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Below is a sample of my current Inspection Service Contract and is
presented on my website in full to show the legal agreement that must
exist between the Inspector and the Client before my Inspection service
commences. I will attempt to keep this information accurate and up to
date, however, all legal contracts are subject to change at any time
without notice and this sample may not constitute the actual document
(agreement) that will be issued to Clients, therefore;
IT IS VERY IMPORTANT TO READ ALL ACTUAL CONTRACT DOCUMENTS WHEN
THEY ARE ISSUED AS THEY ARE THE ONLY DOCUMENTS (AGREEMENT)
RECOGNIZED BY LAW WHEN SIGNED!
Go Here
for a printable version of this contract
(once on
the page select "Print" from the "File"
menu to print out contract)
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1:
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INSPECTION AUTHORIZATION
CONTRACT REPORT No.----------------------------
This
contract affects your legal rights. Please read carefully before
signing.
This property inspection
contract ("the contract") made this _ _ _ _ _ _ day of _ _ _ _ _
_ _ _ _200_ _ _ _ _ _ _ between:
Client name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Current Address:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
City: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Postal code: _ _ _
_ _ _ _ _ _ _ _ _ _Phone:_ _ _ _ __ _ _ _ _ _ _ _
("the client")
and
 593812
B.C. Ltd.
In relation to the
property located at:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ |
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The client and the Inspector
acknowledge and agree as follows:
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The Client hereby
requests that the Inspector perform an inspection of the subject
property and prepare a written report thereof, subject to the
following limitations and conditions, each of which are
acknowledged, understood and accepted by the client; |
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a) The
inspection shall be performed in accordance with the Standards of
Practice of the Canadian Association of Home and Property Inspectors,
a copy of which will be immediately supplied, upon request. Our
objective is to identify existing major problems by
performing a limited visual inspection. |
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b) The
Inspection Report constitutes an opinion of the Present Condition
on the day of inspection of the property based on a visual
inspection of the readily accessible and visible major
systems, components and equipment of the Primary Residence on the
Property. Furniture, appliances, stored items, ceiling tiles,
personal property, plants, soil, snow, debris, etc., will not be
moved for the inspection. The Client accepts responsibility for
conditions which are concealed or obstructed from view at the time
of inspection. The Inspection will not include any destructive
testing or dismantling; |
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c) The
Inspection and Inspection Report do not constitute a
guarantee, warrantee or an insurance policy; stated or inferred. We
do not warrant or guarantee the remaining life of any component or
system. |
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d) The client
is encouraged to participate in the visual inspection process and
accepts responsibility for the consequences of electing not to do so,
due to incomplete information being available from the inspector.
The Client's participation shall be at the Client's own risk for
injuries, falls, property damage etc.; |
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e) The
condition of certain systems, components and equipment will be randomly
sampled by the Inspector. Examples of such systems, components
and equipment are window/door operation, hardware and screens,
electrical receptacles, switches and lights, cabinet/countertop
mounts and functions, insulation depth, mortar, masonry, paint and
caulking integrity and roof covering materials; |
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f) Weather
conditions may limit the extent of the inspection process; the
Client hereby releases and waives any claim it may have against the
Inspector for omissions or inaccuracies in the Inspection Report
arising as a result of weather conditions existing at the time of
inspection; |
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g) The
Inspection Report is for the confidential use of the Client only and
will not be disclosed to third parties such as real estate agents,
sellers, or lenders without the express written consent of the
Client. The Client shall protect and indemnify the Inspector from
and against any claim against the Inspector by any such third party
arising from disclosure of the Inspection Report thereto; The
Client authorizes the Inspector to disclose the Inspection Report to
third parties.
Please initial: Yes ________ No ________ |
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h) The Client
and the Inspector hereby agree that all disputes arising in relation
to the inspection and Inspection Report shall be referred to and resolved
by binding arbitration pursuant to the applicable legislation
governing commercial arbitrations; |
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i) In the event the Client claims damages
against the Inspector and does not prove those damages, the
Client shall pay all legal fees, arbitrator's fees, legal
expenses and costs incurred by the Inspector in defense of the
claim;
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j) The
Inspector shall not be liable to the client for the cost of any
repairs to or replacement of any system, component, or equipment
undertaken by the Client without prior consultation with the
Inspector. The Client will notify the company of any incident
giving rise to a claim within thirty days of its discovery
and allow the company to examine the conditions prior to the
performance of repairs. This is a condition precedent to the
Client's claim. |
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k) The
Inspector's total liability to the Client for mistakes, errors or
omissions in the Inspection and Inspection Report shall be limited
to the amount of the fee paid for the Inspection. The 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. The
liability of inspector's principals, agents, and employees is also
limited to the fee paid. This liability limitation is binding upon
the Client and the Client's spouses, heirs, principals, assigns and
anyone else who may otherwise claim through the Client. |
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INITIAL ____________ |
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