SAFE HARBOR INSPECTIONS INC.

INSPECTION AGREEMENT

CUSTOMER:

Name(s) ____________________________________________________________________
Address of property to be inspected _____________________________________________
Phone Number _______________________________________________________________
Email Address ________________________________________________________________
Inspection Fee________________________________________________________________
Inspection Date_______________________________________________________________

Please pay particular attention to sections 6 and 7 below as they contain specific limitations of liability on the part of the inspector (this is industry-standard language for inspectors across the United States and Canada).

This agreement, (“AGREEMENT”), sets out the conditions by which SAFE HARBOR INSPECTIONS, INC, a New York Corporation with an address of PO Box 623, Huntington, New York, 11743, (“COMPANY”) will perform an inspection for CUSTOMER as identified above under the heading (“CUSTOMER”).  For the fee as stated above,  CUSTOMER agrees to have COMPANY conduct an inspection, on the inspection date as stated above,  for the purpose of informing the CUSTOMER of the condition of the building identified above as limited by this agreement. The inspection and report are to be performed and prepared for the sole, confidential and exclusive use and possession of the CUSTOMER. A written report will include comments based on observations of the visible and accessible parts of the following only:

• General exterior, including roof, gutters, chimney, major drive and walkways, drainage and grading
• General interior, including ceilings, walls, floors, windows, doors and stairs
• Electrical, plumbing, domestic water heating, central heating, air conditioning and other major appliances
• Structural components including attic ventilation and insulation (if readily and safely accessible)
• Wood Destroying Insect Inspection

COMPANY, identified above, as used in this agreement and report, means the Company, its employees, its subcontractors, its agents, the inspector(s), and any other person or company who represents the organization.

AN INSPECTION IS INTENDED TO ASSIST IN A VISUAL EVALUATION OF THE OVERALL CONDITION OF THE BUILDING. This will be a limited in time, walk-thru, visual inspection of the visible, exposed elements of major components of the home and substantial deficiencies may exist and not be detected because of the limited nature of such an inspection. INSPECTION IS BASED ON OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE BUILDING AND ITS COMPONENTS ON THE DATE OF THE INSPECTION. For example, inspectors can not see inside of pipes, walls, equipment, machinery, above ceiling tiles, behind insulation or storage materials, below finished flooring or carpets, under the soil, etc. Therefore, components might be ready to fail without any outward or visible signs. It is agreed the inspector can not be held responsible for the failure of such non-visible conditions. Most home inspectors are not specialists (for example, electricians, plumbers or structural engineers), they are generalists. Therefore, YOU MAY BE ADVISED TO SEEK THE ADVICE OF A SPECIALIST SUCH AS AN ELECTRICIAN, PLUMBER, OR LICENSED STRUCTURAL ENGINEER OR ARCHITECT AS TO ANY DEFECTS OR CONCERNS MENTIONED IN THIS REPORT. The inspector is not required to climb on the roof, enter crawl spaces where the ceiling height is less than 4 feet or otherwise inaccessible, and does not perform invasive procedures: equipment, items and systems will not be dismantled and covers will not be removed. The inspector only uses normal operating devices. Inspection will be made to see if a component is doing its major function, not minor functions. Maintenance, cosmetics and other things may be discussed, but they’re not required to be included in the report. The written report will be the total report and no reliance should be made on anything discussed during the inspection.

TOTALLY EXCLUDED: This is not a compliance inspection or certification for past or present governmental codes, rules or regulations of any kind. NO search or check of municipal records is included. Latent, hidden and concealed defects and deficiencies are excluded from the inspection and report. NO warranty or guarantee of the structure or components is made or implied by COMPANY. The inspection and report do not address and are not intended to address the presence or danger from any potential harmful substances and environmental hazards including but not limited to radon gas, carbon monoxide, lead, lead paint, asbestos, buried fuel storage tanks, urea formaldehyde, various molds and spores, water quality, toxic or flammable chemicals or gases and water and airborne hazards. Also excluded from this inspection and report are wells, on-site and off-site sewage disposal systems, security systems, central vacuum systems, above ground or in-ground pools, water conditioning equipment, sprinkler systems including lawn sprinklers and fire sprinklers, fire and other safety equipment. This is not an inspection for the presence or absence of rodents, animal urine or feces, but if observed they may be reported. It is not an evaluation for past, present or future zoning, business, commercial or industrial use. Property boundaries and land survey are not included.

RE-INSPECTIONS: Sometimes a system or component can not be inspected because of conditions outside of the COMPANYS’ control. For example, the boiler can not be operated because there is no fuel, or the garage can not be inspected because it is locked. If the CUSTOMER requires the COMPANY to return to the property to RE-INSPECT, there will be a flat RE-INSPECTION FEE of $200 to compensate company for expenses associated with travel and the time involved with the actual re-inspection and further reporting.

