HouseGuard of America Inc. (HouseGuard) agrees to conduct an inspection for the purpose of informing the Client of major deficiencies in the conditions of the property, subject to the Unconditional Release and Limitation of Liability below. The inspection and report are performed and prepared for the sole, confidential and exclusive use and possession of the Client. The written report will only include the following:
-Structural condition and basement -Electrical, plumbing, water heater, heating and cooling -Quality and condition of major systems -Kitchen and appliances -General interior, including ceilings, walls, windows, insulation and ventilation -General exterior, including roof, gutter, chimney, drainage, grading
It is understood and agreed that this inspection will be of readily accessible areas of the building and is limited to visual observations of apparent conditions existing only at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection; equipment, items, and systems will not be dismantled.
Maintenance and other items may be discussed, but they are not a part of the inspection. The report is not a compliance inspection or 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 radon gas, lead paint, asbestos, mold, mildew, urea formaldehyde, toxic or flammable chemicals, and water and airborne hazards. Also excluded are inspections of and reports on swimming pools, wells, septic systems, security systems, central vacuum systems, water softeners, sprinkler systems, fire and safety equipment, and the presence or absence of rodents, termites and other insects.
Home inspectors are licensed by the NYS Department of State. Home inspectors may only report on readily accessible and observed conditions as outlined in this Pre-inspection Agreement, Article 12B of the Real Property Law and the regulations promulgated thereunder including, but not limited to, the Code of Ethics and Regulations and the Standards of Practice as provided in Title 19 NYCRR Subparts 197-4 and 197-5 et seq. Home inspectors are not permitted to provide engineering or architectural services.
If immediate threats to health and safety are observed during the course of the inspection, the Client hereby consents to allow the home inspector to disclose such immediate threats to health and safety to the property owner and/or occupants of the property.
Unconditional Release and Limitation of Liability:
It is understood and agreed that HouseGuard is not an insurer and that the inspection and report are not to be intended or construed as a guarantee or warranty of the adequacy, performance, or condition of any structure, item, or system at the property address. The Client hereby releases and exempts HouseGuard and its agents and employees of and from all liability and responsibility for the cost of repairing or replacing any unreported defect or deficiency and for any consequential damage, property damage, or personal injury of any nature.
In the event Client discovers a material defect or any other deficiency that was not identified and reported by HouseGuard, Client shall so notify HouseGuard in writing and allow HouseGuard and/or HouseGuard's designated representative to re-inspect and document the condition(s) of the material defect or deficiency prior to making any repair, alteration or replacement to said material defect or deficiency.
Client understands and agrees that any failure to timely notify HouseGuard and allow adequate time to investigate and re-inspect as stated above shall constitute a complete bar and waiver of any and all claims the Client may have against HouseGuard related to the alleged act, omission or claimed condition.
In the event that HouseGuard and/or its agents or employees are found liable due to breach of contract, breach of warranty, negligence, negligent misrepresentation, negligent hiring or any other theory of liability, then the liability of HouseGuard and its agents and employees shall be limited to a sum equal to the amount of the fee paid by the Client to HouseGuard for the inspection and report.
Client and HouseGuard agree that should a court of competent jurisdiction determine and declare that any portion of this Agreement is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect.
Acceptance and understanding of this agreement are hereby acknowledged.
