Vallery Home Inspections Inspection Agreement
(DBA Vallery Realty LLC)
Inspector Austin Vallery, AZ. BTR Certification #62980

Vallery Home Inspections
PO Box 774
Pinetop, AZ 85935
(928)587-1212 Email:
inspectorvallery@gmail.com

THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT PLEASE READ IT CAREFULLY

1. Client requests a limited visual inspection of the residential structure identified at the above address by Vallery Home Inspections. Vallery Home Inspections, herein after collectively referred to as the "Company." This inspection agreement contains the limitations on the scope of the inspection, remedies and liability.
2. Client represents and warrants: (a) they have read the following Agreement carefully, (b) they understand they are bound by all the terms of this contract, (c) they will read the entire inspection report when received and promptly call Company with any questions they may have, and (d) all approvals necessary have been secured for Company's entrance onto the property being inspected.
3. Client understands that the inspection and inspection report are performed and prepared for their sole, confidential and exclusive use. Client agrees that client will not transfer or disclose any part of the inspection report to any other person with these exceptions ONLY: (a) one copy may be provided to the current seller(s) of the property but only upon expressed condition that the seller(s) covenant to use the inspection report only in connection with the Client's transaction, and agrees not to transfer or disclose the report to any persons other than their real estate agent, and (b) one copy may be provided to the real estate agent representing Client and/or a bank or any other lender for use in Clients transaction only. Client agrees to indemnify, defend and hold Company harmless for any third party claims relating to this inspection or inspection report.

4. Company agrees to perform a limited visual inspection of the residential structure at the above address and to provide Client with a written opinion as to the apparent general condition of the structure's components and systems, including identification of significant observable deficiencies as they exist at the time of inspection. The inspection will be performed in a manner consistent with the standards set by the State of Arizona. A copy of these standards will be provided to Client upon request.
5. The inspection shall only include those systems and components as specifically identified in the inspection report. Any area which is not exposed to view, is unreachable by a twelve (12) foot ladder, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing or any other things, or those areas/items which have been excluded by the State of Arizona Home Inspectors standards and/or by agreement of the parties, is not included in this inspection. The inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection or exist in any area excluded from inspection by the terms of this agreement. Maintenance and other items may be discussed but will NOT form a part of the inspection report. The following areas/items, systems and components are among those NOT included in the inspection.
   • Building Code or zoning violations
   • Concealed systems or component installation
   • Permit research
   • Structural, geological, soil, wave action or hydrological stability, survey, engineering, analysis or testing
   • Termites or other wood destroying insects, rodents or other pests, dry-rot or fungus
   • Latent or concealed defects
   • Asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals, water or air quality, PCB's or other toxins,
   • electromagnetic fields, underground storage tanks, proximity to toxic waste sites, or other environmental or health hazards.
   • Private water or sewage systems
   • Pools, spas, hot tubs, (Unless agreed otherwise and initialed here , a separate agreement may be needed. Clients initials          . (Initials indicate client understands the pool my be inspected for no fee but the inspector or company accept no additional liability.)
   • Saunas, steam baths, fountains, or other types of related systems and components
     
   • Repair cost estimates
   • Building value appraisal
   • Radio controlled devices
   • Automatic gates
   • Elevators, lifts, dumbwaiters
   • Thermostatic or time clock controls including sprinkler controls
   • Water softener or purifiers
   • Radiant heat systems
   • Furnace heat exchanger
   • Solar heating systems
   • Gas appliances such as fire pits, barbecues, heaters, and heat lamps. Main gas shut off valve. Any gas leaks
   • Odors or noise
   • Seismic safety
   • Security or fire safety systems
   • Personal property
   • Any adverse condition that may affect the desirability of the property
   • Proximity to railroad tracks or airplane routes
   • Boundaries, easements or rights of way
   • Unique/technically complex systems or components
   • System or component life expectancy
   • Adequacy or efficiency of any system or components
   • Items specifically noted as excluded in the inspection report.
   • Sprinkler/Irrigation Systems
   • Low voltage electrical systems such as speaker systems etc.
     
   • Product recalls ("Product recalls and consumer product safety alerts are added almost daily. If client is concerned about appliances or other items installed in the home that may be on such lists, client may wish to visit the U.S. Consumer Protection Safety Commission (CPSC) web site http://www.cpsc.gov for further information. A basic home inspection does not include the identification or research for appliances and other items installed in the home that may be on the CPSC lists.") (Some of the above items may be included in this inspection for additional fees-check with your inspector).

To prevent false expectations, please understand that the task of a home inspector is to function as a general practitioner who is trained to be a professional in the identification of typical home deficiencies. The inspector performs a visual examination to identify certain components, state their general condition, locate telltale problems and then recommends that you consult with appropriate tradesmen or other experts for further evaluation and repair estimates.

