INSPECTION AGREEMENT

CURB2ROOF

Curb 2 Roof Home Inspection, LLC – Angelo Bencivenga, Jr.

NJ License # 24GI00133000 | Radon License # MET13401

224 Hillside Ave, Cranford, NJ 07016

P: (908) 966 – 0693 | F: (908) 325 – 6688 | Angelo@Curb2Roof.com

 

PRE-INSPECTION AGREEMENT

This is a legally binding contract, please read it carefully

 

This Pre-Inspection Agreement (“Contract”) is made and entered into by and between Curb 2 Roof Home Inspection, LLC (“Curb2Roof”) a Home Inspection company located at 224 Hillside Avenue in Cranford, NJ 07016 and the person(s) listed below (“Client”) for the inspection of the following property (“Property”):

 

 

CLIENT: ________________________________________________PHONE: ________________________

 

CLIENT’S CURRENT ADDRESS: ___________________________________________________________

 

PROPERTY TO BE INSPECTED: ___________________________________________________________

 

INSPECTION DATE/TIME: ___________________________________

 

FEE: $_______________________ includes (√ applicable):    

 

☐ Home Inspection (as defined by N.J.A.C. 13:40-15.2) ☐ Wood Destroying Insect Infestation Report

☐ Radon Testing ☐ Re-Inspection ☐ Other: ______________________________________________

 

 

This Inspection Agreement contains the terms and conditions of your Client contract with Curb2Roof for the inspection of the Property at the above address. This Inspection Agreement contains limitations on the scope of the Inspection, liability, and remedies. By signing below, Client represents and warrants:  (a) that Client has secured all approvals necessary for the Company to conduct the inspection; (b) Client has read this Contract carefully; (c) Client understand that Client is bound by all the terms of this Contract; (d) Client will read the entire Inspection Report when received and promptly inquire if any questions arise; (e) Client understand that the Inspection and Inspection Report are performed and prepared for Client’s sole and exclusive use and is not intended to be transferred to, utilized or relied upon by any other person or entity without the prior written permission of Curb2Roof.

 

The Clients further acknowledges that Client has been encouraged to attend and participate in the inspection and recognizes that failure to do so may result in a less complete understanding of the findings. Client further acknowledges that such participation is at the Clients own risk for falls, injuries, property damage, etc. Client warrants that permission has been secured for Curb2Roof to enter and inspect the Property.

 

 

WHEREAS, CURB2ROOF is in the business of residential home inspection in the state of New Jersey; and

 

WHEREAS, the parties desire to establish a pre-inspection contract under which Curb2Roof is engaged by Clients to inspect the real property referenced on Page 1 in accordance with this Contract and N.J.A.C. 13:40-15.2;

 

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby

 

AGREED:

 

  1. Compliance. Client understands and agrees that Curb2Roof will perform a limited visual Inspection as defined by N.J.A.C. 13:40-15.2, and in accordance with the Standards of Practice in the New Jersey Administrative Code N.J.A.C. §13:40-15.16 and shall comply with these standards. Failure to comply with these rules may subject the licensee to discipline. More information can be found at http://www.njconsumeraffairs.gov/hom.

 

  1. Scope of Work. Curb2Roof agrees to provide a limited visual, non-invasive inspection of the systems and components included in the inspection, as they exist at the date and time of the inspection and for which the Client agrees to pay a fee.

  2. A home inspection is a limited visual, functional, non-invasive inspection, conducted for a fee or any other consideration, and performed without moving personal property, furniture, equipment, plants, soil, snow, ice or debris, using the mandatory equipment and including the preparation of a home inspection report of the accessible elements of the following components of a building as described in N.J.A.C. 13.40-15.16(c) but excluding recreational facilities and outbuildings other than garages and carports.

  3. Inspection SHALL INCLUDE the following visually accessible systems and components: Structural Components; Exterior Components; Roofing System; Plumbing System; Electrical System; Heating System; Cooling System; Interior Components; Insulation Components and Ventilation System; and Fireplaces and Solid Fuel Burning Appliances.

