All Pro Home Inspections Ernest Borsellino NJ Lic # GI0157
110 Inwood Place, Maplewood, NJ 07040 (973) 868-4979
I N S P E C T I O N A G R E E M E N T
THIS IS A LEGALLY BINDING CONTRACT PLEASE READ IT CAREFULLY
1. Client requests a limited visual Inspection of the structure
identified at the above address by an inspector employed by All
Pro Home Inspections, hereinafter referred as the “Licensee” or
“Inspector” of All Pro Home Inspections, hereinafter referred as the
“Company” and Client hereby represents and warrants that all
approvals necessary have been secured for Company’s entrance
on to the property.
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2. Client warrants that: (a) Client has read this Agreement
carefully, (b) Client understands Client is bound by all the terms of
this Agreement, and (c) Client will read the entire Inspection Report
when received and promptly inquire if any questions arise.
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3. Client understands that the Inspection and Inspection
Report are performed and prepared for Client’s sole and exclusive
use and is not intended to be relied upon by any 3rd party.
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4. Inspector agrees to perform a limited visual Inspection of
the structure at the above address and to provide Client with a
written opinion as to the apparent general condition of the
structure’s components and systems, including identification of
significant observable deficiencies as they exist at the time of
Inspection. The Inspection will be performed in a manner
consistent and governed by the New Jersey Administrative Code
contained at N.J.A.C. 13:40-15 and that the licensee shall comply
with these rules and failure to comply with the rules may subject
the licensee to discipline.
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5. The Inspection only includes those systems and
components expressly and specifically identified in the Inspection
Report. Any area which is not exposed to view, is concealed, is
inaccessible because of soil, walls, floors, carpets, ceilings,
furnishing or any other thing, or those areas/items which are not
listed in the New Jersey Administrative Code contained at N.J.A.C.
13:40-15 and/or by agreement of the parties is not included in this
Inspection. The Inspection does not include any destructive testing
or dismantling. Further, the Inspection does NOT include opinions
relating to the installation of any component or system. In addition
to the other limitation provisions in this Agreement, Client agrees to
assume all the risk for all conditions which are concealed from view
at the time of the inspection or exist in any area excluded from
Inspection by the terms of this agreement. Maintenance and other
items may be discussed but will NOT form a part of the Inspection
Report.
The following areas/items, systems and components are among
those NOT included in the Inspection:
– Code or zoning violations
– Permit research
– Structural, geological, soil, wave action or hydrological
stability, survey, engineering, analysis or testing
– Repair cost estimates
– Building value appraisal
– Radio controlled devices
– Automatic gates0
– Elevators, lifts, dumbwaiters
– Thermostatic or time clock controls
– Water softener or purifiers
– Radiant heat systems
– Furnace heat exchanger
– Solar heating systems
– Private water or sewage systems
– Odors or noise
– Freestanding appliances
– Security or fire safety systems
– Security bars and/or safety equipment
– Personal property
– Proximity to railroad tracks or airplane routes
– Boundaries, easements or rights of way
– Unique/technically complex systems or components
– System or component life expectancy
– Pools, spas, hot tubs, saunas, steam baths, fountains or
other types of or related systems and components
– Gas appliances such as fire pits, barbecues, heaters and
lamps. Main gas shut off valve. Any gas leaks
– Adequacy or efficiency of any system or component
– Items specifically noted as excluded in the inspection report
– Termites or other wood destroying insects, rodents or other
pests rot, fungus or mold; or damage from or relating to the
preceding
– Latent or concealed defects
– Asbestos, radon gas, lead paint, urea formaldehyde, toxic
or flammable chemicals, mold, water or air quality, PCB’s or
other toxins, electro-magnetic fields, underground storage
tanks, proximity to toxic waste sites or other environmental
or health hazards
If Inspection is desired of any of the areas/items, systems or
components listed above, then Client shall contact the appropriate
professionals.
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6. Client understands that the Inspection and Inspection
Report do not, in any way, constitute a/an: (1) guarantee, (2)
warranty of merchantability or fitness for a particular purpose, (3)
express or implied warranty, or (4) insurance policy. Additionally,
neither the Inspection or Inspection Report are substitutes for any
real estate transfer disclosures which may be required by law.
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7. The written report to be prepared by Inspector shall be
considered the final and exclusive findings of Inspector of the
structure. Client understands and agrees that Client will not rely
on any oral statements made by the Inspector prior or subsequent
to the issuance of the written Inspection report. Client further
understands and agrees Inspector reserves the right to modify the
Inspection Report for a period of time that shall not exceed forty
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eight (48) hours after the Inspection Report has first been delivered
to Client or if new information has been obtained from an another
source that was not available at the time of the inspection.