DISPUTES: It is specifically agreed that no lawsuit or other type of claim of any kind arising out of or in any way relating to this AGREEMENT, the inspection or the report shall be made unless each of the following conditions is satisfied first, in order:

Date By Which Notice Of Claim Must Be Given. Written notice of the claim must be given to the COMPANY on or before the 10th day after the date of discovery of a claimed defect or the date said claimed defect should have been discovered. The notice shall: (a) describe the claim including what the CUSTOMER believes COMPANY did or failed to do; (b) state why CUSTOMER believes the COMPANY is responsible; (c) state what CUSTOMER believes COMPANY should do about it and; (d) offer to allow COMPANY to inspect as required in the following paragraph. Notice shall be sent by first class mail to the COMPANY address as set forth in this AGREEMENT.

1. Right to Re-inspect: If CUSTOMER believes the COMPANY made a mistake, before making any repairs or alterations relating to the alleged mistake, CUSTOMER shall notify COMPANY and provide COMPANY a reasonable opportunity to inspect the portion of the property relating to the alleged mistake.
2. Negotiation: If the dispute has not been resolved as a result of the re-inspection:A. The parties shall attempt in good faith to resolve any disputes arising out of or relating to this AGREEMENT, the inspection or the report promptly by negotiation. Either party shall give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include a statement of each party’s position and a summary of arguments supporting that position. Within 30 days after delivery of the disputing party’s notice, both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored.B. If the matter has not been resolved within 30 days of the disputing party’s notice, or if the parties fail to meet within 30 days, either party may initiate mediation of the controversy or claim as provided hereinafter.C. All negotiations and written notices and/or responses pursuant to this clause 3) will be allowed into evidence in a court of law.
3. Mediation: If the dispute has not been resolved by negotiation as provided herein, the parties shall endeavor to settle the dispute by mediation under the then current commercial mediation rules of the American Arbitration Association (“AAA”) or under such other non-binding alternate dispute resolution rules to which the parties shall agree to in writing. A single, neutral third party (“Neutral”) will be selected from the AAA panel of Neutrals, with the assistance of the AAA, unless the parties agree otherwise.
4. Lawsuit: If the dispute has not been resolved by mediation after one session with a Neutral, and if each of the other conditions set forth in this paragraph have been properly and fully satisfied, then either party may file a lawsuit or other type of claim provided it is filed within the time period set forth below. Any lawsuit brought by either party must be brought in the Supreme Court or local District Courts of the County of Nassau, State of New York, without a jury, including counterclaims and third party claims. CUSTOMER agrees that if COMPANY, or any of its inspectors or employees, is ever subpoenaed to appear in a court action or arbitration matter (hereinafter “Hearing”) because of the COMPANY’S inspection of the building identified above and/or any of its components or other portions of the premises where it is located, that CUSTOMER will either reimburse COMPANY for attending said Hearing at the rate of $200.00 per hour, including travel time, or obtain a court order quashing said subpoena, all at CUSTOMER’S sole cost and expense.
5. Time Limit: Time within which lawsuit must be filed or be forever barred. No lawsuit or other type of claim arising out of or in any way related to this AGREEMENT, the inspection or the report may be filed unless it is filed within one year of the date of this AGREEMENT and unless and until each of the preconditions listed in this paragraph are fully and properly satisfied.
6. Limitation on Damages: The purpose of this provision is to limit the amount of money damages that CUSTOMER may claim and recover from COMPANY. The maximum amount of money that CUSTOMER may claim and recover is hereby limited to the fee paid by CUSTOMER to COMPANY under this Agreement. This limitation applies to every type of claim or cause of action arising out of or in any way related to this agreement, the inspection or report, including but not limited to breach of contract, negligence, negligent misrepresentation and violations of any Unfair Trade Practices act. This limitation does not apply to any claim for vexatious litigation or similar type of claim by COMPANY against CUSTOMER or CUSTOMER’S lawyer. In the event that CUSTOMER fails to prove any adverse claims against Company in a court of law, CUSTOMER agrees to pay all legal costs, including, but not limited to, all reasonable attorney’s fees, expenses and court fees of Company in defending said claims.
7. CUSTOMER agrees that this agreement may be executed in counterparts by either of the undersigned parties and that a facsimile copy of this Agreement shall constitute an original. It is also understood and agreed that an acceptance of the terms and conditions contained herein by the CUSTOMER shall be just as binding if made electronically by computer. No party may raise the use of a telecopier, facsimile machine, PDF or other electronic means, or the fact that any signature was transmitted through the use of a telecopier, facsimile machine, PDF or other electronic means, as a defense to the enforcement of this Agreement.

SHOULD THE CUSTOMER WANT AN INSPECTION THAT DOES NOT LIMIT THE LIABILITY AS STATED ABOVE FOR THE INSPECTION AND REPORT, the CUSTOMER can receive a technically exhaustive inspection and report without the limitation of a refund of the fee paid. The fee for this type of inspection could be over $3,000. This would be a technically exhaustive inspection performed with Licensed Engineers, HVAC, Plumbing, Electrical, General Contractors and other specialists depending upon the extent of services requested. If the CUSTOMER chooses this technically exhaustive inspection, the CUSTOMER must first call for a quote and a different form of contract will be used with a different limit of liability agreed upon.

AGREED TO BY CUSTOMER		AGREED TO BY SAFE HARBOR INSPECTIONS INC
Customer Signature,  Date		Inspector Signature

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