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Authorization for Home Inspection Services

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Inspection Contract

Inspector: Mark C. Groves
Oregon CCB#208101
OCHI# 1802
Cell Phone: 541-373-3844
E-mail: onthemarkinspect@gmail.com


1. Inspection. This property inspection will be a non-invasive, limited visual inspection performed for the agreed fee and conducted in accordance with the Oregon standards of practice set forth in division 8 of chapter 812 by the CCB, in which client can obtain copy of standards for review at www.grantspasshomeinspectors.com. A copy of the Oregon home inspection consumer notice will be attached to pre inspection contract. Client represents and warrants that all approvals necessary have been secured for On The Mark Property Inspections entrance to the property.

2. Scope of Service. The purpose of the inspection is to provide the client with information about certain systems, structures and components of the above referenced property as they exist at the time of the inspection. A material defect is a condition that significantly affects the value, habitability, or safety of the building. Style, desirability, or aesthetics is not considered in determining whether a specific system or component is defective. This inspection is limited to those specific systems, components and structures that are present, visually accessible, and identified in the inspection report. Systems and their components are operated with normal user controls only, by opening readily accessible panels, and only as conditions permit. There is no dismantling of any system, structure, or component, or performing any destructive tests, examinations, or analysis.

3. Wood Destroying Organisms. Though Oregon standards of practice for home inspection do not require Company to provide information on wood destroying organisms, inspector will conduct a visual wood destroying organism inspection at no additional cost to the client. Client understands that Client may obtain a warranty for wood destroying insects only from a licensed Pest Control Operator after full removal of all insulation and surface coverings by a Contractor and chemical treatment of the premises by a Licensed Pest Control Operator. The information in the report about the presence of wood destroying organisms and their causes is limited to visual observations and for informational purposes. THEREFORE, WE CANNOT AND DO NOT IN ANY WAY REPRESENT OR GUARANTEE THE PREMISES TO BE FREE FROM TERMITES OR OTHER WOOD DESTROYING ORGANISMS OR THEIR DAMAGE, NOR DO WE REPRESENT OR GUARANTEE THAT THE TOTAL DAMAGE OR INFESTATION IS LIMITED TO THAT DISCLOSED IN THIS REPORT.

4. Compliance with OAR Chapter 812. This inspection report meets or exceeds all requirements as imposed by Oregon standards of home inspection practices set forth in Division 8 of OAR Chapter 812. Client agrees to assume risk for all conditions which are concealed from view at the time of inspection, as well as all items outside the inspection scope. The inspection does not determine compliance with any past or present building code requirements, nor does it verify the existence of any building or construction permit.

5. Matters Included in Inspection Report. Inspection will cover all items required by OAR 812-008-0203 through 812-008-0214. Examples of inspector's work as necessary to prepare its Limited Visual Inspection Report include, but are not limited to: grading drainage; roofing and chimney; exterior, siding and structure; garages and carports; attics, crawl spaces (where adequate access is provided); insulation and ventilation; interiors; doors, windows; sink, toilets, tubs; foundation; electrical, plumbing, heating and cooling systems.

6. Areas Excluded from Inspection Report. Inspection will not cover items that inspector is not required to inspect as described in OAR 812-008-0203 through 812-008-0214. The following areas, systems, and components are among those EXCLUDED from the inspection report: the operation or evaluation of any low voltage electrical systems, security systems, cable television, internet, telephone, satellite, intercoms, timers, computers and other non-primary electrical powered devices, systems or components installation. Nor does the inspection report cover any structural stability or engineering analysis, the geological stability of soils, the history or potential for wildfires or floods, or the presence of rodents or other pests except as specifically agreed herein. In addition, the inspection does not in any way address the possible danger from potentially harmful substances or environmental hazards including, but not limited to: the presence or absence of MOLD/MILDEW, formaldehyde, toxic materials, combustible materials, lead paint, radon, asbestos, corrosive contaminants. We also are not required to, and do not inspect for cosmetic issues, private water or sewage systems, pools, spas, wells, hot tubs, saunas, steam baths, detached building/structures, fences or sprinkler systems unless we are requested by the client and agree to do so for an additional fee. Other items not included in this Limited Visual Property Inspection are inspection of EIFS (synthetic stucco) for moisture intrusion and related damage, furnace heat exchangers, solar heating systems, water softeners or purifiers, vacuum systems, window air conditioning units, heating and cooling systems when operation during existing weather conditions would cause damage to the units, gas leaks, odors, noise, seismic activity, main gas shut off valve, fire pits, barbecues, heaters, lamps, free standing appliances, personal property, unique or technically exhaustive systems or components, system or component life expectancy, and/or the adequacy or efficiency of any system or component. It is also beyond the scope of this inspection to determine if any system is or has been a part of any product recall, in the past, present, or in the future. Also excluded from the inspection report: any area that is not exposed to view, is concealed, is inaccessible because of soils, walls, floors, carpets, ceilings, furnishings, personal property, weather conditions, or any other thing or things, and all areas and items that are excluded by the Oregon Standards of Practice as described in Division 8 of OAR Chapter 812.