  4. The purpose of the home inspection is to identify and report on accessible material defects found in those systems and components.

    1. An accessible material defect is a condition, or functional aspect, of a structural component or system that is readily ascertainable during a home inspection that substantially affects the value, habitability or safety of the dwelling, but does not include decorative, stylistic, cosmetic, or aesthetic aspects of the system, structure or component. It is accessible if it is available for visual inspection without requiring the moving of personal property, dismantling, destructive measures, or any action which will likely involve risk to persons or property. The risk evaluation is subject to the discretion of the Home Inspector.  

  5. Curb2Roof will provide recommendations where material defects were found to repair, replace or monitor a system or component or to obtain examination and analysis by a qualified professional, tradesman, or service, technician without determining the methods, materials or cost of corrections. Curb2Roof will probe structural components where deterioration is suspected unless such probing would damage any finished surface. Curb2Roof DOES NOT offer an opinion as to the advisability or inadvisability of the purchase of the property, its value or its potential use. The Client will receive a written report of the visual observations of the readily accessible features of the property. Conditions beyond the scope of the Inspection will not be identified.

 

  1. Limitations & Exclusions. The inspection is limited by the limitations, exceptions and exclusions as contained in the Standards of Practice, N.J.A.C. 13:40-15.16(b). The inspection includes only those systems and components expressly and specifically identified LATENT AND/OR CONCEALED DEFECTS, CONDITIONS AND/OR DEFICIENCIES ARE EXCLUDED FROM THE INSPECTION.  Any areas which are not exposed to view or concealed and inaccessible because of soil, walls, floors, ceilings, furnishings, etc. or items/systems which have been excluded by the N.J.A.C. 13:40-15.16 and/or by agreement of the parties are not included in this Inspection.

  2. In accordance with N.J.A.C. 13:40-15.16(b), the home inspector is NOT REQUIRED to (1) enter any area or perform any procedure which is in the opinion of the home inspector unsafe and likely to be dangerous to the inspector or other person; (2) enter any area or perform any procedure which will, in the opinion of the home inspector likely damage the property or its systems or components; (3) enter any area which does not have at least 24 inches of unobstructed vertical clearance and at least 30 inches of unobstructed horizontal clearance; (4) identify concealed conditions and latent defects; (5) determine life expectancy of any system or component; (6) determine the cause of any condition or deficiency; (7) determine future conditions that may occur including the failure of systems and components including consequential damage; (8) determine the operating costs of systems or components; (9) determine the suitability of the property for any specialized use; (10) determine compliance with codes, regulations, and/or ordinances; (11) determine market value of the property or its marketability; (12) determine advisability of the purchase of the property; (13) determine the presence of any potentially hazardous plants, animals or diseases or the presence of any suspected hazardous substances or adverse conditions such as mold, fungus, toxins, carcinogens, noise, and contaminants in soil, water and air; (14) determine the effectiveness of any system installed or method utilized to control or remove suspected hazardous substances; (15) operate any system or component which is shut down or otherwise inoperable; (16) operate any system or component which does not respond to normal operating controls; (17) operate shut-off valves; (18) determine whether water supply and waste disposal systems are public or private; (19) insert any tool, probe or testing device inside electrical panels; (20) dismantle any electrical device or control other than to remove the covers of main and sub panels; (2) walk on unfloored sections of attics; and (22) light pilot flames or ignite or extinguish fires. Curb2Roof does NOT move, remove or look behind insulation. Curb2Roof does NOT move, remove or look under carpets.

