Home Inspections in Niagara, Hamilton, Halton, GTA – mold, Asbestos and radon inspections across Ontario

Agreement

Inspection Agreement

The address of the property is: ________________________________________________________________________________

Fee for the home inspection is $______________ (this price
is inclusive of discounts and applicable taxes)

THIS AGREEMENT made on ___________ by and between jointly
Future Proof Property Inspections Inc. and their inspector Leonard Inkster (Hereinafter “INSPECTOR”) and the
undersigned client(s) *client.fullnames-oneline* (hereinafter
“CLIENT”), collectively referred to herein as “the Parties.”

The Parties Understand and Voluntarily Agree as
follows:

INSPECTOR agrees to perform a visual inspection of the
home/building and to provide CLIENT with a written inspection
report identifying the defects that INSPECTOR both observed and
deemed material. INSPECTOR may offer comments as a courtesy, but
these comments will not comprise the bargained-for report. The
report is only supplementary to the seller’s disclosure.

The Inspection of this property is subject to the Limitations
and Conditions set out in this Agreement. It is based on a visual
examination of the readily accessible features of the building. The
Inspection is performed, Unless otherwise inconsistent with this
Agreement or not possible, in accordance with the Current Standards
of Practice of the International Association of Certified Home
Inspectors posted here.
CLIENT understands that these standards contain certain
limitations, exceptions, and exclusions.

The inspection and report are performed and prepared for the use
of CLIENT however the Copyright and Ownership of the report lies
with INSPECTOR who assigns a non-exclusive right solely to CLIENT
upon completion of payment. This right does not allow this report
to be copied, transferred or otherwise shared by CLIENT with any
third party and does not allow CLIENT to sell or otherwise use the
report for any commercial purposes whatsoever without the prior
written consent of INSPECTOR.

CLIENT gives INSPECTOR permission to discuss observations with
real estate agents, owners, repair-persons, 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 represents an opinion of the condition of the
property at the time and date of the inspection and are in no way
intended to be a guarantee, warranty or an insurance policy express
or implied, with regards to current or future use, operability,
habitability or suitability of the home/building or its components.
Any and all warranties, express or implied, including warranties of
merchantability and fitness for a particular purpose, are expressly
excluded by this Agreement.

LIMITATIONS AND CONDITIONS OF THE HOME
INSPECTION

These Limitations and Conditions explain the scope of your Home
Inspection. Please read them carefully before signing this
Agreement. The purpose of your Home Inspection is to evaluate the
general condition of a property. This includes determining whether
systems are still performing their intended functions. There are
limitations to the scope of this Inspection. It provides a general
overview of the more obvious repairs that may be needed. It is not
intended to be an exhaustive list. The ultimate decision of what to
repair or replace is yours. One homeowner may decide that certain
conditions require repair or replacement, while another will
not.

The Home Inspection provides you with a basic overview of the
condition of the property. Because INSPECTOR has only a limited
amount of time to go through the property, the Inspection is not
technically exhaustive. If you have concerns about any of the
conditions noted, please consult the text that is referenced in the
report.

Some conditions noted, such as foundation cracks or other signs
of settling in a house, may either be cosmetic or may indicate a
potential structural problem that is beyond the scope of the Home
Inspection. If you are concerned about any conditions noted in the
report, we strongly recommend that you consult a qualified licensed
contractor or engineering specialist. These professionals can
provide a more detailed analysis of any conditions noted in the
report at an additional cost.

A Home Inspection does not include identifying defects that are
hidden behind walls, floors or ceilings. This includes wiring,
structure, plumbing and insulation that is hidden or
inaccessible.

Some intermittent conditions may not be obvious on a Home
Inspection because they only happen under certain circumstances or
exist in areas not accessible to a visual, non-invasive inspection.
Non-exhaustive examples are:

  • INSPECTOR may not discover leaks that occur only during certain
    weather conditions.
  • INSPECTOR will not find conditions that may only be visible
    when storage or furniture is moved.
  • INSPECTOR will not remove wall coverings, including wallpaper,
    move furniture, or lift flooring, including carpet to look
    underneath.
  • INSPECTOR will not open any permanently or semi-permanently
    sealed openings such as Windows, Doors or accesses that have been
    painted or otherwise sealed shut.

A Home Inspection is a representative sampling exercise with
respect to house components that are numerous, such as bricks,
windows, doors and electrical receptacles. As a result, some
conditions that are visible may go un-reported.

The Inspection does not include hazardous materials that may be
in or behind the walls, floors or ceilings of the property, whether
visible or not. This includes building materials that are now
suspected of posing a risk to health such as phenol-formaldehyde
and urea-formaldehyde based products, fiberglass insulation and
vermiculite insulation. INSPECTOR does not identify asbestos
roofing, siding, wall, ceiling or floor finishes, insulation or
fire proofing. INSPECTOR does not look for lead or other toxic
metals in such things as pipes, paint or window coverings.
The Inspection does not deal with environmental hazards such as the
past use of insecticides, fungicides, herbicide or pesticides.
INSPECTOR does not look for, or comment on, the past use of
chemical termite treatments in or around the property.

