CORNERSTONE HOME INSPECTION AGREEMENT

HOME INSPECTIONS•ENVIRONMENTAL TESTING

___________________________________________________________________________________________________________________

P.O. BOX 6186 • OMAHA, NE 68106 • OFFICE: 402-677-2423 • FAX: 402-614-7722 • EMAIL: CORNERSTONEINSPECTS@COX.NET

CLIENT CONTACT INFORMATION

CLIENT NAME:	HOME PHONE NUMBER
PROPERTY ADDRESS:	CELL PHONE NUMBER:
REQUESTED SERVICES
⁭ GENERAL HOME INSPECTION	⁭ MOLD INSPECTION
⁭ RADON TEST	⁭ OTHER
TOTAL FEE

PAYMENT INFORMATION

Full payment is due at the time of the Inspection. MAKE CHECKS PAYABLE TO CORNERSTONE HOME INSPECTION. Any fee not paid within 5 days of the Inspection will have a service charge of 1.25% monthly, added to the fee, a ten dollar rebilling fee and shall pay all costs of collection incurred by the Inspector, including attorney’s fees.

METHOD OF PAYMENT:	⁭ CASH ⁭ CHECK #:	⁭ OTHER:
AMOUNT RECEIVED:	$
RECEIVED BY:	DATE:

This is a contract. By signing below you acknowledge that you have read, agree to, and understand all of the terms and conditions set forth on the reverse side.

Accepted by CLIENT:

______________________________________________ Date: ______________________

Signature of Client

Accepted CORNERSTONE HOME INSPECTION SERVICES:

Chad M Ahlvers / Owner	Date:

Signature of Inspector

This Home Inspection Agreement (the “agreement”) is made effective on the date stated on Page 1 of the agreement by and between Cornerstone Home Inspection Services (hereinafter “Cornerstone”, “we”, “us”, and “our”) and client named on Page 1 of this agreement (hereinafter “client”, “you”, or “your”) (collectively “parties”).

The Inspection is intended to assist in evaluation of the overall condition of the home at the Property and its unobstructed fixtures as visible and apparent to the Inspector at the time of Inspection. The results of this home inspection are not intended to make any representation regarding latent or concealed defects that may exist, and no warranty or guarantee is expressed or implied. ANY EXPRESS OR IMPLIED WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. Although the person conducting the Inspection is a licensed home inspector, he/she is not a licensed structural engineer, is not an expert in any craft or trade, or other professional whose license authorizes the rendering of an opinion as to the structural integrity of a building or its component parts, you are be advised to seek further professional opinions, as you deem necessary, as to any defects or concerns or directions identified in the Inspection Report prepared by Inspector for the Property, and you must assume all expenses of further investigation, repairs and failure to do so. This Inspection is not exhaustive and the fee charged for this Inspection is substantially less than an exhaustive inspection.

The Inspection will be performed in accordance with the Standards of Practice of the American Society of Home Inspectors (the “ASHI Standards”)(a copy of which is available from us upon request and should be reviewed by you prior to accepting our services. The ASHI standards are hereby incorporated by reference in their entirety and are herby made a part of this Agreement. The Inspection and report are solely for the use of the undersigned Client, and are not transferable to, or for the benefit of a third party under any circumstances, the Inspector assumes no responsibility for any future usage of the report. Although proper care has been taken in performing the Inspection, the Inspection and related report cannot be fully exhaustive, nor does it imply that every component was inspected or that every possible defect was discovered, i.e., when the property contains a number of similar items (such as electrical receptacles, switches, hardware, locking mechanisms, roof covering, siding, mortar pointing, lighting fixtures, windows, etc); however, a representative of each shall be inspected.

In conducting the inspection, Inspector does not disassemble equipment, move personal property, storage, carpeting, open wall coverings or dismantle any property, or do any thing that in the opinion of the Inspector will involve risk to person and/or property. The purpose of this confidential report and analysis is to detect major visible problems and unsafe conditions; it is not intended for cosmetic or aesthetic evaluation. This inspection and report are limited to visible and accessible aspects of the property’s basic structure, the property’s foundation or basement, interior, exterior, roof, electrical, plumbing, and heating and cooling systems. No invasive or destructive testing is performed. Anything that is not readily observable, due to improvements (i.e. suspended ceilings, insulation or other coverings), soil, vegetation, water, ice, snow or other man-made cause or acts of God cannot be inspected. Inspector is not required to remove such obstructions in the course of the Inspection. The inspector has the right to submit an addendum to the original report within forty eight hours of the completion of the inspection.