  3. The following are items, systems and components among those also NOT INCLUDED in the Home Inspection: (1) swimming pools, hot tubs, wells, septic systems, underground or inaccessible oil/fuel and storage tanks, security systems, telephone and cable TV cables, central vacuum systems, water softeners, sprinkler systems, underground pipes, central air conditioning when outside temperature is below 60 degrees Fahrenheit, fire and safety equipment and the presence or absences of rodents, termites and other insects, radiant heat systems, furnace heat exchangers, solar heating systems, gas barbeques, location of boundaries, easements or rights of way, repair cost estimates or building value appraisal. Structural geological, soil wave action or hydrological stability, survey, engineering, analysis or testing; (3) free standing appliances and gas appliances such as fire pits, heaters and lamps. Main gas shut-off valve. Any gas leaks; (4) the presence of potentially harmful substances, geological and environmental hazards including but not limited to mold, fungus, animals and/or feces and urine, carcinogens, noise, diseases, radon gas, lead paint, asbestos, urea formaldehyde, toxic or flammable chemicals, water and airborne hazards; and (5) cosmetic items including but not limited to paint, wall coverings, carpeting, floorings, paneling, and landscaping. Client is urged to contact a reputable specialist if information, identification or testing for the above is desired.

  4. This inspection does NOT include any destructive testing or dismantling of the house or systems. Throughout any inspection, inferences are drawn that cannot be confirmed by direct observation. Clues and symptoms often do not reveal the full extent or severity of the problems. While some of the less importance deficiencies are addressed, and all-inclusive list of minor building flaws is not provided. Client agrees to assume all the risk for all conditions that are concealed from view at the time of the Inspection or exist in any areas excluded from Inspection by the terms of the Contract. While it is rare, some homeowners purposefully conceal damage or defects. This type of concealment is particularly difficult to detect in a visual inspection and therefore is excluded by this Contract and the Inspection Report. Maintenance and other items may be discussed, but they are not part of our Inspection. Curb2Roof examines a representative sample of components that are numerous, such as electrical outlets, bricks, shingles, windows, etc.

  5. It is the Client’s responsibility to make sure that at the time of the Inspection all utilities (gas, electric, water, etc.) are turned on, and that all areas to be inspected are clear and accessible. Curb2Roof will not turn on systems that haven been shut down and assume no reporting responsibility whatsoever regarding such systems. If any attic, crawl space or other area is not completely visible and accessible, the Report will refer only to visible and accessible areas.

  6. The Client understands that due to prevailing weather conditions, and time constraints in performing the home inspection, Curb2Roof cannot warrant that the Property is completely free from any water penetration, whether the water penetration relates to the roof, eaves, exterior wall cladding interior wall cladding, defects in windows installation, landscaping, exterior drainage issues, interior plumbing, or any other system or component at the Property. The Client understands that Curb2Roof will use its best efforts to determine, based solely on visible conditions at he time of the inspection, whether there are ongoing water penetration issues at the Property. The Client should inquire to the Sellers of the Property whether the property has been subject to water penetration at any time, the source and extent of the water penetration, and whether any efforts or corrections were made to correct the problems.

  7. The Client understands that the adequacy of the heat and air conditioning distribution is difficult to determine on a one time visit to the Property and that Curb2Roof cannot warrant that the heating and air conditioning systems present at the time of the inspection adequately distribute heat or air conditioning throughout the Property.

  8. THE INSPECTION IS NOT INTENDED TO BE TECHNICALLY EXHAUSTIVE.  If cost estimates are quoted in the report, the estimates are based upon the inspector’s judgment or a range of prices available in the area.  The estimates are not binding and the ranges may vary.  Individual bids from contractors may vary substantially depending on the quality of the work, the circumstances, and the contractor submitting bids. Client is urged to solicit bids from properly licensed contractors on repairs reported here before closing.

  9. Maintenance and other items may be discussed, but they are not a part of this inspection.  THE REPORT IS NOT A COMPLIANCE INSPECTION OR CERTIFICATION FOR PAST OR PRESENT GOVERNMENTAL CODES OR REGULATIONS OF ANY KIND. Opinions of the inspector are independent of any governmental codes or regulations.  The inspector may disagree with past or present governmental codes or regulations. The inspector’s opinions may be inconsistent with, or may contradict, past or present governmental codes or regulations. The inspector does not have any authority, nor does the inspector purport to have any authority, to interpret any past or present governmental codes or regulations.

