INSPECTION AGREEMENT


VISUAL INSPECTION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY
THIS AGREEMENT SUPERCEDES ALL PREVIOUS COMMUNICATIONS



1.     THIS AGREEMENT, made and entered into on this XXth day of XXXXX 2012,
        by and between the above named Client and the undersigned, hereafter referred to as “Inspector”.  Inspector  will
        conduct a visual inspection of the Property only.  The inspection is performed in accordance with the                             
        New York State Standards of Practice  for Home Inspectors. This is not a Building Code inspection, title
        examination, nor a By-law compliance inspection.  The inspector does not offer an opinion as to the advisability or
        inadvisability of the purchase of the property, its value or its potential use.  The inspection fee is based on a single visit                        
        to the property; additional fees may be charged for any subsequent visits required by the Client.  If the Inspector is  
        called upon to perpare for litigation or give testimony as a result of the inspection, additional fees shall be charged at
        the Inspector’s then current hourly rate for any time spent, including, but not limited to, research, consultation,
        additional inspection time, preparation of reports, travel, time waiting to testify, and court appearances.

2.    The Client will receive a e-mailed report of Inspector’s observations of the accessible features of the Property.  
       Subject  to the terms and conditions stated herein, the inspection includes the visual examination of the home’s exterior 
       including roof and chimney, structure, electrical, heating and cooling systems, insulation, plumbing, and interior
       including floors, walls, ceiling and windows; it is a reasonable effort to disclose the condition of the house based on a
       visual inspection.  Additionally, Inspector will functionally operate major built-in appliances, except ovens.  Conditions 
       beyond the scope of the inspection will not be identified.  No engineering services are offered.

3.    This Inspection Report is based on the condition of the Property existing and apparent as of the time and date
       of the inspection.  Not all conditions may be apparent on the inspection date due to weather conditions, inoperable 
       systems, inaccessibility of areas of the Property, etc.  Without dismantling the house or its systems, there are limitations
       to the inspection.  Throughout any inspection, inferences are drawn which cannot be confirmed by direct observation. 
       Clues and symptoms often do not reveal the extent or severity of problems.  Therefore, the inspection and subsequent
       Inspection Report may help reduce the risk of purchasing the property; however, an inspection does not eliminate such
       risk nor does the Inspector assume such risk.  While some of the less important deficiencies are addressed, an all
       inclusive list of minor building flaws is not provided.  Inspector is neither responsible nor liable for the non-
       discovery of any patent or latent defects in materials, workmanship, or other conditions of the Property, or any
       other problems which may occur or may become evident after the inspection time and date.  Inspector is neither
       an insurer nor guarantor against defects in the building and improvements, systems or components inspected. 
       Inspector makes no warranty, express or implied, as to the fitness for use or condition of the systems or components
       inspected.  Inspector assumes no responsibility for the cost of repainting or replacing any unreported defects or
       conditions, nor is Inspector responsible or liable for any future failures or repairs.

4.    Inspector and its employees are limited in liability to the fee paid for the inspection services and report
       in the event that Client or any third party claims that Inspector is in any way liable for negligently performing the 
       inspection or in preparing the Inspection Report, for any breach of this Visual Inspection Agreement or for any
       other reason or claim.

5.    Inspections are done in accordance with NY State®  Standards, are visual, and are not technically
       exhaustive.  The following items are specifically excluded from the inspection:  water softening systems,
       security systems, telephone and cable TV cables, timing systems, swimming pools and spas,
       underground or concealed pipes, sewer lines, cesspool systems, electrical lines and circuits, central
       vacuum systems, central air conditioning when outside temperature is below 65F or 18C, and any other
       condition, item, system or component which by the nature of their location are concealed or otherwise difficult to
       inspect or which the Inspector cannot visually examine.  Excluded is the assurance of a dry basement or crawl
       space; also excluded is the assurance that double and triple pane glazing seals in windows are intact.   
       Inspector will not dismantle any component or system; full evaluation of the integrity of a heat exchanger
       requires dismantling of the furnace and is beyond the scope of a visual inspection.

6.    Inspector will not conduct geological tests; will not inspect inaccessible or concealed areas of the Property; will
       not enter dangerous areas of the Property; will not inspect for environmental concerns such as hazardous
       substances or gasses; including but not limited to, radon gas, asbestos, formaldehyde; or for pests such as
       wood destroying organisms, insects, rodents; fungus including but not limited to mold and mildew.

7.    Inspector examines a representative sample of components that are identical and numerous, such as electrical
       outlets, bricks, shingles, windows, etc., and does not examine every single one of these identical items,
       therefore, some detectable deficiencies may go unreported.

8.    The inspection excludes defects such as cracking, leaking, surface discolorations, or landslides resulting from
        hidden defects, including but not limited to, water leaks, land subsidence, or other geological problems.  The
        inspection also excludes merely cosmetic features, including but not limited to, paint, wall coverings, carpeting,
        floorings, paneling, lawns, and shrubs.  The Inspector is not required to determine property boundary lines or
        encroachments.

