ASHI Agreement

 ON  THE  LEVEL  HOME  INSPECTION OF FLORIDA
                                               ( A PROUD MEMBER OF ASHI )

This contract is a legally binding agreement between (Client), and On The Level Home Inspection Of Florida (Company) to perform an inspection of the home or building at on the date recorded in the inspection report. The fee for this inspection is $0.00, and is due upon completion of the inspection.

1)  Client understands that the inspection and the Inspection Report are performed and prepared for Client’s sole, confidential use. In the event that anyone or any entity claims damages as a result of the reliance upon the inspection report, and seeks recompense for said damages from the company, the client agrees to indemnify, defend, and hold Company , inspector, or its officers, agents or employees harmless from any third party claims arising out of Client’s distribution of the Inspection Report, including, but not limited to, any claims caused by the alleged negligence, breach of contract, fraud, misrepresentation, or any other theory of liability of the company. The Company is authorized to distribute copies of the Inspection Report and discuss its findings to the real estate agents, attorneys and other parties involved in this transaction, who are not intended beneficiaries of the Inspection Report.

2) The Company agrees to perform a limited visual inspection of the structure at the above address and to provide Client with a written opinion as to the apparent general condition of the structure’s components and systems, including identification of significant observable deficiencies, as they exist at the time of the inspection. The inspection will be performed in a manner consistent with the Standards of Practice of the American Society of Home Inspectors (ASHI). A copy of these standards is available online at https://www.homeinspector.org/standards/default.aspx.

The inspection and Inspection Report are not intended to be construed as a guarantee or warranty, expressed or implied; including any implied warranty of the merchantability or fitness for use regarding the conditions of the property, items and systems inspected, and should not be relied upon as such. If the inspector recommends further action, including (but not limited to) consulting with a specialized expert(s), you must do so at your expense. Failure to take further action by the Client shall constitute a waiver of any and all claims for those items requiring further action.

3) The Company is not responsible for the failure to discover latent defects or for problems which occur or become evident after the time of the inspection. No invasive or destructive testing will be made. No equipment, systems or appliances will be dismantled. Systems, items and conditions which are not within the scope of the home inspection can be found in Section 13 of the Standards of Practice of ASHI. Client understands that these systems, items and conditions are exempt from this inspection. Any comments about these systems, items and conditions in the written report are informal only and do not represent an inspection. The Customer may wish to seek other advice or recommendations from appropriate professionals regarding the foregoing, conditions revealed in the Inspection Report.

4) Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the subject property, shall be made in writing and delivered by mail to the Company within ten (10) business days of discovery. Client further agrees that, with exception of emergency conditions, Client or Client’s agents, employees or independent contractors will make NO alterations, modifications or repairs to the claimed discrepancy prior to a re-inspection by the Inspector. Client understands and agrees that any failure to notify the Inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.

5) Any legal action, including arbitration proceeding, including, but not limited to, those proceedings involving claims sounding in tort or contract, against the Company , inspector, or its officers, agents or employees, must be brought within one (1) year from the date of the inspection, or same will be deemed waived and forever barred. Time is expressly of the essence herein. This time period may be shorter than otherwise provided for by law.

6)  If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in full force and effect between the parties.

7) Any dispute concerning the interpretation of this Agreement or arising from the Services and Report (unless based on payment of fee) 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.

8) The prevailing party in any dispute arising out of this agreement, the inspection, or Report(s) shall be awarded all reasonable attorneys’ fees, arbitrator fees and other costs.

9) This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this agreement No change or modification shall be enforceable against any party unless such changes or modifications are in writing and signed by the parties. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.

10) Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection.  The CLIENT agrees to pay all legal and time expenses incurred in collecting due 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 does personally guaranty payment
of the fee by the entity.

COMPANY RELATIONSHIPS/THIRD PARTY PROVIDERS.

( On The Level Home Inspection Of Florida ) may have an affiliation with third-party service providers (“TPSP”) in order to offer value-added services to its Clients. The company may also arrange for these TPSP to send literature or make post-inspection contact with the Company’s Clients.

CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.

 ______________________                              ____________________________
Inspector                                                                   Client
 

    On The Level Home Inspection Of Florida                               
     6546 Mercel Lane
     Jacksonville Fl. 32205
     904-629-2779 Cell
     904-647-8704 Ofc.
     E-MAIL bracewellrd3053@comcast.net
     website    https://www.homegauge.com/shgi/otl/
      www.onthelevelhominspectionofflorida.com