Limits of Liability
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This is a legal and binding contract between C & E General Contractors and Client. Payment for these services, and or, subsequent use of the inspection report, to any degree, constitutes agreement with, and acceptance of, all conditions, by the Client.
WITHIN THE SCOPE OF THIS INSPECTION/REPORT
The scope of the inspection is as follows: This is a limited, visual inspection to determine the current, general condition of the systems and components of the home, and to identify/report those which are suffering readily observable deficiencies, or are in need of repair or further evaluation by licensed contractors or appropriate professionals. The inspection will be performed at a minimum, in compliance with the standards of practice of the American Society of Home Inspectors (ASHI), a copy of which is available upon request, or at www.ASHI.org.
1. The inspector is not represented as a specialist, but rather is acting as a generalist in all fields. As such, if the client desires more information on any issue identified in the report, the client should contact a specialized or licensed contractor in that field.
2. Any recommendations of the inspector, which are acted upon by the client, are done so at the expense of the client. The inspector is not responsible for the costs of repair or correction of any item.
3. The presented report is a compilation of conditions discovered and readily observable at the time of inspection only.
4. Any expressed estimates regarding life expectancy, capacity, maintenance requirements, or adequacy of components are of general opinion in nature, based on knowledge of similar components, of similar condition, and occasional variances between the estimates and actual experience, can be expected.
OUTSIDE THE SCOPE OF THIS INSPECTION/REPORT
1. There is no implication that this inspection is intended to be technically exhaustive, or that the subsequent report indicates that every aspect of every component was inspected, or that every conceivable deficiency was discovered.
2. This inspection report, or any part thereof, should not be construed as a confirmation, or denial, of any component's compliance with any governmental, non-governmental, or industry codes or regulations.
3. This inspection report is not intended, nor presented, as a warranty or guarantee of the present or future adequacy or performance of the structure, its components, or systems, or the maintenance requirements for any item. This report shall not be relied upon as an expression or implication of merchantability or fitness of use, regarding the condition of the property.
4. Any systems, components, or conditions which are covered, concealed, camouflaged, or by the sheer nature of their location are not readily accessible, or observable are excluded from consideration in this inspection and report. No invasive or destructive techniques are utilized, such as (but not limited to):
a) Disassembly e) moving of furnishings
b) dismantling of components f) appliances
c) invasion or opening of walls g) stored items
d) ceilings/etc. h) excavation of any kind
5. Client agrees to assume all risk for any conditions which are concealed in any way or not observable or observed at the time of inspection.
THE FOLLOWING ARE OUTSIDE THE SCOPE OF THIS INSPECTION, CONCEALED OR NOT:
1. Engineering analysis of structural stability
2. Stucco finishes, coatings, or cladding of any surfaces (see details below)
3. Condition of detached buildings (unless otherwise specified)
4. Pools or spas
5. Adequacy or efficiency of any system or component
6. Prediction of life expectancy of any item
7. Private water/private sewage systems
8. Underground piping systems
9. Air/water quality, mold, asbestos, radon, formaldehyde, lead, electromagnetic radiation, or any environmental hazard.
10. Security systems, or personal property
11. Termites, pests, or other wood destroying organisms
12. Furnace heat exchangers
13. Recreational facilities
14. Water softener/purifier systems
15. Radio-controlled devices, automatic gates, elevators, lifts, thermostatic or time clock controls
16. Geological stability or soil conditions
17. Building codes/zoning ordinance violations
All parties involved with this transaction, understands and agrees, that “C & E GENERAL CONTRACTORS", it's officers', agents', or employees' LIMITATION of LIABILITY for errors or omissions, with regards to the Inspection and Report, is limited, as a maximum, to the full refund of all fees paid for the inspection and report. Client waives any claim for any additional actual, consequential or incidental damages.
An inspection and report without this LIMITATION of LIABILITY, which could include the review by any or all specialists such as but not limited to: Roof, Heating & Air Conditioning, Plumbing, Electrical, Foundation, Fireplace, Pool, Structural Engineer, etc., is available. If this type inspection is desired, Client must contact “C & E GENERAL CONTRACTORS" for details. The cost of any such inspection will be greatly higher than that of a standard inspection.
Condominiums and Townhouses typically are not inspected for deficiencies such as structural, exterior, grounds, roof (or items on the roof) unless otherwise specified and included in the report.
Stucco: Our policy is to recommend a thorough inspection of all types of stucco clad surfaces by a certified Stucco Inspection contractor, which we are not. As a courtesy to our clients, without assuming any liability, and upon their request, we will report our findings from a "visual only" inspection. Our findings are not to be taken as a substitute for a valid stucco inspection.
“C & E GENERAL CONTRACTORS" does not perform mold testing / assessments / evaluations. We present no opinion of, and exclude from our inspections, reports and responsibility, any and all issues of microbiological health risks of any kind or form, including but not limited to, mold, fungus, and mildew.
Providing a meaningful assessment of indoor air quality with regards to potential health risks requires an extended survey period of time with sophisticated instrumentation that typically a home inspector, even when utilizing the services of an independent lab for analysis of air samples or spores collected, cannot (and we do not) provide.
“C & E GENERAL CONTRACTORS" certify that we as a company, and our inspectors as individuals, have no interest or connection, financially or otherwise, present or contemplated, with any transactions concerning this property, nor any professionals or trades-people that may be involved.
Any disagreement or dispute arising from this inspection or report, unless a mutual settlement agreement is reached by all parties, shall be decided by the following procedures. First, either party will send written notice of the dispute to the other party specifying the nature of the dispute. Second, the parties will meet, in person, in a good faith attempt to resolve such dispute. If the parties are unable to resolve such dispute by such meeting, then they shall mediate the dispute before a mediator agreed to by the parties. Should the parties be unable to agree to a mediator, a mediator may be appointed by any circuit court judge upon request of either party. Such mediator shall be certified by the Florida Supreme Court and the mediation shall proceed under the statutes and rules governing mediation in Florida. Should the parties be unable to resolve the dispute through mediation, then the matter shall be submitted for decision through litigation to a judge of the circuit or county court of the county in which the property is located. EACH PARTY HEREBY WAIVES THEIR RIGHT TO HAVE ANY MATTER OR DISPUTE ARISING OUT OF OR RELATING TO THIS CONTRACT TRIED TO A JURY. RATHER, THE PARTIES AGREE THAT ALL SUCH DISPUTES SHALL BE TRIED ONLY TO THE COURT IN A NON-JURY FINAL HEARING.
Client agrees to allow C & E GENERAL CONTRACTORS or its agents to review the conditions of any claim, item, or matter in dispute prior to disturbing the conditions and before any repairs or alterations are made to anything which may be viewed as evidence relating to the complaint, otherwise the right to make said claim is waived.
Payment: Client accepts full responsibility for all fees due, as compensation to C & E GENERAL CONTRACTORS, for services rendered and also any other expenses that may arise, should a collection process become necessary. This responsibility remains valid under any circumstances and whether or not the sales transaction is completed through closing.