If any person makes a declaration to Client or Inspector, concerning the age of an item, condition, repairs, service contract, or warranties, that declaration should be put in writing and conveyed to the Client. No compliance with any applicable building code is considered, evaluated or intended by the Inspector and/or report. Client should conduct any further inspections by specialized professionals and a final pre-settlement walk-through and inspection, which this inspection cannot replace. Water/moisture, leaks, seepage, and drainage problems are often only visible during and/or after a certain amount of rain. It is impossible to observe water/moisture leaks, seepage, and drainage problems unless the Inspection is conducted during or immediately after a rain sufficient to reveal such problems. In the event the Inspector points out any signs of settlement, cracks, deficiencies or other deformities, it is Client’s responsibility to monitor and repair the causes and effects. It is also Client’s responsibility to have a qualified, licensed individual conduct any repairs or further evaluation of items identified by Inspector’s report. Inspector makes no representations or warranties as to future defects or future deterioration of visible defects. It is Client’s responsibility to review the entire report. If The Client requires clarification they should contact the Inspector immediately. It is Client’s responsibility to initiate any renegotiations and determine the priority of repairs, if any, to be conducted. If Client conducts repairs without Inspector observing any concerns prior to the repairs, Client agrees to hold the Inspector harmless from any costs arising from repairs and assumes all financial responsibility. Client agrees to all terms within this agreement and to hold Inspector’s members, employees, agents and representatives harmless from any claim, cause of action or demand made by the Client or any party relating to the sale, purchase or repair of the property, or components inspected, or relating to accidents arising from the Inspection. Client understands this inspection is to assist the Client in making a more informed purchase decision, and is not to find all defects, patent or latent. The remaining functional life of particular units, systems, or components are estimates, not representations, and no warranties are expressed or implied. Client understands a separate warranty for component failure may be available, for a fee, through another company. The findings of this inspection are valid for the date and time of the actual inspection only. Inspector shall not be held responsible for items or problems concealed, hidden, or inaccessible during the inspection. Buildings that are occupied, inspected after dark or during poor weather conditions may create conditions that could impede the Inspection. It is Client’s responsibility, at client’s cost, to have an additional inspection(s) if needed, at a more optimal time. This report is only a tool for the Inspector to use and is the discretion of the individual inspector as to which sections of the checklist and observations are to be utilized.

ROOF INSPECTION The roof may have to be inspected from ground level to avoid damage to the roofing material, and/or risk to the Inspector. Some roofs may not be accessible or visible for inspection. In this case Client is responsible to have the roof reinspected by a licensed roofer. While every responsible effort is made to detect roof leaks, minor leaks may go undetected unless it is actually raining, combined with windy, or other storm conditions at the time of the inspection. Stains on ceilings, walls or structural members may be the result of previously corrected problems, Client should monitor. Inspector is not required to remove snow or ice or other conditions that could prohibit observation of the roof surfaces

HEATING & COOLING SYSTEM (HVAC) This report contains the general condition of the HVAC system. Any life expectancy estimates and possible remaining life are based on statistical comparison of other similar systems. The Client cannot rely on any prediction or life expectancy. Actual working conditions, previous use or misuse, irregular, improper service, faulty manufacturing, poor quality, act of God and simple bad luck affect a component’s life. Estimates of remaining life do not mean that a particular item or system will last exactly that long, require replacement, or fail that soon. For example: heat exchangers, especially forced-air furnaces, are difficult to inspect, particularly if the heat exchanger is located within the heating plant and is not visible. A crack or hole in the heat exchanger may go undetected for some time, then suddenly become apparent or affect the heating system operation. The inspector is not required to disassemble any part of a heating system. This report and inspection cannot include the heat exchanger because such an inspection would require disassembling the furnace. An HVAC system’s efficiency, tested in the summer, may not be indicative of the actual performance on a seasonally cold day. The inspector is not required to calculate proper sizing of an HVAC system to the building. An air conditioning system should not be tested in its cooling cycle when the outside temperature has been below 60 degrees within 24 hours or damage to the unit may result. An older system and components should be serviced and certified before settlement, especially if no maintenance history was present.

