INSPECTION AGREEMENT
With your authorization, 1st Priority Home Inspections, LLC will complete a property inspection conducted in accordance with the standards of practice promulgated by the commissioner for the State of Tennessee, a copy of which is available upon request and can be read and downloaded from the Internet at www.tn.gov. The inspection is that of a generalist, and has clearly defined limitations. It is performed on-site within a few hours, and does not include any warranty or guaranty. By contrast, specialist inspections take considerably longer, typically include the use of specialized instruments, could involve sampling or destructive testing, and commonly include some form of guaranty. Specialized inspections are essential to evaluate soil conditions, determine structural movement, establish the quality of air and water, or reveal the presence of harmful environmental contaminants such as radon, methane, asbestos, lead, formaldehyde, electro-magnetic radiation, molds and fungi, and other wood-destroying organisms, all of which are beyond the scope of a generalist inspection. Therefore, please be aware of the limitations of a generalist inspection: It is not a termite inspection, which is mandated as a condition of sale and performed by state-licensed specialists. Also, it is not a code-compliance inspection and does not include any research, such as that necessary to establish boundaries, easements, or the issuance of permits, and it should not be used as a substitute for the Transfer Disclosure Statement, which the sellers are required to provide by civil code.
Similarly, and in accordance with State of Tennessee standards, 1st Priority Home Inspections, LLC does not evaluate or endorse any components that are not visually accessible. Visually accessible means that the component is not covered or obstructed in any way and can be observed with the naked eye without moving any items. These include, significant portions of most chimney flues, the interior of furnace heat exchangers, air-conditioning coils, subterranean or concealed ducts, pipes, conduits, and those within walls, floors, or ceilings, the slab beneath carpets, the waterproof membrane beneath roofs, balconies, or shower pans, and any component concealed by furnishings. Also, 1st Priority Home Inspections, LLC does not evaluate or endorse the following specific components: paint, wallpaper, treatment to window, computerized systems, radio or remotely controlled components, central vacuum systems, alarm, telephone, cable, or intercom systems, private sewage systems, private water supply systems, water softeners, water circulating devices, water filtration or purification devices, underground storage tanks, automatic sprinklers, the hermetic seal of dual-glazed windows or skylights, window screens, solar systems, fire-sprinkler systems, shut-off valves that are not in daily use, elevators, dumb-waiters, funiculars or similar mechanical means of transport, saunas, steam showers, humidifiers, electronic air cleaners, in-line duct-motors or dampers, washers and dryers, their valves and drain pipes, condensate pumps, thermostats, timers, clocks, rotisseries, refrigerators, portable or free-standing appliances, retaining walls, landscaping or landscape items, including decorative and low-voltage lighting, portable spas, fountains and ponds, barbecues, fire-pits, pool-sweep assemblies, in-line chlorinators, or similar devices dispensing bromine or ozone, and the coatings on pools, spas, counter-tops, fixtures, appliances, decks and walkways. In addition, 1st Priority Home Inspections, LLC does not tacitly endorse or guarantee the integrity of any structure or component that was built or installed with or without permit, does not determine if it was built or installed with or without permit and which could include latent defects, or any item that may have been subject to a manufacturer’s recall. What 1st Priority Home Inspections, LLC provides is a conscientious but essentially visual inspection and evaluation, recommendation for appropriate specialist service, and any consultation that may be necessary. In return, and in consideration of the fee, you are agreeing with your signature to abide by the terms and conditions of this contract, including the following clauses.
I agree and understand that I have requested 1st Priority Home Inspections, LLC to perform a “generalist” inspection, in lieu of a “specialist” inspection that would cost more and require the services of licensed specialists.
I agree that I am accepting a generalist inspection at a reduced fee. If I wish to have a specialist inspection, I agree to the sum of $7000 which will include inspections from engineering, contracting and mechanical trades with appropriate reports.
I agree and understand that if weather conditions prevent a full and complete inspection, I have the option to cancel the inspection and reschedule for another date. In the event I choose to go forward with the inspection, I agree and understand that the report may not cover all aspects of the home that 1st Priority Home Inspections, LLC typically reviews and that I will be charged for a return inspection if I deem further information is desirable.
