ValueCheck Home Inspections Inc., (ValueCheck) agrees to visually inspect and submit a written report of the apparent condition of the permanently installed systems and components of the building located at:
* , MI

The inspection is conducted for our client*

According to the following terms and conditions for the sum of:

TERMS AND CONDITIONS

PURPOSE AND SCOPE: The object of this inspection is to provide a professional, good faith opinion of the apparent condition of the structures and systems on the date and at the time of observation without regard to life expectancy. The inspection and report will conform to the current Standards of Practice of the American Society of Home Inspectors (ASHI), a copy of which is included with the inspection report.

The inspection is not technically exhaustive, relies on experience and judgment, and cannot alert ValueCheck or the client to conditions of the structure, which are concealed, not readily accessible or would require cleaning, alteration, excavation or destructive testing.

The inspection and report are for the exclusive use of the client. No other person or entity may rely upon or utilize the report of ValueCheck supplied in accordance with the terms and conditions of this contract. Any such utilization by such other person, group, or entity shall give rise to no relationship, responsibility, and/or liability as between ValueCheck and such individual, group, or entity. In the event that any person, not a party to this contract, makes any claim against ValueCheck arising out of the service performed by ValueCheck under this contract, the client agrees to indemnify, defend, and hold harmless ValueCheck from any and all damages, expenses, costs, and attorney’s fees arising from such a claim.

Information provided on this inspection report are of general nature and should not be relied upon to be accurate and correct in all applications. Specific causes, methods of correction and estimates should be obtained from qualified contractors.

EXPLANATION OF “APPARENT CONDITION”: Inspected components will be identified and an opinion of their apparent condition will be reported according to the following definition:

SATISFACTORY – Means that the component or system is functionally consistent with its original purpose, but may show signs of wear, aging, and deterioration.

MARGINAL – Means that a maintenance need exists or can be anticipated, or that the component or system is still functioning but due to it’s visible condition or age, replacement/major repairs should be anticipated.

POOR – Means that there is an immediate need for maintenance or replacement to sustain performance of function and purpose.

ITEMS EXCLUDED: Among the components excluded, but not by way of limitation, are those listed below.

EXCLUSIONS AND LIMITATIONS: The inspection and the report issued in pursuance of the contract do not and are not intended to include any of the following:

1. An opinion on the property’s marketability, insurability, or the advisability of its purchase.
2. A judgment of compliance or noncompliance with any government or non-government code, regulation, covenant or use restriction.
3. An appraisal of value, land survey, geo-technical evaluation, engineering analysis or directive on a specific method, material or cost for correction or alteration of a condition.
4. A determination of the presence or absence of contaminants, toxins, mold, carcinogens, or harmful substances or conditions such as soil contaminants, water pollutants, asbestos, formaldehyde, lead and electromagnetic radiation.
5. Detection of damage or infestation by animals or insects such as domestic pets, vermin, birds, wasps, bats, and wood destroying insects and organisms.
6. A judgment of aesthetic conditions such as floor and wall coverings, paint color or general décor.
7. All other ASHI exclusions.

DISCLAIMER OF WARRANTY: ValueCheck is not an insurer, and therefore makes no guarantees or warranties, express or implied, as to the merchantability or fitness of the premises for the client’s use.

RIGHT OF RE-INSPECTION: If the client asserts that a component covered by the contract was not in the condition reported the client agrees to notify ValueCheck and provide a reasonable opportunity for re-inspection, 72 hours before repairing, replacing, or disposing of the component. It is mutually agreed that the omission of either verifiable notice or reasonable access for re-inspection, will void the client’s claim and release ValueCheck from any liability associated with the claim.

LIMITATION OF LIABILITY: ValueCheck’s liability for omissions or error shall be limited to its charges for the inspection and report. Under no circumstances should ValueCheck have any liability or responsibility for any consequential damages of the client or any other party and this limitation applies to and includes any and all personal injury and all personal injury or property damage. Further, unless a demand for arbitration is filed and served upon ValueCheck within six months of the date inspection services are rendered hereunder, any subsequently asserted claims against ValueCheck, whether based on negligence, breach of contract, or any other legal theory, shall be forever barred.

ARBITRATION: ValueCheck and client specifically agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

ENTIRE AGREEMENT: This contract constitutes the entire agreement between ValueCheck and the client. Any amendments to or modification of the provisions of this agreement to be effective, shall be in writing and executed by all the parties hereto.

THIS CONTRACT DEFINES AND LIMITS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE SIGNING.

ValueCheck Home Inspections, Inc. (ValueCheck)