Terms, Conditions & Contract
Terms & Conditions
1. The general home inspection makes no warranties or guarantees to a residential dwelling or property. A Home Inspection is a non-invasive visual examination of a residential dwelling, performed for a fee, which is designed to identify observed material defects within specific components of said dwelling. Components may include any combination of mechanical, structural, electrical, plumbing, or other essential systems or portions of the home, as identified and agreed to by the Client and Inspector, prior to the inspection process.
2. A home inspection is intended to assist in evaluation of the overall condition of the dwelling. The inspection is based on observation of the visible and apparent condition of the structure and its components on the date of the inspection and not the prediction of future conditions.
3. A home inspection will not reveal every concern that exists or ever could exist, but only those material defects observed on the day of the inspection.
4. A material defect is a condition with a residential real property or any portion of it that could have a significant adverse impact on the value of the real property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect.
5. An Inspection report shall describe and identify in written format the inspected systems, structures, and components of the dwelling and shall identify material defects observed. Inspection reports may contain recommendations regarding conditions reported or recommendations for correction, monitoring or further evaluation by professionals, but this is not required.
6. Approximate repair cost are not a requirement, but if requested can be included. It should be understood that repair cost are approximations, actual repair costs may be significantly higher. If repairs are not being made by the seller prior to closing, repair estimates should be obtained from the appropriate contractors to escrow monies.
7. The General Home Inspection is not a building code-compliance inspection, but a visual inspection for safety and system defects. The Inspection Report may comment on and identify as problems systems, components and/or conditions which may violate building codes, but although safety defects and building code violation may coincide at the time of the inspection, confirmation of compliance with any building code or identification of any building code violation is not the goal of this Inspection Report and lies beyond the scope of the General Home Inspection.
HOME METRICS Home Inspection Contract
1. The Client has requested a visual inspection of the dwelling located at the above address. It is agreed that the inspection is limited to visual observations of the readily accessible areas, systems and components of the dwelling and the apparent conditions existing at the time of inspection only. It is agreed that the conditions of the property could change after the time of inspection and some existing conditions may only be observable under different conditions than existed at the time of inspection. Client hereby represents and warrants that all approvals have been secured for Company's entrance on to the property.
2. The inspection includes, when applicable, accessible and conditions permit: heating and cooling system(s), plumbing, electrical, fireplace, installed kitchen appliances, garage, interior and exterior materials of construction, visible framing components, roof, attic, basement, crawl space, foundation or as described in the Inspection Report.
3. The Inspector is acting as a generalist and not as a licensed specialist in any specific area of construction including, but not limited to: structural engineering, mechanical systems, electrical, plumbing or architecture. The Inspector performs the inspection in good faith and to the best of his ability. The Inspection is designed and intended to identify defects or deficiencies that would be important to a reasonable person's decision in evaluating the intent to purchase.
4. The home inspection is performed in a manner consistent with the Standards of Practice and Code of Ethics of HOME METRICS and the HOME METRICS Protocol and may also comply which many professional home inspector associations such as , InterNACHI, NAHI, ASHI, and others and is effective on the date of the inspection.
5. Any area which is not exposed to view, is concealed, or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings, or any other thing is not included in this inspection. The Inspector will not be required to move furniture, floor covering, storage or other items to conduct this inspection or other wise to expose concealed or inaccessible conditions. This inspection does not include any destructive testing or dismantling.
Client agrees to assume all the risk for all conditions, which are concealed from view at the time of the inspection. This is not a home warranty, guarantee, insurance policy or substitute for real estate transfer disclosures which may be required by law. The Inspection and report are not intended to reflect the value of the premises, nor to make any representation as to the advisability of purchase or the suitability for use.
