Inspection Agreement: Chinese Drywall

CHINESE DRYWALL INSPECTION AGREEMENT

Please Read Carefully

This limited Chinese Drywall Inspection Agreement (the “Agreement”) is made effective on the date stated on this agreement by and between Allstate Home Inspections, Inc. (hereinafter “Inspector”, “we”, “us” and “our”) and the client named in this agreement (hereinafter “Client”, “You” or “Your”). We are independently owned and operated company engaging in the business of providing visual inspection to determine if there is visible evidence or lack of evidence suggesting the presence of Chinese drywall. Inspector agrees to perform a BASIC VISUAL INSPECTION documenting areas that are most often affected by the presence of Chinese drywall.

Purpose

Allstate Home Inspections will perform a visual inspection of your home or building for issues and evidence of the affects related to the presence of defective Chinese drywall.

Scope of the Limited Chinese Drywall Inspection

The results of the Limited Chinese Drywall Inspection is not a guarantee that Chinese drywall does not exist in the Subject Property; the results are indicative only of the presence or absence of Chinese drywall in the areas visually inspected at the time the inspection is performed. The inspector is a generalist and is not a Certified Industrial Hygienist or expert in any specific craft or trade relevant to Chinese drywall analysis, assessment or remediation. If the items inspected in the report show evidence that Chinese drywall is present, and recommend further action, including but not limited to counseling with a specialized expert(s), you must do so at your own expense or otherwise assume all risk associated with failure to do so. This inspection is not technically exhaustive and does not include Chinese drywall analysis, assessment or remediation. The fee charged for this inspection is substantially less than that of a technically exhaustive Chinese Drywall Inspection.

Scope of work

Visual inspection of drywall manufacturer’s markings in accessible areas of attic and or accessible wall cavities, visual inspection of air conditioners condensers copper lines and copper coils at air handler unit, visual inspections of exposed copper wiring at electrical outlets or light switches and breaker box, and visual inspection of copper plumbing fixtures, pipes and valves.

Scope of Visual Inspection/Exclusions

The scope of this visual Chinese Drywall Inspection Agreement IS LIMITED TO READILY ACCESSIBLE AREAS. We do not remove floor and wall coverings or move furniture, open walls or perform any type of destructive inspection. Certain structural areas are considered inaccessible and impractical to inspect, including but not limited to: the interiors of walls and inaccessible areas below; areas beneath wood floors over concrete; areas concealed by floor coverings; and area to which there is no access without defacing or leaving out lumber, masonry, roofing or finished workmanship; structures; portions of the attic concealed or made inaccessible by insulation, belongings, equipment or ducting; portions of the attic or roof cavity concealed due to inadequate crawl space; areas of attic or crawl space made inaccessible due to extreme temperatures, truss design, construction; interiors of enclosed boxed eaves; portions of the interior made inaccessible due to furnishings; areas where locks prevented access; areas concealed by appliances; areas concealed by stored materials; and areas concealed by vegetation. Note: There is no economically practical method to make these areas accessible. NO OPINION IS RENDERED CONCERNING THE CONDITIONS IN THE AFOREMENTED OR OTHER INACCESSIBLE AREAS.

Limitation on Liability

In the event of legal action, the client(s) agree(s) that any liability of the inspector and Allstate Home Inspections, Inc. is limited to a refund of the fee paid for the Chinese Drywall Inspection.

Limitations Period

Any legal action arising from this Agreement or from the Inspection and Report, including but not limited to the arbitration proceeding more specifically described above, must be commenced within one (1) year from the date of the inspection. Failure to bring such action within this time period shall be a complete bar to any such action and a full and complete waiver of any rights or claims based thereon. This time limitation period may be shorter than provided by state law. This inspection, inspection agreement and report do not constitute a warranty, an insurance policy, or and guarantee of any kind; nor do they substitute for any disclosure statements as may be required by law.

Confidentiality

You understand that the Chinese Drywall Inspection is being performed and report prepared for your sole, confidential and exclusive benefit and use. The Report, or any portion thereof, is not intended to benefit any person not a party to this Agreement, including but not limited to the seller or real estate agent(s) involved in the real estate transaction or any other individual or entity deemed to be a third party. If you directly or indirectly allow or cause the report or any portion thereof to be disclosed or distributed to any third party, you agree to indemnify, defend, and hold us harmless for any claims or actions based on the Inspection, Samples, or the Report brought by the third party.

Exception of confidentiality

You acknowledge and agree that the Inspector may notify the homeowner or occupants of the Subject Property (if other than you), as well as any appropriate public agency of any conditions discovered that may pose a safety or health concern.

Privacy Policy:

In providing the property inspection and inspection report, information about the client, inspector, real estate professional, and property will be collected and input into HomeGauge inspection software and services, which inspector uses to produce the inspection report. This information may include personally-identifiable information about the client, inspector and real estate professional. This information may subsequently be used by the provider of HomeGauge, as set out in the HomeGauge Privacy Policy found at https://www.HomeGauge.com/privacy.html. Inspectors may choose to use this information to market new or related products and services to clients.

Scope of report

Email an electronic report to the client with the overview of items inspected and areas inspected including photographs documenting the inspection. This is a visual non-destructive inspection making it impossible to determine that your home or building is completely free of defective Chinese drywall or to determine exactly how much defective Chinese drywall is present.

Payments must be made prior to or at the time of inspection. We accept credit cards (at web site), check or cash.

Please fill in your name, address of property to be inspected, date, email address and phone number to verify that you have read and accept this agreement then click “Submit This Signed Agreement” to e-mail Allstate Home Inspections the acceptance notification so that the Chinese drywall inspection can take place. We appreciate your business.

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After reading this agreement carefully, I, the client, authorize and request Allstate Home Inspections, Inc. to conduct the services outline above. I further understand that ALL fees are due at the time of testing.

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