THIS AGREEMENT LIMITS OUR LIABILITY
PLEASE READ AND SIGN IT
B-Safe Home Inspections of Illinois, Inc. and you (the Client) understand and agree to the following:
The undersigned B Safe Home Inspections of Illinois, Inc., a locally owned and operated business, will conduct a visual inspection of the property you plan to sell or acquire at the Property Address stated on the attached invoice in a manner consistent with the provisions below.
See attached invoice for the price breakdown of full charge and type of inspection you have agreed to, as well as which B Safe inspector you will have. The fee for the inspection is due upon completion of the physical inspection. A $50.00 fee will be applied to all returned checks and to any invoice outstanding 30 days or more from the time of the inspection (unless pre-approval is given). Any follow-up visit to the inspected Premises shall be a minimum charge of $95.00 due at the time of reinspection.
See the invoice attached for the inspector assigned to your inspection:
MARK = MARK A LUPARELL License # 450011395
TIMK = TIM KEARNEY License # 450000317
JWATT = JUSTIN WATTS License # 450012958
CLIENT acknowledges that his/her presence at the inspection has been requested. CLIENT acknowledges that he/she has been advised of the time and date of the inspection (listed on attached Invoice).
EXCLUSIONS AND LIMITATIONS AND ADDITIONAL TERMS AND CONDITIONS SET FORTH ON FOLLOWING PAGES – PLEASE READ AND SIGN.
B Safe Home Inspections of Illinois, Inc. is only making a visual inspection and following are terms of the inspection and define the inspection:
What is included in a whole house inspection – A limited visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the Premises (the house and one attached or detached garage) existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection. Sheds, outbuildings, and other accessory structures are excluded, unless an additional fee is paid and noted on attached invoice. Installed components included in the inspection are structural system/foundation, exterior, roof system, plumbing system, electrical system, heating system, cooling system (weather permitting), interior, insulation and ventilation, fireplaces and solid fuel burning appliances (if present).
Scope of Inspection. The scope of the inspection is strictly limited as set forth in this Agreement. The parties understand and agree that this inspection will be of readily accessible areas of the building and is limited to visual observations of apparent conditions existing at the time of the inspection only. Latent and concealed defects and deficiencies, including but not limited to, basement flooding, basement seepage and roof leakage, are excluded from this inspection. The parties agree that the Illinois Standards of Practice, 68 Ill. Admin. Code 1410, Sec. 1410.200, as amended, as well as the American Society of Home Inspectorsâ (ASHIâ) Standards of Practice, most current edition, shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. Copies of these standards are available upon request. Where the State of Illinois Standards and the ASHIâ Standards are found to be in conflict, the State of Illinois Standards shall supersede the ASHIâ Standards.
ADDED LINE HIGHLIGHTED BELOW TO BOTTOM OF 1. ITEMS NOT INSPECTED – WANTED THIS AGREEMENT TO COVER TERMITE OR WOOD DESTROYING INSECT REPORT, RADON, IF ATTACHED GARAGE IS PAID FOR ETC…WATER TEST (DONE AT LAB WE ONLY GATHER WATER)….
Unless an additional fee is paid for this type of inspection (B-Safe sometimes does a Termite Inspection etc) and only if noted on attached invoice.
Items Not Inspected. The inspection and report exclude and do not cover those items indicated as “untested” or “not inspected” or the possible presence of or danger from any potentially harmful substances and environmental hazards including, but not limited to, the following items: asbestos; lead paint; formaldehyde; toxic and flammable materials; soil contamination; water testing; termite and pest infestation; water softener and filter system; sprinkler systems; central vacuum systems; telephone systems; intercom systems; security systems; antennas; cable television; doorbells; appliances; playground equipment; swimming pools and pool equipment; spas; energy efficiency measurements; recreational equipment; recreational facilities (boat docks and tennis courts); landscaping; underground storage tanks; underground drainage; irrigation; outdoor grills; low voltage exterior lighting; remote overhead door transmitters and receivers; concealed or underground electric and plumbing; systems which are shut down or otherwise secured; private sewer systems; water wells; chimney draft; heating system accessories; solar heating systems; zoning or other ordinances; and building code conformity. All items indicated as being excluded in the ASHIâ Standards of Practice are also excluded herein. CLIENT understands that these systems and conditions and information about them are excluded from this Inspection and Report. Any general comments which may appear about these systems and conditions are provided as a courtesy only and DO NOT represent or form a part of the Inspection. Unless an additional fee is paid for an additional type of inspection (B Safe sometimes does a termite or wood destroying insect inspection etc).
