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This contract
affects your legal rights. Please read carefully before signing
STANDARD AGREEMENT
This Property Inspection
Contract (the "Contract") made this day of
between:
Client
Name: Client
Mailing Address:
Client
Phone:
(the Client)
AND
Allsafe
Home Inspection
(the "Inspector")
in relation to property
located at:
(the
"Subject Property")
THE CLIENT
AND THE INSPECTOR ACKNOWLEDGE AND AGREE AS FOLLOWS:
(A)
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;
1
The inspection shall be
performed in accordance with
the
Standards of
Practice
of the Canadian Association of Home & Property Inspectors (BC),
a copy of which forms part of this report and a complete copy is also available
from the inspector upon request.
2
The Inspection Report
constitutes an opinion of the Present Condition 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;
3 The Inspection and
Inspection Report do not constitute a guarantee, warranty or an insurance policy;
4
The Client is encouraged
to participate in the visual inspection process and accepts responsibility for
the consequences of electing not to
do so, i.e. incomplete
information being available to the Inspector. The Client's participation shall
be at the Client's own risk for injuries,
falls, property damage,
etc.;
5
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;
6
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;
7
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 Yes____ No___
(Initials) ___ ____
8
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;
9
In the event that 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;
10
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;
11
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.
(B)
By signing this
Property Inspection Contract the Client acknowledges, covenants and agrees that:
1
The Client understands
and agrees to be bound by each and every provision of this Contract;
2
The Inspector has not
made any representations or warranties other than those contained in this
Contract;
3
The Client has had such
legal advice as the Client desires in relation to the effect of this Contract on
the Client's legal rights;
4
The Client shall pay the
fees herein before described to the Inspector without set-off or deduction.
(C)
Time limits for
legal action:
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 Report 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 Inspectors' 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 Clients right
to commence proceedings
against the Inspector and or the Inspectors employees agents and servants shall
thereupon be barred and
cease to exist for all
purposes.
Client's signature
Inspector's signature:
Witness
Date
Allsafe Home
Inspection
GST# 821334414RT0001
for Allsafe Home
Inspection BC Lic# 47455
Copyright 2009 © -
Fleetwood
Building Inspections (2007) Ltd. No reproduction without written permission 0109
- Used by permission from CAHPI (BC)
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