Patrick X. Kelley
P.X. Inspects, Inc.
(708) 363-7530
CLIENT Your Name
INSPECTION NUMBER 10-0000-00
PROPERTY INSPECTED: 123 Your New Home, Anytown ,IL. 60000
INSPECTION DATE: XXXX XX, 2010
I (_________________________________________) hereby request a limited visual inspection according to the standards and practices set by the Office of Banks, Real estates of Illinois ay the above address to be conducted by Patrick X. Kelley inspections (P.X.Kelley) for my sole use and benefit. I warrant that I will read the following agreement carefully. I understand that I am bound by all items of this agreement .
SCOPE OF INSPECTION : P.X. Kelley will perform a visual property inspection that includes the following items: Grounds, Exterior wall covering, Roofing, Framing, Foundation, Interior walls, Doors, Windows, Heating /Cooling Ventilation System, Electrical system, and observe the plumbing system. Any areas which are not exposed to view, is concealed, or is inaccessible because of soil, walls, flooring, celings, furnishings, or any other thing that is not included in this inspection. The inspection does not include any destructive testing or dismantling. Client agrees to assume all risk for all conditions that are concealed from the view at the time of the inspection.
OUTSIDE THE SCOPE OF THE INSPECTION; Building Codes, or zoning ordinance violations, engineering analysis: flood zone, termite, pest dry rot, asbestos, radon, formaldehyde, or other environmental hazards including mold; building value appraisal; cost estimates, Conditions of detached buildings thereof; swimming pools spas, hot tubs, saunas, steam baths or fixtures and equipment; radio-controlled devices, automatic gates; elevator lifts, thermostatic and time controls; water softeners systems, heat exchanger ,free standing appliances of other personal property. P.X.Kelley is a home inspection generalist and is not a licensed engineer or expert in every craft. If P.X.Kelley recommends consulting other specialized expert, client must do so at his or her own expense
USE BY OTHERS: Client promises P.X.Kelley that client has requested this inspection for the clients use only and will not disclose any part of the inspection report to any other person with these exceptions only: one copy may be provided to the current listing agent of the property for their use as part of the transaction only and one copy may be provided to the real estate agent representing the client and/or bank or other lender for use in client’s transaction only the party so utilizing the report and any persons who claim rights by and through any party using the report shall be subject to the strict limitations hereafter described on this document
ARBITRATION: Any disputes 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 conducted in accordance with the rules of the recognized Arbitration Association except that the parties shall select an arbitrator who is familiar with the inspection industry. The arbitrator may, upon request of either party, conduct summary judgment motions and enforce full discovery rights as a court would in a civil proceeding by legal code. Not with standing anything contained in the American Arbitration Association rules, the arbitrator shall not be entitled to render any rewards that would alter or exceed the terms of this agreement. In particular, the arbitrator shall not award the payment of any monies that would exceed the limit on the liability provisions of the agreement and the scope of the arbitrator’s authority shall be limited by the terms of this agreement.
ATTORNEY FEES: The prevailing party in any dispute arising out of this agreement, the inspection or report shall be awarded all attorney fees, arbitrators and other cost.
SEVERABILITY: Clients and P.X.Kelley agrees that should a court of competent jurisdiction determine and declare that any portion of this contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and in effect.
DISPUTES: Clients understand and agree that any claim for failure to accurately report the visually discernible conditions at the subject property, as limited herein above, shall be made in writing and reported to P.X. Kelley within ten days of discovery, and allowed P.X. Kelley 10 days to reinsert said item(s) Client further agrees that, with the exception of emergency conditions, clients or clients agents, employees or independents contractors, will make no alterations, modifications or repairs to the claimed discrepancy prior to a reinsertion by P.X.Kelley. Client understand and agrees that any failure to notify P.X.Kelley as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.
STATUTE OF LIMITATIONS: The parties agree that no action may be brought to recover damages against the inspector, or “P.X Inspection” or its officers, agents or employees more than one year after the date of the subject inspection.
LIMITATION OF LIABILITY: P.X. Kelley liability for mistakes or omissions in this inspection report is limited to a full refund of the fee paid for this inspection and report. The liability of P.X. Kelley principals, agents, and employees is also limited to the fee paid. This limitation applies to anyone who is damaged or has to expanses of any kind because of mistakes or omissions in this inspection or report. This Liability limitation is binding on clients and client spouse, heirs, principals, assigns and anyone else who may otherwise claim through clients. Client assumes the risk of all loses greater than the feel paid for the inspection. Client agrees to immediately accept a refund of the fee as full settlement of any and all claims, which may ever arise from this inspection.
MONEY BACK GUARANTEE: If for ANY reason the client is not completely satisfied, they may have the option to request a full refund of the inspection fee paid.
This is not a home warranty, guarantee, insurance policy or substitute for real estate transfer disclosure, which may be required by federal, state, or municipal statues.
AUTHORIZATION FOR DISCUSSION AND OR DISTRIBUTION: Client hereby Authorizes P.X.Kelley to discuss whole or in part this inspection report only to, (____) Clients Buyer Agent (____) Clients Lawyer (___) Listing Agent (___) Other
(This tells me who you authorized me to talk to in regards to your Home Inspection)
Limited Liability Inspection FEE:****** $xxx.xx
Thermal Imaging Inspection Fee $xxx.xx Please make checks payable to
Radon Testing Fee $xxx.xx Patrick X. Kelley
Total Due $xxx.xx
____________________________________ CLIENT SIGNATURE /DATE
____________________________________ INSPECTOR SIGNATURE /DATE