(Please Read Carefully)
In consideration of payment of the inspection fee set forth below, Bayer Inspections LLC. (Bayer) agrees to conduct an inspection and prepare a written Inspection Report (Report) to alert the Client of any major deficiencies in the property’s condition in the following areas: structural condition; electrical, plumbing, hot water heater, heating and air conditioning; quality, condition and life expectancy of major systems and appliances; basement, including water problems; Kitchen and appliances; general interior, including ceiling, walls, floors, insulation and ventilation; general exterior, including roof, gutter, chimney; drainage and grading, of the lot. Bayer performs the inspection and prepares the report for the sole, confidential and exclusive use and possession of the CLIENT.
Client understands and agrees that the inspection will be of the readily accessible areas of the property and is limited to visual observation of apparent conditions existing at the time of the inspection only. Excluded from the inspection are latent and concealed defects and deficiencies. Equipment, systems or other items will not be dismantled during inspection.
Bayer will perform the inspection in accordance with the standards of practice of the American Society of Home Inspectors, which is incorporated herein by reference. A copy of these standards is on file at Bayer’s office. The inspection will be completed at the location designated on the inspection conditions page of the report. All inspection information will be conveyed to the Client or the Client’s representative in the report. Bayer accepts no responsibility for use or misrepresentation by third parties of the inspection or the report.
Maintenance and other items may be discussed, but they are not part of the inspection. The inspection is not a compliance inspection of certification for past or present governmental codes or regulations of any kind.
The inspection and report do not address and are not intended to address the possible presence of, or danger from, any potentially harmful substances and environmental hazards including, but not limited to: mold in the air and carpet, radon gas, lead in paint, lead in water, asbestos, urea formaldehyde and toxic or flammable chemicals. Also excluded are inspections of and reports concerning swimming pools, wells, septic systems, central vacuum systems, water softeners or sprinkler systems, and presence or absence of rodents, termites, or other insects.
If the Client believes that the inspection or report are deficient or inaccurate, then Bayer reserves the right to re-inspect visually the alleged deficiency and inaccuracies before the Client takes any step to remedy same. Within fourteen (14) days of the inspection, Client shall give written notice of the alleged deficiency to Bayer. The notice shall state the alleged deficiency and the grounds or basis for the allegations that the deficiency exists.
The parties agree that Bayer, its employees and agents assume no liability or responsibility for the cost of repairing or replacing any unreported defects or deficiencies that are either current or arising in the future, or for any property damage, consequential damage or bodily injury of any nature. THE INSPECTION AND REPORT ARE NOT INTEDED TO BE USED AS A GUARANTEE OR WARRANTY, EITHER EXPRESS, OR IMPLIED, REGARDING THE ADEQUACY, PERFORMANCE OR CONDITION OF ANY INSPECTION, ITEM OR SYSTEM.
Client understands and agrees that if Bayer, it’s agents or employees are found liable for any loss or damage resulting from a failure to perform any of the obligations under this agreement including, but not limited to negligence, breach of contract, or otherwise, then the liability of Bayer, it’s agents or employees shall be limited to the amount of the inspection fee paid by Client.
Any dispute, controversy, interpretation of claim of any kind arising out of, from, or related to, the inspection, this Agreement, or the inspection report, or the services provided in relation to this Agreement shall be submitted to mediation. The parties agree that a member of the Midwest Pro-ASHI Chapter of the American Society of Home Inspectors (ASHI) shall act as the mediator. The mediator’s fees shall be borne equally by the parties.
Should the parties fail to reach an agreement through mediation, then the claim shall be submitted to arbitration for the final solution. The parties agree that a member of the Midwest Pro-ASHI Chapter of ASHI shall act as the arbitrator. The arbitrator’s fees shall be borne equally by the parties.
This Pre-Inspection Agreement represents the entire agreement between the parties and incorporate by reference the above referenced Cover Sheet, and Standards of the American Society of Home Inspectors. Changes or modifications to this agreement shall be in writing and signed by the parties. This agreement shall inure to the benefit only to the parties signing this agreement, and shall not inure to the benefit of any successor or assign of either party.
Acceptance and understanding of this agreement are hereby acknowledged on this ____ day of __________, in the year 2019.
By: _______________________ By: __________________________ Total Fee: $ ______________
Bayer Home Inspections Inc. Client/Agent
Client’s E-Mail: _______________________________________
Form of Payment: Visa_____ MasterCard_____ Discover_____ Check #_______ Cash____.
Radon Testing: __________________ Fee: $125.00