Done Right Home Inspections... Phase, Construction Inspection Agreement

Conditions and Terms

All following terms and conditions apply both in contract and in tort:
1. A Phase or Construction is conducted at several stages in a homes construction and is performed as far as allowed by phase in accordance with InterNACHI Standards of Practice. Link to the website here or a copy is included on this website and forms part of this agreement.
2. The inspection is a visual examination only, and builds upon prior visual inspections in this Client's construction inspection program. It does not include any possible concealed defects.
3. The inspection is not to determine total compliance with the Building Code or local bylaws.
3. The inspection is limited to conditions apparent and existing at the time of the inspection.
4. The inspection is not an all-inclusive list of defects.
5. All-inclusive inspections, including code compliance, using the services of certified Structural Engineers, Licensed Electricians, Plumbers, Roofers, etc, are available starting at a cost of $6000 for a home up to 1400 sq ft. Larger homes priced by quote only.
6. The inspection is not an appraisal or assessment of the advisability of purchase of the home.
7. The inspection may be based on inferences. Evidence of a problem, for example, water staining on the basement wall, may or may not indicate that the basement is subject to leakage.
8. The inspection does not address termites or other wood destroying insects.
9. Bath tub and basin overflows are not included or tested in the scope of the inspection
10. The inspection does not include environmental items such as, but not limited to, the existence, fitness or performance of fuel storage tanks or the existence of asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals, water or airborne illness or disease.
11. Done Right Home Inspections assumes full responsibility for the inspector during the performance of the inspection. Done Right Home Inspections assumes no responsibility whatsoever for the actions of any other parties. All others present during the inspection are the responsibility of the realtor and or themselves.
12. We make every effort at every stage of inspection to look for evidence of water infiltration throughout the home, however, unless a basement or roof is wet during the time of the inspection, or it has rained during the stages after roofing and exterior close in and before drywall goes on it's resistance to water infiltration cannot usually be determined and leakage may occur after heavy rains.

Fee & Payment Terms
The client agrees the fee for this inspection is________________________ (including GST). The client agrees to pay 30% as a nonrefundable retainer in advance, and the balance in full by cash or cheque at the conclusion of Done Right Home Inspection's final held prior to delivery from the contractor to the homeowner or the homeowner/builder arranged municipal final inspection. At that time fees are due prior to the verbal on site summary and before the report is released. The client acknowledges that this fee does not include any re-inspections (re-inspections are available and are billed hourly).

If the payment is mailed rather than made at the time of the inspection, it should be made by certified cheque as the report will not be released until the payment is received and the cheque cleared at Done Right Home Inspections bank. Upon receipt of payment in full, the report will be released to the client or their authorized representative. If the inspection fee is not paid in full, the inspection and report remains in its entirety the intellectual property of the inspector and this agreement is null and void.

Fungi Exclusion for all home inspections
As inspections following the Standards of Practice do not include environmental items Done Right Home Inspections assumes no liability, in contract or in tort, including the negligence of Done Right Home Inspections for the following:
(a) the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, growth or presence of; or,
(b) any costs or expense incurred to prevent, respond to, test for, monitor, abate, mitigate, remove, clean up, contain, remediate, treat, detoxify, neutralize, assess or otherwise deal with or dispose of; or
(c) the actual or alleged failure to detect, report, test for, monitor, cleanup, remove, contain, dispose of, treat, detoxify, neutralize, or in any way respond to, assess the effects of or advise the existence of; any fungi or any spores, myotoxins, odours, or any other substances, products or by-products produced by or released by, or arising out of the current or past presence of fungi. Fungi means any form of fungus, including but not limited to yeast, mould, mildew, rust, smut, or mushroom.

Fungi Testing (commonly referred to as mould testing) is available under separate contract

Confidentiality Agreement
The inspection report is intended only for the use of the individual or entity to which it is addressed. This report contains information that is time sensitive, (in that condition of components and systems can change at any time after inspection) privileged, confidential, and exempt from disclosure under applicable law. If the reader of this report is not the intended recipient, or an agent responsible for delivering the message to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this report is strictly prohibited. The client agrees to maintain confidentiality of the report and reasonably protect the report from distribution to other parties except as needed to fulfill contractual requirements in order to purchase the property. If the client directly or indirectly causes the report to be distributed to any other party, the client agrees to indemnify, defend and hold harmless Done Right Home Inspections and or the inspector if any third party brings suit against Done Right Home Inspections related to the inspection or report.

Limit of Liability
1. Done Right Home Inspections is not responsible for repair, replacement, or consequential losses.
2. The inspection is not a warranty or guarantee against future problems.
3. This inspection agreement represents the entire agreement, and supersedes all previous representations.
4. In the event of a claim against Done Right Home Inspections the client agrees to supply Done Right Home Inspections with the following;
(a) Immediate notification via phone or e mail on finding any issue, followed by written notification of adverse conditions within 14 days of discovery, and (b) Access to the premises to confirm alleged issues prior to any repairs being undertaken that would cover up, cause to be indeterminable, or in any way make unknowable the cause of the issue.
Failure to comply with the above conditions will release the inspector and its agents from any and all obligations.
5. In the event that a dispute arises out of the inspection report and legal proceedings are commenced by the client, and in the event that the client is unsuccessful in their claim, then the client shall be liable to Done Right Home Inspections for all Done Right Home Inspection charges, expenses, costs, and legal fees incurred by Done Right Home Inspections on a complete indemnity basis including a reasonable fee for the time spent by Done Right Home Inspections.
6. In the event of a breach by Done Right Home Inspections, Done Right Home Inspections liability is limited to the amount of the fee paid for the inspection.  Due to the time sensitive nature of a home inspection report, all claims must be made within six months of the inspection.
I have read and understand the InterNACHI standards of practice and limitations linked to their website in this document, and I have read, understand and agree with the terms of this contract:
Client Signature: _____________________________ Date: ____________
Client name in block letters: ________________________
Address of property inspected: ________________________
Street Address ___________________________
City ___________________________
Inspector Signature: ____________________________ Date:

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