• ALL SAFE INSPECTIONS, LLC (ASI)

    Wetumpka, AL 36093

  • COMPREHENSIVE WHOLE HOUSE INSPECTION AGREEMENT WITH AN ARBRITRATION CLAUSE & LIMIT OF LIABILITY (PLEASE READ CAREFULLY)

  • This Whole House Inspection Agreement (the “Agreement”) is made this date of Pick a Date*   by and between All Safe Inspections, LLC (“ASI”) and*   * (“Client”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ASI and Client agree as follows:

  • 1. For the sum of $*(the “Inspection Fee”) paid by Client to ASI on or before the date of the inspection, ASI will (a) perform a limited, non-invasive, visual inspection of the readily accessible installed systems and components of the property located at      * *   *   * (the “Property”), as such systems and components exist at the time of the inspection (the “Inspection”) and (b) prepare a report setting forth ASI’s findings (the “Report”). The Report is only supplementary to any required seller’s disclosure. This Agreement shall be construed and enforced in accordance with the laws of the State of Alabama. The undersigned have reviewed this Agreement, understand its contents, and agree to the terms and conditions contained herein.

  • 2. Unless otherwise noted in this Agreement or not possible, ASI will perform the Inspection and prepare the Report in accordance with the Standards of Practice for Home Inspectors promulgated by the Alabama Department of Finance set forth in Chapter 355-18-1.01, et seq. (the “SOP”). Unless any systems or components are excluded from the Inspection at Client’s request, ASI will inspect those systems and components set forth in the SOP. A copy of the SOP can be found at http://www.alabamaadministrativecode.state.al.us/docs/fin/355-18-1.pdf.

  • 3. As set forth in the SOP, the Inspection will not identify concealed conditions or latent defects. After conducting the Inspection, ASI will report on, among other things, the readily accessible and installed systems and components which it has inspected and which ASI determines to be significantly deficient or near the end of their service life.

  • 4. The Inspection and Report are for Client’s use only. Client is the sole owner of the Report and all rights to the Report. Client gives ASI permission to discuss ASI’s observations with real estate agents, owners, and repair persons. ASI is not responsible for the use or misinterpretation of the Report by third parties, and third parties who rely on the Report in any way do so at their own risk and release ASI, its employees, owners, and agents, from any liability whatsoever. If Client, or any person acting on Client’s behalf, provides the Report to a third party who then sues Client and/or ASI, Client agrees to release ASI, its employees, owners, and agents from any liability and agrees to pay ASI’s costs, including legal fees, incurred in defending any such action.

  • 5. ASI makes no warranties or guarantees express or implied, including any implied warranties of fitness or merchantability, as part of the Inspection or the Report including, without limitation, that all defects have been found or that ASI will pay for the repair of undisclosed defects; that any of the items inspected are designed or constructed in a good and workmanlike manner; or that any of the items will continue to perform in the future as they are performing at the time of the inspection. ASI shall not be liable to Client for any special, incidental, or consequential damages.

  • 6. It is further understood and agreed that ASI, its members and/or employees, assume no liability and shall not be responsible for any mistakes, omissions or errors in judgment. Client agrees that ASI’s total liability for any and all damages whatsoever arising out of or in any way related to this Agreement shall not exceed the fee paid to ASI hereunder. This limitation of liability shall include and apply to all consequential damage, bodily injury or property damage. If Client brings an action against ASI and ASI prevails, Client shall reimburse ASI for all reasonable attorneys’ fees.

  • 7. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this Agreement or arising out of, from or related to the Inspection shall be submitted for final and binding arbitration under the rules and procedures of Construction Dispute Resolution Services, LLC. Client agrees to pay all required filing fees. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any court of competent jurisdiction. Should any element of this agreement be declared void it shall be stricken and the remaining provisions shall remain in full force and effect. This agreement constitutes the entire understanding of the parties with regard to this matter, and no statements, oral or otherwise, shall be enforceable unless made in writing and signed by both parties. In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

  • Date*
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  • Format: (000) 000-0000.
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