This agreement is made this ______ DAY OF ____________________, _______ by and between HOME INSPECTION, INC. (Company) and ________________________________________ (Customer) to provide the following inspection services at the subject property:

Customer Name and Address:

_________________________________________

_________________________________________

_________________________________________

_______________________________________

Subject Property:__                                                         

                                                                                                Pennsylvania

II.    SERVICES TO BE PERFORMED

Initials             Service                                                                                   Fee

_____ Home Inspection (Provided)                                                $____________

_____ Radon Gas Testing   (Provided/Arranged)             $____________   

_____ Wood Destroying Insect Report                                          $____________

                        (Provided/Arranged)

                        Other____________________

                        ________________________

                                    ________________________                  $____________

                                                            TOTAL$____________

III.     TERMS OF PAYMENT

NO INSPECTION REPORT WILL BE RELEASED TO CUSTOMER OR DESIGNATED PARTY UNTIL FULL PAYMENT IS RECEIVED.

IV.    RELEASE OF INFORMATION

If Customer’s transaction involved a real estate broker or agent, whether acting for Seller or Buyer, Customer hereby authorizes Company to provide a copy of the Building Analysis Report to such real estate broker(s) or agent(s).

PERMISSION TO RELEASE _____________________________________

                                                   Customer Signature

V.    SELLER DISCLOSURE

If Customer wants Inspector to review and/or comment on information in the Seller Disclosure form provided to Customer, Customer must provide that form to Inspector before the inspection.

Seller Disclosure Form:       _____Provided                     _____Not Provided

VI.    SCOPE OF INSPECTION

Company agrees to conduct an inspection for the purpose of informing the Customer of major deficiencies in the condition of the property, subject to the UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY below.  The inspection and report are performed and prepared for the sole, confidential and exclusive use and possession of the Customer.  The written report will include the following only:

-structural condition and basement     -general interior, including ceilings, walls

-electrical, plumbing, hot water heater,            floors, windows, insulation and ventilation

 heating and air conditioning                           -general exterior, including roof, gutters,

-quality, conditions and life expectancy of    chimney, drainage, grading

 major systems                                                  -kitchen and appliances

It is understood and agreed that the inspection will be readily accessible areas of the building and is limited to visual observations of apparent conditions existing at the time of the inspection only.  Latent and concealed defects and deficiencies are excluded from the inspection; equipment, items and systems will not de dismantled.  Maintenance and other items may be discussed, but they are not a part of our inspection.

Company cannot and does not probe, bore, pry, poke or otherwise invade any physical structure.  Company does not inspect behind dry wall, paneling, wall paper, under carpeting or other floor coverings, above drop ceilings, or other areas which may be blocked or impeded by furniture, personal items or other structures. 

WARNING: Some Homeowners purposefully conceal damage or defects in the Subject Property.  This type of concealment is particularly difficult to detect in a visual inspection.  

INSPECTION EXCLUSIONS.  Structures detached from the Subject Property; the presence or absence of rodents, termites other wood destroying insects, and/or other insects and damage caused by rodents, termites other wood destroying and/or other insects (unless separate inspection is performed); mold and/or mildew; indoor or outdoor air quality; the interior of chimneys; radon gas (unless separate inspection is performed); underground tanks and wells; septic and other sewage disposal systems; damage caused by house pets; the presence of asbestos; lead-based paint; formaldehyde and other pollutants and toxic chemicals; water quality and adequacy; swimming pools; smoke alarms or other alarm systems and components; central vacuum systems; tennis courts, basketball courts and other playground equipment; solar heating/cooling systems or components; and any recall notices or warnings on any structural component, system, subsystem, system component, or appliance.

VII.  STANDARDS OF PRACTICE

COMPANY and its inspectors conduct their inspections and prepare their Inspection Reports in accordance with the Standards of Practice of the National Association of Certified Home Inspectors, (“NACHI”) and adopt its Code of Ethics.

