Disclaimer
This Disclaimer agreement made the ………………………………………………………………………
Between………………………………………………………………………………………………………………………………(The”Client”)
And All Over Home Inspection and Nashaat Roufaiel ( The Inspector).
Whereas the client has retained the inspector to carry out
a home building inspection at ………………….…........
............................ by contract date of …………………………………………..
NOW THEREOFRE this Agreement witnesses that in consideration
of the premises and the mutual covenants hereinafter contained
and the payment of the sum of ($1.00) of lawful money of Canada
now paid by each party to the other (the receipt whereof is
hereby by each of them acknowledged) the Parties hereto covenant
and agree as follows:
General: This visual inspection, which is carried out at
your request, is intended to provide the client with a better
understanding of the property conditions as observed at the
time of the inspection. The inspector makes every effort to
identify any major deficiencies requiring immediate major
repair. This report must be read in its entirety to put the
inspection, its terminology, and its limitations in the proper
perspective. The inspector’s oral comments and written
report will be on his opinion of the property’s condition
at the time of the inspection. This report cannot be taken
as a guaranty, warranty, policy of insurance, or fitness for
obtaining insurance. The inspector does not check installations
carried out by other manufacturers recalls since he does not
have the expertise or information concerning the specific
appliance, fixture, or material.
Scope of Inspection: The inspection is conducted according
to the Standards of Practice of Ontario Association oh home
inspections and. ** These standards are provided in the introduction
of this form an integral part of the report. This is not a
building code or by-law compliance inspection.
Limitations: The inspection is limited to those parts of the
property and related equipment that are easily accessible
and can be evaluated visually. This inspection excludes reference
to potentially hazardous substances, including but not limited
to urea formaldehyde foam insulation (UFFI), radon and asbestos.
The inspector is not permitted to alter equipment or systems
if doing so could result in property damage. Therefore, if
equipment is not functioning the inspector will be unable
to evaluate its operating capability. Further details regarding
limitations are noted in the report.
Exclusive Use: The inspection report is confidential for
the exclusive private use of the client. Use of or reliance
upon the information contained herein by other parties is
strictly prohibited.
General Exclusions: The inspector is not required
to comment on: life expectancy of any component r system;
causes of the need for a major repair; the suitability of
the property for specialized use; market value of the property
or its marketability; any component or system which was not
observed; the presence or absence of pests, such as wood damaging
organisms rodents or insects, cosmetic items, underground
items or items not permanently installed. The inspector is
not required
X
to: offer or perform any act or service contrary to law; offer
any
warranties or guarantees or any kind; calculate the strength,
adequacy, or efficiency if any system or component, disturb
insulation, move personal items, furniture, equipment, plant
life, soil, snow, ice or debris which obstructs access or
visibility; determine the presence of absence of any suspected
hazardous substances including but not limited to toxins,
carcinogens, noise, contaminants in soil, water, and air,
or allergens.
Mould and Fungi: Any fungi and/or molds are excluded from
this inspection. The inspector is not required to comment
on them _X_______ (client to
initial)
Acts of God: The client agrees that the inspector is not
responsible for damage as a result of extreme weather, including
but not limited to floods, high winds, heavy rains, snow,
or hail. The client understands that construction practices
to not design or prevent damage from extreme weather. The
inspector does not confirm if the property is in a floodplain,
hazardous area or contaminated site.
Severability: If for any reason whatsoever any provision
of this Disclaimer Agreement or the application thereof to
any person or circumstances is to any extent held or rendered
invalid, unenforceable or illegal, then such provision is
deemed to be independent of the remainder of this Agreement
and to be severable from this Disclaimer Agreement and its
invalidity, unenforceability or illegality does not affect,
impair or invalidate the remainder of this Agreement or any
part thereof, and such provision continues to be applicable
to and enforceable to the fullest extent permitted by law
against any person or circumstance other than those as to
which it has been held or rendered invalid, unenforceable
or illegal.
Dispute Resolution: It is agreed that any dispute with the
inspector must be brought to the attention of the inspector
in writing prior to alteration, repair or replacement of the
item. The client shall allow reasonable notice and access
to permit the inspector or appointee to view the complaint
issue. The client agrees to hold the inspector harmless for
any and all claims relating to conditions that are altered
or repaired without said notice or inspection. The parties
agree that no action may be brought to recover damages against
the inspector after one year from the date of the inspection
above.
I/We (the client or representative) hereby agree to the contract,
conditions and limitations as set out above and agree to read
the entire report prior to using the information contained
herein.
This agreement is part of Home Report # ABCD123
.
The inspector and the client read , discussed, explained and
signed the agreement before performing the inspection at………………………….
Then Inspection starts at……………………
and completed at ………………………………………..
Client Signature…X…………………………………………………
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