Inspection Agreement

Standard Inspection Agreement between Patriot Home Inspections, LLC (herein referred to as “PHI”) and their Clients (herein referred to as “Customer”)

• PHI agrees to inspect the Building for the purpose of alerting the Customer to visible defects and/or conditions that, in the judgement of the Inspector, adversely affect the function and/or integrity of the items, components and systems. A report (the “Report”) containing the inspector’s findings will be prepared by PHI and provided to the Customer for its sole, exclusive and confidential use. PHI will perform its inspection in accordance with the Standards of Practice and of the South Carolina Department of Labor, Licensing, and Regulation through the South Carolina Residential Builders Commission.

• The inspection will be conducted only on visible and accessible areas and components of the Building, and is limited to the apparent condition of the Building on the date of the inspection. Not all conditions may be apparent on the inspection date due to weather conditions, inoperable systems, inaccessibility, and the like. Conditions may exist which remain undiscovered. While the inspection reduces the risk of purchasing property, it does not eliminate such risk. PHI is not responsible for the failure to discover latent defects or for problems which occur or become evident after the inspection.

• Standard Inspection – The customer requests the standard visual inspection of the readily accessible areas of the structure. The inspection is limited to visual observation existing at the time of inspection. No personal belongings, furniture, storage, appliances and/or wall hangings will be moved to permit inspection and may block defects. Carpeting, window treatments, central vacuum systems, household appliances, recreational facilities, paint, wallpaper, and other finish treatments are not inspected. Cosmetic issues are not documented as part of this inspection.

• No invasive or destructive testing will be made. No equipment, systems or appliances will be dismantled, with the exception of opening access panels. Soil conditions, geological stability, or engineering analysis are beyond the scope and purpose of this inspection. Cosmetic and minor items may also be included in this Report at the inspector’s discretion.

• The Report will not address water quality, the presence or absence of radon gas, lead paint, asbestos, fungal growth, urea formaldehyde, carbon monoxide or any other toxic or potentially harmful or flammable chemicals, the well system, septic tank or other buried drainage or storage systems, the security system, intercom, timers, portable air conditioners, the central vacuum system, water softener or treatment services, safety glass, fire sprinkler systems or window thermal seals.

• The Inspector is not required to evaluate the condition or presence of storm windows, storm doors, shutters, awnings and other such accessories, or to determine their functional efficiency. The moisture content of all walls, floors, ceilings, siding, and the like will not be tested.

• This Report cannot be fully exhaustive, nor does it imply that every component was inspected or that every possible defect was discovered. When the property contains a number of similar items, such as electrical receptacles, hardware, roof shingles, siding, lighting fixtures, windows, etc., a representative of each shall be inspected.

• The presence of rodents, termites, wood-boring insects, ants, birds or other infestation shall be limited to what can be observed by a visual observation only with a recommendation made as to whether further inspection by a licensed exterminator is required.

• Neither this Agreement nor the Report constitutes or should be construed to be:

1. a compliance inspection with respect to any code, standard or
regulation – past or present;
2. a guaranty, warranty or policy of insurance;
3. a survey, appraisal or flood plain certification;
4. a wood-destroying organism report;
5. an opinion regarding the condition of title, zoning or compliance with
restrictive covenants;
6. an environmental, fungal, moisture or engineering analysis.

• This is the entire agreement of the parties regarding these matters. Any modification or amendment to this Agreement must be in writing and signed by the affected party. In the event any portion of this Agreement is determined to be unenforceable, the remainder of it will continue in full force and effect.

• To be able to make an informed decision concerning the property, THE CLIENT SHOULD BE PRESENT, AND IS AT HIS OR HER OWN RISK DURING THE INSPECTION FOR FALLS, INJURIES, PROPERTY DAMAGE, ETC. AND ACCEPTS FULL RESPONSIBILITY FOR INCOMPLETE INFORMATION SHOULD THEY CHOOSE NOT TO PARTICIPATE. I accept that this work is no substitute for a pre-settlement inspection for which I am responsible since damages, mechanical failures, and symptoms, cures, etc. may appear after this work and before my legal acceptance of the property. I waive all claims against the inspector/surveyor of PHI in the absence of diligently performing my pre-settlement inspection and for lack of more extensive investigation and follow-through with a specialist on any problems noted including confirmation of any cost approximations.

• The Customer may wish to seek other advice or recommendations from appropriate professionals regarding the foregoing, conditions revealed in the Report, and areas excluded from the scope of the inspection.

• LIMITS OF LIABILITY: Home inspections are not insurance and do not provide protection against unexpected conditions or repair /replacement needs and costs. The Customer acknowledges that there are risks involved in purchasing property, and while the ordering of a home inspection may reduce the risks, risk cannot be eliminated. Customer acknowledges that PHI is not an insurer and does not insure against defects in the Property. The maximum liability of the Company or its employees for errors and omissions in the inspection process shall be limited to the amount of the fee paid for the applicable inspection. Customer agrees to pay all legal expenses and reasonable compensation for loss of time that may be incurred by any inspector, owner or employee of PHI as a result of any legal action brought by the Customer where the Customer does not prevail. PHI assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. PHI’s liability for errors or omissions in the conduct of this inspection and its Report is limited to the refund of the fee paid. This limitation of liability is binding upon the customer, its heirs, successors and assigns, and all other parties claiming by or through the Customer.

• Standard Arbitration Clause – Any controversy or claim between the parties arising out of or relating to the interpretation of this Agreement, the services rendered hereunder or any other matter pertaining to this Agreement will be submitted in accordance with the applicable rules of the American Arbitration Association. The parties shall mutually appoint an arbitrator who is knowledgeable and familiar with the professional home inspection industry. Judgment on any award may be entered in any courts having jurisdiction and the arbitration decision shall be binding on all parties. Secondary or consequential damages are specifically excluded. All claims must be presented within one year from the date of inspection. PHI is not liable for any claim presented more than one year after the date of inspection. In the event the Customer commences arbitration and is unsuccessful in it, the Customer will bear all of PHI’s expenses incurred in connection therewith including, but not limited to, attorney’s fees and a reasonable fee to the employees of PHI to investigate, prepare or attend any proceeding or examination. Customer may not present or pursue any claim against PHI until (1) written notice of the defect or omission is provided to PHI and (2) PHI is provided access to and the opportunity to cure the defect.

• The inspection fee is due and payable upon completion of the inspection and is based on a single visit to the Building. Additional fees may be charged for subsequent visits required by the Customer or, if the inspector conducting the inspection is called upon to prepare for litigation, give testimony as a result of his inspection, or the like, such additional services are beyond the scope of this Agreement. Non Sufficient Fund (NSF) checks returned to PHI by your bank will be subject to a $30 collection fee. Payment of the inspection fee constitutes agreement with the terms of this inspection agreement in the event the Customer can not be present at the time of inspection.