NEW BEGINNINGS- HOME INSPECTION AGREEMENT

THIS AGREEMENT is made and entered into by and between New Beginnings Home Inspections, (hereinafter, NEW BEGINNINGS) and (client name), referred to herein as ‘Client’.  

In consideration of the promise and payment, and terms of this Agreement, the parties agree as follows:

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1. New Beginnings will perform a visual inspection and prepare a written report of the assessed condition of the readily accessible installed systems and components of the property existing at the time of the inspection using simple tools and normal homeowner controls.  Latent and concealed defects and deficiencies are excluded from all portions of the inspection.  This report is supplementary to the sellers’ disclosure.  

• The parties agree that the Washington State Standards of Practice shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein.  Client hereby acknowledges receipt of a copy of these standards. Washington State Standards of Practice

1. Client understands New Beginnings assumes no liability and no responsibility on the part of the company, its employees, and agents, for costs to repair and or replace any unreported defects or deficiencies.  If repairs or replacement are done without giving New Beginnings the required notice under Section 12 of this agreement, New Beginnings will have no liability to the Client.  Client agrees to limit the liability of New Beginnings to the cost of the inspection and waive any claim for consequential, exemplary, special, or incidental damages, or for the loss of the use of the property.
2. Client understands that New Beginnings is neither an insurer nor a guarantor against any type of defects in the systems or components, structure, or items inspected.  New Beginnings expressly disclaims all warranties, express or implied, as to the fitness for use, merchantability, habitability, or suitability; conditions present or future, performance, operability, or adequacy of any inspected structure, item, component, or system, to the fullest extent allowed by law.
3. If Client is a married person, Client agrees and accepts this agreement on their own behalf and on behalf of Client’s marital community and agrees that recourse may be had against community assets, for the satisfaction of all Indemnity Obligations.  If Client represents more than one person, the signing Client represents authority to sign on behalf of all Clients.  
4. New Beginnings inspection and report are for the exclusive use of Client only; however, Client hereby grants permission to discuss the observations of the property with real estate agents, owners, repair persons, or other interested parties to the instant real estate transaction.  Client will be the sole owner of the report and retains all rights to it.  
5. New Beginnings is not responsible for use, misrepresentation, or reliance upon the report by any third parties and all parties outside of this Agreement do so at their own risk and release New Beginnings from any liability whatsoever.  Should any claim arise by a third party against New Beginnings, pertaining to the inspection performed by New Beginnings under this Agreement, Client hereby agrees to hold harmless, New Beginnings, from any and all claims, actions, or legal costs. 
6. Client understands that the home inspector must have access to the entirety of the property to perform a complete inspection.  Failure to provide proper access, e.g., appliances, vehicles, other personal property obstructing full views may result in those areas not being inspected (all such areas will be noted in the report).  Disconnected or shut off utilities may also prevent a complete inspection. 
7. This Agreement: represents the entire agreement between the parties; all prior discussions are merged herein and shall be amended only by a signed writing; it shall be binding upon and enforceable by the parties, their heirs, administrators, and successors.  If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect.  All clauses of this agreement pertain to the entirety of the contract including any and all addenda.
8. Systems and components, conditions, items which are not within the scope of New Beginnings inspection include, but are not limited to: (asbestos, formaldehyde, lead paint; toxic or flammable materials; molds, fungi and environmental hazards; security and fire protection systems; humidifiers; household appliances; paint, wallpaper and other treatments to windows, interior walls, ceilings, and floors; recreational equipment or facilities; pool/spa water purification systems (ozone generator/saltwater, etc.); energy efficiency measurements; motion and photo-electric sensor lighting; concealed or private secured systems; drain, waste, and vent systems and all overflow drains; heating systems’ accessories; solar heating systems; heat exchangers; telephone, intercom or cable TV systems; sprinkling systems; water softener or purification systems; central vacuum systems; antennae, lightning arrestors, load controllers; plants and trees; governing codes, ordinances, statutes, and covenants; manufacturer specifications, recalls, and EIFS (synthetic stucco).  The following are excluded unless specifically requested and paid for as indicated on the invoice: radon; sewer and sewer pipe interiors; pest infestation; water well; underground storage tanks.  Client understands these components are excepted from this inspection and any added comments regarding them and or conditions are informational only and no representation is made that they were inspected.         (Client Initials ________)
