Charles W. Boyd
Home Inspection Services
8251 Klitbo Rd North Augusta On.
613-926-0892
Home Inspection Agreement
The address of the property is:
________________________________________________________________________.Fee for the home inspection is
$___________. Inspector acknowledges receiving a deposit of $________ from CLIENT.THIS AGREEMENT made this
_________ day of _________________, 200__, by and between Charles W. Boyd Inspection Services(Hereinafter called “”THE INSPECTOR”) and the undersigned (hereinafter called “THE CLIENT”), collectively referred to herein as “the parties”. The Parties Understand andVoluntarily Agree as follows:
1. This agreement constitutes the entire contract and agreement between the parties and there are no verbal understandings or other agreements of any
nature with respect to the subject matter of this contract except as contained in writing herein. CLIENT understands and agrees that the written report
provided by INSPECTOR pursuant to this Contract constitutes the only representations made by the INSPECTOR with respect to the subject matter
of this contract.
2. INSPECTOR agrees to perform a visual inspection of the home/buildings and provide CLIENT with a written inspection report identifying the
defects that INSPECTOR both observed and deemed material. This is a generalist inspection completed in a limited amount of time. It is not a code compliance
inspection and does not include any research, such as the necessary to establish boundaries, easements, or the issuance of permits and
certificates of occupancy. The inspection report is not a substitute for the Transfer Disclosure Statement, which is required by civil code.
INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report.
3. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance to the current
Standards of Practice of the National Association of Certified Home Inspectors a copy of which is posted at http://www.nachi.org/sop.htm. CLIENT
understands that these standards contain certain limitations, exceptions and exclusions.
4. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with
real estate agents, owners, repairpersons and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third
parties. INSPECTOR'S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or
implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or
implied, including warranties or merchantability and fitness for a particular purpose, are expressly excluded by this Agreement.
5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction
where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she
is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those
within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing.
6. In the event of a claim against INSPECTOR, CLIENT agrees to: (1) undertake emergency measures only; (2) not alter, repair, replace, correct or
modify any disputed component or condition without first supplying INSPECTOR written notification of adverse conditions within 14 days of
discovery; (3) allow INSPECTOR, or their representative, access to the premises for re-inspection of the disputed item(s). Failure to comply with the
above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.
7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the
INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law,
CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
8. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement
represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions
other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by
INSPECTOR. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the
parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.
CLIENT shall have no cause of action against INSPECTOR after one (1) year from the date of the inspection. This time may be shorter than the law
otherwise provides.
9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay
all legal and time expenses incurred in collecting due payments, including attorney's fees, if any. If CLIENT is a corporation, LLC, or similar entity,
the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
Client/Agent
Initials
_______ 10. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or
deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its
agents, employees, for claims or damages, costs of defence or suit, attorneys fees and expenses and payments
arising out of or related to the INSPECTOR'S negligence or breach of any obligation under this Agreement,
including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an
amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any
claim for consequential, exemplary, special or incidental damages or the loss of the use of the home/building
even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the
liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may
be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; an (iii) to
enable the INSPECTOR to perform the inspection at the stated fee.
AUTHORIZATION
I, ____________________________,_____________________________, have carefully read and understood all the above terms and conditions.
terms, conditions and limitations of this contract and voluntarily agree to be bound thereby and agree to pay the fee listed above.
Client: _______________________________________________ Date: _______________________
Agent Signature: _______________________________________ Date: _______________________
Signature of agent on behalf of Client with clients' permission
Current Address: ______________________________________________ City: ________________
Province: _______________ Postal Code: _______________ Phone: _______________________________
Email Address (if applicable): __________________________________________________________
Inspector: ____________________________________________ Date: _______________________
Charles W. Boyd Home Inspection Services
Authorization to Release Report
Agent/Individual: _______________________________________________
Current Address: ______________________________________________ City: ________________
Province: _______________ Postal Code: _______________ Phone: _________________________________
Email Address (if applicable): __________________________________________________________
I, the client hereby authorize the Inspection Report to be released to the above Agent(s)/Individual(s):
Client: _______________________________________________ Date: _______________________
Agent Signature: _______________________________________ Date: _______________________
Signature of agent on behalf of Client with clients' permission