Inspector’s Name: John M
IL State License #: 450.011721
Company: Northwest Chicago Home Inspections
Address: 1425 W Schaumburg Rd
#163, Schaumburg, IL 60194
AGREEMENT IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
PLEASE READ IT
You, the undersigned Client,
herein referred to as ‘Client’, have requested that NW Chicago Home Inspections
(NWCHI), hereinafter referred to as “Inspector” or “NWCHI”, conduct an
inspection of the Property consistent with the terms and conditions of this
Agreement. The inspection service is being provided at the request of you, our
client, and is intended for your exclusive use and benefit. Not all conditions
are apparent at the time of inspection, so it is recommended, and you agree
herein, to consult with the Seller of the property regarding any significant
deficiencies/malfunctions known to exist to the Seller. Please read the final
inspection report carefully, as additional details concerning the nature of the
inspection are found in the report.
NW Chicago Home Inspections
agrees to perform a limited visual inspection of the residential structure at
the above address and to provide Client with a written opinion as to the
apparent general condition of the structure’s components and systems, including
identification of significant observable deficiencies as they exist at the time
of inspection. The inspection will be performed in a manner consistent
with the "Standards of Practice" of in accordance with the current Standards of
Practice (SOP) of the International Association of Certified Home Inspectors
(“InterNACHI”) posted at www.nachi.org/sop and the guidelines set forth by the
Illinois Department of Financial and Professional Responsibility (IDFPR).
The Inspector cannot examine what
cannot be seen by a non-invasive, visual examination. No removal of
materials or dismantling of systems shall be performed during this inspection.
The Inspector is not required to, nor will he/she move furniture, floor
coverings, insulation, stored materials, personal belongings, open walls or
perform any type of destructive or invasive testing in order to perform the
inspection. NWCHI is not responsible for any condition that may be covered,
concealed, or inaccessible because of, but not limited to, soil or vegetation,
walls, structural members, furniture, floor coverings, insulation, stored items,
personal belongings water, ice, snow, soot, or conditions that would be
considered a danger to the inspector. The home inspection is not a compliance
inspection or a certification of compliance with past or present governmental
codes or regulations of any kind.
Whether or not they are concealed
or inaccessible, the following items and systems are not within the scope of the
inspection service provided under this Agreement:
- Engineering analysis of any kind including structural integrity, system
design problems, functional adequacy, operational capacity, quality or
suitability for a particular use.
- Geological stability or ground condition of site.
- Soils or soil contamination.
- Scientific or specialized technician tests, readings or evaluations.
- Condominium or co-op common arrears or areas under the management of the
condominium or co-op association.
- Cosmetic items, including without limitation, paint, scratches, scrapes,
dents, cracks, stains, or faded surfaces, flooring, wall coverings,
carpeting, paneling, lawn and landscaping.
- Free standing appliances (such as Washers, Dryers, window air
conditioning units, and other personal property.
- Fireplace draft.
- Home warranty, system warranty and/or component warranty.
- Fountains, Cisterns, or Electrostatic precipitators.
- Electronic air cleaners or filter systems.
- Telephone, Intercom, antennae, lightening arrestors and cable TV cables.
- Low voltage lighting and electrical systems.
- Tennis courts, playground, or other recreational or leisure appliances
- Fencing, Landscaping, Irrigation systems.
- Water volume or flow.
- Water conditioning/softening systems.
- Security system.
- Central vacuum system.
- Automatic gates, elevators, lifts, dumbwaiters.
- Solar Heating Systems
Inspector does not
address conditions relating to animals, rodents, or other household pests or the
damage caused thereby. Unless you have paid an additional fee and the specific
item is noted and initialed by you and the inspector in this Agreement, the
following items are also excluded under this agreement and not within the scope
of the inspection: (a) Septic system, (b) Wells or well pump, (c) Water Quality,
(d) Swimming pools, saunas, hot tubs, spas/whirlpools, jet tubs or attached
equipment, (e) Mold/mildew/fungus or spores thereof or conditions related to
mold, mildew or fungus. *Detached Buildings or Equipment, (g) Environmental
hazards including, but not limited to, Asbestos, Radon, Lead and Lead based
paint, Formaldehyde, Electro-magnetic fields (EMF’s), Microwaves. (h) Wood
destroying organisms including concealed but not limited to, Termites, Carpenter
Ants, Wood boring beetles, and fungal rot. If inspection is desired of any of
the areas/items, systems or components listed above, then Client shall contract
the appropriate professionals. Any general comments about these systems, items
and conditions of the written report are informal only and DO NOT represent
inspection. We do not turn on, ignite or inspect any utility service, major
system, item or component that is shut down or not connected to a functioning
system at the time of the inspection. All utility services and major systems
must be turned on to perform the inspection. Therefore, the Client agrees not
to hold NW Chicago Home Inspections responsible for future failure and repair,
or for the non-discovery of any patent or latent defects in material,
workmanship, or other conditions of the property which may occur or become
evident after the inspection date, nor for any alleged non-disclosure of
conditions that are the express responsibility of the seller of the property.
The Client agrees to assume all the risk for conditions, which are concealed
from view or inaccessible to the Inspector at the time of the inspection.