Third Party Liability. It is understood and agreed that the inspection and report are performed and prepared for the confidential and exclusive use and possession of CLIENT. No other person or entity may rely on the report issued pursuant to this agreement.
Limitation of Liability. It is understood and agreed that in the event of any claim whatsoever against B Safe Home Inspections Of Illinois Inc, it’s employees, inspectors, or other agents, whether based on contract, negligence or other tort, statute, or otherwise, in any way directly or indirectly resulting from or relating to the inspection, the report or performance or nonperformance of services by B Safe Home Inspections Of Illinois Inc, that, any liability of B Safe Home Inspections Of Illinois Inc, it’s employees, inspectors or other agents shall be solely and exclusively limited to the amount of the inspection fee actually paid by CLIENT.
Limitation of Actions. No action shall be maintained by CLIENT against B Safe Home Inspections Of Illinois Inc, or its inspectors or employees unless written notice, sent by certified mail return receipt requested, setting forth that an installed system or component of the Premises which was inspected by the Inspector was not in the condition reported by the Inspector, is delivered by CLIENT to B Safe Home Inspections Of Illinois Inc, within ten (10) business days after the discovery of such defect becomes known to CLIENT. CLIENT agrees that, with the exception of emergency conditions, CLIENT or CLIENT’S agents, employees or independent contractors will make no alterations, modifications or repairs to the claimed discrepancy prior to a reinspection by the Inspector or B Safe Home Inspections Of Illinois Inc,. Furthermore, any action must be commenced by CLIENT within one (1) year after the date of the Inspection or will be deemed waived and forever barred.
Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes any and all prior agreements between the parties. CLIENT agrees that any representation, promise, condition, or warranty, express or implied, not included in this Agreement shall not be binding on any party.
It is mutually understood and agreed that all provisions herein are severable and that, in the event that any of them shall be held to be invalid, any competent court may modify or reform any such provisions to make it enforceable and that the remaining provisions hereof shall nevertheless be valid and binding
The rights and obligations under this Agreement may not be assigned by any of the parties hereto without the prior written consent of the other party.
Secondary or Consequential Damages – Secondary or Consequential damages are excluded.
THE INSPECTION REPORT DOES NOT CONSTITUTE A WARRANTY, AN INSURANCE POLICY, OR A GUARANTEE OF ANY KIND. THE INSPECTION REPORT REFLECTS AN OBSERVATION OF CERTAIN LISTED ITEMS OF THE PROPERTY AS OF THE DATE AND TIME OF THE INSPECTION AND IS NOT A LISTING OF REPAIRS TO BE MADE. THE INSPECTION REPORT IS NOT INTENDED FOR — USE AS A GUIDE IN RE-NEGOTIATING THE SALES PRICE OF THE PROPERTY, NOR SHOULD IT BE CONSTRUED AS AN OPINION OF THE VALUE OF THE PROPERTY. THE SELLER MAY OR MAY NOT BE REQUIRED TO REPAIR DEFICIENCIES REFLECTED IN THIS INSPECTION REPORT, AND THAT DETERMINATION SHOULD BE MADE BY YOU, THE SELLER, YOUR REAL ESTATE AGENT (S), AND YOUR ATTORNEY. WE RECOMMEND THAT YOU ATTEND THE ACTUAL INSPECTION.
Inspection Agreement Revised 2-2008
EXCLUSIONS AND LIMITATIONS SET FORTH – PLEASE READ IT.