The scope of this inspection (“Scope”) is limited to the visual examination of the safely and readily accessible portions of the structural, heating, cooling, plumbing, roofing, electrical and components of the Subject Property specified in this Contract and the Inspection Report for conditions which are adversely affecting their normally intended function or operation within the limits set forth in this Contract and the Inspection Report. No other systems, items or appliances are included in this inspection. The inspection performed is not intended as a substitute for a sellers disclosure statement.
Excluded is any inspection of any systems or items not included in the Inspection Report including but not limited to the following: any information pertaining to manufacturers recalls of any component, detached buildings or equipment, the presence of insects or other pests, low-voltage systems, swimming pools, saunas, spas, whirlpools, and hot tub systems, any component or system which is underground, private water systems or equipment, wells and well pumps, cisterns, ponds, fountains, water quality or volume, water conditioning systems, elevators, lifts, dumbwaiters, audio and video systems, freezers, central vacuum systems, microwave ovens, built in blenders, ovens, stoves, refrigerators, trash compactors, dishwashers, washing machines, dryers, fencing, landscaping, trees, irrigation systems, active and passive solar systems, soils, computer control systems, security systems and any inspection or testing for any toxic or dangerous substances including mold, asbestos, lead, or gases including radon and formaldehyde, other gases typically used as fuel for home heating systems, or any system or item not included in the Inspection Report.
This inspection is not technically exhaustive. No engineering tests will be made. No examination will be made to determine compliance with any governmental ordinance, regulation or code. The inspection report is not to be considered an implied or express warranty or insurance on the Subject Property or its components concerning future use operability, habitability or suitability. The purpose of the inspection is for client to be informed of as many conditions as possible within the brief period of time allotted for the inspection. Client has not expectation of being notified of all conditions and waives any claim to conditions which are not reported. Feister Residential Inspectors is not responsible for any condition affecting any system or component which occurs subsequent to the inspection or is intermittent and not detectable during the inspection. This inspection will comply with Internachi.org.
CLIENT ACKNOWLEDGES THAT FEISTER RESIDENTIAL INSPECTORS WARRANTS ITS INSPECTION SERVICES WILL BE PERFORMED IN ACCORDANCE WITH THE SCOPE, THE INSPECTION REPORT, AND THE STANDARDS OF PRACTICE OF INTERNACHI. ORG ONLY. THIS IS A LIMITED AND NON-TRANSFERABLE WARRANTY AND IS THE ONLY WARRANTY GIVEN BY FEISTER RESIDENTIAL INSPECTORS. FEISTER RESIDENTIAL INSPECTORS MAKES AND CLIENT RECEIVES NO OTHER WARRANTY, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
THIS STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF FEISTER RESIDENTIAL INSPECTORS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE INSPECTION AND ANY DELIVERY AND USE OF AND RELIANCE ON THE INSPECTION REPORT. CLIENT WAIVES ANY CLAIM FOR CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, EVEN IF FEISTER RESIDENTIAL INSPECTORS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF A BREACH OR FAILURE OF THE FOREGOING WARRANTY, OR NEGLIGENT INSPECTION BY FEISTER RESIDENTIAL INSPECTORS (EXCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), CLIENT AGREES THAT THE LIABILITY OF FEISTER RESIDENTIAL INSPECTORS AND OF ITS AGENTS, EMPLOYEES, AND INSPECTORS, FOR CLAIMS OR DAMAGES, COSTS OF DEFENSE AND SUIT, ATTORNEYS FEES AND EXPENSES AND PAYMENTS ARISING OUT OF OR IN ANY WAY CONNECTED WITH ERRORS OR OMISSIONS IN THE INSPECTION OR THE INSPECTION REPORT SHALL BE LIMITED TO LIQUIDATED DAMAGES IN AN AMOUNT EQUAL TO ALL AMOUNTS PAID FOR THE INSPECTION TO FEISTER RESIDENTIAL INSPECTORS BY CLIENT. Client and Feister Residential Inspectors acknowledge the liquidated damages are not intended as a penalty but are intended (I) to reflect the fact that actual damages may be difficult and impractical to accertain; (ii) to allocate risk among Feister Residential Inspectors and Client; and (iii) to enable Feister Residential Inspectors to perform the inspection at the stated inspection fee. In the event of the tender by Feister Residential Inspectors of a refund of the inspection fee, such refund shall be full and final settlement of all present and future claims and causes of action and Feister Residential Inspectors shall be thereupon generally and fully released.
In the event Client has a claim of breach or failure of warranty, or for negligent inspection, Client shall provide Feister Residential Inspectors with three (3) working days to reinspect the component or item before Client repairs or replaces the component or item. This right of reinspection is to protect Feister Residential Inspectors and Client from the business practices of some contractors. If Client fails to allow Feister Residential Inspectors to reinspect, Client waives any claim against Feister Residential Inspectors with respect to the component or item.
No action, whether in contract or tort, shall be brought against Feister Residential Inspectors in a court of law beyond the earlier of one year following the date of the Inspection Report or 120 days after discovery by Client of the condition which forms the basis of the action.
If a claim is made against Feister Residential Inspectors for any alleged error or omission or other act arising out of the performance of this inspection, and if Client fails to prove such claim, Client agrees to pay all costs and attorney's fees incurred by Feister Residential Inspectors and its inspectors.
Inspection Report is not intended for use by anyone other than Client. No third party shall have any right arising from this contract or the Inspection Report. In consideration of the furnishing of the Inspection Report, the Client agrees to indemnify and hold harmless Feister Residential Inspectors and its inspectors for all costs, expenses, legal fees, awards, settlements, and judgments in any legal preceding brought by any third party who claims that he/she relied on representations made in such Inspection Report and was damaged thereby. Client's request that Feister Residential Inspectors release copies of the Inspection Report shall be at Client's risk with respect to the contents of this paragraph.