THIS IS A LEGALLY BINDING CONTRACT…PLEASE READ CAREFULLY.
I/We hereby request a limited visual inspection of the structure at to be conducted by Island Technologies LLC, Mel Benedict, for my/our sole use and benefit. I/We warrant I/We will read the following agreement carefully. I/We understand that I/We are bound by all the terms of this contract. I/We further warrant that I/We will read the report when I/We receive it and call Island Technologies LLC promptly with any questions I/We may have.
Standard Inspection Agreement
Scope: The real estate inspection to be performed for the client at the above address is a visual, non-invasive examination, for the purpose of alerting the customer to visible major deficiencies and material defects, in the condition of the structure and its components at the time of inspection. Material defects, for the purpose of this report, are defects that significantly affect the value, desirability, habitability or safety of the building. Customer understands and agrees that the inspection is limited to readily observable conditions, no disassembling, opening, technically exhaustive testing; cutting or possibly destructive testing will be performed on any components and systems. The inspection shall be limited to those specific systems, structures and components that are present and visually accessible. The inspection shall be performed to the Oregon Standards of Practice (OAR 812-008). A written report shall be prepared for the sole use of the client. The report shall identify and describe the inspected systems, structures and components of the building and shall identify visible material defects and visible major deficiencies in those systems, structures and components observed at the time of and during the inspection.
Style, aesthetics, cosmetics, and minor wear and tear, (paint, floor finishes and other finish blemishes, system operational quirks, minor damage maintenance requirements etc.) are accepted by the client during their walk through inspection of the above property.
Limitations Exclusions Exceptions: Any system, structure and component of the building which is inaccessible, concealed from view, or cannot be inspected due to circumstances beyond the control of the Inspector, or which client, in writing, has agreed is not to be inspected. The definition of “inaccessible” for the purpose of this agreement shall be as followed: Under floor crawl space with less then 18″ clearance between ground level and lowest member of the floor structure; any crawl space with standing water. In addition, any crawl space, basement, or attic space, will not be entered when such entry is obstructed or restricted or when entry could do damage to the property, or when dangerous or adverse conditions are suspected.
The following are excluded from the scope of this real estate inspection unless specifically agreed to otherwise between the inspector and client:
1. Determining compliance with installation guidelines, manufacturers’ specifications, building codes, ordinances, regulations, covenants, or other restrictions, including local interpretations thereof. 2. Obtaining or reviewing information from any third parties including but not limited to: government agencies (such as permits) component or systems manufacturers (including product defects, recalls, or similar notices) contractors, managers, sellers, occupants, neighbors, consultants, homeowners or similar association, attorneys, agents or brokers. 3. Geotechnical, engineering, structural, architectural, geological, hydrological, land surveying or soils related examinations.
4. Examination of conditions related to mold, mildew or the damage caused thereby. 5. Certain factors relating to any system, structures, or components of the building, including but not limited to: adequacy and efficiency, durability and remaining use, cost to repair, replace or operate, fair market value, marketability, quality, or advisability of purchase. 6. Environmental hazards or conditions, including but not limited to, toxic reactive, combustible, corrosive contaminants, wildfire, geological floods. 7. Dismantling of any system, structure or component, or perform any intrusive destructive examination, test or analyses.
8. Examining or evaluating fire-resistive qualities of any system, structure or component of the building. 9. Systems, structures or components of the building which are not permanently installed. 10. Systems, structures or components, which are not specifically identified in the written report. 11. Common areas, systems, structures or components thereof, including but not limited to, those of common interest development as defined in the Oregon Civil Code.
12. Examining or evaluating the acoustical or other nuisance characteristics of any system, structure or component of a building, complex, adjoining properties or neighborhood. 13. Operating or evaluating low voltage electrical, antennas, cable or satellite systems, security systems, telephone, remote controls, radio controls, timers, intercoms, computers, photo-electric, motion-sensing, or other such similar electrical power devices, components or systems. There is no warranty and or guarantee that any electrical system, component or device, appliance, will function, or operate beyond the day or time of inspection.
14. Examining or operating any sewage disposal systems or component thereof including, but not limited to: septic tanks and or underground systems or portion thereof. Note: This report contains technical information that may not be readily understandable to the lay person. Therefore a verbal consultation with the inspector is a mandatory part of this report. If you choose not to consult with the inspector, this inspection company cannot be liable for your understanding or misunderstanding of this report’s contents. If you were not present during this inspection phase call the office to arrange for your verbal consultation. (INITIAL) Your inspector is a home inspector generalist and is not acting as a licensed engineer or expert in any craft or trade. If your inspector recommends consulting other specialized experts, client must do so at client’s expense.
ARBITRATION: Any dispute concerning the interpretation of this agreement or arising from this inspection and report, except one for inspection fee payment shall be resolved informally between the parties or by arbitration through: A) the Oregon Construction Contractors Board. B) The Better Business Bureau or C) with an Arbitrator appointed by the Circuit Court in which the Inspection Company is located.
PAYMENT: The cost of the home inspection is based upon heated square footage of the home to be inspected. Payment must be made at the time of the inspection. Island Technologies LLC agrees to provide you with a report within 24 hours by email.
USE BY OTHERS: Client has requested this inspection for Client’s own use only and will not disclose any part of this inspection report to any other person with these exceptions ONLY: one copy may be provided to the current seller of the property for their use of this transaction only, and one copy may be provided to the real estate agent representing Client and/or Bank or the lender for use in Client’s transaction only.
ATTORNEY FEES: the prevailing party in any dispute arising out of this agreement, the inspection, or report(s) shall be awarded all attorney fees, arbitrator fees and all other related costs.
SEVERABILITY: Client and Inspector agree that should a Court of Competent Jurisdiction determine and declare that any portion of this contract is void, or unenforceable, the remaining provisions and portions shall remain in full force and effect.
LIMITATION OF LIABILITY- Please read Carefully: It is understood and agreed by and between the parties hereto, that Island Technologies LLC is not an insurer that the payment of the subject inspection is based solely on the value of the service provided by Island Technologies LLC in the performance of the limited visual inspection and production of a written report as described herein. Customer further understands and agrees that the limited visual inspection and the written report provided under the terms and conditions of this agreement is not a warranty, guaranty or any form of insurance. Inspector’s liability for any form of negligence, mistakes, or omissions in this inspection and report shall be no more than payment for services provided by Island Technologies LLC.
DISPUTES: Client understands and agrees that any claim for failure to accurately report a visibly discerning condition at the subject property, as limited herein above, shall be made in writing and reported to the Inspector within ten business days of discovery. Client agrees, Client or Clients agent, employees or independent contractors will not physically alter or in any way modify or repair the area of concern until such time the Inspector has assessed the condition. Client agrees and understands all findings are reported as existing at the time and day of inspection, sudden failure of any system, structure or component cannot be anticipated by the Inspector. Failure to notify the Inspector as stated above shall constitute a waiver of any and all claims for failure to accurately report the condition in question. No legal action or proceedings of any kind, including those sounding in tort or contract, can commence against Island Technologies LLC more than 180 days after the date of the subject inspection. TIME IS EXPRESSLY OF ESSENCE HEREIN. The written report shall be considered the final and exclusive statement made by the Inspector regarding the inspection of the property. Client shall not rely on any oral statements made by the Inspector prior to issuance of the written report. This agreement constitutes the entire integrated agreement between the parties hereto pertaining to the subject matter hereof, and may be modified only in writing and signed by all parties hereto.
Signed: Mel Benedict Date:
Island Technologies LLC
19649 SW Red Oak Lane
Beaverton, Oregon 97007