7. No Home Warranty, Guarantee, Insurance, and/or Warranty of Merchantability or Fitness For a Particular Purpose. This agreement, the inspection work, and/or the inspection report do not constitute a home warranty, a guarantee, or an insurance policy of any kind whatsoever. The inspection and inspection report do not constitute a warranty of merchantability or fitness for a particular purpose, expressed or implied, both of which are hereby specifically disclaimed. The inspection report is not a substitute for real estate transfer disclosures that may be required by law. Client agrees to hold harmless and exempts the inspector, the Company, its officers, agents, and employees from all liability and responsibility for the cost of repairing or replacing any unreported material defect, or other deficiency.

8. Company's right to Re-inspect. Client agrees that any claim arising from or related to any act or omission of the Company in connection with the inspection as limited herein shall be made in writing within 10 business days of discovery. Client further agrees to allow Inspection Company to re-inspect the claimed discrepancy. Any repairs or changes to the discrepancy before the home inspector has the opportunity to inspect the discrepancy is, by agreement of both parties, a waiver of any and all claims by the client against the home inspector for that/those discrepancies. 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. Unless prohibited by law, any claims must be presented within one year from the date of the inspection.

9. Home Re-Inspection Reports. Any Re-Inspection reports will be part of (fall under) the original pre inspection agreement between the client as named in the agreement and On The Mark Property Inspections, LLC and no other agreement exist except for this Re-Inspection agreement. All repairs should be completed by a licensed contractor and either the Realtor or homeowner has a receipt with the contractors CCB license number by the contractor listing their repairs. All repairs not completed by a licensed contractor may not be completed to proper code, which nullifies that such repairs were completed properly.
On The Mark property Inspections, LLC assumes that only licensed contractors have completed all repairs. We inspect only that the work was completed however we do not inspect for quality of work by a licensed contractor, compliance with building codes or regulations of any governmental or non-governmental body, entity or agency. We strongly recommend that the party completing the work along with the Contractors license number of those completing the work should sign and guarantee that all work was completed to proper code compliance and proper workmanship. We also ascertain that the homeowner, seller and licensed contractors are responsible for the proper workmanship and the re-inspection is not a guarantee that such work was completed to code or proper workmanship.

10. Arbitration; Limitation of Claim Commencement. Any dispute regarding the interpretation of this agreement or arising from Company's inspection and report shall be resolved between the parties by binding arbitration conducted in accordance with the rules and procedures of the Oregon Construction Contractors Board (CCB). This dispute resolution process may involve assisted settlement or mediation, a contested case hearing, or arbitration. An arbitration award may not be appealed to the Appeals Committee. An appeal of a final order may be made to the Oregon Court or Appeals. A party may file exceptions to an arbitration award with a Circuit Court as allowed by statute. Time is of the essence, no action of any kind can be commenced after one year from date of inspection. Inspector shall have no liability for any claim presented more than 1 (one) year after the date of inspection.
11. Attorney Fees and Costs. In the event of arbitration to enforce the terms of this agreement, or if Company retains the services of an attorney to collect any amount owing under this agreement, the prevailing party shall be entitled to recover its attorney fees and costs incurred in such collection action or arbitration, including any appeal as permitted under this agreement.

12. Agreement Arising from Inspection Report. Company requires an inspection agreement to be signed by Client prior to performing an inspection. If Client is not present at the time of the inspection and/or did not sign this Agreement, this Agreement will form part of Company's inspection report. By accepting, paying for, and/or using the inspection report, Client agrees to be bound by the terms and conditions of this Agreement.

13. Liability Limited to Cost of Services Provided. It is understood and agreed that Company is not an insurer; that the payment for the subject inspection is based solely on the value of the service provided by Company in the performance of a limited visual inspection of the general condition of the structure's systems and components as described herein, and the production of a written inspection report. Because of its limited nature, this inspection cannot be expected to uncover all defects or deficiencies within the structure; it is impracticable and extremely difficult to fix the actual damages, if any, which may result from a failure to perform such service and services. Thus, Client and Company agree that in the event that Company breaches its obligation or duty to perform such service and Client is thereby damaged, then the liability of Company shall be limited to a sum equal to the amount of the fee paid by Client for the inspection and report, and this liability shall be exclusive.

14. Severability. Should any portion of this agreement be found either invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this contract shall remain in full force and affect.

15. Entire Agreement. This agreement represents the entire agreement between the parties No oral agreements, understandings, or representations shall change, modify, or amend any part of this agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, successors, assigns and representatives of any kind whatsoever.

16. Client Understanding and Agreement to Terms. By my signature below, I attest that I have read, understand, and hereby agree to all of the terms and conditions of this contract and will pay the stated fee on or before the date of the inspection.

On The Mark Property inspections, LLC
Mark C Groves

$ Payable to On The Mark Property Inspections LLC

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