Kelting Home Inspections Inspection Agreement & Guarantee
1. The client understands and agrees that this agreement is a part of the Inspection report and acceptance of or payment for the inspection report by the client will confirm this agreement, even is the client was not present at the time the inspection was performed and/or has not signed this agreement. The written inspection report will not be released until agreement is signed.
2. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written report identifying the defects that the INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the sellerâ€™s disclosure. The purpose of a home inspection is to give you the information needed to make an informed decision about the purchase. The inspection is an visual examination of the exterior and interior components of the property following the guidelines of InterNACHI. Your inspector may write out inaccessible areas. Crawl spaces, attics, and/or other areas may be deemed inaccessible if the opening to the area is not large enough to provide physical access for the inspector or if a ladder was required for access. Attics will require room for the inspector to move around freely. Temperature of the attic and possibility of damaged not limited to insulation, plumbing, duct work etc. Crawl spaces (or portions thereof) may also be deemed inaccessible if there is less than 24 inches of clearance from the bottom of the floor joists to the surface below. If the attic and or crawl space is not inspected comments will be made in the inspection report. If any area which has been reported as inaccessible is made accessible, Kelting inspections may be contacted for another inspection. An additional fee may apply.
2.(A) INSPECTOR agrees to perform a visual inspection of the home/building and CLIENT understands that TERMS in the report such as “One or more” or “Throughout” will be used and does not limit the report to what the pictures show. There could be multiple areas of concern but the photos may only show one.
2.(B) If you request a re-inspection, the re-inspection is subject to the terms of this Agreement and the original cost of the inspection.
3. ENVIRONMENT AL CONDIT IONS: Client agrees what is being contracted for is a building inspection and not an environmental
evaluation. The inspection is not intended to detect, identify, or disclose any health or environmental conditions regarding this building or property, including, but not limited to: the presence of asbestos, radon, lead, urea-formaldehyde, fungi, molds, mildew, PCBs, or other toxic, reactive, combustible, or corrosive contaminants, materials, or substances in the water, air, soil, or building materials. The Inspector is not liable for injury, health risks, or damage caused or contributed to by these conditions. Unless otherwise inconsistent with this agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at http://www.nachi.org/sop.htm
(http://www.nachi.org/sop.htm). Although INSPECTOR agrees to follow InterNACHI Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that InterNACHI is not a party to this Agreement and has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR. Unless otherwise indicated below, CLIENT understands that INSPECT OR will NOT be testing for the presence of radon – a colorless, odorless,
radioactive gas that may be harmful to humans. Unless otherwise indicated in a different agreement, CLIENT understands that INSPECT OR will NOT be testing for mold. Unless otherwise indicated in a different agreement, CLIENT understands that INSPECT OR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations.
3.(A) T ERMIT ES (WDO) A visual inspection will be done for any evidence of WDO / termites. Termites tend to conceal and sometimes are not able to be seen until the damage is present. Kelting Inspections will not be held responsible for any damages financially or otherwise from any WDO /termite, pest infestation, past present or future. Kelting Home Inspections are not pest control specialist and are not require to report on pests. CLIENT understands Kelting inspection may set up an inspection request on your behalf to obtain a WDO inspection by a 3rd party and is in no way affiliated with Kelting inspection. Obstructions and inaccessible areas: No inspection will be made in areas which required the breaking apart or into, dismantling, removal of any object, including but not limited to: moldings, floor coverings, wall coverings, siding, fixed ceilings, insulation, furniture, appliances, and/or personal possessions; nor were areas inspected which were obstructed or inaccessible for physical access on the date of
inspection. Your inspector may write out inaccessible areas. Crawl spaces, attics, and/or other areas may be deemed inaccessible if the opening to the area is not large enough to provide physical access for the inspector or if a ladder was required for access. Crawl spaces (or portions thereof) may also be deemed inaccessible if there is less than 24 inches of clearance from the bottom of the floor joists to the surface below. If any area which has been reported as inaccessible is made accessible, the inspection company may be contacted for another inspection. An additional fee may apply.
4. The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECT OR’S inspection of the property and the report are in no way a warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects. Home Gauge and ISN are 3rd party’s in the home inspection report and scheduling process that is utilized by your home inspector to record and store your information. Your information will be kept private unless your home inspector has offered you other programs as a benefit to you.
5. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents and/or employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such
damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.
6. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is, therefore, qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing.
7. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) written notification, by certified mail, of adverse conditions within 7 days of discovery; and (2) access to the premises within 7 days. Failure to comply with the above
conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind. Any action must be commenced within 30 days after the date of the inspection, by client, or shall be deemed waived and forever barred.
