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YOUR INSPECTION AGREEMENT

Inspection Authorization and Terms, dated (*)
(The day this document is considered complete.),


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Between this inspector and (*)

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To inspect the following address (*)


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The Parties Understand and Voluntarily Agree as follows


  • SUBJECT HOUSE: CLIENT requests a limited visual inspection of the residential structure identified at the above address by Hero Home Inspector, hereinafter collectively referred as the “INSPECTOR”; and CLIENT hereby represents and warrants that all approvals necessary have been secured for INSPECTOR’s entrance to the property. CLIENT warrants: (a) they have read the following Agreement carefully, (b) they understand they are bound by all the terms of this contract, and (c) they will read the entire inspection report when received and promptly call the INSPECTOR with any questions they may have.
  • INSPECTOR agrees to perform a limited visual inspection of the home/building and to provide CLIENT with a written report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller’s disclosure and is a written opinion as to the apparent general condition of the structure’s components and systems, including identification of significant observable deficiencies, as they exist at the time of inspection. The inspection ONLY includes those systems and components expressly and specifically identified in the inspection report. Any area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing or any other thing, or those areas/items which have been excluded by Oregon Administrative Rules, Division 8 (specifically Sec. 812-008-0204) standards and/or by agreement of the parties is not included in this inspection.
  • Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Oregon Construction Contractor Board (CCB) Home Inspector Standards of Behavior and
  • Standards of Practice Administrative Rules. The CLIENT understands that these Standards of Practce and Standards of Behavior contain limitations, exceptions, and exclusions. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold.  Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes.
  • The inspection does not include any excavation, destructive testing or dismantling. No excavation to determine depth of foundations below ground level will be performed. Systems, components, utilities, (water valves, electrical breakers, gas valves, pilot lights, utilities, etc.), which have been made inoperable or are turned off at the time of the inspection, will not be turned on by the inspector, and therefor not inspected, as the inspector has no knowledge regarding the reason why the system has been made inoperable. 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, Chinese drywall, security and fire protection systems; household appliances; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational equipment or facilities; underground storage tanks, energy efficiency measurements; concealed or private secured systems; water wells; heating systems accessories; solar heating systems; sprinkling systems; water softener; central vacuum systems, telephone, intercom or cable TV systems; antennae, lightning arrestors, trees or plants; governing codes, ordinances, statutes and covenants and manufacturer specifications. CLIENT understands that these systems, items and conditions are exempted from this inspection. Any general comments about these systems, items and conditions on the written report are informal only and DO NOT represent an inspection. This inspection does not routinely include a wood destroying organism (“pest and dry rot”) report.
  • CLIENT understands that the inspection and inspection report are performed and prepared for their sole, confidential and exclusive use. CLIENT gives the INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. CLIENT agrees that they will not transfer or disclose any part of the inspection report to any other person with these exceptions ONLY: (a) One copy may be provided to the current seller(s) of the property, but only upon the express condition that the seller(s) covenant to use the inspection report only in connection with CLIENT’s transaction and agree not to transfer or disclose the report to any persons other than their real estate agent;  (b) one copy may be provided to the real estate agent representing CLIENT and/or a bank, or other lender for use in CLIENT’s transaction only; and (c)  a copy may be provided by order of a court of competent jurisdiction in the event of a litigation proceeding. In the latter case, CLIENT agrees to recompense Company for additional labor involved in providing such documentation, at a rate of $95.00 per hour plus cost of supplies. CLIENT agrees to indemnify, defend and hold harmless Company from any third party claims relating to this inspection or inspection report. 
  • INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing.
  • In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) written notification of adverse conditions within 14 days of discovery; and (2) access to the premises.  Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.
  • The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business.In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. In any action against INSPECTOR, CLIENT waives trial by jury.
  • If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. 
  • THIS REPORT IS INTENDED ONLY FOR THE USE OF THE PERSON PURCHASING THE HOME INSPECTION SERVICES. NO OTHER PERSON, INCLUDING A PURCHASER OF THE INSPECTED PROPERTY WHO DID NOT PURCHASE THE HOME INSPECTION SERVICES, MAY RELY UPON ANY REPRESENTATION MADE IN THE REPORT.


(*)

If you do not agree to the terms of this agreement we cannot proceed with your inspection. (Check the box to signify that you agree to the contract terms.)

INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents and/or employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive.  CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building.  The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.



(*)

If you do not agree to the terms of this agreement we cannot proceed with your inspection. (Check the box to signify that you have read the limitation of liability terms.)

This Agreement represents the entire agreement between the parties.  All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein.  No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR.  No change shall be enforceable against any party unless it is in writing and signed by the parties.  This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.  CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.

Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection.  The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any.  If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.

If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.

This Agreement is not transferable or assignable.

Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.

CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.



Client Signature (*)

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Client's IP Adress

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Phone Number (*)

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What does our Residential Home Inspection report include?

  • Lot Drainage
  • Walks & Driveway
  • Foundation & Crawl Space
  • Siding
  • Roof System
  • Attic Insulation & Venting
  • Heating & Cooling Systems
  • Plumbing
  • Water Heater
  • Electrical
  • Interior Rooms
  • Kitchen
  • Bathrooms
  • Garage
  • Walls, Ceilings, & Floors
  • Doors & Windows
  • Fixtures
  • And MORE!

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