THIS AGREEMENT made this 11/29/2023, by and between Shawn Chesney of Shawn Chesney Home Inspections and the undersigned ("CLIENT"), collectively referred to herein as "the parties." The Parties understand and voluntarily agree as follows:
1. SHAWN CHESNEY HOME INSPECTIONS agrees to perform a visual inspection of the home/building and to provide Client with a written report identifying the defects that SHAWN CHESNEY HOME INSPECTIONS both observed and deemed material. SHAWN CHESNEY HOME INSPECTIONS may offer comments as a courtesy, but these comments will not comprise the bargained for report. The report is only supplementary to the seller's disclosure.
2. Unless otherwise inconsistent with this Agreement or not possible, SHAWN CHESNEY HOME INSPECTIONS agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (InterNACHI) posted at http://schi.ca/standards-of-practice/ . Although SHAWN CHESNEY HOME INSPECTIONS agrees to follow InterNACHI's Standards of Practice, Client understands that these standards contain limitations, exceptions, and exclusions. Client understands that InterNACHI is not a party to this Agreement and has no control over SHAWN CHESNEY HOME INSPECTIONS or representations made by SHAWN CHESNEY HOME INSPECTIONS and does not supervise SHAWN CHESNEY HOME INSPECTIONS. Unless otherwise indicated below, Client understands that SHAWN CHESNEY HOME INSPECTIONS will NOT be testing for the presence of radon, a colourless, odourless, radioactive gas that may be harmful to humans. Unless otherwise indicated below, Client understands that SHAWN CHESNEY HOME INSPECTIONS will NOT be testing for mold. Unless otherwise indicated in a separate writing, Client understands that SHAWN CHESNEY HOME INSPECTIONS will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations.
3. The inspection and report are for the use of Client only, who gives SHAWN CHESNEY HOME INSPECTIONS permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. SHAWN CHESNEY HOME INSPECTIONS shall be the sole owner of the report and all rights to it. SHAWN CHESNEY HOME INSPECTIONS accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release SHAWN CHESNEY HOME INSPECTIONS (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. SHAWN CHESNEY HOME INSPECTIONS inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, Client understands that such structures have unique characteristics that make it impossible for an Shawn Chesney Home Inspections to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
4. SHAWN CHESNEY HOME INSPECTIONS assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. Client acknowledges that the liability of SHAWN CHESNEY HOME INSPECTIONS, its agents and/or employees, for claims or damages, costs of defense or suit, attorney's fees and expenses arising out of or related to the SHAWN CHESNEY HOME INSPECTIONS negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the SHAWN CHESNEY HOME INSPECTIONS, and this liability shall be exclusive. Client waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the Client has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among SHAWN CHESNEY HOME INSPECTIONS and the Client; and (iii) to enable SHAWN CHESNEY HOME INSPECTIONS to perform the inspection at the stated fee.
5. SHAWN CHESNEY HOME INSPECTIONS does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless Shawn Chesney Home Inspections holds a valid occupational license, in which case he/she may inform the Client that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing.
6. In the event of a claim against SHAWN CHESNEY HOME INSPECTIONS, Client agrees to first supply SHAWN CHESNEY HOME INSPECTIONS with the following: (1) written notification of adverse conditions within 14 days of discovery; and (2) access to the premises. Failure to comply with the above conditions will release SHAWN CHESNEY HOME INSPECTIONS and its agents from any and all obligations or liability of any kind.
7. The parties agree that any litigation arising out of this Agreement shall be filed in the Welland, Ontario Court which has jurisdiction where SHAWN CHESNEY HOME INSPECTIONS has its principal place of business. In the event that Client fails to prove any claims against SHAWN CHESNEY HOME INSPECTIONS in a court of law, Client agrees to pay all legal costs, expenses and fees of SHAWN CHESNEY HOME INSPECTIONS in defending said claims. Client further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or SHAWN CHESNEY HOME INSPECTIONS relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days? written notice of the nature of the claim. In any action against SHAWN CHESNEY HOME INSPECTIONS and/or InterNACHI, Client waives trial by jury.
8. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of SHAWN CHESNEY HOME INSPECTIONS or its agents shall be binding unless reduced to writing and signed by Shawn Chesney of SHAWN CHESNEY HOME INSPECTIONS. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. Client shall have no cause of action against SHAWN CHESNEY HOME INSPECTIONS after one year from the date of the inspection.
9. FEE: Payment of the fee to SHAWN CHESNEY HOME INSPECTIONS (less any deposit noted above) is due upon arrival of the Inspector at the Property Address listed above in order for the Inspection to commence. For any reason, and/or by any party, should the Inspection terminate or be prevented to commence, a minimum fee of $150.00 will be charged. 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.
10. CANCELLATION POLICY: Due to the time needed to prepare for the Inspection, which would include but not limited to, researching the property, preparing Agreements and Inspection Report and also due to loss business potential as the time slot for your inspection was reserved. We require 72 hours notice for all cancellations, otherwise a cancellation fee of $100 plus HST will apply. Cancellations with less than 24 hours notice from the scheduled Inspection Appointment time is subject to a Cancellation Fee of half of the Inspection fee. If the inspection fee is paid in advance to the scheduled appointment, the amount paid will be held as a credit towards future inspection services; minus a cancellation fee of $100 plus HST. Credit will expire 90 days from the date of the original cancellation.
11. If Client requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. Re-Inspections due to any or all of the items listed, but not limited to the Pre-Inspection Checklist not being met, may be subject to an additional fee. A minimum charge of $ 150.00 will be charged for any re-inspection or re-visit.
12. This Agreement is not transferable or assignable.
13. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.
14. Client acknowledges that the property being inspected is to become the residence of Client and/or a member of Client's Family and is not for Commercial or Income based investment.
15. Client understands that under the "We'll Buy Your Home Back" program, InterNACHI purchases the home, not Shawn Chesney Home Inspections. Shawn Chesney Home Inspections role is limited to his/her participation in the "We'll Buy Your Home Back" program, but InterNACHI purchases the home. CLIENT understands Shawn Chesney Home Inspections has no obligation to purchase the home under the "We'll Buy Your Home Back" program, and CLIENT's sole remedy for any failure to purchase the home is against InterNACHI.
16. HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of Shawn Chesney Home Inspections or his employees or visitors or of independent contractors engaged or paid by Shawn Chesney Home Inspections for the purpose of inspecting the subject home.
17. I agree that I may execute this agreement by fax or by an email or text agreeing to its terms. I also understand and agree that any full or partial payment also constitutes my full acceptance to the Agreement and its terms. I understand that if I execute this agreement in that fashion, this agreement will be legally binding just as if I had signed an original paper document. I understand that the inspector is relying on this representation as proof that I agree to the terms of this agreement, and that I may not later deny the existence of a binding agreement.
MM slash DD slash YYYY