8. Any matter concerning the interpretation of this agreement, of the inspection report, or any claim based upon either of them shall be subject to mediation between the parties.
9. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR’s relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury.
10. If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it 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
assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
11. The written inspection report will not be released until payment is received. The written inspection report will not be released until agreement is signed. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
12. Condominium/Townhouse Purchases: Common areas that are covered by an Association Monthly Fee are the responsibility of the
association. The INSPECTOR has no knowledge of previous problems or future assessments pending for the buildings common areas. The CLIENT is advised to obtain the Minutes from the Association’s Meeting for the past year to learn of the past problems which could affect the unit under consideration or future assessments for the building. Common areas of the buildings are not a required inspection area because the INSPECTOR does not have full access to all common areas to make an in-depth visual inspection, therefore these areas are not included in this inspection.
14. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.
15. An inspection Guarantee that we have followed the Standards of Practice (SOP) is provided for every full home inspection. A copy of the Guarantee is listed in detail at the end of this agreement.
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT , AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
Kelting Inspections Guarantee
We provide each of our clients with more than just an inspection. We provide a free guarantee package with each home inspections. This package includes:
90 day limited Mechanical & Structural Guarantee the comes with each full-service home inspection. This Guarantee is valid for 90 days from the day of your inspection or 22 days after the closing of your home, whichever comes later. This repair covers the repair of certain items that were found to be in good working order at the time of the inspection.
Mold Free Guarantee is offered for 90 days from the day of your inspections or 22 days after the closing of your home, whichever comes later.
Sewer & Water line Guarantee is offered against line breaks or water leaks underground. This is for 90 days from the day of your inspections or 22 days after the closing of your home, whichever comes later.
Roof leak Guarantee is offered against roof leaks. This is for 90 days from the day of your inspections or 22 days after the closing of your home, whichever comes later.
How it all works:
Our inspectors will complete your home inspection following the guidelines set for my scope of practices, https://www.nachi.org/sop.htm (https://www.nachi.org/sop.htm). If after the inspection a deficiency if found that was not reported in the original home inspection report, then Kelting Inspections will process a claim, up to the cost of the home inspection with a maximum of $1,000. Whichever is less.
Kelting Inspections Guarantee cover deficiencies in the inspection that you discover within 90 days after the inspection. It does NOT cover any item, system or component that fails after the inspection. This is an inspection guarantee that is offered and funded by Kelting Inspections. If something fails after the inspection and you purchased a home warranty from a third party, you are
advised to file a claim with your home warranty company. A full explanation of the Kelting Inspection Guarantee is to follow.
Our Guarantee are applicable on residential Single-Family Homes, Condos, Town-homes, Mobile Homes, Manufactured Homes and Multi-family dwellings (4 units or less) are covered. Commercial structures, non-residential structures, out structures and multi-family dwellings over 4 units are excluded from all guarantees.
Only one claim will be accecpted per property.
What the Guarantee covers:
Once the claim has been received, processed and approved, Kelting Inspection will pay approved claims for the claimed deficiencies. The payment will be up to the original home inspection fee, not to exceed $1,000. The home inspection fee does not include axillary items purchased along with the home inspection. These include: Mold test, Insurance Inspections, or Radon tests. Once the coverage limit has been exhausted, no further coverage will remain. T he coverage limit is listed below.
90-day Mechanical / Structural Guarantee: Plumbing – $150, Electrical – $150, Built-in Appliances – $150, HVAC – $250,
Garage Door – $150, Structure – $250 â€“ limitations apply to covered items.
90-day Roof Guarantee: $350 per leak occurrence (covers leak repairs only, not replacement of roof areas; limited to
visible/accessible roof areas only)
90-day Mold Free Guarantee: $400 towards treatment or abatement of visible mold not discovered by the Inspector (Note: this must be visible mold, NOT mold discovered by any sort of deconstruction; wall/ceiling/floor opening, cabinet removal,
baseboard removal, etc. New mold growth is not covered. A Mold Free Guarantee is only honored if you purchased a mold and air quality test at the time of the original home inspection.
90-day Sewer/Water line Guarantee: $400 towards repairs of underground sewer or water line issues (line breaks or water leaks) underground from the front connection point to the structure to the sidewalk or city curb. (Note: this does not cover clogs Kelting Inspections will make one payment per property. You may make more than one claim during the Guarantee period. Payment of the claim will be made according to the covered amount. Receipts and estimates must be provided before service work is completed. Kelting Inspections reserves the right the hire a repair services company of their choice for a comparable estimate and possible repair.