INSPECTOR is not responsible for and do not comment on the
quality of air in a building. INSPECTOR does not try to determine
if there are irritants, pollutants, contaminants, or toxic
materials in or around the building. The Inspection does not
include spores, fungus, mold or mildew including that which may be
concealed behind walls or under floors, for example. You should
note that whenever there is water damage, there is a possibility
that visible or concealed mold or mildew may be present unseen
behind a wall, floor or ceiling.
If anyone in the home suffers from allergies or heightened
sensitivity to quality of air, we strongly recommend that you
consult a qualified Environmental Consultant who can test for toxic
materials, mold and allergens at an additional cost.

INSPECTOR does not look for, and is not responsible for, fuel
oil, septic or gasoline tanks that may be buried on the
property.
If fuel oil or other storage tanks remain on the property, you may
be responsible for their removal and the safe disposal of any
contaminated soil. If you suspect there is a buried tank, we
strongly recommend that you retain a qualified Environmental
Consultant to determine whether this is a potential problem.

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.

PAYMENT

Payment of the fee to INSPECTOR is due upon completion of the
on-site inspection. The CLIENT agrees to pay all legal and time
expenses incurred in collecting overdue 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.

DISPUTE RESOLUTION AND REMEDY
LIMITATION:

NOTICE OF CLAIMS – CLIENT
understands and agrees that any claim(s) or complaints(s) arising
out of or related to any alleged act or omission of INSPECTOR in
connection with the Services shall be reported to
INSPECTOR, in writing, within ten (ten) business days of discovery.
Unless there is an emergency condition, you agree to allow
INSPECTOR a reasonable period of time to investigate the claim(s)
or complaint(s) by, among other things, re-inspection before you,
or anyone acting on your behalf, repairs, replaces, alters or
modifies the system or component that is the subject matter of the
claim.

CLIENT understands and agrees that any failure to timely notify
INSPECTOR and allow adequate time to investigate as stated above
shall constitute a complete bar and waiver of any and all claims
you may have against INSPECTOR related to the alleged act or
omission unless otherwise prohibited by law.

LIMITATIONS PERIOD
CLIENT shall have no cause of action against INSPECTOR after one
year from the date of the inspection. This time limitation period
may be shorter than otherwise provided by law.

LIMIT OF LIABILITY Due to the nature
of the Services provided by INSPECTOR it is difficult to foresee or
determine, at the time of the inspection, potential damages in the
event of an actual or perceived error or omission negligence or
breach of this Agreement by INSPECTOR. Thus INSPECTOR assumes no
liability for the cost of repair or replacement of reported or
unreported defects or deficiencies either current or arising in the
future.

CLIENT understands and agrees that the liability of INSPECTOR,
its company, agents, employees, for claims or damages, costs of
defense or suit, attorney’s 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 for 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; and (iii) to enable the INSPECTOR to
perform the inspection at the stated fee which would otherwise be
more technically exhaustive, likely require specialist(s) and would
cost substantially more than the fee paid for this limited
visual inspection.

In the event of a claim against INSPECTOR, CLIENT agrees to
supply INSPECTOR with the following: (1) Written notification of
adverse conditions, and (2) Access to the premises both within 10
days of discovery . Failure to comply with the above conditions, or
if conditions have been disturbed, altered, repaired, replaced, or
otherwise changed before INSPECTOR has had a reasonable period of
time to investigate, will release INSPECTOR and its agents from any
and all obligations or liability of any kind.

The parties agree that any litigation arising out of this
Agreement shall be filed only in the Court having jurisdiction in
the Province and Locale 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.

HOLD HARMLESS AGREEMENT – CLIENT agrees
to hold any and all real estate agents involved in the purchase of
the property to be inspected harmless and keep them exonerated from
all loss, damage, liability or

expense occasioned or claims by reason of acts or neglects of the
INSPECTOR or his employees or visitors or of independent
contractors engaged or paid by INSPECTOR for the purpose of
inspecting the subject home.

NEGOTIATION AND EFFICIENT PROCESS

The Parties agree that, both during and after the performance of
their responsibilities under this Agreement, each of them shall
make bona fide efforts to resolve any disputes arising between them
by amicable negotiations and provide frank, candid and timely
disclosure of all relevant facts, information and documents to
facilitate those negotiations. The Parties further agree to use
their best efforts to conduct any dispute resolution procedures
herein as efficiently and cost effectively as possible.

MEDIATION

The Parties agree to attempt to resolve all disputes arising out
of or in connection with this contract, or in respect of any legal
relationship associated with it or from it, by mediated
negotiation, with a neutral mediator who is familiar with the
inspection industry and, administered under the rules of the
Arbitration and Mediation Institute of Canada.

ARBITRATION

If the dispute cannot be settled within 21 days after the
mediator has been appointed, or such other period agreed to in
writing by the Parties, the dispute shall be referred to and
finally resolved by arbitration pursuant to the rules of
Arbitration and Mediation Institute of Canada before a single
arbitrator who is familiar with the inspection industry. The
decision of the Arbitrator shall be final and binding and not
subject to appeal or question of fact, law or mixed fact and law.
In the absence of any written agreement otherwise, the place of
arbitration shall be Niagara Falls, Ontario.

SEVERABILITY

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 HAS CAREFULLY READ THE
FOREGOING, UNDERSTANDS AND AGREES TO IT AND ACKNOWLEDGES RECEIPT OF
A COPY OF THIS AGREEMENT.

___________________________________
FOR INSPECTOR

___________________________________
FOR CLIENT
___________________________________
Date Signed