The following is a generic standard Contract that is emailed to the client prior to the Inspection for their perusal and is digitally signed.
THIS CONTRACT AFFECTS YOUR LEGAL RIGHTS
---- PLEASE READ CAREFULLY BEFORE SIGNING ----
BETWEEN: The Client as shown above (the "Client")
AND: NewLook Inspections of 2226 Paradise Avenue, Coquitlam, B.C. V3K 1Z4
604.931.6288 firstname.lastname@example.org (the "Inspector")
including its employees and individual inspectors, whether an employee or independent contractor and/or that independent contractor's company,
in relation to the property to be inspected on the date and address as shown at the top of this Contract
to be inspected by Dale Trach, License #49659, subject to change if necessary. (the "Subject Property")
IN CONSIDERATION of the representations, warranties and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Client and the Inspector hereby agree as follows:
ARTICLE 1 - INSPECTION
1.1 The Client understands that the word "Inspector" as used in this Inspection Contract means and includes NewLook Inspections, including its employees and individual inspectors, whether an employee or independent contractor and/or that independent contractor's company, and acknowledges and agrees that this Inspection Contract will apply to the Client and the Inspector as defined.
The Client hereby requests that the Inspector perform an inspection (the "Inspection") of the Subject Property and prepare a written report (the "Inspection Report"), to be provided to the Client no later than the end of the Inspection day. The Inspection and Inspection Report are subject to the following limitations and conditions, each of which is acknowledged, understood and accepted by the Client:
a) The Inspection and the Inspection Report shall be performed and prepared in accordance with the Home Inspectors Association BC Scope of Inspection, a copy of which is available upon request or at www.hiabc.ca;
b) The Inspection is non-invasive and the Inspection Report constitutes an opinion of the condition of the Subject Property based on a visual examination of the readily accessible features and components of the Subject Property;
c) The Inspection and the Inspection Report do not constitute a guarantee, warranty or an insurance policy;
d) The Client is encouraged, at their own risk, to participate in the Inspection and understands the importance of doing so;
e) The condition of certain systems, components and equipment will be randomly sampled by the Inspector. Examples include, but may not be restricted to window/door function, electrical receptacles, switches and lights, cabinets, paint and caulking integrity, roof covering materials, and examination of interior and exterior surfaces for signs of moisture ingress;
f) The Inspection does not include an inspection for mould or asbestos on the Subject Property;
g) Weather conditions may limit the extent of the inspection; the Client understands that the scope and accuracy of the Inspection Report can be affected by weather conditions existing at the time of the Inspection; and
h) The Inspection Report is for the confidential use of the Client only and will not be disclosed to third parties such as real estate agents, sellers, or lenders (i) without the express written consent of the Client, (ii) except as required by law, or (iii) except as deemed necessary if, in the opinion of the inspector, there is a serious health or safety issue.
i) The Client shall protect and indemnify the Inspector from any claim against the Inspector by any third party arising from disclosure of the Inspection Report.
ARTICLE 2 - RESTRICTIONS ON LEGAL RIGHTS
2.1 In the event that the Client claims damages against NewLook Inspections and does not prove those damages, the Client shall pay all legal fees, legal expenses and costs incurred by NewLook Inspections in defense of the claim as determined as by the courts;
2.2 NewLook Inspections shall not be liable to the Client for the cost of any repairs to or replacement of any system, component, or equipment undertaken by the Client without prior consultation with NewLook Inspections.
ARTICLE 4 - ACKNOWLEDGMENT
4.1 By signing this Inspection Contract the Client hereby acknowledges and agrees that:
a) The Client understands and agrees to be bound by each and every provision of this Inspection Contract;
b) The Client has the authority to bind any other family members or other interested parties to this Inspection Contract;
c) The Inspector has not made any representations or warranties, whether written or oral, about the terms of this Inspection Contract other than those contained in this Inspection Contract; and
d) The Client has had such legal advice as the Client desires in relation to the effect of this Inspection Contract on the Client's legal rights.
Home Inspectors operating in British Columbia are required to be licensed under the Business Practices and Consumer Protection Act and are regulated under that Act. The services of a home inspector are not provided on behalf of, or in affiliation with, the Province of British Columbia or the Business Practices and Consumer Protection Authority (commonly known and doing business as Consumer Protection BC). For more information on the regulation of home inspectors, what a home inspection should involve, how to select a home inspector and about your rights as a consumer, please contact Consumer Protection BC.