Home Inspection Company We inspect for YOU

 

1. Scope of Inspection. 1.1. General. This inspection contract is entered into effective as of the “Date of Inspection” entered above. Client is engaging Onesta Home Inspection LLC (Company), an Oregon Limited Liability Company to conduct a real estate inspection for client of the physical building located at the address listed above. The inspection to be provided is a function and safety survey which includes basic operation of the systems and components of the building that can be reached, accessed, or viewed without difficulty, moving obstructions, or requiring any action which may result in damage to the building or its fixtures, or personal injury to the company’s inspector (identified above). The purpose of the inspection is to provide client with information regarding the general condition of the building. 1.2. Environmental Exclusion. Client agrees what is being contracted for is a building inspection and not an environmental evaluation. The inspection is not intended to detect, identify, or disclose any health or environmental conditions regarding this building or property, including, but not limited to: the presence of asbestos, lead, radon, ureaformaldehyde, fungi, molds, mildew, PCB’s, or other toxic, reactive, combustible, or corrosive contaminants, materials, or substances in the water, air, soil, or building materials. Client understands and agrees that company and inspector may not be held responsible and shall not be liable for injury, health risks, or damage caused or contributed to by the presence of any of these conditions. 2. Fees and Payment. 2.1. Fee. Client agrees to pay the fee in the amount listed below, as compensation for conducting the inspection and preparing a written report. 2.2. Payment and Late Fees. The fee shall be due and payable in full prior to the scheduled date of the inspection, and client’s execution and acceptance of the terms of this agreement and payment of the fee are each conditions precedent to company’s obligation to perform any scheduled inspection or other obligations under this agreement. Company reserves the right to charge $75.00 late fee if not paid in full at time of report delivery. 2.3. Collection Costs. Client unconditionally agrees to pay, upon company’s demand, all reasonable costs and expenses incurred by company in collecting or attempting to collect any overdue amount, including but not limited to attorney’s fees and collection fees, regardless of whether or not company institutes any arbitration, action, or suit. 3. Obligations of Company and Inspector. 3.1. Inspection Report. Inspector will prepare and provide client with a report reflecting the findings of the inspection. The report shall document any material defects discovered in the building’s systems and components which, in the opinion of the inspector, are safety hazards, are not functioning properly, or appear to be at the ends of their service lives as of the date of the inspection. Client acknowledges that any conditions or defects that arise after the date of the Inspection are not covered by this agreement. The report is intended for the sole use and benefit of the client. 3.2. Standards and Practices. The inspection shall be performed in accordance with the standards and practices set forth in division 8 of OAR Chapter 812. An electronic copy of the OARs setting forth the Home Inspection Standards is available at: http://www.oregon.gov/CCB/Documents/pdf/Home%20Inspector%20Standards.pdf Client acknowledges that the Home Inspection Consumer Notice required by OAR 812-008-020(2)(d) has been provided to client by company. An electronic copy of the Home Inspection Consumer Notice is available at : http://www.oregon.gov/CCB/Documents/pdf/ HI%20consumer%20Protection%20notice.pdf. 4. Client’s Obligations, Representations, and Warranties. 4.1. Contents of Report. Client agrees to read the entire Report when it is received and promptly call inspector with any questions or concerns regarding the inspection or the report. The report contains the entire and exclusive findings of inspector related to the inspection, and supersedes all prior and contemporaneous communications, whether written or oral, between the parties with respect to the subject matter of the inspection. Any report prepared pursuant to this agreement will be prepared for the use of the client only, and shall contain the following language: “THIS REPORT IS INTENDED ONLY FOR THE USE OF THE PERSON PURCHASING THE HOME’S INSPECTION SERVICES. NO OTHER PERSON, INCLUDING A PURCHASER OF THE INSPECTED PROPERTY WHO DID NOT PURCHASE THE HOME INSPECTION SERVICES, MAY RELY UPON ANY REPRESENTATION MADE IN THE REPORT.” 4.2. Client’s Duty to Investigate Findings. Client acknowledges that Inspector is a generalist and that further investigation of a reported condition by an appropriate specialist may provide additional information that could impact client’s purchase decision or disclosure obligations with respect to the building. Client understands and agrees that it shall be client’s sole obligation to obtain further evaluation of reported conditions identified in the report before removing any investigation contingency and prior to the close any transaction. 4.3. Duty to Notify Company. In the event client becomes aware of a reportable condition which was not included in the report, client agrees to promptly notify company and allow the Inspector to inspect said condition(s) prior to making any repair, alteration, or replacement. Client agrees that any failure to so notify the company and allow inspection shall be conclusively deemed to be a waiver of any claims against company or inspector arising out of or related to any such condition. 