEES will be incurred FOR DELAYS by the Person or Persons’ Responsible for the Property and the Readiness of the Inspection. (i.e. Listing Agent, Owner, Buyer, Relocation Company)
a. It is Not the Responsibility of the Inspector or Inspection Company to Activate or Verify the ACTIVE STATUS or Condition of the Property and Major Components’.
5. Inspector WILL NOT Light Gas Appliances; Turn on Main Electrical or separate Circuit Breakers or Fuses, or operate any other controls other than user controls that are normally operated by building occupants’.
6. The purpose of this inspection is to identify and disclose “VISUALLY OBSERVABLE” major deficiencies of the inspected systems as defined in the Standards Of Professional Practice for Arizona Home Inspectors – at the time of Inspection only. Detached buildings – other than the carport or garage, sprinkler systems, water treatment – equipment, security systems, property lines and code compliance are not included.
7. Environmental Inspection Services are not included.
8. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation or any other theory of liability arising out of, from or related to, this contract, or arising out of, from or related to the inspection or inspection report shall be submitted to final and binding arbitration under the Expedited Arbitration Rules of the Home Inspection Disputes of Construction Arbitration Services, Inc. The arbitrator assigned should have knowledge of the home inspection industry with at least (5) years Home Inspection Experience. The cost of the arbitration will be the responsibility of the filing party. The decision of the arbitrator appointed there under shall be final and binding and judgment of the award may be entered into any Court of competent jurisdiction.
9. The Physical on-site inspection is a valuable time of exchange of information between the Inspector and You, our Customer. *Be advised that any undue delays created by anyone tha would extend our inspection time beyond 3.5 hours (other than the Inspector's need to extend time to evaluate the property) will incur Fees as noted on the Services and Fees Page of this website. Any particular concerns of the Customer should be brought to the attention of the Inspector before the inspection begins, (Any questions or concerns at this time?). The written report cannot substitute for the Customers personal presence during the Inspection; however, our services are very thorough and will address all visible and accessible components and conditions of the home.
We will provide a computerized or written report (*usually between 72 to 96 hours following the END time of the inspection, based on schedules and availability of either party. Technical Delays sometimes occur.), that is in full compliance to the Arizona Board of Realtors in relation and adherence to the Standards of Practice, Code of Ethics and within the Scope of Inspection set by The Arizona Board of Technical Registration and ASHI.
*A Summary of Conditions’ is Accepted to Perform BINSR Activities if Time Restrictions’ or Unforeseen Complications’ Arise.
The undersigned customer has read, understands and accepts the terms and conditions of this agreement.
We perform only those services that were discussed at the time of scheduling – in regards to this property, at this time, (changes to perform additional inspections can create a scheduling conflict with other appointments).
** Delays or Return Evaluations will Incur Fees – Fees will be Paid by the Responsible Party, (i.e. – Reason for Delay.)
➡Two OPTIONS Exist for unmentioned / overlooked items:
One: It is agreed that we have performed our inspection services in accordance to our agreement, and are finished; the unmentioned / overlooked items will not be evaluated.
Two: It is agreed that we will schedule a return appointment to this address and inspect the unmentioned / overlooked items.
*Applicable Inspection Service and Return Fees apply and are due today. Are there additional items: Yes / No
It is agreed, that the additional fee for the item will be added to and collected for at this time.
It has been confirmed prior to this Inspection that payment is due as invoiced, unless other arrangements are agreed upon at the time of your request for our services.
Payment of this invoice is due on or before the time of inspection unless requested and agreed upon at the time of scheduling or confirming the scheduled appointment.
Billing to Close of Escrow is ONLY ALLOWED WHEN REQUESTED AT THE TIME OF SCHEDULING:
*Payment is received 5 to 30 Days following the inspection: Add $125.00
31 to 40 Days Add $155.00
41 to 60 Days (Max. Allowed) Add $175.00
Delayed or Deferred Payments will be charged in – addition – to the inspection fees, a minimum of $155.00 per month until payment is received in full, or other arrangements are agreed upon in writing.
Returned Checks: ** $175.00
** Plus all applicable charges assigned to our banking account – that are directly related to the payment that was returned.
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