VIII.    UNCONDITIONAL RELEASE AND LIMITATION LIABILITY.

 It is understood and agreed that the Company is not an insurer and that the inspection and report are not intended or to be construed as a guarantee or warranty of the adequacy, performance or condition of any structural, item or system at the property address.  The Customer hereby releases and exempts the Company and its agents and employees of any from all liability and responsibility for the cost or repairing or replacing any unreported defect or deficiency and for any consequential damage, property damage or personal injury of any nature.

In the event that the Company and/or its agents or employees are found liable due to breach of contract, breach of warranty, negligent misrepresentation, negligent hiring or any other theory of liability, then the liability of the Company and its agents and employees shall be limited to a sum equal to the amount of the fee paid by the Customer for the inspection and report.  This provision shall not affect claims for gross negligence or recklessness against Company.

If requested by Customer, the Company may assume a greater liability, but only for an additional charge to be agreed upon by the parties.  If the parties so agree, a written attachment will be attached to this agreement. 

IX.   ARBITRATION AND LITIGATION OF DISPUTES

SMALL CLAIMS ARBITRATION AGREEMENT.  Any controversy or claim in an amount of not more than Two Thousand Five Hundred Dollars ($2,500.00) arising out of or relating to the Home Inspection Agreement, the inspections performed hereunder or the inspection report shall be submitted to FINAL AND BINDING ARBITRATION under the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitration panel may be entered in any court having jurisdiction hereof.  If Customer submits or files any lawsuit, claim or controversy with any court or forum other than American Arbitration Association, Customer agrees to pay all reasonable attorney fees and costs incurred by the Company in the defense of the lawsuit, claim or controversy.  Notwithstanding the Rules and Procedures of the AAA, the Customer shall be solely responsible for paying all administrative fees for initiating arbitration with AAA, including that portion, if any, that would otherwise be payable by the Company in accordance with the Rules and Procedures of the AAA.

CLAIMS IN EXCESS of Two Thousand Five Hundred Dollars ($2,500.00) shall be subject to the exclusive jurisdiction and venue of the Courts of Common Pleas of ___                            County, Pennsylvania, where Company’s principal place of business is located.

OTHER SERVICES.  As a service to Customer, Company may arrange for and provide ordering and billing services for other providers of services not affiliated with Company.  By arranging for and providing, ordering and billing for and any such services, Company does not warrant or assume responsibility for the work of such provider(s) or for such provider’s contract with Customer, which matters shall remain strictly between Customer and such provider(s).  Such agreements are not subcontracts and shall not affect or modify direct contracts between customer and provider(s).

XI.    GENERAL PROVISIONS

SEVERABILITY.  The covenants, provisions, and sections of this Agreement are severable, and in the event that any portion of this Agreement is held to be unlawful or unenforceable, the same will not affect any other portion of this Agreement, and

the remaining terms and conditions or portions thereof will remain in full force and effect. This agreement will be construed in such case as if such unlawful or unenforceable portion had never been contained in this Agreement.

GOVERNING  LAW.  This Agreement will be governed by and construed in accordance with internal laws of  the Commonwealth of Pennsylvania without giving effect to the conflict of laws principles thereof. 

NO ORAL MODIFICATIONS.   No alterations,  amendments, changes or additions to this Agreement will be binding upon either Party unless reduced to writing and signed by both Parties.

I HAVE READ AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS FOUND IN THE AGREEMENT.

I UNDERSTAND THAT I HAVE THE RIGHT TO HAVE AN ATTORNEY OF MY CHOICE REVIEW THIS HOME INSPECTION AGREEMENT BEFORE I SIGN IT.  I UNDERSTAND THAT IF I DO NOT AGREE WITH ANY OF THE TERMS, CONDITIONS, LIMITATIONS, AND EXCLUSIONS OF THIS AGREEMENT, I DO NOT HAVE TO SIGN IT.  I MAY NEGOTIATE WITH THE COMPANY OR HIRE ANOTHER COMPANY TO PERFORM THE INSPECTION.

____________________________                     _______________________________

Company Representative    Date                            Customer(s)               Date

                                                                                    _______________________________

                                                                                    Customer(s)               Date