complete terms and conditions of the agreement between all parties and Blue
Bell Consulting, Inc. (The Company) appear on this agreement.
If you need further explanation of any item, ask for a clarification
prior to the start of the inspection. You
may reject this agreement, and you will not be charged for meeting and no
inspection will be performed.
OF THE INSPECTION SERVICE
The Company agrees to perform
a non-invasive, visual examination of the mechanical, electrical, and plumbing
systems of the structure or essential components of a residential dwelling.
The inspection report will document the findings of that inspection.
It is not humanly possible to find every defect and flaw in all systems
in a home during this type of inspection. A
technically exhaustive inspection may be ordered if time permits.
That inspection is conducted by structural, heating, electrical, and
plumbing specialists, and Blue Bell Consulting, Inc.
The cost is ten times the fee for this type of inspection and requires
30 days for scheduling the various experts. The Inspector will rate the
observations made during this inspection.
The rating system applied in the document is explained on the first
page of the inspection report. A
further explanation of the grading system or any aspect of the report may be
obtained at the time of the inspection and by phone call after the inspection
is performed. The inspection rates the performance of the item on the day of
the inspection only. No
prediction of the future performance of items tested or observed is included.
Any item on any home may fail at any time regardless of its condition
at the time of the inspection. The
Manual that is included with this inspection report contains a section (9P)
that covers probable life and replacement costs of home items. It is not
to be construed as a warranty or guarantee as to the performance or
replacement costs of home items. It
is merely a reference table. A Home Warranty that provides protection against unforeseen costs in
the maintenance of a home may be available from your Realtor or other sources.
The purpose of the inspection is to identify defects in the home’s
systems and components. The
report identifies problems that have a significant adverse impact on the value
of the property or that involve an unreasonable risk to the people or the
property. These items are specified in the ten-page check list report
that will be faxed and/or e-mailed following the completion of the inspection.
Copies will be mailed upon request only.
This report may be examined before we start the inspection, and, if
rejected, no inspection will be performed and no fee charged for the meeting.
The items included are consistent with Pennsylvania statutes and
guidelines set by professional inspection associations such as ASHI.
Please Note: Radon testing is
not included in a standard inspection but may be ordered separately.
Radon is a Class A carcinogen, and the EPA recommends that all homes be
tested for radon. The
inspection will be performed by a “generalist” who has knowledge of
accepted building practices and the general performance of the home’s
systems. The inspector is
representing The Company and is not representing any contracting company. The
inspector will not perform a building code inspection nor interpret building,
construction, municipality or zoning codes.
TO BINDING ARBITRATION
controversy, interpretation, or claim, including claims for, but not limited
to breach of contract, any forms of negligence, fraud, or misrepresentation
arising out of, from, or related to this contract, or arising out of, from, or
related to this inspection report shall be submitted to final and binding
arbitration under the Rules and Procedures of the Expedited Arbitration of
Home Inspection Disputes of Construction Arbitration Services, Inc.
The decision of the Arbitrator appointed thereunder should be final and
binding, and judgment on the Award may be entered in any Court of competent
jurisdiction. NO WARRANTY REGARDING FUTURE PERFORMANCE OF ITEMS IS PART OF THIS
INSPECTION. A RANGE OF REPAIR
COSTS ON ITEMS THAT CAN SUBSTANTIALLY DIMINISH THE VALUE OF THE PROPERTY CAN
BE FOUND IN THE MANUAL PRESENTED AT THE TIME OF THE INSPECTION. THESE PRICES ARE A RANGE ONLY.
THE COMPANY ASSUMES NO RESPONSIBILTY TO COMPENSATE THE BUYER IF ACTUAL
QUOTES DIFFER FROM PRICE RANGES OFFERED.
THE COMPANY ALSO WILL NOT ACCEPT GRATUITY IF THE PRICE RANGES EXCEED
Mold spores are present in every home.
No testing or determination of the presence or possible health concerns
regarding molds is included in the inspection.
Dampness in a home can create habitats for mold growth.
A non-intrusive inspection of all readily accessible areas will be
conducted for the presence of conditions conducive to the growth of mold.