4.4. Acknowledgement of No Warranty. Client understands and acknowledges that the report is not a substitute for any transferor’s or agent’s disclosures or warranties that may be required by law, or a substitute for client’s independent duty to reasonably evaluate the building prior to the close of the transaction. Client further understands and acknowledges that this agreement, the inspection, and the report do not constitute a home warranty, guarantee, or insurance policy of any kind whatsoever. 5. Limitations of Company and Inspector’s Liability 5.1. Time Limitations on Actions. No legal action or proceeding of any kind may be commenced against Inspector or Company more than one year from the date client discovers, or through the exercise of reasonable diligence should have discovered, the facts giving rise to the cause of action. CLIENT UNDERSTANDS THAT THIS TIME PERIOD IS SHORTER THAN OTHERWISE PROVIDED BY LAW. 5.2. Cap on Maximum Amount of Liability. To the greatest extent permitted by law, company’s aggregate monetary liability to client for any reason and for any and all causes of action, whether in contract, wrongful act, or otherwise, arising out of or in any way related to this agreement, will not exceed the amount of the fee set forth in this agreement. 5.3. Exclusion of Consequential Damages. Company will not be liable to buyer under any cause of action, whether in contract, wrongful act, or otherwise, for any indirect, special, incidental, consequential, or punitive damages, even if company has been advised of the possibility of such damages. 6. Dispute Resolution. 6.1. Mediation. The parties to this agreement agree to attend, in good faith, mediation with a retired judge or lawyer experienced in construction law with at least 5 years of mediation experience before any lawsuit is filed. All notices of mediation must be served in writing allowing 30 days for response. If no response is forthcoming, the moving party may then initiate arbitration under the terms and provisions set forth below in Section 6.2. 6.2. Arbitration. If mediation is unsuccessful or a party fails to participate, then except as otherwise permitted under Subsection 6.2.4, any controversy or claim arising out of or related to this Agreement (including but not limited to claims for breach of contract, misrepresentation, fraud, or sounding in tort) will be exclusively settled by binding arbitration before a single arbitrator in Bend, Oregon, in accordance with this Section 6.2. 6.2.1. If the parties agree on an arbitrator, the arbitration will be held before the arbitrator selected by the parties. If the parties do not agree on an arbitrator, each party will designate an arbitrator and the arbitration will be held before a third arbitrator selected by the designated arbitrators. Each arbitrator will be an attorney knowledgeable in the area of construction law. 6.2.2. Arbitration may be initiated and will be deemed to have commenced upon one party’s filing a claim with either Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. The arbitration will be conducted in accordance with the then-current rules of procedure of the arbitration service with which the claim is filed. 6.2.3. The resolution of any controversy or claim as determined by the arbitrator will be final and binding on the parties. 6.2.4. A party may seek from a court an order to compel arbitration, or any other interim equitable relief or provisional remedies pending a final arbitration award. Any such action or proceeding must only be brought in a local or state court located in Deschutes County, Oregon, or the United States District Court for the District of Oregon, Eugene Division, which court’s jurisdiction will be exclusive. Provided, however, that enforcement of a final award rendered by the arbitrator(s) may be sought in any court of competent jurisdiction. 6.3. Attorneys’ Fees. If any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind this agreement, or otherwise directly or indirectly related to the subject matter of the agreement, the prevailing party on a claim will be entitled to recover with respect to the claim, in addition to any other relief awarded, the prevailing party’s reasonable attorney's fees and other fees, costs, and expenses of every kind incurred in connection with the arbitration, action, suit, or proceeding, any appeal or petition for review, the collection of any award, or the enforcement of any order. 7. General Provisions. 7.1. Binding Effect. This agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors, and assigns. 7.2. Authority. The signatories to this agreement warrant that they have the authority to execute this agreement on behalf of the parties to this agreement and that any entity on whose behalf they are signing has executed this agreement pursuant to its governing documents or a resolution of those having the power to control its affairs of this nature. 7.3. Severability. Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the court’s holding. 7.4. Governing Law. b This agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Oregon, the state in which this agreement shall be deemed to have been executed and delivered, without giving effect to any conflict-of-law principles that would result in the laws of any other jurisdiction governing this agreement. By entering your signature below, client acknowledges receiving/reviewing the Home Inspection Consumer Notice and Home Inspector Standards. By entering your signature below, client further acknowledges having read and understood all the terms, conditions, and limitations of this agreement and voluntarily agrees to be bound thereby and to pay the fee listed below.