  10. Pressure gauges are NOT used to test air conditioners, water lines, or GAS LINES.  Garbage disposers are checked for on and off operation only.  Only the dishwasher’s ability to fill and drain without obvious leaks is checked.  Dishwashers, ranges, ovens, microwave ovens and like appliances, and their timers, controls or elements are not checked.  Self-cleaning ovens are not operated, inspected, or tested.  Remote controls for garage doors or any other appliances or systems are not checked.  Electrical outlets are randomly checked.  A sampling of windows and doors will be operated.

  11. It is the responsibility of the Customer to inquire about burglar/security alarm operation and service procedures to determine whether the alarm is owned or leased from a servicing company.

  12. It is the responsibility of the Customer to furnish the inspector with a list of any defects that are known at the time of the inspection.  All disclosure statements must be given to the inspector immediately.  The Customer is encouraged to attend the inspection.  THIS INSPECTION IS CONSIDERED TO BE A POINT IN TIME INSPECTION.

  13. This inspection may or may not include a test for the presence of radon or other harmful or hazardous, or potentially harmful or hazardous, substances.  The United States Environmental Protection Agency recommends that all homes that are part of a real estate transaction be tested for radon gas, a known cancer causing substance, and that homes reaching a radon level of 4 pCi/L or higher be mitigated.

 

  1. Disclaimer of Warranty. Client understands that the Home Inspection and Inspection Report do not in any way, regarding the present or future condition of the property, constitute a/an: (1) guarantee, (2) warranty of merchantability or fitness for a particular purpose, (3) express or implied warranty, or (4) insurance policy. Any and all warranties express or implied are expressly excluded from this Contract. Additionally, neither the Inspection nor the Inspection Report is a substitute for any real estate transfer disclosures that may be required by law. Curb2Roof assumes no responsibility for the cost of repairing or replacing any unreported defects or conditions, nor is Curb2Roof responsible or liable for any future failures or repairs. Curb2Roof will not be responsible for any damage discovered during remodeling. The Clients acknowledges that conditions of the subject property on the date of the inspection may change and require subsequent repair or replacements. CURB2ROOF ASSUMES NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY MISTAKES, OMISSIONS, OR ERRORS IN JUDGMENT OF ITS EMPLOYEES, OR SUBCONTRACTORS, BEYOND THE COST OF THE INSPECTION REPORT.  THIS LIMITATION OF LIABILITY SHALL INCLUDE AND APPLY TO ALL CONSEQUENTIAL DAMAGES, BODILY INJURY AND PROPERTY DAMAGE OF ANY NATURE.  COMPANY’S LIABILITY ARISING OUT OF PERFORMANCE OF SERVICES TO CUSTOMER WILL BE LIMITED TO NO MORE THAN THE CONTRACT AMOUNT COMPANY HAS AGREED TO CHARGE CUSTOMER FOR THE SERVICES IDENTIFIED HEREIN.  CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS COMPANY FROM AND AGAINST ALL LIABILITIES IN EXCESS OF THE CONTRACT AMOUNT. Client understands and agrees that Curb2Roof and its representatives assume no liability or responsibility for any property damage, consequential damage or bodily injury of any nature. Curb2Roof takes no responsibility for the misinterpretation of the report.

 

  1. Notice & Statute of Limitations. The Client agrees that any claim for failure of Curb2Roof to fulfill its obligations under this Contract shall be made in writing to Curb2Roof upon discovery. Client guarantees Curb2Roof the right to examine the subject matter and area of any claim prior to any remedial measures or repairs. The Client agrees to allow Curb2Roof ten (10) days to come to the Property to inspect and evaluate any condition complained of by the Client to Curb2Roof and not to make or allow others to make any alteration to the claimed condition until Curb2Roof has the opportunity to inspect and evaluate the claimed condition. Client understands and agrees that failure to notify Curb2Roof as stated above shall constitute a waiver of any and all claims the Client may have against Curb2Roof. The Client must initiate any lawsuit against Curb2Roof within one (1) year after the date the home inspection report is delivered to Client or Client’s agent. If the Client does not, the Client has no right to initiate a legal action against Curb2Roof and Curb2Roof has no liability to the Client.