9.  The inspection is not an appraisal and does not determine the value of a property; it is neither a compliance inspection, nor a certification for past or present governmental codes or regulations of any sort.  This inspection does not determine whether the property is insurable. 
10. Should a claim arise by the Client for an installed system or component on the property that had been inspected by New Beginnings and that was not in the condition reported by New Beginnings, Client agrees to 1) notify New Beginnings in writing of such claim within seven days of discovery, in sufficient detail and with sufficient supporting documentation that New Beginnings can evaluate it, and 2) confirm receipt of writing, and 3) provide such notice at least 72 hours prior to repairing or replacing such system or component.  New Beginnings shall have seven (7) days from actual receipt of notice to respond to a claim.  Client further agrees New Beginnings may be liable only in the case of a major breach of compliance with the Washington Standards of Practice.  No legal action may be brought beyond one (1) year from the date of the inspection; after that any claims to any rights under this contract will be deemed waived. 
11. Client agrees that the exclusive venue for any litigation arising out of this Agreement shall be in the county where New Beginnings has its principal place of business.  If Client fails to prove a claim against New Beginnings contains merit or the claim is barred by this contract, Client agrees to pay all legal costs including but not limited to expenses and attorney’s fees incurred by New Beginnings in defending such claim.  If any fees become past-due, Client shall be responsible for all costs of efforts at collection including court and attorney’s fees.  If Client is a legal entity, the signer of this Agreement personally guarantees payment of all fees.  
12. Except in the case of non-payment of fees, disputes which cannot be resolved informally shall proceed to binding arbitration conducted in accordance with the construction industry rules of the American Arbitration Association, except that the parties shall select an arbitrator who is familiar with the home inspection profession.  The cost of arbitration shall be paid by the plaintiff.  
13. DEFINITIONS:  Apparent Condition: Systems and components are rated in the report as follows and or as defined by the Standards of Practice:
    1. SATISFACTORY (Sat.) – Inspected system or component is functionally consistent with the originally designed purpose although it might show signs of normal wear and tear and/or deterioration.
    2. MARGINAL (Marg.) – Inspected system or component will likely necessitate repair or replacement any time within the next five years.
    3. POOR – Inspected system or component will be in need of repair or replacement either now or in the very near future.
    4. SIGNIFICANT ISSUES – Inspected system or component is considered significantly deficient, inoperable or is unsafe.
    5. SAFETY HAZARD – Inspected system or component is unsafe and in need of expeditious attention.
    6. INSTALLED SYSTEMS AND COMPONENTS: structural components; exterior; interior; roofing; plumbing; electrical; heating; central air-conditioning (inspected as weather permitting); insulation and ventilation.
    7. READILY ACCESSIBLE SYSTEMS AND COMPONENTS: the systems and components where inspector is not required to remove personal items or furniture, equipment, soil, snow, or other items which obstruct access or visibility.
14. Any system or component not otherwise described as being deficient in some manner is assumed to be satisfactory.  Defects may exist that cannot be detected by visual inspection only.  The inspection and Inspection Report in no way lessen the risk or likelihood of repairs or replacements being needed at any time in the future.  
15. Client has read the Agreement in its entirety and by signing acknowledges, understands, and agrees to be bound by the Agreement and any addenda which will be incorporated by act of payment of such additional services, including the terms, conditions and limitations described above; and has received a copy of this Agreement.  