I agree and understand that if a specific component or condition is recommended by 1st Priority Home Inspections, LLC for service and that such service is not undertaken and documented that 1st Priority Home Inspections, LLC shall be held harmless for any subsequently alleged defects or deficiencies regarding that specific component or condition.
I agree and understand that whereas 1st Priority Home Inspections, LLC may report on suspicious stains or moisture damage, they are not environmental hygienists and are not licensed or authorized to identify mold or fungi.
I agree and understand that mold and fungi and other wood destroying organisms may be noted in the report but that such notations are as a lay person and not an expert and that if I have any concerns about this issue I should obtain the services of the appropriate licensed professional.
I agree and understand that 1st Priority Home Inspections, LLC recommends that if I have concerns of mold or fungi that I should have sampling performed by a professional.
I agree and understand that Home Warranty is provided as a courtesy to me and any recommendations are those of the provider and not 1st Priority Home Inspections, LLC.
I agree and understand that 1st Priority Home Inspections, LLC recommends that if I have concerns of environmental issues on or around the property that I should obtain a Neighborhood Environmental Report.
I agree and understand that 1st Priority Home Inspections, LLC recommends that if I have concerns with a septic tank system that a flood test should be obtained to find possible major defects and I should contact the appropriate governmental agency to obtain a copy of the file showing the permit and inspections on the septic system. I have been advised that I should hire a competent septic installer who is licensed, if required, in the jurisdiction to inspect this system.
I agree and understand that 1st Priority Home Inspections, LLC recommends that if I have concerns of lead paint I should have sampling performed by qualified experts.
I agree and understand that 1st Priority Home Inspections, LLC recommends that if I have concerns of the drinking water conditions that I should have sampling performed by a qualified technician and laboratory.
I agree and understand that 1st Priority Home Inspections, LLC recommends that if I have concerns with automatic sprinkler system I should obtain an inspection of said system.
The parties agree that in no event shall any claim be brought by the customer against 1st Priority Home Inspections, LLC for any alleged error, omission, mistake or misrepresentation, or other action or inaction by 1st Priority Home Inspections, LLC or any agent, employee, member, director or officer thereof, unless the same be brought within six (6) months of the dated of inspection. If any claim is made or brought by the customer (or said customers heirs, grantors or assigns) on a date which is after six (6) months of inspection, then same shall be summarily dismissed. The parties understand that this may be shorter than other periods provided by law, but voluntarily waive, release, relinquish and discharge said rights in order to contract with 1st Priority Home Inspections, LLC, and agree that this is a material provision of the contract.
I agree and understand that, with the exception of emergency measures, I will not alter, repair, replace, correct, or modify any disputed component or condition without giving 1st Priority Home Inspections, LLC or their representatives the right to re-inspect and evaluate.
I agree and understand that I will attempt to resolve any dispute informally. Should such an attempt fail, I agree to submit the dispute to binding arbitration under the rules and procedures of the American Arbitration Association Home Construction Rules with the arbitration to be conducted in Davidson County, Tennessee or by agreement of the parties in another location, and that the decision of the appointed arbitrator shall be honored and binding on all parties and be entered in any Court of competent jurisdiction in Nashville, TN. Client agrees to and shall bear all filing fess required of them.
I agree and understand that no additional verbal nor marketing information, including – but not limited to brochures, website, emails or other publications shall be considered or implied to be part of this inspection. The terms of this contract supersede any representations made outside the contract and only the terms contained in this agreement are enforceable.
I agree and understand that if any portion of this contract is judged to be invalid or unenforceable by any court or arbitrator that the remaining terms and conditions shall remain in effect and be binding on all parties.
I agree that this inspections does not determine if the property is insurable.
I agree that this obligation is a family obligation incurred in the interest of the family.
I agree that total payment is payable upon completion of the inspection.
This liability agreement will remain enforced for this and all future inspections services of any kind for this referenced buyer/seller/borrower and the above mentioned property.
AUTHORIZATION
I have read and understood this contract and agree to all of the terms and conditions therein, and authorize 1st Priority Home Inspections, LLC to complete a “generalist” inspection of the property as describe and defined in the standards of practice promulgated by the commissioner for the State of Tennessee.
