This pre-inspection agreement (hereafter referred to as the “Agreement”) is made this ________ day of
______________________, 20_____, between ______________________ (“Company”), and
_______________________________________, (“Client”). The address of “House to Be Inspected”
Address: __________________ City: ____________________ State: HAWAII Zip: _______________.
WHEREAS, the inspector is a certified member of The American Society of Home Inspectors (ASHI)
and registered. The inspection will be performed in compliance with the standards of practice of ASHI.
The scope of the inspection is limited to the items listed above and within the report pages.
1.1. The Company agrees to perform the following services for the Client,
i. Home Inspection. A limited visual inspection and prepare a written report of the apparent
condition of the readily accessible installed systems and components of the Premises (the house
and one attached or detached garage) existing at the time of the inspection.
ii. Latent and concealed defects and deficiencies are excluded from the inspection. Sheds,
outbuildings, and other accessory structures are excluded.
iii. Installed components included in the inspection are structural system/foundation, exterior, roof
system, plumbing system, electrical system, heating system, cooling system (weather permitting),
interior, insulation and ventilation, fireplaces and solid fuel burning appliances (if present).
1.2. The Client shall assume all the risk for all conditions which are concealed from view at the time
of the inspection, or considered outside the scope of the inspection.
NOTE: The inspection does not include an examination for the conditions and operation of water
softeners & purifiers, septic systems, swimming pools & spas, telephones, security & fire protection
systems. This is not an inspection to determine the presence of wood destroying organisms or pests. The
inspection does not address the possible presence of or danger from any potentially harmful substances
and environmental hazards, including, but not limited to fungi, mold, mildew, bacteria, asbestos, radon
gas, lead-based paint, urea formaldehyde, air quality, toxic or flammable chemicals, and water quality.
THE REPORT IS NOT A COMPLIANCE INSPECTION OR CERTIFICATION FOR PAST OR
PRESENT GOVERNMENTAL CODES OR REGULATIONS OF ANY KIND.
NOTICE OF CLAIM.
The Client shall provide the Company with a written notice of a claim for damages within TEN (10)
business days of the date of the Client’s discovery. The Client further agrees to allow the Company the
opportunity to re-inspect the subject property prior to any remedial measures or repairs, with the
exception of emergency conditions.
STATUTE OF LIMITATION.
The Client any action to recover damages for any act, error or omission by the Company relating to the
inspection or the inspection report must be brought not more than TWELVE (12) months from the date of
LIMITATION OF ACTIONS.
No action shall be maintained by the Client against the Company unless a written notice, sent by certified
mail return receipt requested, setting forth that an installed system or component of the Premises which
was inspected by the Inspector was not in the condition reported by the Inspector, is delivered by the
Client to the Company within TEN (10) business days after the discovery of such defect becomes known
to the Client. The Client agrees that, with the exception of emergency conditions, the Client or the
Client’s agents, employees or independent contractors will make no alterations, modifications or repairs
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to the claimed discrepancy prior to a re-inspection by the Inspector. Furthermore, any action must be
commenced by the Client within ONE (1) year after the date of the Inspection or will be deemed waived
and forever barred.
THIRD PARTY LIABILITY.
The Parties agree that the inspection and report are performed and prepared for the confidential and
exclusive use and possession of the Client. NO other person or entity may rely on the report issued
pursuant to this Agreement.
Any dispute, controversy, interpretation, or claim of any kind arising out of, from, or related to the pre-
inspection, this Agreement, or the inspection report shall be submitted to mediation prior to filing any
action. In the event the parties cannot mutually agree upon the selection of a mediator, the parties agree
that the Midwest Pro-ASHI Chapter of the American Society of Home Inspectors shall select the
mediator. The mediator’s fees shall be borne equally by both Parties.
GOVERNING LAW, SEVERABILITY & ENTIRE AGREEMENT.
This Agreement shall be governed by and construed in accordance with the laws of _________. Exclusive
jurisdiction and venue shall be in _________.
This Agreement contains the entire Agreement between the parties relating to the subject matter hereof
and supersedes any and all prior agreements or understandings, written or oral, between the parties related
to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and
signed by both parties hereto.
This Agreement shall be binding upon and inure to the benefit of the Company and the Client and their
respective successors and assigns, provided that the Company may not assign any of their obligations
under this Agreement without the Client’s prior written consent.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
THE CLIENT agrees that by signing below, I acknowledge that I received this Notice and Agreement
prior to the start of the home inspection, that I have been given appropriate time to read this Agreement
and that I have read, understand and agree to the terms and conditions contained herein.
Client’s Contact Information. _____________
Client’s Signature. ___________ Date. ___________
Contact information. ____________
Company’s Official seal/signature. ____________ Date. __________