Limitations
8. Limitations & Exclusions
The Client expressly acknowledges and agrees that the following matters are not included in the scope of the inspection and the inspection report and further acknowledges that the Inspection Company makes no representations or warranties and offers no opinion as to:1. The presence or absence of latent, concealed or hidden defects not discoverable by a non-intrusive, non-invasive, visual inspection.2. An examination that is limited to inspect one or more of the following: wood destroying insects, underground tanks and wells, private sewage, swimming pools, hot tubs, spas or saunas, burglar, fire or other alarm systems, fire suppression systems, irrigation systems, air and water quality, mold, tennis courts, playground equipment or any other recreational or athletic equipment apparatus or facilities, pollutants, toxic chemicals or any environmental hazards.3. The inspection of any system, component or part of the property that requires moving of personal property, dismantling, or other destructive measures to gain access to a system, component or part of the dwelling.4. Property’s compliance with municipal, county, state or federal statute codes, rules, ordinance rules, or regulations including without limitation building, zoning, or property maintenance codes.5. The presence or absence of any hazardous condition or material which would constitute a Material Defect or would other pose a health or safety hazard to humans, including, without limitation, asbestos, radon, formaldehyde, lead or lead based paint, mold, water and air quality or electromagnetic radiation. Specialists may be arranged on your behalf for this type testing.6. On site private water systems such as underground wells or springs, as well as the evaluation of private sewage and their respective components.7. Whether visible or not, the following items are outside the scope of the inspection: adequacy or efficiency of an item, detached buildings, elevators, engineering analysis, freestanding appliances, geological stability, heating equipment heat exchangers, prediction of life expectancy of any item, radio controlled devices, solar heating systems, thermostatic or time controls, underground piping and water treatment systems.8. Any item or component specifically excluded from the scope of the home inspection by or noted on the home inspection report.9. Any item or component excluded from the scope of the home inspection by the Standards of Practice of a Pennsylvania State compliant Home Inspection Association.
9. Damages. If the Inspection Company or any of its employees, agents, providers, officers or shareholders are found to be liable by a court of competent jurisdiction for any claim or damage due to the alleged negligence or willful misconduct of the Inspection Company performing the home inspection or in reporting on the condition of the property in the inspection report, the maximum damage that the Client can recover from the Inspection Company shall not exceed three times the home inspection fee paid by the client. The Inspection Company shall not be liable to the Client for any loss of use of the property, repair or replacement cost, consequential or punitive damages or for attorneys fees or court costs. The Inspection Company shall not be liable to the Client for any claims, loss or damage if the Client alters, tampers with or repairs or replaces the condition which is the subject matter of the Client’s claim before the Inspection Company has had an opportunity to inspect the alleged defective condition.
10. Notification.
The Client must commence any action for damages arising out of or related to this Agreement or the Inspection Report according to the provisions set forth by Section 7512 of the Home Inspection Law (68 P.S. §§ 7501-7512) within one year of delivery of the Home Inspection Report to the client or the named representative.
11. Arbitration.
Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to, this contract or arising out of, from or related to the inspection or Inspection Report shall be submitted to final and binding arbitration under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. (214) 638-2700 ext. 509. The decision of the Arbitrator appointed there under shall be final and binding and judgment on the Award may be entered in any Court of Competent jurisdiction. At least one arbitrator must be familiar with the home inspection profession.
12. Severability. If a court of competent jurisdiction determines that any section, provision or part of this Agreement is void, voidable, unenforceable or contrary to the laws or the Constitution of the Commonwealth of Pennsylvania, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement and the exhibits attached hereto contain all the terms and provisions between the Inspection Company and Client relating to the Home Inspection and Inspection Report. A term or provision not incorporated or stated in this Agreement shall be of no force and effect.
The terms and provisions of this Agreement are binding upon and shall benefit the Client and the Inspection Company and their respective heirs, personal representatives, successors and assigns.
I have read and agree to the terms, conditions, limitations and exclusions found in both pages of this document. I agree to the terms of limitation of liability and the provisions of the Pennsylvania Home Inspection Law. I understand that if I do not agree to the terms and conditions set forth that I have the right to cancel the inspection at this time and I have the right to hire another inspection company.
| Inspector’s Signature/Date Membership & Number | Client / Named Representative Signature Date |
| _________________________________________ | ______________________________________ |
© 2004 Pennsylvania Home Inspectors Coalition (PHIC)
