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HSH Preinspection Agrement 1.doc
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HOME SWEET HOME INSPECTIONS, INC.,

(including its employees, subcontractors, agents, and inspectors), hereinafter referred to as “COMPANY” will perform a one time visual inspection in accordance with the Home Inspection Laws of the State of New York,
i.e
the STANDARDS OF PRACTICE and CODE OF ETHICS copies of which are
available on the NYS Department of State website www.dos.state.ny.us . Home inspectors are
licensed by the NYS Department of State. Home Inspectors may only report on
readily accessible and observed conditions as outlined in this pre-inspection
agreement, Article 12 B of the Real Property Law and the regulations promulgated
thereunder including, but not limited to, the Code of Ethics and Regulations
and the Standards of Practice as provided in Title 19 NYCRR Subparts 197-4 and
197-5 et seq.  Home inspectors are not permitted to provide engineering or
architectural services. Prior hereto, there has been no agreement between the
parties other than that a COMPANY Inspector would meet CUSTOMER at the
premises to possibly enter into this agreement. All prior agreements, both real
and imagined, both oral and written, are merged into this pre-inspection
agreement and it alone sets forth all the terms and conditions of the agreement
between the parties. No CUSTOMER changes
are valid unless approved in a separate writing, signed by an officer of the
COMPANY. If the Report is sent to CUSTOMER over the internet, COMPANY assumes
no liability if CUSTOMER is unable to download or view the electronic version
of the Report.

 

The written report will include the
following only
: structural condition, electrical system, plumbing,
water heater, heating system, air conditioning system, condition of major
systems, general interior including ceilings, walls, floors, windows,
insulation, and attic ventilation; general exterior including roof, gutter
system, chimney, drainage, and grading. 
It is understood and agreed that this inspection will only be of readily
accessible areas of the dwelling and is limited to visual observations of
apparent conditions existing at the time of the inspection. CUSTOMER acknowledges that the Report is not
to be considered a substitute for a seller’s Property Condition Disclosure
Statement.

 

The Inspector is not required to:
move furniture, personal goods or equipment that may impede access or limit
visibility. The Inspector is not
required to evaluate or inspect the following: intercoms, security systems,
fences, timers, backflow preventers, water conditioning equipment, cosmetic
items, swimming pools, hot tubs, whirlpools, Jacuzzis (and ancillary
components), wells, cesspools, security, telephone, wiring circuit logic and
switch locations, music and computer systems, central vacuum systems, water
softeners, sprinkler systems, fire and safety equipment and the
presence/absence of rodents , or insects other than wood destroying insects . Design problems and adequacies are not within
the scope of the inspection. The
Inspector will not determine the operational capacity, quality or suitability
for a particular use of the items inspected. 

 

The inspection does not determine compliance or noncompliance with
manufacturer's specifications; past or present. Soil conditions, geological
stability, engineering analysis are beyond the scope and purpose of this
inspection and are not included in this report. This is not a compliance
inspection or certification for past or present governmental codes, rules or
regulations of any kind. NO search or check of municipal records or property
boundaries (land survey) is included. Latent, hidden and concealed defects and
deficiencies are excluded from the inspection and report. The inspection and
report do not address and are not intended to address the presence or danger
from any potential harmful substances and environmental hazards including but
not limited to radon gas, carbon monoxide, lead, lead paint, asbestos, Chinese
drywall, sound proofing, buried fuel storage tanks, urea formaldehyde, various
molds and spores, water quality, toxic or flammable chemicals or gases and
water and airborne hazards. The inspector is not required to climb on the roof,
enter crawl spaces or attics where the ceiling height is less than 4 feet,
lacks flooring, or otherwise inaccessible, and does not perform invasive
procedures: equipment, items and systems will not be dismantled. Areas above
ceilings are inaccessible, including dropped ceilings. The inspector only uses
normal operating devices and performs no destructive or disruptive testing
procedures.

 

NOT A WARRANTY   The parties agree that COMPANY and it's
employees and agents, assume no liability or responsibility for the cost of
repairing or replacing any reported or unreported defects of deficiencies,
either current or arising in the future, or for any property damage,
consequential damage, or bodily injury of any nature. THE INSPECTION AND REPORT ARE NOT INTENDED TO
BE A GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ADEQUACY,
PERFORMANCE, OR CONDITION OF ANY INSPECTED STRUCTURE, ITEM, OR SYSTEM. COMPANY IS NOT AN INSURER OF ANY INSPECTED
CONDITIONS.           

