Terms of Service
THIS AGREEMENT is
made and entered into and between City Wide Home Inspectors,
referred to as "Inspector",
and you our client ,
referred to as "Client".
In
consideration of the promise and terms of this Agreement, the
parties agree as follows:
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The
client will pay the sum due for the services provided, (including applicable taxes), for the inspection of the
"Property", residence, and garage or carport, if applicable,
being inspected.
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The
Inspector will perform a visual inspection and prepare a
written report of the apparent condition of the readily
accessible installed systems and components of the property
existing at the time of the inspection. Latent and concealed
defects and deficiencies are excluded from the inspection.
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The
parties agree that the “Standards of Practice” (the “Standards”)
shall define the standard of duty and the
conditions, limitations, and exclusions of the inspection and
are incorporated by reference herein. A copy of the Standards is
included with this report and available on our website
www.citywidehomeinspectors.com/sop.htm. If
the province where the inspection is performed imposes more
stringent standards or administrative rule, then
those provincial standards shall define the standard of duty and
the conditions, limitations and exclusions of the inspection.
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The
parties understand and agree that the Inspector and its
employees and its agents assume no liability or responsibility
for the costs of repairing or replacing any unreported defects
or deficiencies either current or arising in the future or any
property damage, consequential damage or bodily injury of any
nature. If repairs or replacement is done without giving the
Inspector the required notice, the Inspector will have no
liability to the Client. The client further agrees that the
Inspector is liable only up to the cost of the inspection.
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The
parties agree and understand the Inspector is not an insurer or
guarantor against defects in the structure, items, components or
systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR
IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR
ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
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If
Client is married, Client represents that this obligation is a
family obligation incurred in the interest of the family.
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This
Agreement, including the terms and conditions on the reverse
side, represents the entire agreement between the parties and
there are no other agreements either written or oral between
them. This Agreement shall be amended only by written agreement
signed by both parties. This Agreement shall be construed and
enforced in accordance with the laws of the Province of Ontario,
and if that province's laws or regulations are more stringent
than the forms of the agreement, the provincial law or rule
shall govern.
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Systems, items, and conditions which are not within the scope of
the building inspection include, but are not limited to: radon,
formaldehyde, lead paint, asbestos, toxic or flammable
materials, moulds, fungi, other environmental hazards; pest
infestation; security and fire protection systems; household
appliances; humidifiers; paint, wallpaper and other treatments
to windows, interior walls, ceilings and floors; recreational
equipment or facilities; underground storage tanks, energy
efficiency measurements; concealed or private secured systems;
water wells; heating systems accessories; solar heating systems;
sprinkling systems; water softener; central vacuum systems,
telephone, intercom or cable TV systems; antennae, lightning
arrestors, trees or plants; governing codes, ordinances,
statutes and covenants and manufacturer specifications. Client
understands that these systems, items and conditions are
excepted from this inspection. Any general comments about these
systems, items and conditions of the written report are informal
only and DO NOT represent an inspection.
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The
Inspection and report are performed and prepared for the sole
and exclusive use and possession of the
Client. No other person or entity may rely on the report issued
pursuant to this Agreement. In the event that any person, not a
party to this Agreement, makes any claim against Inspector, its
employees or agents, arising out of the services performed by
Inspector under this Agreement, the Client agrees to indemnify,
defend and hold harmless Inspector from any and all
damages, expenses, costs and attorney fees arising from such a
claim.
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The
Inspection will not include an appraisal of the value or a
survey. The written report is not a compliance inspection or
certification for past or present governmental codes or
regulations of any kind.
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In the
event of a claim by the Client that an installed system or
component of the premises which was inspected by the Inspector
was not in the condition reported by the Inspector, the Client
agrees to notify the Inspector at least 72 hours prior to
repairing or replacing such system or component. The Client
further agrees that the Inspector is liable only if there has
been a complete failure to follow the standards adhered to in
the report or Provincial law. Furthermore, any legal action must
be brought within one (1) years from the date of the inspection
or will be deemed waived and forever barred.
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This
inspection does not determine whether the property is
insurable.
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Exclusions of systems normally inspected: Any common area
covered or maintained by a property management company, covered
under a maintenance contract associated with any Condominium
Corporation, for either a High Rise Condominium or Townhouse
Condominium property.
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Terms of Service
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