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Pre-Inspection Agreement

Inspection Agreement

Inspection Company: Rigid Inspections, LLC

Client Name: {{CLIENT_NAME}}

Property Address: {{ADDRESS}}

Please read carefully – This is a legally binding agreement that limits our liability.

THIS AGREEMENT is made and entered into by and between Rigid Inspections, LLC referred to as “Inspector”, and {{CLIENT_NAME}}, referred to as “Client”.

In consideration of the promise and terms of this Agreement, the parties agree as follows:

1. The client will pay the sum of ${{PRICE}} for the inspection of the “Property”, being the residence, and garage or carport, if applicable, located at {{ADDRESS}}.

2. The Inspector will perform a visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection.

3. The parties agree that the “Illinois 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. If the State/ Province where the inspection is performed imposes more stringent standards or administrative rule, then those standards shall define the standard of duty and the conditions, limitations, and exclusions of the inspection.

4. The parties agree and understand 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 are 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. This clause may be contrary to local law. Please verify applicability. Not valid in State/ Province of WI, MA, CA.

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, OR SYSTEM.

6. If Client is married, Client represents that this obligation is a family obligation incurred in the interest of the family.

7. This Agreement, including the terms and conditions on the reverse side, 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. This Agreement shall be construed and enforced in accordance with the laws of the State/ Province of Illinois, and if that State/ Province laws or regulations are more stringent than the forms of the agreement, the State/ Province law or rule shall govern.

Agents Name: {{AGENT_NAME}}

Inspector’s Signature: {{INSPECTOR_NAME}} Date: {{INSPECTION_DATE}}

Inspector’s Address: 36 N. Lincoln Ave. Cottage Hills Illinois 62018 License/Certification #: 450.011629

Client agrees to release reports to seller/buyer/real estate agent

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; pool/spa water purification systems (ozone generator/saltwater, etc.); underground storage tanks, energy efficiency measurements; motion or photo-electric sensor lighting; concealed or private secured systems; water wells; all overflow drains; heating systems accessories; solar heating systems; heat exchangers; sprinkling systems; water softener or purification systems; central vacuum systems; telephone, intercom or cable TV systems; antennae, lightning arrestors, load controllers; trees or plants; governing codes, ordinances, statutes, and covenants; and manufacturer specifications, recalls, and EIFS. Client understands that these systems, items, and conditions are excepted 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. Thermal imaging (also known as thermography and infrared or IR technology) is an emerging technology that may allow the inspector to show you things about your home that no one can show you using other inspection methods. Thermal imaging produces images of invisible heat energy emitted from objects and systems in the home and allows me to measure it. Thermal imaging may help diagnose the problem rather than merely identify symptoms and can sometimes, but not always, identify and document: electrical faults before they cause a fire; overloaded and undersized circuits; circuit breakers in need of immediate replacement; missing, damaged and/or wet insulation; heat loss and air infiltration in walls, ceilings, floors, windows and doors; water and moisture intrusion that could lead to mold; possible pest infestation; hidden roof leaks (before they cause serious damage); air-conditioner compressor leaks; under-fastening and/or missing framing members; structural defects; broken seals in double-pane windows; energy loss and loss of system efficiency; dangerous flue leaks; damaged and/or malfunctioning radiant heating systems; unknown plumbing leaks; and overheated equipment. The color images produced can then be included in the inspection report to provide supporting documentation. One picture is worth a thousand words.

10. Inspector’s liability for any damages allegedly arising out of any aspect of the thermal imaging service shall be limited to the additional amount paid for the thermal imaging scan. Client voluntarily waives any claim for consequential, exemplary or incidental damages to the fullest extent allowed by law.

11. The thermal imaging scan will be limited in scope to the equipment used by inspector. The inspection will be a non-invasive and non-destructive examination of the visible and safely and readily accessible portions of the interior and/or exterior of the structure for atypical temperature/thermal variations. NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING FUTURE USE, HABITABILITY, OPERABILITY, SUITABILITY, OR MERCHANTABILITY WITH RESPECT TO THE SUBJECT PROPERTY ARE PROVIDED.

12. Thermal imaging services do NOT include any inspections, examinations, testing or evaluations for harmful, dangerous, or toxic substances or materials or environmental hazards including but not limited to: mold; bio-aerosols; radon; lead; asbestos; non-biological airborne particulates; contaminants; petroleum products; petrochemicals; radioactive materials; electromagnetic radiation; or plant, animal, or insect secretions or excretions.  Infrared cameras are not moisture meters but can aid in identifying areas that warrant further investigation.  If inspector offers any information or opinions about any of the foregoing, this information shall be deemed to be informational only and supplied as a courtesy to the client and shall not be deemed to be an amendment to this agreement.

13. Client agrees to indemnify and hold harmless inspector, its agents, employees and inspectors for the presence of any harmful, dangerous or toxic substances or materials or environmental hazards, including, but not limited to, those listed in part 12 of this agreement, as well as for any and all damages and liability for any mitigation, construction, or any other costs associated with the presence of any such hazards or substances or materials.

14. If client desires to obtain information regarding the presence of any harmful, dangerous or toxic substances or materials or environmental hazards including, but not limited to, those listed in part 12 of this agreement, it is solely the responsibility of the client to contact and engage the services of qualified individuals or companies that specialize in the areas of specific interest or concern.

15. 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.

16. 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.

17. 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 not in the condition reported by the Inspector, the Client agrees to notify the Inspector at least 72 hours prior to repairing or replacing such system or component. The Client further agrees that the Inspector is liable only if there has been a complete failure to follow the standards adhered to in the report or State/Province law. Furthermore, any legal action must be brought within two (2) years from the date of the inspection, or will be deemed waived and forever barred.

18. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation 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 first to a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH MEDIATION AND BINDING ARBITRATION.

19. This inspection does not determine whether the property is insurable.

DEFINITIONS

1. Apparent Condition: Systems and components are rated as follows:

Maintenance Item – Indicates a lower priority item that should be fixed but is not in need of immediate attention.

Recommend Improvement – Indicates a medium priority item that I recommend fixing.

Safety/Major Concern – Indicates a high priority item that is unsafe and/or major concern in need of immediate attention.

2. Installed systems and components: structural components; exterior; interior; roofing; plumbing; electrical; heating; central air-conditioning (weather permitting); insulation and ventilation.

3. Readily accessible systems and components: only those systems and components where Inspector is not required to remove personal items, furniture, equipment, soil, snow, or other items which obstruct access or visibility.

4. Any component not listed as being deficient in some manner is assumed to be satisfactory.

Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged. This report adheres to the Illinois Standards of Practice, which is available upon request.

{{CLIENT_NAME}} {{CURRENT_DATE}}

I hereby acknowledge receipt, reading and full understanding of this agreement.