                                                                                                                                                                                              

DISPUTES: It is specifically
agreed that no lawsuit or other type of claim of any kind arising out of or in
any way relating to this AGREEMENT, the inspection or the Report shall be made
unless each of the following conditions is satisfied first, in order: Written
notice of the claim must be given to the COMPANY on or before the 10th
day after the date of discovery of a claimed defect or the date said
claimed defect should have been discovered. The notice shall: (a) describe the
claim including what the CUSTOMER believes COMPANY did or failed to do; (b)
state why CUSTOMER believes the COMPANY is responsible; (c) state what CUSTOMER
believes COMPANY should do about it and; (d) offer to allow COMPANY to
re-inspect as required in the following paragraph. Notice shall be sent by
Certified mail, RRR to the COMPANY at 64 Sally Lane, Ridge, New York   11961.

 

RIGHT TO RE-INSPECT: If CUSTOMER
believes the COMPANY made a mistake, before making any repairs or alterations
relating to the alleged mistake, CUSTOMER shall notify COMPANY and provide
COMPANY a reasonable opportunity to inspect the portion of the property
relating to the alleged mistake. Failure to so notify the Company and allow an
inspection shall bar any claims being made.

 

LAW SUIT: Any lawsuit or
other type of claim must be filed within ONE YEAR OF THE DATE OF THIS
AGREEMENT. Venue of any lawsuit brought by either party must be brought in the
Supreme Court or local District Courts of the County of Nassau or Suffolk,
State of New York, without a jury, including counterclaims and third party
claims.   CUSTOMER agrees that if
COMPANY is ever subpoenaed to appear in a court action or arbitration matter (hereinafter
“Hearing”) because of the COMPANY’S inspection of the building identified above
and/or any of its components or other portions of the premises where it is
located, that CUSTOMER will either reimburse COMPANY for attending said Hearing
at the rate of $200.00 per hour, including travel time, or obtain a court order
quashing said subpoena, all at CUSTOMER’S sole cost and expense.”

 

LIMITATION OF
INSPECTORS LIABILITY
: The purpose of this provision is to limit the
amount of money damages that CUSTOMER may claim and recover from COMPANY. The
maximum amount of money that CUSTOMER may claim and recover is hereby limited
to the fee paid by CUSTOMER to COMPANY under this Agreement.

 

This limitation
applies to every type of claim or cause of action arising out of or in any way
related to this agreement, the inspection or report, including but not limited
to breach of contract, negligence, and negligent misrepresentation. This
limitation does not apply to any claim for vexatious litigation or similar type
of claim by COMPANY against CUSTOMER or CUSTOMER’S lawyer. CUSTOMER agrees to
pay COMPANY’S reasonable legal fees in any action where the COMPANY
substantially prevails in any court of law and/or where this agreement and its
limitation of liability clause is held to be valid.                                           

 

CUSTOMER agrees that
this agreement may be executed by facsimile which shall constitute an original.
It is also understood and agreed that an acceptance of the terms and conditions
contained herein by the CUSTOMER shall be just as binding if made
electronically by computer or over the internet. The person who signs this
agreement represents that they have the full authority to sign on behalf of all
named CUSTOMERS. If any named CUSTOMER denies the authority to sign, the person
signing agrees to hold the Company harmless for all costs, expenses and
damages, including judgments that may be entered against COMPANY and its
reasonable legal fees, if COMPANY incurs same as a result of said denial of
authority. In the event any provision of this agreement is determined to be invalid
or unenforceable, the other provisions shall remain valid and enforceable and
in full force and effect. The report is intended for the use of the above named
customer only and no other person or entity may rely on the report for any
reason. If immediate threats to health
or safety are observed during the course of the inspection, the client hereby
consents to allow the home inspector to disclose such immediate threats to
health or safety to the property owner and/or occupants of the property.

 

CUSTOMER agrees to
hold harmless and indemnify COMPANY for losses, fees and costs incurred as a
result of any third party action that may include COMPANY relative to the
report. Furthermore, any third party
reviewing this report for any reason shall be bound by the terms and conditions
of this Inspection Agreement which is an integral part of the report. CUSTOMER
understands and agrees that by law he/she must sign this Agreement and this
agreement will form a part of the inspection report and acceptance of the inspection
report by CUSTOMER and payment thereof will constitute acceptance of the terms
and conditions of this agreement. If CUSTOMER does not agree to the terms
hereof, CUSTOMER may obtain a full refund of the fee if written notice is sent
to the COMPANY prior to the inspection Report being sent out and if CUSTOMER
executes a general release in favor of the COMPANY and its officers, employees
and shareholders.

 

                                                                                                

TECHNICALLY EXHAUSTIVE INSPECTION AVAILABLE: CUSTOMER is advised that there may
be a technically exhaustive inspection available with a lower liability limit
of the visual inspection, and that a fee for this type of inspection could be
$5,000.00 or more, depending on the home. 
The Company will need to retain other specialists as necessary to
prepare a technically exhaustive report. 
A request in writing for this service must be accompanied by a 50%
deposit required to commence this inspection. 
If you wish this enhanced inspection please notify the inspector prior
to the inspection and a new inspection date will be scheduled after an
appropriate pre-inspection agreement is entered into.