To allow you sufficient time to see what our Agreements say, we have posted them here. These will be the agreements that you will be expected to sign before we will perform the relevant inspection for you.
|Full Agreement||Plain English|
Notes on signing
This agreement can be electronically signed by accepting it on the HomeGauge system.
Digital signing is considered the equivalent of physically signing the document and indicates you have read and agree to the agreement.
A copy of any digitally signed document will be included with the report.
It is important that you read this agreement and associated Standard of Practice before the inspection. If you are unsure of any of the terms of this agreement you are recommended to seek legal advice before signing. This is for your protection.
Logistics and General Scope
THIS AGREEMENT made by and between Future Proof Property Inspections Inc. (Hereinafter ‘INSPECTOR’) and the undersigned *client.fullnames* (hereinafter ‘CLIENT’), collectively referred to herein as ‘the parties.’ The Parties Understand and Voluntarily Agree as follows:
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, the Law, or not possible, in accordance with the CAN/CSA-A770-16 Home Inspection Standard. Which can be viewed at the Canadian Standards Authority site here bit.ly/2PmMhRB.
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 to CLIENT upon completion of payment. This right does allow this report to be copied, transferred or otherwise shared by CLIENT with any third party but does not allow CLIENT to sell or otherwise use the report for any commercial purposes whatsoever without the prior written consent of INSPECTOR.
CLIENT agrees to hold INSPECTOR harmless form any third party that may make a decision based upon the inspection or report.
CLIENT gives INSPECTOR permission to discuss observations with real estate agents, owners, repair-persons, and other interested parties.
If this is a pre-listing inspection and the report is to be used to provide full disclosure to potential buyers, the inspector will be able to publish this report on-line with open access to members of the public, until after the home is sold, at the request of the client.
Publication WILL NOT OCCUR unless we are so directed to do, in writing, by CLIENT.
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:
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 visible conditions may go unreported.
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, fibreglass insulation and vermiculite insulation.
INSPECTOR does not identify asbestos roofing, siding, wall, ceiling or floor finishes, insulation or fireproofing.
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 does 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. Unless otherwise contracted, a Home Inspection does not include looking, or sampling for spores, fungus, mould 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 mould or mildew may be present unseen behind a wall, floor or ceiling.
If anyone in the home suffers from allergies or heightened sensitivity to the quality of air, we strongly recommend that you consult a qualified Environmental Consultant who can test for toxic materials, mould 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 an 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.
The payment of the fee to INSPECTOR is due by the 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 personally guarantees payment of the fee by the entity.
CANADIAN ANTI-SPAM LEGISLATION (CASL)
Future Proof Property Inspections Inc. provides online services such as report delivery, user ID and password updates, regular maintenance updates, and product recalls and therefore needs to be able to send, on occasion, electronic messages. Because of the recent changes to the Canadian Anti-Spam legislation we need your consent to be able to provide these messages. By agreeing to this contract you are providing your consent. This consent can be revoked, by CLIENT, at any time in the future.
COVID-19 PROCEDURAL CHANGES
During the COVID-19 crisis, it is imperative for everyone’s safety that you complete the COVID-19 Questionnaire and provide this to your Inspector. You agree to waive all rights of litigation against Inspector should, as a result of information received as part of our inquiries, or as a result of actions outside of our control, for anything with respect to this inspection. This includes, but is not limited to: Last-minute cancellation of the inspection, early termination of the inspection, refusal to inspect certain components of the property, prohibiting close personal contact, no post-inspection personal walkthrough.
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 & 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, due to the nature of the services provided by INSPECTOR as identified above, CLIENT waives any right to make any claim, with respect to these services or this contract, against INSPECTOR, its company, agents, employees after one year from the date of the inspection. Following the expiry of the one-year period, the client shall have no claim whatsoever against the inspector.
CLIENT furthermore understands and agrees that, due to the nature of the services provided by INSPECTOR as identified above, the liability of INSPECTOR, its company, agents, employees, for claims or damages, costs of defence 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 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. If 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.
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.
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.
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.
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.
SIGNED ON BEHALF OF INSPECTOR