1. The Inspector will perform a limited visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the property at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection. All defects in the home will not be found. As part of the home inspection, the inspector will inspect and report on those areas listed in the attached inspection report unless that area has been marked for exclusion from our services as noted in this agreement or the inspection report. All defects in the home will not be found.
2. The parties agree that this home inspection shall be performed following the standards of practice of The State of Mississippi Home Inspectors License Board and ASHI, American Society of Home Inspectors. These Standards shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein.
3. The parties understand and agree that the Inspector and its employees and its agents assume no liability or responsibility for the cost 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 as so defined by laws of the State of Mississippi.
4. The parties agree and understand that 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.
5. This agreement represents the entire agreement between the parties, and there are no other agreements, either written or oral. This agreement shall be amended only by a written agreement signed by both parties. This agreement shall be construed and enforced under the laws of the State of Mississippi.
6. EXCLUSIONS: 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, molds, fungi, other environmental hazards; pest, animal and rodent infestation; security and fire protection systems; 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 or heat exchangers; solar heating systems; sprinkling systems; water softeners and filters; central vacuum systems, telephone, intercom or cable TV systems; antennae, lightning arrestors, trees or plants; governing codes, ordinances, statutes and covenants; manufacturer's specifications, manufacturer's updates, or manufacturer's product recalls. It is further agreed and understood that this inspection specifically excludes Adhered Manufactured Stone Veneer and EIFS (Exterior Insulation and Finish Systems) systems or clad houses. The client understands that the above-mentioned systems, items, and conditions are exempted from this inspection and that any general comments about the systems, items, and conditions of the written report are informal only and do not represent an inspection of the systems and conditions.
7. The inspection and report are performed and prepared for the Client's sole and exclusive use and possession. No other person or entity may rely on the report issued pursuant to this agreement. If any person, not a party to the agreement, makes any claim against the nspector, its employees, or agents arising out of the services performed by the inspector under this agreement, the client agrees to indemnify, defend and hold harmless the inspector from any and all damages, expenses, cost, and attorney fees arising from such a claim.
8. 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.
9. In the event of a claim by the client that an installed system or component of the premises that the Inspector inspected was not in the condition reported by the Inspector, the Client agrees to notify the Inspector at least 72 hours before 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 included in the report or the Mississippi Real Estate law, home inspector division.
10. ARBITRATION: Should the Client(s) believe that the Inspector be liable for any issues arising out of this inspection, then the Client(s) shall communicate said issues in writing to SafeHome Inspections, 120 North Perkins Street, Ridgeland, MS 39157 within ten (10) days of the date of inspection. If the issues cannot be resolved between the parties, both parties agree to submit the dispute to binding arbitration following the rules of the American Arbitration Association. Arbitration is to be conducted by an Arbitrator who is a full-time building inspector with a minimum of six (6) years of experience as a building inspector. The inspection will be judged per the Mississippi Home Inspector Licensure Board Standards of Practice and Code of Ethics. The client has read all portions of the Agreement and accepts and understands this Agreement as hereby acknowledged. This agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors, and assigns. The client acknowledges receipt of the standards of practice which applies.
11. The client has read and understands The Scope and Purpose of Your Home Inspection document published on the inspector's website at this page kept current and available on the inspector's website: https://garynsmith.net/the-scope-and-purpose-of-your-home-inspection/
Gary Smith - a Mississippi Licensed home inspector in good standing with the State of Mississippi. License # 0269NH
I certify that I do not have any interest in this property at present or in the future. I have no involvement with tradesmen, sales agents, real estate professionals, or appraisers. All statements and information in the accompanying inspection report are true and correct to the best of my knowledge and belief.