6. Systems and conditions which are not within the scope of the inspection include; but are not limited to: asbestos, radon, lead based paint, formaldehyde, any toxic materials, underground storage tanks, jetted tubs, spas, swimming pools, unattached exterior buildings, playground, recreational or leisure equipment, private wells/water systems, private septic systems, below ground septic/drainage systems, EIFS stucco, security/fire alarm systems, cosmetic deficiencies, termite/pest infestation, zoning ordinances, building code conformity, any component or system that is shut down without power/fuel or otherwise secured. The inspector cannot identify latent and concealed defects. Client understands that these systems and conditions are excluded from this inspection and the seller should demonstrate satisfactory operations/explanations of the existing conditions. If any reference is made verbal or written concerning any excluded items, it is for general information only and is not a formal part of the inspection report.
7. THE INSPECTION AND REPORTS ARE PERFORMED AND PREPARED PRIMARILY FOR THE USE AND EDUCATION OF THE CLIENT. REPORTS ARE NOT TRANSFERABLE OR ASSIGNABLE. Findings found during the inspection related to the property shall become part of the history of the property inspected and the sole property of HOME METRICS. No portion of the inspection findings may be copied, transferred or data entered into a database system of any kind without the express written permission of HOME METRICS. Access to this information may or may not require a fee. Neither the Inspector nor the Company is responsible or liable for the use of the reports by any third party for any reason. Any Personal Identifiable Information (PII) of the client shall remain confidential.
8. Client and Company agree that if any portion of this agreement is found invalid or unenforceable by any court of qualified jurisdiction, the remaining provisions shall remain in force between the parties.
9. The prepared written certified report shall be considered the final and exclusive findings of the Inspector and HOME METRICS of the dwelling. The Client agrees that the Inspector and Company reserves the right to materially modify the Inspection Report for a period of time that shall not exceed forty eight (48) hours after the Inspection Report has first been delivered to the Client.
10. The terms and conditions of this Agreement apply to this original inspection, as well as any subsequent inspections that may be performed on the structure.
11. STATUTE OF LIMITATION, DISPUTE AND LIMIT OF LIABILITY - No action may be brought against Inspector or HOME METRICS more than one(1) year after the inspection date. Should a problem arise which can be informally resolved between the parties of this agreement, it is expressly agreed that the first attempt for formal resolution shall be professional mediation. Any and all cost of mediation shall be shared equally by the parties of this agreement. Limit of Liability for errors or omissions in regards to this agreement, inspection and report is expressly limited to an amount NOT MORE than the inspection fee paid. Liability of inspector's principals, agents, and employees is also limited to not more than the inspection fee paid. This limitation applies to anyone who is damaged or has to pay expenses of any kind because of mistakes or omissions in this inspection and report. This liability limitation is binding on Client and Client's spouses, heirs, principals, assigns and anyone else who may otherwise claim through Client. Client assumes the risk of all losses greater than the fee paid for the inspection. Client agrees to immediately accept a refund of the fee as full settlement of any and all claims, which may ever arise from this inspection.
12. Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the subject property, as limited herein above, shall be made in writing and reported to the Inspector within ten (10) business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or Client's agents, employees or independent contractors, will make NO alterations, modifications or repairs to the claimed discrepancy prior to a re-inspection by the inspector. Client understands and agrees that any failure to notify the inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.
13. By paying for inspection services through our online payment systems Client acknowledges and agree to be bound by the terms and conditions of the Inspection Contract and further agree that the Inspection Contract will form a part of this Inspection Report. This Inspection Contract accompanies this report and the undersigned acknowledges receipt of it.
14. If for any reason, the inspector is requested to re-inspect any part of the dwelling either by the client, lending institution, real estate agency etc., a minimum charge of $200.00 will occur and payment is due prior to re-inspection and report. If it is determined that certain elements of an inspection were not performed originally, then NO COST will be charged.
15. CREDIT CARD PAYMENT AND AGREEMENT: Client agrees to pay all fees for services in advance of the inspection through our online payment system. Client agrees that payment will be charged to credit card for the amount of the services ordered. Client agrees to forfeit all rights for a refund in any way for above said services once services are performed. At the discretion of HOME METRICS, a refund may be granted if the order is cancelled within 48 hours of the scheduled inspection and there are no costs associated with travel that cannot be refunded or cancelled.