8. Client understands and agrees that any claim arising out of
or related to any act or omission of Inspector in connection with the
Inspection of the structure, as limited herein, shall be made in
writing and reported to Company within ten(10) business days of
discovery. Client further agrees to allow Inspector the opportunity
to re-inspect the claimed discrepancy, with the exception of
emergency conditions, before Client or Client’s agents, employees
or independent contractors repairs, replaces, alters or modifies the
claimed discrepancy. Client understands and agrees that any
failure to notify Inspector as stated above shall constitute a waiver
of any and all claims Client may have against Inspector.
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9. The parties to this agreement agree and affirm that
preceding the filing of any legal action each party is bound upon
proper notice to participate in mediation before a locally recognized
mediator/mediation service accepted by all parties and familiar with
the guidelines of the New Jersey Administrative Code contained at
N.J.A.C. 13:40-15 and applicable Civil Code provisions. If the
parties cannot agree on a mediator/mediation service the parties
shall adopt a plan where each side selects mediators who will than
select a mediator. Lastly, it is understood by all parties that this
mediation is non-binding.
In the event that the preceding mediation does not resolve the
dispute than any dispute, controversy, interpretation or claim
including claims for, but not limited to, breach of contract, any form
of negligence, fraud or misrepresentation or any other theory of
liability arising out of, from or related to this contract or arising out
of, from or related to the Inspection or Inspection Report shall be
submitted to final and binding arbitration under the Rules and
Procedures of the Expedited Arbitration of Home Inspection
Disputes of Construction Arbitration Services, Inc. The decision of
the Arbitrator appointed there under shall be final and binding and
judgment on the Award may be entered in any Court of competent
jurisdiction. Client understands and agrees that in any such
arbitration, all of the provisions of this agreement shall apply.
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10. Inspection Type:
GENERALIST INSPECTION: An inspection and inspection report
performed and prepared in a manner consistent with the New
Jersey Administrative Code contained at N.J.A.C. 13:40-15 by a
generalist inspector. It is understood and agreed by and between
the parties hereto that the Company’s and its officers’, agents’ or
employees’ LIMITATION OF LIABILITY for errors or omissions in
the Inspection Report is limited and fixed to a refund of the fee paid
for the Inspection and Inspection Report
SPECIALIST INSPECTION: Client understands that the Company
may recommend in addition to this inspection, an inspection and
inspection report by a specialists: Roof, Electrical, Heating and Air
Conditioning, Plumbing, Foundation, Fireplace & Pool (as
applicable) Contractors, Geotechnical and/or Structural Engineers
in addition to the Inspector. This inspection does not have a
LIMITATION OF LIABILITY
Client understands neither inspection includes any form of
destructive examination, testing or dismantling.
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11. Any legal action, including the arbitration proceeding more
specifically described above, including, but not limited to, those
proceedings involving claims arising from this inspection against
said Inspector must be brought within one (1) year from the date of
the Inspection. Failure to bring said action within one (1) year of the
date of the Inspection is a full and complete waiver of any rights,
actions or causes of actions that may have arisen there from.
Timely notice to the Inspector is deemed to be a condition of this
contract with reasonable consideration stipulated thereto. By
signing this agreement Client agrees to this one (1) year limitation
of the statute of limitation.
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12. Client understands and agrees that if they are not present
at the time of the Inspection and therefore do not sign this
Agreement that this Agreement will be deemed signed as if signed
by Client and made a part of the Inspection Report. Acceptance of
the Inspection Report by Client, Client’s payment for said services
therefore constitutes a valid acceptance of the terms and
conditions of this Agreement as if signed by Client.
All Pro Home Inspections requires an Inspection Agreement to be
signed by Client. If you are not present at the Inspection, or, for
whatever reason, did not sign the Inspection Agreement you, by
accepting, paying for, or using, in any way, the Inspection Report,
explicitly acknowledge and agree to be bound by the terms and
conditions of the Inspection Agreement and further agree that the
Inspection Agreement will form a part of this Inspection Report.
undersigned acknowledges receipt of same.
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13. If any portion of this Agreement is found to be invalid or
unenforceable by any court or arbitrator the remaining terms shall
remain in force between the parties.****
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14. This Agreement represents the entire agreement between
the parties. No oral agreements, understandings or
representations shall change, modify or amend any part of this
agreement. No change or modification shall be enforceable
against any party unless such changes or modification is in writing
and signed by the parties and supported by valid consideration.
This Agreement shall be binding upon and inure to the parties
hereto and their spouses, heirs, executors, administrators,
successors, assigns and representatives of any kind whatsoever.
I have read, understand, and agree to be bound by the terms of this contract and to pay the fee listed at the top of page 1
on the scheduled day of the inspection. I am aware that this is a limitation of liability and a contract between
me and the inspector and the inspection company and I sign of my own free will. In the event of a refund of the inspection
fee, the refund shall be accepted by the undersigned as full and final settlement of all claims and cause of action, and the
inspector and/or inspection company as agreed herein.
Client Signature: __________________________________________ Date: _________________
one signature binds all
For All Pro: ____________________________________________ Date: _________________
Signature on file Version 02/15/2007