Important note: If the inspector recommends that further evaluation of a system or component is recommend, the claimant must provide verification that these instructions were followed. Further evaluation of by licensed contractor may lead to additional discoveries of deficiencies. These further discoveries are not covered by any guarantee. Failure to follow inspector recommendations that are in the report will result in the claim being denied.
Excluded items include:
Commercial properties; multi-family dwellings that are over 4 units
Any item, system or component that was not readily available or not accessible to be inspected by the inspector; (for example, because the item, system or component needed to be operating in order to be inspected and it was shut down or otherwise
inoperable at the time of the inspection, or because connecting piping, wiring and/or components were not readily accessible
and visible at the time of the inspection);
Any systems, areas, equipment or components of systems where the Inspector marked the area as having limited access or limited visibility of the stated system, equipment or component (example 1: tile roofs, second story roofs, high roof areas, wet roofs may receive a limited to no view at all of these areas and must be further evaluated by a licensed roofer for full disclosure) (example 2: internal areas of HVAC System (including Air Handlers), water heaters, gas thermocouple devices, gas leaks of any kind in any
location, any and all supply valves, etc. are not viewed or tested during the inspection) claims deficiencies in these areas will be denied if there is no proof of further evaluation after the home inspection and prior to release of inspection contingencies.
Any defects or deficiencies found behind the finished wall/ceiling/floor materials that was not readily visible during the inspection. Shower pan leaks, internal wall/ceiling/floor/slab leaks are not covered. Wiring or wire connections concealed within walls, floors, ceilings or otherwise hidden by items such as insulation, etc. are not covered;
Any system or component installed, or method utilized to control or remove suspected hazardous substances; Public or private waste disposal systems; Stoppage of water regardless of the reason;
Any consequential or incidental damages; water damage and drywall replacement are NOT covered in any way, shape or form. This includes new mold growth or the discovery of mold within walls, behind baseboards, etc.;
Any alleged Deficiency that is presented for coverage because it relates to a system or component that is not in compliance with codes, regulations, ordinances and/or manufacturer installation specifications; Simply and clearly stated; The Inspector does not inspect items for building code compliance, municipal codes/requirements and does not verify installation to manufacturer specifications.
Failure of items, systems or components after the inspection is performed;
Any claims that do not meet the deadlines for claims processing described above;
Any additional services such radon tests, mold tests, or any other service provided by the inspector in addition to the home inspection (or any fees for such services).
Anything caused by natural acts or disasters such as (but not limited to): floods, landslides, excessive or abnormal
rain/hail/sleet/snow, excessive or abnormal wind, earthquakes, sinkholes, etc.
Anything related to Asbestos, lead based paint, wood destroying organisms (including, mildew, mold, fungus growth, poria, etc.). Mold growth in ventilated spaces (such as Attics and/or foundation crawlspaces) is not covered.
Damage or issues caused by recalled equipment or materials affected by any class action lawsuit.
Does not cover consequential or secondary damages, which occurred as a result missed inspection item. This includes cosmetic damage.
This agreement is not transferable to any other property outside of the one listed on your home inspection report.
Repairing anything that occurred before the start date of this agreement.
Repairing anything caused by you and/or third parties.
Repairing anything in a home that is being renovated.
Repairing anything required by any other party (city, state, federal, or other party) unless otherwise covered by this agreement. Any and all medical issues related to mold, mildew, or any other organic growth.
Septic Systems are excluded from the Guarantee. Kelting Inspections & Services do not inspect Septic Systems as they are o utside the Standard of Practices that are followed.
Irrigation systems are excluded from the Guarantee. Kelting Inspections & Services do not inspect Irrigation Systems as they are
outside the Standard of Practices that are followed. They may have been inspected only as a courtesy.
Pool and Pool systems are excluded from the Guarantee. Kelting Inspections & Services do not inspect pools or pool Systems as they are outside the Standard of Practices that are followed. They may have been inspected only as a courtesy.
Request a claims form from Kelting Home Inspections. Complete the claim form and return to Kelting Home Inspections.
An itemized repair estimate must be submitted with the claim form claim, including the breakdown of parts & labor, as well as a specific cause for the failure in writing from a licensed or properly certified repairperson. Kelting Inspections may request up to two (2) additional estimates.
Allow 15 days for Kelting Inspection to evaluation the situation and review the claim that was submitted.
Allow Kelting Inspections to personal inspect the item or items listed on the claim within 5 days of received the claim.
A General Release will be provided to the claimant once the claim has been received. The claimant must sign and honor the General Release.