Any evidence of conditions will be tested for elevated moisture levels.
If these conditions are observed, they will be noted in the report.
If you have health concerns regarding mold, please check with the U.S.
EPA, the PA DER, and your physician for information.
The Company reserves the right
to refuse to inspect any portion of the home or item that may be viewed as
dangerous or where access to the system may result in damage to the home, the
container for the system, or the system itself. Items beyond plain view or that require the disassembly of
the system in order to examine fully, such as, but not limited to, heat
exchangers, boilers, and electric furnaces should not be considered examined.
LIMITATION AND RELEASE OF
inspection is not to be construed as a warranty or guarantee of the
performance of any item examined or tested.
Warranties on the overall performance of existing homes are available
and are a form of insurance not included in this inspection.
The Company is hereby released of all claims, liability, and
responsibility regarding the performance of tested items beyond the time of
the inspection. The Company is
released from all claims regarding unreported defects or deficiencies or any
consequential damage, property damage including the cost to repair or replace
items, or personal injury as a result of failure by an inspected or
uninspected system. In the event
that The Company or its Agent is found to be liable as a result of the
performance of the inspection due to breach of contract, willful negligence,
or willful misrepresentation or any other theory of liability as determined by
a court of law, The Company limits same liability to a cost equal to five
times the cost of the inspection.
Client agrees to waive all rights to any recourse, claims, or action against
The Company if same action or claim is not initiated within one year of the
date of the inspection. In the
event an action is taken against Blue Bell Consulting, Inc. and a judgment is
not rendered against Blue Bell Consulting, Inc.
the person who initiates the claim will be held liable for all legal
costs incurred by the company for defense against such claim, and he/she will
also be held liable for all time spent by Blue Bell Consulting, Inc. defending
the company against such action. The
inspection will NOT include the
identification of or the presence of hazardous materials, environmental
violations, or potentially harmful substances, such as but not limited to asbestos, carbon monoxide, electric and magnetic fields, lead, radon,
insect or animal infestations, molds, fungi, or other substances that may
result in allergic or adverse medical reactions. Also excluded are unstable or expansive clay soils, urea
formaldehyde foam, contaminated water sources, malfunctioning septic systems,
items not in plain view, or any latent defects. The following items will not
be part of the inspection:
alarms and systems
washers & dryers
or motion operated devices
home inspection is performed according to ASHI Standards and Practices. Radon
testing may be ordered as a separate test with a separate report.
Wood infestation inspection, lead hazard screening, and other services
may be performed at the same time as this inspection.
Any services performed by other contractors would be covered by the firm
performing those inspections and tests and are subject to the terms, conditions,
and limitations of the reports submitted by those companies.
A Home Warranty to provide protection regarding the performance of
specified systems beyond the day of the inspection may be purchased. Your Realtor may offer such warranties. The costs of these warranties are paid to the company
providing the warranty. They are
not affiliated with Blue Bell Consulting, Inc.
These warranties are subject to the terms and conditions stated by the
company providing them. Blue Bell
Consulting, Inc. is not a party to any such warranty.
The client whose name appears on the reverse side of this agreement
intends this inspection for use. The
client agrees to release The Company from all third party claims filed against
the client as a result of this inspection.
This releases The Company from all claims brought by individuals who are
not a party to this agreement. The
parties to the transaction are the client/buyer who has reviewed this document
and The Company, Blue Bell Consulting, Inc.
Company carries no insurance for the identification, testing, remediation,
removal, of mold. Nor does it carry
any insurance for reconstruction of mold damaged areas, nor liability insurance
for any protection for health related problems, sickness, allergic reaction or
illnesses that may arise from an individual’s exposure to mold that may be
present in the home. Mold may
develop within 24 to 48 hours of the home experiencing wetness from any source.
A home that is free of conditions conducive to the growth of mold may not
have been before the inspection nor after.
If concerned about mold, hire a professional who tests for mold, who is
paid a fee for that testing, and will assume responsibility for the presence of
Outbuildings, including detached
garages, are exclusive of the inspection unless discussed at the scheduling of
the inspection. These may be
included at an additional charge. 2/03