Randy Wilcox Inspections, LLC. Inspection Agreement
Please complete and mail or FAX to 706-781-2008.
THIS AGREEMENT is made and entered into by and between Randy Wilcox Inspections,
referred to as “INSPECTOR”, and, referred to as “CLIENT”.
THIS AGREEMENT is made this day_______________________________2006.
In consideration of the promise and terms of this Agreement, the parties agree as follows:
1. The CLIENT will pay the sum of $__________for the inspection of the “Property”, located
at________________________________________________________________________
_________________________________________________________________________.
2. The INSPECTOR will perform a visual inspection and provide 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.
The report is only supplementary to the Seller’s disclosure.
3. Systems, items, and conditions which are not within the scope of the inspection include but are not
limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, 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. INSPECTOR may offer comments as a courtesy, but these comments
will not comprise the bargained-for report.
4. In the case of a seller’s inspection, the CLIENT is required to inform the INSPECTOR of any and all
past and current known defects and/or past inspections performed, whether by a home inspector, pest
control company, structural engineer or other entity. The CLIENT is further required to inform the
INSPECTOR of the history of all known structural problems, regardless of repair and/or natural or man
made disasters occurring within the home (fire, flood, roof leaks, pipe bursts, etc.). Failure to disclose
such information will indemnify and hold harmless the INSPECTOR from any further claims.
5. INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of
the National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm
CLIENT understands that the inspection will be performed in accordance to the aforementioned
Standards (the Standards) which contain certain limitations, exceptions, and exclusions.
6. 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 reported and unreported defects
or deficiencies either current or arising in the future or any property damage, consequential damage
or bodily injury of any nature. The CLIENT further agrees that the INSPECTOR is limited in its total
liability up to the value paid by the CLIENT to the INSPECTOR for the inspection. It is further
understood and agreed that the INSPECTOR, its agents and/or employees, assume no liability and
shall not be responsible for any mistakes, omissions, or errors in judgment beyond the cost of the
inspection. This limitation of liability shall include and apply to all consequential damage, bodily injury,
or property damage of any nature.
7. 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,
EXPRESSED OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR
ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
8. 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 the 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.
9. All fees are due prior to the delivery of inspection report, whether by hard copy or electronic
transmission unless other arrangements have been made in writing. In most cases, the report shall be
delivered within 48 hours of the inspection. In the event alternate payment arrangements are made
and the CLIENT fails to comply with the payment arrangement, then a late fee of $35 per month
(month = 30 days) will be assessed following CLIENT’s default in payment. CLIENT agrees to pay all
attorneys’ fees, and costs incurred to collect any past due payments and late fees.
10. The Inspection will not include an appraisal of the value of the property or a survey of the premises.
The written report is not a compliance inspection or certification for past or present governmental codes
or regulations of any kind.
11. 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 and the INSPECTOR shall be granted a reasonable time to re-inspect the system or
component. The CLIENT further agrees that the INSPECTOR is liable only for actual damages arising
out of the following combined circumstances: INSPECTOR had a duty to discover the defect and failed
to report the item resulting in additional damages to the system or component which could have been
prevented had the item been properly reported; and the CLIENT was unaware of the defective condition;
and the INSPECTOR completely failed to follow the Standards; and the defective condition existed at the
time of the inspection and was not otherwise concealed.
12. Any notices required to be served shall be served upon 2345 Dakota Lane Blairsville, GA 30512.
If any provision of this Agreement is declared invalid or unenforceable by any court, the remaining
provisions will remain in effect. This Agreement shall be construed and enforced in accordance with the
laws of the State of Georgia. In the event of a dispute over the terms and conditions of this Agreement,
CLIENT and INSPECTOR agree to settle the dispute through binding arbitration in accordance with the
terms of the American Association of Arbitration.
13. This agreement represents the entire agreement between the parties. No change or modification
shall be enforceable against any party unless such change or modification is in writing and signed by
the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs,
executors, administrators, successors and assigns. CLIENT shall have no cause of action against
INSPECTOR after one year from the date of the inspection.
14. If CLIENT hires this INSPECTOR for a re-inspection of the property after repairs have been performed,
the inspection shall be performed at one half (1/2) of the cost of the original inspection and in accordance with
the original inspection agreement except for the additional changes;
a) The re-inspection shall consist of (1) trip to the property.
b) The CLIENT or his designated realtor must provide a written list of items that were to be repaired and
reinspected.
c) The report can be a text only report without photographs.
DEFINITIONS OF REPORT GRADING SYSTEM & COMMENTS
Inspected: Carrying out the design purpose or intended operation of an item, part, system, or
component.
Repair or replace: Not performing its intended function, needs repair, shows evidence of prior damage,
or safety hazard.
Not inspected: That item, part, system or member was not inspected.
Not present: The structure was not equipped with the item, part, system or member.
CLIENT acknowledges that he/she has read this Agreement in full, prior to signing same, and understands
and agrees to all terms and conditions herein. Payment is due before or at commencement of the on-site
inspection.
The CLIENT will pay all legal and time expenses incurred in collecting due payments.
Client Signature:_______________________________________ Date:_________________________
Client agrees to release reports to his or her Realtor® ____yes ____no others:_________________
Inspector Signature:____________________________________ Date:_________________________
Client contact information: Please Print
Name_________________________________________
Phone Number_______________________________________________________
Email Address_______________________________________________________
Mailing Address______________________________________________________
______________________________________________________
_______________________________________________________