These
Limitations and Conditions explain the scope of your Home Inspection. Please
read them carefully before signing the Agreement.
Client requests a visual
inspection of the structure identified at the address in the Home Inspection
Authorization Form by AllStar Inspections Company hereinafter collectively
referred as the “Company” and Client hereby represents and warrants that all
approvals necessary have been secured for the Company’s entrance on to the
property.
The purpose of your Home Inspection is to evaluate
the general condition of a property. The client accepts responsibility for
incomplete information if the client did not attend the inspection. Our purpose
is to determine whether or not a system or component (Electrical, heating and
cooling, visible structure, etc.) is functioning for which it was intended.
We are not responsible to determine all that may be
wrong with that system or component, just whether or not a second opinion is
needed, such as a licensed electrician or HVAC contractor, or any specialist
for that field or trade. They determine what steps are necessary to correct.
Their troubleshooting may reveal additional items not mentioned in this
report.
Any item mentioned in the report may need additional
inspections by other qualified specialists. It is up to the client to seek
qualified specialists to investigate further any item or component that is
commented on in the inspection report before closing. This inspection is to
reduce the risk of finding a potential problem, not to eliminate them.
The limited liability of the inspector and company
and the inspection report to the client are limited to a refund of the fee paid
for the inspection and report.
1. The Home
Inspection provides you with a basic overview of the condition of the property. Because your Home Inspector has only a limited
amount of time to go through the property, the Inspection is not technically
exhaustive. If you have concerns about any of the conditions noted, please consult the
text that is referenced in the report.
Some conditions noted, such as foundation cracks or
other signs of settling in a house, may either be cosmetic or may indicate a potential structural problem that is
beyond the scope of the Home Inspection. The inspection will be performed in a manner
consistent with the Standards of Practice of the Ontario Association of Home
Inspectors (OAHI). Areas/items,
systems and components listed in the Standards of Practice are among those NOT
INCLUDED in the scope of inspection.A
copy of the standard is provided with your inspection report.
If you are concerned about any conditions noted in
the report, we strongly recommend that you consult a qualified licensed contractor or engineering specialist. These
professionals can provide a more detailed analysis of any conditions noted in
the report at an additional cost.
2. A Home
Inspection does not include identifying defects that are hidden behind walls,
floors or ceilings. This includes wiring,
structure, plumbing and insulation that are hidden or inaccessible.Some intermittent conditions may
not be obvious on a Home Inspection because they only happen under certain circumstances. As an example,
your Home Inspector may not discover leaks that occur only during certain
weather conditions or when a specific tap or appliance is being used in
everyday life.
The inspection does not include
any destructive testing or dismantling.Home Inspectors will not find conditions
that may only be visible when storage or furniture is moved. Inspectors do not remove wall coverings, including
wallpaper, or lift flooring, including carpet to look underneath.
A Home Inspection is a sampling exercise with
respect to house components that are numerous, such as bricks, windows and electrical receptacles. As a result,
some conditions that are visible may go un-reported. Maintenance and
other items may be discussed but will NOT form a part of the inspection report.
3. The Inspection does not include
hazardous materials that may be in or behind the walls, floors or ceilings of
the property,
whether visible or not. This includes building materials that are now suspected of
posing a risk to health such as phenol-formaldehyde and urea-formaldehyde based products,
fiberglass insulation and vermiculite insulation. The Inspector does not identify
asbestos roofing, siding, wall, ceiling or floor finishes, insulation or fire
proofing. We do not look
for lead or other toxic metals in such things as pipes, paint or window
coverings.
The Inspection does not deal with environmental hazards
such as the past use of insecticides, fungicides, herbicides or pesticides. The Inspector does not look for, or
comment on, the past use of chemical termite treatments in or around the
property.
We are not responsible for
discovering or reporting on the presence or absence of mold or mildew.
Furthermore, the Home Inspections Company is not responsible for any damages
that arise from or related to mold or mildew, even if the mold or mildew is a
direct consequence of a condition upon which the Home Inspections Company is
required to report as set forth in this agreement.
4. We are not responsible for and do not
comment on the quality of air in a building. The Inspector does not try to determine if there are
irritants, pollutants, contaminants, or toxic materials in or around the
building. The Inspection does not include spores, fungus, mold or mildew including that
which may be concealed behind walls or under floors, for example. You should note that
whenever there is water damage, there is a possibility that visible or
concealed mold or mildew may be present and unseen behind a wall, floor or ceiling.
If anyone in the home suffers
from allergies or heightened sensitivity to quality of air, we strongly
recommend that you consult
a qualified Environmental Consultant who can test for toxic materials, mold and
allergens.
5. Your Home
Inspector does not look for, and is not responsible for, fuel oil, septic or
gasoline tanks that may be buried on
the property. If fuel oil or other storage tanks remain on the property,
you may be responsible for their removal and the safe disposal of any contaminated soil. If you
suspect there is a buried tank, we strongly recommend that you retain a
qualified Environmental
Consultant to determine whether this is a potential problem.
6. Client
understands that the inspection and the inspection report do not, in any way,
constitute a/an: (1) Guarantee, (2)Warranty of merchantability or fitness for a
particular purpose, (3) Express or implied warranty, OR (4) Insurance
policy. Additionally, neither the inspection nor the inspection report is
suitable for any real estate transfer disclosures that may be required by law.
The written report to be prepared by Company shall be considered the
final and exclusive findings of Company of the structure. Client understands
and agrees that Client will not rely on any oral statements made by the
inspector prior or subsequent to the issuance of the written Inspection Report.
Client further understands and agrees Company reserves the right to modify the
inspection report for a period of time that shall not exceed two (2) business
days after the inspection report has first been delivered to the Client.
Client understands and agrees that any claim for failure to accurately
report the visually discernible conditions at the subject property, shall be
made in writing and reported to the inspector within ten (10) business days of
discovery. Client further agrees that, with exception of emergency conditions,
Client or Client’s agents, employees or independent contractors will make NO
alterations, modifications, replacement or repairs to the claimed discrepancy
prior to a re-inspection by the Inspector.
Client understand and agree that any failure to timely notify us and
allow adequate time to investigate as stated above shall constitute a complete
waiver of any and all claim(s) you may have against us related to the alleged
act or omission unless otherwise prohibited by law.
Due to the nature of the services we provide, it is difficult to foresee or determine (at the time this agreement is formed) potential damages in the event of negligence or breach of this agreement by us. Thus, if we fail to perform the services as provided herein or are careless or negligent in the performance of the services and/or preparing the report, our liability for any and all claims related thereto is limited to the fee paid for the services, and you release us from any and all additional liability. Such liability is herein set forth as liquidated damages and not as a penalty, and this liability shall be complete and exclusive.