 

  1. Non-Payment. Payment is expected and due upon completion of the inspection. Reports will not be sent without payment. There will be a billing charge for inspections not paid on completion, an additional service charge of twenty-five dollars ($25.00) a week will be charged to the account.  There will be a $75.00 returned check charge.  Any, and all, legal fees incurred by Curb2Roof to collect fees will be assessed against the Client.

 

  1. Governing Law & Severability. This Contract shall be construed and enforced in accordance with the laws of the State of New Jersey. If any provision of this Contract shall be held unenforceable, invalid, or void to any extent for any reason, such provision shall remain in force and effect to the maximum extent allowable, if any, and the enforceability or validity of the remaining provisions of the Contract shall not be affected thereby.

 

  1. Binding Arbitration. Any dispute, controversy or claim including claims for but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violations of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 through 56:8-20, or any other theory of liability 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 American Arbitration Association (AAA) or Designated Arbitration Board (DAB). A NJ Licensed Home Inspector shall be a member of the Arbitration Board. The decision of the Arbitrator appointed by the AAA or DAB shall be final and binding and judgment on the decisions may be entered in any Court of competent jurisdiction. Notice: You and Curb2Roof would have a right or opportunity to litigate disputes through a court and have a judge or jury decide the disputes but have agreed instead to resolve disputes through binding arbitration. The arbitration shall be held in Union County, New Jersey. Not withstanding the Rules and Procedures of the AAA, all Arbitrator’s fees shall be paid by the Client.

 

  1. Other Services. It is understood and agreed by the parties hereto that all the provisions, limitations, exceptions and exclusions of this Contract shall apply to any optional services entered into by the parties.

 

  1. Entire Agreement, Modification. This Contract constitutes the entire understanding and agreement between Curb2Roof and Client.  All negotiations between the parties hereto are merged into this Agreement, and there are no representations, warranties, covenants, understandings, or agreements, oral or otherwise, in relations thereto between the parties other than those incorporated herein and to be delivered hereunder.  This Contract shall be amended, modified or supplemented only by written agreement signed by both parties. Curb2Roof reserves the right to modify or amend this report at any time or for any reason within 10 (ten) business days of completion of the inspection. For purposes of this provision, completion of the inspection is defined as being after the inspector has completed the physical examination of the property, has received and reviewed all property disclosure forms and has received payment from Customer.

 

  1. Re-Inspections. Re-inspection of the property or any of its systems or components that are requested for any reason are subject to an additional fee. These include any inspection of any systems or components which are not inspected because of unforeseen circumstances at the initial Home Inspection.

 

I have read the terms, limitations and exclusions found all pages of this Contract. I understand that I have the right to have an Attorney of my choice review this Contract before I sign it. By signing this Contract, the undersigned Client agrees that he/she and I have read, understand, and agree to all of the terms and conditions, including the provisions for arbitration, limitations and exclusions, and agree to pay the fee shown according to the terms above. This Contract shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever. By signing, I acknowledge that I was provided this Contract before the start of the Home inspection and I was given the opportunity to read it. I understand that if I do not agree with any of the terms, limitations and exclusions of this Agreement, I do not have to sign it. Rather, I may negotiate with Curb 2 Roof Home Inspection or hire another inspection company to perform the inspection.

 

 

Signature of Client: _________________________________________________  Date: __________________

Print Client’s Name: ________________________________________________

 

Please initial ___________ if you would like your Agent to receive a copy.

 

Signature of Curb2Roof: ________Angelo Bencivenga Jr.________ Date: __________________

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