Inspection Agreement

Scope of Inspections  Reinspections  Exclusions  Disputes  Arbitration  Limitations on Liability  Limitation Period

I, ______________________ hereby request Harvest Inspection Services LLC, herein after known as the Inspector, to conduct a limited visual inspection of this property for the purpose of infoming me of major deficiencies in the condition of the inspected property.

I will hold the Inspector harmless of any and all defects of the non-inspected items (See Exclusions). I understand the written report is the property of the Inspector and the Client and/or the Clients Representative and shall not be used by or transferred to any other person or company without both the Inspector's and the Client's written consent.

I warrant that I will read the following agreement carefully. I understand that I am bound by all the terms of this contract. I further warrant that I will read the entire inspection report when I recieve it, and promptly call and consult with the Inspector with any questions that I may have.

SCOPE OF INSPECTIONS- This Inspection is a limited visual examination of certain readily available systems and components (designated for inspection herein) using normal operating controls and opening readily open-able access panels. The purpose of the inspection is to provide you with information about the condition of certain systems and components of the home at the time of the inspection.

The inspector is a home inspection generalist and is not acting or representing himself as a licensed structural engineer, mechanical engineer, or expert in any craft or trade.

STRUCTURAL AND MECHANICAL INSPECTION- The Inspector will report on accessible and visible deficiencies related to the property's structural systems, electrical systems, heating, ventilation, and air conditioning systems, plumbing systems and appliances. No engineering services are offered or provided. This inspection is not an engineering report and should not be considered one. If any cause of concern is noted on this report, or if you want further evaluation, you should consider consulting with an engineer.

If reinspections are needed to complete the inspection process, there will be additional fees. The inspector is not obligated to change light bulbs, light pilots, move furniture, any personal property, obstructions or floor coverings, or remove ceiling tiles to inspect any part of the building or its equipment. The central cooling system(s) shall not be checked in temperatures below 60 degrees Fahrenheit. The central heating system(s) shall not be checked in temperatures above 90 degrees Fahrenheit. Full evaluation of the integrity of the heat exchanger requires dismantling of the furnace and is beyond the scope of a visual inspection. The inspection is intended to be a practical, nondestructive examination of the function of the building, its components and equipment. The examination is limited to visual, audible and operational techniques.

This inspection is not intended to be technically exhaustive nor is it considered to be a guarantee, home warranty or insurance policy of the future life or failure of the items inspected, expressed or implied.

The Inspector shall not be held responsible or liable for any repairs or replacements with regard to the property, systems, components, or its contents therein. The Inspector is neither a guarantor nor insurer. The Inspector will have no liability for latent defects or items intentionally or otherwise covered, concealed or hidden that cannot be observed by a normal visual inspection, or cannot be determined by normal equipment operation at the time of the inspection. Therefore, the Inspector's liability is specifically limited to those situations where it can be conclusively shown that the mechanical device or structural component inspected was inoperable, in immediate major need of repair, or not performing the function for which it was intended at the time of inspection.

EXCLUSIONS- The Inspector does not take responsibility for reporting noncompliance with any homeowner associations, building, electrical, mechanical, or plumbing codes established by municipal ordinances on any existing structure. The inspection does not include any destructive testing or dismantling. Any area(s) which are not exposed to view, are concealed, or are inaccessible because of soil, construction, walls, partitions, floors, carpet, ceilings, insulation, furnishings, 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, are not inspected. The Client agrees to assume all risk for all conditions, which are concealed from view at the time of the inspection.

The inspector is not required to determine the following: remaining life of any system or component, the causes of any condition of deficiency, methods and costs of corrections, suitability of the property for a specialized use, market value or marketability, advisability of purchase of the property, the presence of pests such as wood damaging organisms (including termites), rodents or insects, rot/decay, fungus (including mold and mildew), decorative items, underground items, breached vaccum seals in insulated glass, or itmes not permanently installed. The Inspector is not required to inspect fences, soil conditions, spas, saunas, steam baths, pools (and related equipment), outbuildings (other than attached garage or carport), sprinkler systems, private and community waste disposal systems, telephones, cable television, intercoms, security systems, low voltage lighting systems, any timing systems, well systems, window-unit air conditioning systems. The inspector is not required to inspect cosmetic items such as paint, wallpaper, carpet, or other finishes on walls, ceilings or floors, and any type of window treatment (such as blinds or draperies). Water/moisture, leaks, seepage and drainage problems are often only visible during or after a certain amount of rain. It is thus impossible to observe water/moisture, leaks, seepage and drainage problems unless the inspection is conducted during or immediately after a rain sufficient to reveal such problems.

DISPUTES- Client understands and agrees that any claim concerning the interpretation of this agreement or for failure to accurately report any visually discernable conditions at the Subject property, as limited herein above, shall be made in writing and reported to the Inspector within (10) business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or Client's agent, employees or independent contractors will make no alterations, modifications or repairs to the claim discrepancy prior to a reinspection by the Inspector. Client understands and agrees that any failure to notify the Inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.

ARBITRATION- Any dispute concerning the interpretation of this agreement or arising from this inspection report, except one for inspection fee payment, shall be resolved informally between the parties or by arbitration conducted in accordance with the rules of a recognized association. The parties shall select an arbitrator who is involved with the home inspection industry. The arbitrator shall conduct summary judgment motions and enforce full discovery rights as a court would as provided in civil proceeding by legal code.

ATTORNEY'S FEES- If a lawsuit is filed by the Client against the Inspector and the Inspector successfully defends the claim of the client, the client agrees to pay the Inspector reasonable attorney's fees, court cost and any other cost incurred in the defending against such claims.

LIMITAION ON LIABILITY- Inspector's liabilities for mistakes or omissions in this inspection report are limited to a refund of the fee paid for the inspection report. The liablility of the inspector's principals, agents, and employees is also limited to the fee paid. This limitation applies to anyone who is damaged or has to pay expenses of any kind because of mistakes or omissions in this inspection report. This liability limitation is binding on client and client's spouse, heirs, principals, assigns and anyone else who may otherwise claim through client. Client assumes the risk of all losses greater than the inspection fee paid for the inspection. Client agrees to immediately accept a refund of the fee as full settlement of any and all claims that may ever arise from this inspection.

SEVERABILITY AND ENTIRE AGREEMENT- The parties agree that should an Arbitrator or Court determine that any provision(s) in this Agreement is void, void-able, or unenforceable, the remaining portions shall remain in full force and effect. This Agreement (in its entirety), and any attached, executed Addenda, contains the entire agreement between the parties, and there are no other representations, warranties, or commitments, except as are specifically set forth herein. This Agreement supersedes any and all representations or discussions, whether oral or written, if any, among the parties relating to the subject matter of this Agreement.

LIMITATIONS PERIOD- Any legal action arising from this Agreement or from the Services and Report, including (but not limited to) the arbitration proceeding more specifically described above, must be commenced within one (1) year from the date of the Services. Failure to bring such an action within this time period shall be a complete bar to any such action and a full and complete waiver of any rights, or claims based thereon. This time limiation period may be shorter than provided by state law.

I hereby acknowlege that I have read, understood, and accepted the visual inspection agreement and authorize the inspection of the property.

Signature of Client(s)_______________________________ Date ____________

Signature of Authorized Inspector____________________________________ Date ____________
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