Be advised that the inspector will not find every little problem during the hours spent at the site. For that reason undisclosed problems are often reveled during repairs or after evaluation by tradesmen. No disassembly of equipment, opening of walls, moving of furniture, appliances or stored items, or excavation will be performed. All components and conditions which by the nature of their location are concealed, camouflaged or difficult to inspect are excluded from the report. Your inspector is a home inspection generalist and is not acting as a licensed engineer or expert in any craft or trade. If your inspector recommends consulting other specialized experts, Client must do so at Client's expense.

10. Client understands that the inspection and inspection report do not constitute (a) a guarantee, (b) warranty of merchantability or fitness for a particular purpose, (c) any expressed or implied warranty, or (d) an insurance policy. Additionally, neither the inspection or inspection report are substitutes for real estate transfer disclosures which may be required by law.
11. The written report to be prepared by Company shall be considered the final and exclusive findings of Company of the structure. Client understands and agrees they will not rely on any oral statement made by the inspector prior to the issuance of the written report. Client further understands and agrees that Company reserves the right to modify the inspection report for a period of time that shall not exceed forty-eight (48) hours after the inspection report has first been delivered to Client.
12. Client understands and agrees that any claim arising out of or related to any act or omission of Company in connection with the inspection of the residential structure, as limited herein, shall be made in writing and reported to Company within ten (10) business days of discovery. Client further agrees to allow Company to reinspect the claim discrepancy, with the exception of emergency conditions, before Client or Client's agents, employees or independent contractor repairs, replaces, alters, or modifies the claimed discrepancy. To the extent allowed by law, Client understands any claims brought against Vallery Home Inspections or the inspector need to be filed within one year of the inspection date. Client understands and agrees that any failure to notify company as stated above shall constitute a waiver of any and all claims Client may have against Company.
13. The Company does limit its liability to the fee paid for the inspection. This limit on Liability can be increased to $25,000 for a additional fee of $1000 paid before the inspection. However, any disputes, controversy, interpretations or claim including claims for, but not limiting 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 and inspection report shall be first be submitted to mediation prior to filing of any lawsuit with the parties sharing equally in the cost of mediation. Any dispute not resolved at mediation must be filed in the Navajo County court and will be heard without a jury. The parties agree that written discovery shall be limited to requests for production of documents relevant to the dispute and that depositions shall be limited to the parties only. The decision of the Judge appointed hereunder shall be final and binding and judgment on the Award may be entered in tort or contract, against Company, its officers, agents or employees, must be brought within one (1) year from the date of the inspection or will be deemed waived and forever banned. Time is expressly of the essence herein.

Client understands the limit of liability. Clients initials:

Client wants to increase Company's liability for additional fee of $1000.00. Clients initials:

10. The Company's agreement to perform the inspection is contingent upon Client's agreement to the provisions, terms, conditions and limitations of this agreement. If the agreement is not signed by Client prior to or at the time the written inspection report is provided to the Client, and Client objects to any terms of this agreement, Client shall return the inspection report within forty-eight (48) hours and any fee that has been paid will be refunded to the Client. Failure to return the written inspection report, use of the inspection report, or payment of the fee shall constitute the full acceptance of all the terms of this agreement. Where credit has been extended to the client, the client agrees to pay the stated fee for the services performed at close of escrow or within 30 days of the inspection, whichever is sooner. Client understands that the inspection report will be delivered to the Client or their authorized agent the business day following the inspection (excluding holidays) unless otherwise agreed to.
11. This agreement shall be governed by the Laws of the State of Arizona. If any portion of this agreement is found to be invalid or unenforceable by any court or arbitrator, the remaining terms shall remain in full force and effected between the parties.
12. This agreement represents the entire agreement between the parties. No oral agreements, understandings or representation shall change, modify, or amend any part of this agreement. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties. This agreement shall be binding upon and inure to the parties hereto, their spouse, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.
13. Client may seek other inspection services offered by Company such as swimming pool and spa inspections. These additional services ,if requested, shall be made by formal addendums to this agreement and there may be additional fees associated with the different services. It is agreed and understood by the parties hereto that all the provisions, limitations, exceptions and exclusions of this agreement shall apply to any optional services in addition to the specific terms of the respective addendums.

I have read, understand and agree to all terms and conditions of this contract and agree to pay the fee listed above. I also understand that in the event of collection or the defense of a wrongful claim, I shall be responsible for all of Company's collection costs and attorney fees. If signing party is one of more than one purchaser, or acting as a representative of the purchaser(s), signing party represents and affirms the he/she has the authority to enter into this agreement on behalf of all purchasers involved.

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