INSPECTION AGREEMENT with ARBITRATION CLAUSE

AAA Home Inspections LLC      Web Site: www.aaa-inspect.com

Name of Client:    Inspection Fee:   $40.00 / Hour

Inspection Address:    Inspection Date:

AN AGREEMENT / CONTRACT, entered into on (Today's Date:)  between the above named (Client) and AAA Home Inspections LLC (the Company).  The Client will receive a  Full Report (all systems), or, will receive a   Partial Report (limited systems), which will identify deficiencies for the purpose of assisting the client:

1.   To decide if the quality of the house, as priced, meets their expectations.

2.   To negotiate with the seller in regard to necessary repairs.

3.   To understand any ongoing deficiencies that are discovered in the house. 

INSPECTION & DUTIES  The Company agrees to perform a non-invasive, limited visual inspection of the Property in accord with the Standards of Practice of the American Society of Home Inspectors (ASHI), viewable at www.ashi.org, and will report the findings to the Client.  The Client agrees:  (1) to read the Inspection Report when received and to promptly call with any questions, (2) that if the Company recommends “further evaluation” of a deficiency that it is the Client’s responsibility to perform or obtain this “further evaluation,” and (3) that this is NOT a technically exhaustive inspection. (A technically exhaustive inspection requires several days, and involves multiple tradesmen at substantial cost.)

LIMITATIONS & EXCLUSIONS  The Client agrees that the following list of items and deficiencies will NOT be part of the Inspection:  termites, wood destroying insects, animal / insect infestations, septic tanks & drain fields, private water wells, swimming pools, hot tubs, low voltage systems, irrigation systems, sewage grinder pumps, marine docks, furnace heat exchangers, seismic safety, security systems, latent or concealed defects, hail damage, compliance with building codes, soil stability, engineering services, radon (unless requested), lead, asbestos, formaldehyde, Chinese drywall, PCBs, mold, odors, noise, water or air quality, toxic or flammable chemicals, electro-magnetic fields, underground storage tanks, yard hazards, and any other limitations and exclusions listed in the ASHI Standards of Practice viewable at www.homeinspector.org/standards/default.aspx.

DISCLAIMER OF WARRANTY  The Client agrees that the Inspection and Inspection Report do NOT constitute a/an:         (1) insurance policy of any kind, (2) warranty of merchantability or fitness for a particular purpose, or (3) guarantee against such items as roof leaks, wet basements, wet crawlspaces, termite damage, mechanical breakdowns, or structural inadequacies, and (4) is NOT a substitute for the Tennessee Residential Property Condition Disclosure. 

GOVERNING LAW, SEVERABILITY, MODIFICATION, & INDEMNITY  The Client agrees: (1) that this contract shall be governed by Tennessee state law, and if a portion is found to be invalid by any authority, the remaining terms shall remain in force between the parties, (2) that this contract constitutes the entire agreement between the parties, and supersedes any prior agreements, whether written or oral, and any variance must be agreed to in writing and signed by both parties, and (3) to indemnify and hold harmless the Company from any third party claims arising from this transaction.

STATUTE OF LIMITATIONS  The Client agrees: (1) that any claim for breach of contract be made in writing within thirty (30) days of discovery, (2) that the Company be allowed to re-inspect the claimed discrepancy before any alterations are performed, (3) that any legal action be brought within one year from the date of the Inspection, and (4) that failure by the Client in regard to any of these requirements constitute a waiver of all claims.

LIQUIDATED DAMAGES – LIMITED LIABILITY CLAUSE  The Client agrees, that if claim is brought, and the Company is found to be in breach of contract, the Company’s liability for the claim is limited to ten times the fee paid for the inspection service and the Company will be released from liability, HOWEVER, if claim is brought, and the judgment is found in favor of the Company, the Client agrees to pay the legal costs incurred by the Company in defending the claim.  

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION CLAUSE  The Client agrees that any dispute or claim against the Company shall be submitted to Mediation-Arbitration, according to the rules of the American Arbitration Association, www.adr.org, with an entry of judgment, and that the Client has agreed to forfeit the right to trial by court, and to resolve disputes by Mediation-Arbitration. See Mediation-Arbitration RULES at www.adr.org/sp.asp?id=22011.

Client Agrees to Arbitration Clause  -  Client's Initials:   (Initials Required in Tennessee)

     By checking here   you Authorize the Distribution of the Report to involved Realtors, Sellers, and Contractors.

     List of Systems, If a Partial Report is Requested (Or Additional Services - Such as Radon Monitoring): 

I, the Client, hereby Authorize the Inspection, having Read and Understood this Agreement:

Your Full Name + Your E-Mail:  

Your Current Address + Contact Phone:   

Authorization by The Inspector:   James F. Wells Jr    AAA Home Inspections LLC

AAA Home Inspections LLC   Maryville TN       Jim Wells  (865) 591-0708