Pre-Inspection Agreement

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PRE INSPECTION AGREEMENT  Fritz Kelly, Az Cert.# 38438
 
The purpose of this inspection is to identify and disclose to you the visible and apparent condition of the major systems as they prevailed at the time and date of the inspection. The report pertains to readily accessible areas of these included systems.  The guidelines of the Arizona Board of Technical Registration are used as a basis for the inspection.
The home is not specifically inspected for compliance with the various governmental or non-governmental codes or regulations.
Furniture, appliances, items in storage. etc. are not moved for the inspection. We did not perform water, soil, air, pest or materials analysis, including those for health or environmental considerations, (i.e. Asbestos, Radon, Formaldehyde, Water pollutants, Mold or Lead contaminants). The inspector is not qualified to detect the presence of Chinese Drywall. Accordingly the issue of Chinese Drywall (and its potential problems) is beyond the scope of the inspection report.
 
The inspection is essentially visual; it is based upon the experience and opinion of the inspector and it is not meant to be technically exhaustive. The home is not specifically inspected for termite infestation, however, if any insect damage is observed, it will be noted in the report.
This report is not meant to be a warranty or guarantee, expressed or implied, of adequacy or performance of structures or systems or their component parts. The premises and/or systems may be in good condition when examined, but the condition may change thereafter.
 
The following items are inspected:
Roof, Foundation, Accessible portions of the plumbing (supply and waste), Accessible portions of the electrical system, Accessible crawl spaces and attics, Exterior condition, Built in appliances, Heating and Cooling systems, Windows, Doors, Flooring, Drywall, Site drainage affecting the structure,  Garage. Insect damage and mold will be noted if visible.
 
The following items are not included in an inspection unless specified (extra charges apply):
Swimming pools                    Hot Tubs                            Outbuildings                          Guest houses 
 
The following items are not included in an inspection:
Window air conditioners                      Portable appliances            Freezers                              Landscaping / Fences 
Solar heating systems                          Septic systems                       Sprinkler systems                Private wells 
Water softeners/filters                        Alarms or intercoms           Humidifiers                         Landscape Lighting                                
 
Ensuring that the utilities are turned on for the inspection is the responsibility of the Agent or Seller and extra charges will apply for return trips to the property.
Kitchen appliances are checked as well as possible within the confines of a building inspection. For example, the heating elements of a range or oven can be checked for heating, but oven calibration is beyond the scope of a building inspection. In the same way, refuse is not used to test a garbage disposal, dishes are not washed in the dishwasher, etc.
Portable appliances such as washers, dryers and refrigerators are not part of the real estate transaction and are not inspected.
Wet crawl spaces or those with very low head room are not entered  but are examined from the access hatch. Attics are entered if an access opening is readily accessible. The inspector will not enter any area which he consider dangerous.
Electrical or mechanical systems that have been shut down are not inspected. In addition, if these systems do not respond to normal controls, then the system cannot be activated or operated. The inspector does not examine any systems whose utilities are off.
 
A representative number of windows are checked for normal operation and secure locking.
A representative number of electrical outlets, switches and fixtures are spot-checked for operation.
Heating systems are checked for proper operation. Normal burner and fan (if present) operation is verified. Heat exchangers are 90% hidden from view and are only partially inspected during this limited time of inspection. Accessories such as humidifiers, electronic air cleaners, etc. are not inspected, although their general condition may be noted.
 
Central cooling systems are not activated when the ambient temperature is below 55 degrees F., as damage to the compressor is likely.  Similarly, heat pumps cannot be operated during periods of high temperatures. When the outside temperature is moderate, the cooling power of the system can only be estimated as there is no load on the system.
 
It is understood and agreed to by both parties that Kelly Home Inspection llc is not an insurer and is not insuring the property inspected against defects or the future condition of this property, its structural components, its various plumbing, mechanical and electrical systems.
Virtually every home will have some flaws or defects not identified in this report. We can reduce your risk in purchasing, but we cannot eliminate it nor do we assume it.
 
This report is for the sole benefit of the named client. Third parties that utilize the contents of this report for their own use, do so at their own risk, and assume all risks and liabilities of such action.
In the event that the client feels that there has been a misrepresentation of the property or its components by Kelly Home Inspections, the client agrees to notify the inspection company within 30 days to re-examine these conditions before making any remedial repair. Failure to do so will void any further responsibility of Kelly Home Inspection llc.
 
LIMITATION OF LIABILITY
The limitation of liability is a material part of this home inspection agreement.
If the client makes claim that we have been negligent in making the inspection and/or preparing the report, or if the client is not satisfied that we have reasonably satisfied our obligations and duties under this inspection agreement, all parties agree that the claim against Kelly Home Inspection llc will be limited to no more than the fee paid for their services.
If the property is being sold with a third party warranty, any claim must be filed against the warranty not the inspection company.
 
_______Initials required regarding limitation of liability
 
Notice of the demand for the return of any inspection fee is to be filed in writing to Kelly Home Inspection llc within one year from the date of this agreement or it is agreed that any claims will be waived. In any arbitration or legal action in which we are found to be without fault, the client(s) agree to reimburse Kelly Home Inspection llc for any attorney's fees incurred in their defense of the proceeding. In the event that any clause in this agreement is found to be invalid by a court of law this will not invalidate any other portion of this agreement.
 
I (we) understand that the home inspection does not report on the possible presence or absence of mold. If you have concerns about the presence of mold, we suggest hiring an independent laboratory  specializing in mold testing and abatement.
 
______ Initials required regarding mold issues
 
I (we)  _______________________________________________________________ agree to have the property located at
 
 __________________________________________________________________inspected by Kelly Home Inspection llc, Arizona certificate # 38438 according to the preceding conditions.
 
The fee for the inspection is $_______________________. The price is based on the square footage of __________________ or less and may be adjusted if the home is found to be significantly larger.
 
I (we) agree to pay this amount as follows: (all appointments must be secured by credit card):
 
Credit Card# __________________________________________________Expiration_________________
 
I (we) understand that the report is confidential and is strictly for my (our) use only.
If client is married, the signing party testifies that they have authority to bind this agreement for both parties.
Failure to cancel at least 24 hours prior to an inspection appointment will result in a $50.00 cancellation fee per property.
 
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