AND KNOWN DEFECTS
The Client is required to inform
the Inspector of any and all past and current known defects and/or past
inspections performed, whether by a home inspector, pest control company,
structural engineer or other entity. The Client is further required to inform
the Inspector of the history of all known structural problems, regardless of
repair and/or natural or man-made disasters occurring within the home (fire,
flood, roof leaks, pipe bursts, etc.) Failure to disclose such information will
indemnify and hold harmless the Inspector from any further claims.
WARRANTIES and GUARANTEES:
The Parties to this Agreement
agree and understand the Inspector is not an insurer or guarantor against
defects in the structure, items, components or systems inspected.
INSPECTOR MAKES NO WARRANTY,
EXPRESSED OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR
ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
This inspection is not a
substitute for real estate transfer disclosures which may be required by law.
AND REMEDY LIMITATION:
Notice Requirement – In the event
that the Client has any dispute relating to this agreement, the inspection
service, the inspection report, or claim that there was any error or omission in
the performance of the inspection service or in writing of the report, the
client agrees upon discovering facts related to the dispute to notify NWCHI
within 72 hours prior to repairing or replacing such system or component, and
the Inspector shall be granted a reasonable time to re-inspect the system or
component. The client further agrees that the Inspector is not an insurer, that
the payment for the subject inspection is based solely on the value of the
service provided by NWCHI in the performance of a limited visual inspection of
the general condition of the structure’s systems and components as described in
the paragraph INSPECTION STANDARDS of the Agreement. The Client and NWCHI
further agrees that if the inspector fails to perform such service and the
Client is thereby damaged, then the liability of NWCHI (including its officers,
agents and employees) shall be limited to a sum equal to the amount of the fee
paid by the Client for the inspection and report. NWCHI bears no responsibility
for the possibility that the Client lost an opportunity to renegotiate with the
Seller. There will be no recovery for secondary or consequential damages
by any person.
The inspection and report is
prepared for the Client and may not be used or relied upon by any other person
unless that person is specifically name in this Agreement as recipient of this
report. This report should not be relied upon by anyone other than the
Client. In addition, the client agrees not to rely on this report alone in
making decisions about the subject property. The Client agrees to maintain the
confidentiality of the report and reasonably protect the report from
distribution to any other person. If the Client directly or indirectly causes
the report to be distributed to any other person, the Client agrees to
indemnify, defend, and hold NWCHI harmless if any third party brings a claim
against NWCHI relating to the Inspection or the Report.
SIGNING THIS AGREEMENT
Client understands and agrees
that if he/they are not present at the time of the inspection and therefore do
not sign this Agreement that this agreement will form a part of the inspection
report and acceptance of the inspection report by the Client shall and payment
therefore will constitute acceptance of the terms and conditions of this
NWCHI requires an inspection
agreement to be signed by the Client prior to performing an inspection. If
you were not present at th e inspection and did not sign the Inspection
Agreement you, by accepting,
paying for, and/or using the inspection report, the Client acknowledges and
agrees to be bound by the terms and conditions of the inspection agreement and
further agrees that the inspection agreement will form a part of the inspection
Also, by signing this Agreement,
the Client represents and warrants that all approvals necessary have been
secured to allow NWCHI to enter onto the subject property for the Inspection.
The written report prepared by
NWCHI shall be considered the final exclusive findings of NWCHI of the structure
and no other agreements either written or oral shall be in effect. Client
understands and agrees they will not rely on any oral statements made by the
Inspector prior to the issuance of the written report. Client further
understands and agrees that NWCHI reserves the right to modify the inspection
report for a period of time that shall not exceed forty-eight (48) hours after
the inspection report has first been delivered to the Client. This Agreement
shall be amended only by written agreement signed by both parties. If any
portion of this Agreement is found to be invalid or unenforceable by any court
or arbitrator, the remaining terms shall remain in force between the parties.
NWCHI fees are based on a single
visit to the property and the preparation of the written inspection report. If
additional visits, or reports, or services are required of NWCHI for any reason,
an additional fee will be charged. In the course of our inspection, we may
refer other service providers to the Client. You are not required or
obligated to use these services or providers, and NWCHI does not stand behind
the adequacy or quality of their work. NWCHI does not accept a referral fee
from these service providers.
Apparent Condition: Systems and components are rated as follows:
1. IN = INSPECTED - Indicates
that the component was inspected and is functionally consistent with its
original purpose but might show signs of normal wear and tear, or age.
2. NI = NOT INSPECTED - Indicates
that component was not available for inspection or could not be inspected.
If critical to the home purchase decision, recommend subsequent follow-up by a
licensed and qualified tradesperson prior to closing.
3. NP = NOT PRESENT - Indicates
that the component was not present or could not be located for inspection.
4. RR = REPAIR OR REPLACE - The
item, component, or unit is not functioning as intended or needs further
inspection by a qualified contractor. Items, components and units that can
be repaired to satisfactory condition may not need to be replaced.
Installed systems and components: structural components; exterior,
interior, roofing, plumbing, built-in appliances, electrical, heating, central
conditions (weather permitting), insulation and ventilation.
Readily accessible systems and components: only those systems and
components where Inspector is not required to remove personal items, furniture,
equipment, soil, snow, or other items which obstruct access or visibility or
could require the inspector to perform an unsafe or potentially hazardous act.
Client has read this entire
Agreement and accepts and understands this Agreement as hereby acknowledged.