EXCLUSIONS No warranty is expressed or implied by this inspection. Specific exclusions include, but are not limited to; written exclusions in the report, obstructed areas, cosmetic damage, any areas blocked with stored items, furniture or covered with siding, drywall, carpet or other floor, wall or ceiling coverings, life expectancies, attics and/or crawlspaces if no access is available, cost estimates, fences, swimming pools, hot tubs, spas, ponds, fountains, decorative items, water conditioning equipment, septic systems, drain fields, sewage connections, underground utilities, fuel tanks, water pressure, wells, well components, cable TV, satellite systems, intercoms, security systems, geo-thermal systems, microwaves, plug in appliances, water leaks at foundation, water or air infiltration at doors, windows or weather stripping, breached thermal pane window seals, landscaping, solar collectors, footings, concealed structural components including piers and framing, internal or hidden components of a chimney or flue, concealed electrical and plumbing, plumbing shut-off valves, quality of water, grinder pumps, ice maker, radiant heat systems, central vacuuming, screens, cracked glass, falling insulated glazing seals, presence of safety glass, pest activity or damage, wood destroying insects, mold and/or fungi, property damaged caused by infestation or activity of wood destroying insects or other organisms, calibration of thermostats, any work done without a history of a building permit or any health or environmental concerns, any future claims which may arise or be discovered as a result of future inspections, repairs or remodeling being performed on the property.

*HAZARDOUS MATERIALS The Inspector does not test or report on materials such as radon, asbestos, lead paint, formaldehyde, electrical magnetic fields, toxic or flammable chemicals, water or airborne related diseases, gases, fumes, or other similar or harmful substances, including any odors and pet damage, mold and/or fungi whether it is visible or not. Separate tests may be available for some or all of the above hazardous materials, upon request.

*THE CLIENT The Client understands and agrees that it is his or her responsibility to have further evaluation and/or to initiate repairs to any items the Inspector discovers; and to maintain and monitor the building and its components, including all paint, caulk, other sealants, gutters, HVAC filters, plumbing, grounds, driveway sealant, etc., and all combustion components such as fireplace, woodstove, water heater, HVAC system, etc. Client is advised and understands they should have any repairs, further evaluations or cost estimates carried out prior to purchase to ensure they are making the most complete and thorough purchasing decision possible.

Severability Clause: If any provisions of this agreement are found by a court of competent jurisdiction to violate any law or be inequitable, and are struck down by such court, it is agreed and understood that the remaining provisions of this contract shall be severable from such provision (s) and remain in full force and effect.

Limitations of Liability: Client agrees to limit any claim of liability for personal injury or property damage caused by any negligence of the Company or its agents to the amount of the original inspection fee.

*LIMITATION ON ACTIONS AND ARBITRATION Client understands, acknowledges and agrees that any claim(s) or complaint(s) arising out of or relating to any alleged act or omission of Inspector, its members, employees, agents or representatives, in connection with the services provided pursuant to this Agreement and any Addendum thereto, shall be reported to Inspector in writing within ten (10) days of discovery. Unless there is an emergency condition, Client agrees to allow us a reasonable period of time to conduct an investigation of the claim(s) or complaint(s) by, among other things, re-inspection before Client, or anyone on Client’s behalf or at Client’s direction, repairs, replaces, alters or otherwise modifies the system or component that is the subject matter or closely related to the subject matter of the claim(s) or complaint(s). Client understands, acknowledges and agrees that any failure to comply with this provision shall be deemed a waiver by Client and shall bar any claim(s) or complaint(s) by Client against Inspector. Any dispute concerning the interpretation of this Agreement, any related Addendum, or any services or report relating thereto (unless based on non-payment of fees) shall be resolved by binding, non-appealable arbitration conducted in accordance with the rules of the American Arbitration Association, except that the parties shall mutually agree upon an Arbitrator who is familiar with the home inspection industry. The party initiating the dispute which requires arbitration shall be solely responsible for payment of all costs and expenses relating thereto. Any action relating to this Agreement, any Addendum thereto or any services or report arising out of such Agreement/Addendum shall be brought within one (1) year from the date of the Inspection. If we fail to perform the Services as provided herein or are careless or negligent I the performance of the Services and/or preparing the Report, our liability for any and all claims related thereto is limited to the fee paid for services (unless contrary to state law), and you release us from any and all additional liability. There will be no recovery for consequential damages. Client understands, acknowledges and agrees that this limitation on action is shorter than provided by Nebraska law and waives the limitation of action(s) provided by Nebraska law relating to this Agreement and any Addendums thereto or inspection or report arising out of such Agreement/Addendum.