9.    Any controversy or claim between the parties hereto, arising directly or indirectly out of, connected with, or
       relating to the interpretation of this Agreement, the scope of the services rendered by Inspector, the Inspection  
       Report provided to the Client by Inspector, or as to any other matter involving any act or omission performed
       under this Agreement, or promises, representations or negotiations concerning duties of the Inspector
       hereunder, shall be submitted to arbitration in accordance with the applicable rules of Construction Arbitration
       Services, Inc.  Each party to the dispute shall be responsible for their own costs for the arbitration process.  The
       dispute shall be submitted to a sole arbitrator who is knowledgeable and familiar with the professional home
       inspection industry.  Judgment on any award may be entered in any court having jurisdiction, and the arbitration
       decision shall be binding on all parties.  Unless applicable law requires otherwise, arbitration shall occur in the
       county or judicial district in which the Inspector’s principal place of business is located.  Secondary or
       consequential damages are specifically excluded.  In the event that any dispute arises out of the Inspection or
       Report, and proceedings are commenced by the Client, if the Client is unsuccessful in maintaining the
       claim,then the Client shall be liable to the Inspector for all charges, expenses, costs and legal fees (on a lawyer
       and client basis ) incurred by the Inspector on a complete indemnity basis, including a reasonable fee for all the
       time spent by the Inspector or Inspector’s personnel in investigating, research, perparation for, and attendance
       at court hearings and examinations.  Any claims must be presented within one (1 ) year from the date of
       the inspection; Inspector shall have no liability for any claims presented more than one ( 1 ) year after
       the date of the inspection.

10.  The Inspector shall have the right to examine the subject matter and area of any claim or potential claim against
       the Inspector arising herefrom and the right to offer a resolution prior to Client’s performance of any remedial
       measures ( except in the event of an emergency, or to protect for personal safety, or to reduce or avoid
       damage to property ).  The right of examination herein is a condition precedent to the commencement of any
       claim by the Client against the Inspector for any reason including negligence or breach of any term hereof. 
       The Client shall not file or commence any claim against the Inspector in any jurisdiction until he has notified the
       Inspector of his complaint and made reasonable efforts to afford the Inspector an opportunity to complete such
       examination.  This Agreement and the documents referred to herein constitute the entire Agreement between
       the parties hereto, and supersedes any and all prior representations, discussions, or agreements, whether
       written or oral.  No amendment, change, or variance from this Agreement shall be binding on either party unless
       mutually agreed to, in writing, and signed by the parties hereto.  If any provision of this Agreement is held
       invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of
       this Agreement be construed to remain fully valid, enforceable, binding on the parties.

11.  THE INSPECTION REPORT DOES NOT CONSTITUTE A WARRANTY, GUARANTEE OR
       INSURANCE POLICY OF ANY KIND.  THERE ARE NO WARRANTIES MADE AGAINST ROOF
       LEAKS, WET BASEMENTS, OR MECHANICAL BREAKDOWNS.  THE REPORT IS A
       PROFESSIONAL OPINION BASED ON A VISUAL INSPECTION OF THE ACCESSIBLE AREAS AND
       FEATURES OF THE PROPERTY AS OF THE DATE AND TIME OF THE INSPECTION AND IS NOT A
       LISTING OF REPAIRS TO BE MADE.  THE REPORT IS NOT AN ASSESSMENT NOR IS IT AN
       APPRAISAL. NEITHER THE INSPECTOR  NOR CAN DO HOME INSPECTIONS AND OR CAN DO
       HOME REPAIR IS ASSOCIATED WITH ANY SELLER, BUYER, CONTRACTOR, LAWYER OR
       REALTOR.  OTHER THAN THE INSPECTION FEE, INSPECTOR HAS NO FINANCIAL INTEREST IN
      THE PROPERTY.

12.  THE INSPECTION PROCESS IS A TWO PART SYSTEM:  THE VERBAL SURVEY AND THE REPORT. 
       AS SUCH, THIS REPORT IS NOT TRANSFERABLE TO THIRD PARTIES AS IT WILL NOT CLEARLY
       CONVEY THE INFORMATION HEREIN.  THIS REPORT IS PREPARED BY INSPECTOR AT YOUR
       REQUEST, ON YOUR BEHALF, AND FOR YOUR USE AND BENEFIT ONLY; THIS REPORT AND
       ANY MEMORANDA OR INFORMATION PROVIDED TO YOU PURSUANT TO THIS INSPECTION
       AGREEMENT ARE NOT TO BE USED, IN WHOLE OR IN PART, OR RELEASED TO ANY OTHER
       PERSON WITHOUT INSPECTOR’S PRIOR WRITTEN PERMISSION.  Client hereby agrees to indemnify,
       defend and hold harmless Inspector and Can Do Home Inspections and or Can Do Home Repair if, through
       the unauthorized distribution of this report, any third party brings a claim against Inspector or Can Do Home
       Inspections and or Can Do Home Repair relating to the inspection or Inspection Report.

       “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.”; and
      
         “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.”



       By initialing here (______), you authorize us to distribute a copy of the Report to your real estate agent
       directly involved in this transaction, who is not a designated beneficiary of the Report, intended or otherwise.

       I hereby authorize the inspection of this Property having read and understood this Agreement:


       __________________________________________________       _______/_______/__________
Signature of Client or Client’s  Representative                                    Dated
Signed                                                     (mm/dd/yyyy)


       ______________________________________________                    Can Do Home Inspections Signature of Authorized Inspector
                                                       
34 Metzner Rd.,
Ronkonkoma, New York 11779
        Inspected By:
        Bob Van Stry
        N.Y.S. Lic. #16000005960


        Spoke with Seller  (   ) Yes  (   ) No
                                                                                                       Inspection Time:  xxxxx- 2012  00:00 PM

 
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