SEWER SCOPE INSPECTION ADDENDUM (Future)

Client has requested New Beginnings to perform a Sewer Scope Inspection (selected if paid for as indicated on the invoice) on the property’s sewer line in conjunction with the home inspection, to evaluate its condition and to identify any components that may be in need of immediate repair or clearing of debris.  

New Beginnings will perform the inspection via a camera device or scope, inserted into the sewer line; and prepare a written Sewer Scope Inspection Report which is a summary of the findings of the inspector based on visual observations and the data collected from the inspection equipment, including any limitations.  It is not intended to be technically exhaustive.  Any statement on the condition of the sewer line will pertain only to the time of the inspection.  The inspection process will be recorded, and New Beginnings will provide the client with a link to a copy of that recording. Client understands that New Beginnings will not observe every square inch of the sewer system and may fail to see or note a defect; defects may exist that cannot be detected by visual inspection only. 

The fee included in the home inspection contract covers the cost of the basic Sewer Scope and the Sewer Scope Inspection Report.  Performing the sewer scope requires access to the sewer line via the sewer cleanout in the property’s yard or via a waste vent on the roof; should neither of those be accessible, an alternate route through a toilet will be used.  In the case that a toilet route is necessary, there will be an additional fee of $250 to cover the cost of hiring an independent professional to remove the toilet and properly replace it.  

Client agrees that New Beginnings shall not be liable for any errors on the part of the independent professional and further agrees to hold New Beginnings harmless for any and all claims arising out of the conduct of said independent professional.  

RADON TEST ADDENDUM (Future)

Client has requested New Beginnings to perform a Radon Test (selected if paid for as indicated on the invoice) on the property’s sewer line in conjunction with the home inspection, to evaluate its condition and to identify any components that may be in need of immediate repair or clearing of debris.  

Client has requested New Beginnings to test for the presence of radon (selected if paid for as indicated on the invoice) on the property in conjunction with the home inspection.  New Beginnings will perform, in accordance with current industry standards in the area, a radon inspection of the home/building to measure the radon level in the air using an approved short-term collection device.  This will require a minimum of 48 hours, although may take longer.  If necessary, New Beginnings will deliver the testing device to a recognized laboratory and provide Client with a written report after New Beginnings receives the laboratory’s results.  When a continuous monitor device is used, results are typically available the day New Beginnings retrieves the device from the property.

New Beginnings is not responsible for correcting or mitigating radon issues.  As a courtesy, New Beginnings may offer comments related to radon mitigation, but these will not obligate New Beginnings to create or implement a mitigation plan.  

Radon is a colorless, odorless radioactive gas that may be harmful to humans.  The amount of radon in the air is measured in picocuries of radon gas per liter of air, or “pCi/L.”  While any radon exposure creates some risk to health, the EPA considers a level of 4 pCi/L or higher dangerous and recommends that client take remedial measures to reduce or eliminate radon.

Client hereby understands that, as part of the radon testing, New Beginnings must leave certain equipment in the property.  If the equipment is lost, stolen, damaged or destroyed while in the property, Client agrees to pay New Beginnings for the cost to replace the equipment with identical new equipment.  Client further understands that in such a situation, it would take time for New Beginnings to obtain new equipment, and that without the equipment, New Beginnings will be unable to engage in radon testing and will therefore be losing income.  Client agrees, in such a situation, to pay New Beginnings $50 per day as liquidated damages for that lost income, in addition to the cost of replacing the equipment.  Client also understands that reliability of results will depend in part upon close adherence to radon testing protocols including leaving the equipment undisturbed and unmoved for the entirety of the testing period.  

WOOD DESTROYING ORGANISMS’ ADDENDUM (Future)

Client has requested New Beginnings to inspect for the presence of Wood Destroying Organisms (WDO) and present a report (selected if paid for as indicated on the invoice) on the property in conjunction with the home inspection, in the terms set forth below.  

New Beginnings will perform, in accordance with state law and current industry standards in the area, a visual inspection in readily accessible areas of the structure for wood destroying organisms including termites, powder post beetles, carpenter ants and wood decay fungi (rot).  This inspection is limited to wood destroying organisms only and does not include molds, fungi or other environmental issues that may be harmful to your health.  This inspection does not include decks or non-structural damage caused by water to composite siding.  This inspection is non-invasive; New Beginnings does not remove fascia, cowlings or move furniture or household items to perform the inspection.  Therefore, New Beginnings cannot and does not in any way represent or guarantee the premises to be free from termites or other wood destroying organisms or their damage, nor represent or guarantee that the total damage or infestation is limited to that disclosed in this report.

Client understands that New Beginnings is not responsible for correcting or mitigating any WDO issues.  As a courtesy, New Beginnings may offer comments related to WDO mitigation, but these will not obligate New Beginnings to create or implement a mitigation plan.  

New Beginnings will, in accordance with state law and current industry standards in the area, collect water samples from the well and have the sample(s) analyzed by a laboratory for certain biological and chemical contaminants.  New Beginnings will provide the CLIENT with a copy of the laboratory’s results.  New Beginnings will also test for the flow.

CLIENT understands that well water may contain thousands of different biological and chemical contaminants, and the laboratory will only test for those contaminants specifically identified in the report.  CLIENT further understands that the lab results only reflect the presence of contaminants at the time of the collection, and do not regard any contaminants that may be present in the future.  CLIENT understands that results may vary from one well to another.