CONFIDENTIAL - FOR USE
is made between HOMEFIRST INSPECTION SERVICES, LLC. (herein referred
to as the "Company") and
(Type in Customer Name),
(herein referred to as "Customer") regarding a building
(the "building") to be inspected located at
(Type in Inspection Address).
This Company agrees to perform an inspection of the building
for the purpose of alerting the Customer to major deficiencies
in its condition. A report (the "Report") containing
the inspection's finding will be prepared by the Company and provided
to the Customer for its sole, exclusive and confidential use.
The company will perform its inspection in accordance with the
Standards of Practice of ASHI. Minor or cosmetic defects will
not be reported.
The inspection fee is due and payable upon presentation of the
Report and is based on a single visit to the Building. Additional
fees may be charged for subsequent visits required by the Customer
or, if the inspector conducting the inspection is called upon
to prepare for litigation, give testimony as a result of his inspection,
or the like, such additional services are beyond the scope of
The inspection will be conducted only on visible and accessible
areas and components of the Building, and is limited to the apparent
condition of the Building on the date of the inspection. Not all
conditions may be apparent on the inspection date due to weather
conditions, inoperable systems, inaccessibility, and the like.
Conditions may exist which remain undiscovered. While the inspection
reduces the risk of purchasing property, it does not eliminate
such risk. The Company is not responsible for the failure to discover
latent defects or for problems which occur or become evident after
the inspection time. No invasive or destructive testing will be
made. No equipment, systems or appliances will be dismantled.
The moisture content of all walls, floors, ceilings, siding, and
the like will not be tested. As to certain conditions, only random
sampling will be conducted. The inspection report will not address
the presence of radon gas, lead paint, asbestos, urea formaldehyde,
carbon monoxide or any other toxic or potentially harmful or flammable
chemicals, the well system, septic tank or other buried drainage
or storage systems, the security system, the central vacuum systems,
water softeners or treatment services, fire sprinkler systems,
the presence of rodents, termites, wood-boring insects, ants,
birds or other infestation. Neither this Agreement nor the Report
constitutes or should be construed to be:
(a) a compliance inspection with respect to any code, standard
(b) a guarantee, warranty of policy of insurance;
(c) a survey, appraisal or flood plain certification;
(d) a wood-destroying organism report;
(e) an opinion regarding the condition of title, zoning or compliance
with restrictive covenants;
(f) an environmental, mold, moisture or engineering analysis.
The Customer may wish to seek other advice or recommendations
from appropriate professionals regarding the foregoing, conditions
revealed in the Report, and areas excluded from the scope of the
The Company assumes no liability for the cost of repair or replacement
of unreported defects or deficiencies either current or arising
in the future. The Company's liability for mistakes or omissions
in the conduct of this inspection and its Report is limited to
the refund of the fee paid. This limitation of liability is binding
upon the customer, its heirs, successors and assigns, and all
other parties claiming by or through the Customer.
This is the entire agreement of the parties regarding these matters.
Any modification or amendment to this Agreement must be in writing
and signed by the affected party. In the event any portion of
this Agreement is determined to be unenforceable, the remainder
of it will continue in full force and effect.
This Agreement is binding upon and available to the heirs, successors
and, to the extent permitted hereunder, the assigns of each of
the parties. Any controversy of claim between the parties arising
out of or relating to the interpretation of this Agreement, the
services rendered hereunder or any other matter pertaining to
this Agreement will be submitted in accordance with the applicable
rules of the American Arbitration Association. The parties shall
mutually appoint an arbitrator who is knowledgeable and familiar
with the professional home inspection industry. Judgment on any
award may be entered in any courts having jurisdiction and the
arbitration decision shall be binding on all parties. Secondary
or consequential damages are specifically excluded. All claims
must be presented within one year from the date of inspection.
The Company is not liable for any claim presented more than one
year after the date of inspection. In the event the Customer commences
an arbitration and is unsuccessful in it, the Customer will bear
all of the company's expenses incurred in connection therewith
including, but not limited to, attorney's fees and a reasonable
fee to the employees of the Company to investigate, prepare for,
and attend any proceeding or examination. Customer may not present
or pursue any claim against the Company until (1) written notice
of the defect or omission is provided to the Company and (2) the
Company is provided access to and the opportunity to cure the
I have been encouraged to participate in the inspection/survey
and accept responsibility for incomplete information should I
not participate in the inspection. My participation shall be at
my own risk for falls, injuries, property damage, etc.
I accept that this work is no substitute for a pre-settlement
inspection for which I am responsible since damages, mechanical
failures, and symptoms, cures, etc. may appear after this work
and before my legal acceptance of the property. I waive all claims
against the inspector/surveyor of company in the absence of diligently
performing my pre-settlement inspection and for lack of more extensive
investigation and follow through with a specialist on any problems
noted including confirmation
of any cost approximations.
I accept by signing this agreement, I authorize Brinks Home Security
to call me at the phone numbers I have provided to discuss a special
HomeFirst will perform a Standard Home Inspections as described
above. A "TECHNICALLY EXHAUSTIVE" is available without
a limit of liability. The company agrees to retain other specialists
(Licensed Electrician, Structural Engineer, Licensed Plumber,
Licensed Roofer, Licensed HVAC contractor, etc.) as necessary
and to prepare a technically exhaustive report with 20 days of
the date of the receipt of this contract. This optional, in-depth,
intensive and technically exhaustive inspection report fee is
approximately four (4) times the Standard Inspection Fee.
2005-2006 All Rights Reserved © HomeFirst
Inspection Services, LLC
Home Inspection, Moisture, Mold & IAQ sampling. Serving
Northeast Florida to include St. Johns, Flagler, Putnam and Duval counties.
Member, and Registered/Certified Inspector (Housing Inspection Foundation).