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INSPECTION AUTHORIZATION
CONTRACT
REPORT No._____________
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This
contract affects your legal rights. Please read carefully before
signing.
This property inspection
contract ("the contract") made this ____ day of _____20_____ between:
Client
name:___________________________________________________________________
Current
Address:_______________________________________________________________
City: _____________________Postal code:_____________Phone:______________________
("the client")
and:
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593812
B.C. Ltd.
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In relation to the
property located
at:___________________________________________________________ |
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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;
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.
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,
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.
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.;
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;
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;
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 ________
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;
i) n 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;
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.
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. INITIAL
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The fee payable
at the time of the visual inspection of the Subject Property shall
be as follows:
BASE FEE: $ ________________
EXTRAS: $ ________________
GST:
$ ________________
TOTAL:
$ ________________
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By signing this
Property Inspection Contract the Client acknowledges, covenants and
agrees that;
a)
The Client understands and agrees to be bound by each and every
provision of this contract;
b) The Inspector
has not made any representations or warranties other than those
contained in this contract;
c) The Client
has had such legal advice as the Client desires in relation to the
effect of this Contract on the Clint's legal rights;
d) The Client shall pay the fees herein before described to the Inspector without
set-off of deduction.
e) The Client
will both carefully and completely read every page in the Inspection
Report and Contract and ask the Inspector if anything is not clearly
understood. |
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Time limits for legal action:
a) The Client
acknowledges and agrees that the time limit for commencement of
legal proceedings by the Client against the Inspector for damages
suffered by the Client as a result of alleged negligence or breach
of contract by the Inspector shall be not later than one (1) year
from the date of the Inspection reports herein before
described. From and after the expiry of one (1) year from the date
of the said inspection report any claim of the Client against the
Inspector and or the Inspector's employees, agents and servants
arising from or in relation to this contract and or the services
provided hereunder shall expire and cease to exist for all purposes and the Client's right to commence proceedings against the
Inspectors and or the Inspector's employees agents and servants
shall thereupon be barred and cease to exist for all purposes. |
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EXCLUSIONS FROM
INSPECTION SERVICES INCLUDE:
a) Exterior/Underground
items: e.g. soil conditions, erosion control, and earth stabilization
measures, structural stability or engineering tests; wood-destroying
insects, pests or dry rot; swimming pools, spas, saunas/steam baths septic
systems sprinkler systems; unexposed footings/foundations/perimeter
drains ; landscaping; outdoor recreation facilities (playground and
patio equipment); outbuildings, common elements/areas in multi-unit
housing, fences; doorbells
b) Interiors:
i.e. Solar systems; heat exchangers, free standing appliances,
water softeners or conditioners; interior spas/hot tub/steam rooms;
concealed electrical and plumbing installations, tub/sink over flows; gas
space heaters; electronic air cleaners; humidifiers; alarm and intercom
systems; the condition of walls or floors under finishing and furniture,
central vacuum, accessories, air quality, the operation of shut-off
valves, decorative items.
c) Other:
i.e. asbestos, radon, formaldehyde, lead, toxins, carcinogens, noise,
contaminants in soil, water or air; ancillary wiring, remotes, low voltage
systems, cooling/heating supply adequacy, hazardous plants or animals;
advice on purchasing; building value appraisal conformity to municipal codes;
or by-laws; cost estimates; items which are shut down, or do not
respond to normal operating controls; items which may likely be dangerous
to the Inspector or may damage the property or its components.
Estimates for repair or replacement, if provided, are estimates only
and are not to be relied upon by any person. The Client should
obtain written bids from qualified licensed specialist in order to determine
the possible cost of repairs, if needed.
A fee of 2% per
month will be charged to invoices due after 30 days. This contract is between
593812 B.C. Ltd. and the Client only |
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Please
make cheques payable to: 593812 B.C Ltd. |
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Client's
signature _____________________________Date:____________________________
Company representative ______________________ Date
_____________________________
(_) Client on
site
(_) Client not on
site
(_) Client didn't attend full inspection
(_) PAID IN FULL Cheque # ________________ Received
by:___________________________ |
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