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Terms and Conditions

This inspection agreement contains the terms and conditions of your (the “Client”) contract with Shivers Superior Home Inspection, LLC (the “Company”) for an inspection. This Inspection Agreement contains limitations on the scope of the Inspection, remedies and liability. Please read it carefully. By agreeing to an inspection, Client represents and warrants that Client has secured all approvals necessary for the Company to conduct the Inspection of the Property. Client also warrants they will read the entire Inspection Report when received and shall promptly call with any questions or concerns, clients may have regarding the Inspection Report. This inspection is being performed for the exclusive use and benefit of the Client, and the Inspection, including the written Report, is not to be transferred to, utilized or relied upon by any other person or entity without the prior written permission of the Company.

 

1. STANDARDS OF INSPECTION: The home inspection shall be performed in accordance with the current Georgia Conference of Home Inspectors code of ethics. The Standards are available online at: https://static1.squarespace.com/static/567a2893e0327c3145bf7335/t/56ac4369f699bbf7c7bfab12/1454130025853/Code+of+Ethics.pdf.

 

2. LIMITATIONS, EXCEPTIONS, AND EXCLUSIONS: The Inspection only includes those systems and components expressly and specifically identified in the Inspection Report. In addition, an area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings or any other fashion is excluded. The Inspection does not include any destructive testing or dismantling. The following systems and components and areas are among those not included in the Inspection or Inspection Report:

A. Latent or concealed defects, compliance with code or zoning ordinances or permit research or system or component recalls. B. Geological, soil, wave action or hydrological stability, survey, engineering issues, analysis or testing.

C. Private water, sewage systems, water softeners or purifiers, radiant heat systems or solar heating systems. Pools, spas, hot tubs, saunas, steam baths, fountains or other types of or related systems and components. Repair cost estimates or building value appraisal.

D. Thermostatic or time-clock controls, radio controlled devices, automatic gates or elevators, lifts, low voltage lights.

E. Freestanding appliances and gas appliances such as fire pits, barbecues, heaters, and lamps. Main gas shut off valve. Any gas leaks. Furnace heat exchangers.

F. Seismic safety, security or fire safety systems or security bars and/or safety equipment.

G. Any adverse condition that may affect the desirability of the property including but not limited to proximity to railroad tracks or airplane routes, boundaries, easements or rights of way, adjoining properties or neighborhood.

H. Unique/technically complex systems or components, system or component life expectancy or adequacy or efficiency of any system or component.

 

 

3. DISCLAIMER OF WARRANTY THE COMPANY EXPRESSLY DISCLAIMS, WITH RESPECT TO THE INSPECTION AND INSPECTION REPORT, ANY EXPRESS OR IMPLIED WARRANTIES, AND WARRANTIES OF MERCHANTABILITY, AND ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. The Client understands that the Inspection and Inspection Report does not in any way constitute a guarantee or insurance policy. Additionally, neither the Inspection nor Inspection Report are substitutes for any real estate transfer disclosures which may be required by law. This inspection is to reduce the risk of finding a potential problem, not to eliminate them. We are not a home warranty company nor do we carry insurance on warranty claims. If the client believes the inspector has omitted an item the client feels should have been inspected the client agrees to notify the inspector in writing of the alleged omission within one week of their discovery of the item(s) and agrees to allow the inspector a reasonable opportunity to re-inspect or address the alleged omission prior to any repairs being performed. Failure on behalf of the client to notify the inspector in writing and grant the inspector a reasonable opportunity to re-inspect the alleged omitted item(s) is admission by the client that the condition did not exist at the time of the inspection and shall constitute a remiss, full release, and forever discharge inspector/company from all manner of, actions, causes of actions, suits, proceedings, debts, dues, judgements, damages, claims, and demands whatsoever in law or equity.

 

 

4. LIMITATIONS ON LIABILITY THE LIABILITY OF THE COMPANY AND OF THE HOME INSPECTOR FOR MISTAKES OR OMISSIONS IN THE INSPECTION REPORT IS LIMITED TO A REFUND OF THE FEE PAID FOR THIS INSPECTION AND REPORT. THIS LIMITATION APPLIES TO ANY PERSON WHO SUFFERS ANY LOSS, PERSONAL INJURIES OR PROPERTY DAMAGE FROM MISTAKES OR OMISSIONS DUE TO OR RELATING TO THE INSPECTION OR INSPECTION REPORT. CLIENT EXPRESSLY ASSUMES THE RISK OF ALL LOSSES AND DAMAGES GREATER THAN THE FEE PAID FOR THE INSPECTION AND AGREES TO ACCEPT A REFUND OF THE FEE PAID FOR THE INSPECTION AS FULL SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE COMPANY AND/OR THE HOME INSPECTOR. ALL CLAIMS MUST BE SUBMITTED WITHIN ONE YEAR OF THE DATE OF THE INSPECTION.

 

 

5. RECEIPT OF REPORT: The Company’s agreement to perform the Inspection is contingent on Client’s agreement to the provisions, terms, conditions, and limitations of this Agreement. Once a client agrees to an inspection that notifies the company that he or she has read the terms and condition prior to or at the time the written Inspection Report is provided to the Client and Client objects to any of the terms of this Agreement, Client shall return the written Inspection Report to the Company within seven (7) days and any fee that has been paid will be refunded to the Client. Failure to return the written Inspection Report and payment of the fee shall constitute the full acceptance of the terms of this Agreement by Client.

 

 

6. ENTIRE AGREEMENT, MODIFICATION & 3rd PARTIESThis Agreement represents the entire agreement between the parties. No oral agreements, understandings, or representations shall be enforceable against any party unless such agreement, understanding, or representation is in writing, signed by the parties, and supported by valid consideration. This agreement shall be binding upon and inure to the parties hereto and their respective spouses, heirs, executors, administrators, successors, assigns, affiliates, and legal representatives. The parties intend that there are no intended third-party beneficiaries to this agreement.

 

 

7. PAYMENT: Payment in full is due before the initiation of the inspection. The client is responsible for a 10% deposit that is non-refundable to ensure their scheduled appointment.