Inspection Agreement

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The following are the agreements for the inspection to take place on {Date:9} at the address {Property Address:22:1} {Property Address:22:3} {Property Address:22:4} {Property Address:22:5} for {Name (First):12.3} {Name (Last):12.6}. Before we can begin we need to verify you are {Name (First):12.3} {Name (Last):12.6} or have authorization to sign on their behalf. Please verify this below by checking the box:
Certification*
- Yes
I certify that I am {Name (First):12.3} {Name (Last):12.6} or I am able to execute legal documents on behalf of {Name (First):12.3} {Name (Last):12.6}.

Below is your agreement to sign. As you read through the agreement you will see a box with an area to initial and sign the document. Initial the box and sign with your finger or mouse and hit Accept to sign the document.
MASS Integrity Home & Pest Inspection,LLC

Inspection Agreement

1. Parties. This Inspection Agreement, ("Agreement"), is made between {Name (First):12.3} {Name (Last):12.6} ("Client") and Mass Integrity Home & Pest Inspection Company LLC, for the inspection of the property located at: {Property Address:22.1} {Property Address:22.3} {Property Address:22.4} {Property Address:22.5} ("Property"), in accordance with the Massachusetts Standards of Practice, ("Standards"), as further defined in section 3 of Agreement. Client warrants permission, form current owner of Property, has been obtained to inspect Property on the following date: {Date:23}, ("Inspection"), and including all follow-up inspections, if any.

2. Fee. Client will receive a copy of the inspection report, ("Report"), via email within forty-eight (48) hours. Client agrees to pay, at the time of the inspection, a fee in the amount of {Fee:21} to Company for said inspection. If payment is not made in full at time of inspection the final report will be withheld. Payments can be made via money orders, cash, or personal checks.

Please see item 10 below concerning Company's cancellation policy.

3. Standard of Practice. Property will be inspection objectively, in accordance with the Massachusetts Standards of Practice pursuant to article 2667 CMR 1.00 – 11.00, incorporated herein by reference, and hereby a material part of this Agreement, ("Standards"). All terms used herein, and not otherwise defined, shall have the meaning set forth in said Standards. A copy of Standards can also be found at: https//www.mass.gov/dpl/boards/hi/cmr/26606.htm.

Exclusions Primarily Pursuant to 6.11 of the Standards are attached to and herein incorporated to this Agreement.

4. Scope of Inspection – Inspection is general in nature, and does not replace the inspection and opinion of experts, and licensed contractors in specific fields. Client understands Inspection is performed on visual observations only, and is not technically exhaustive. An inspection is technically exhaustive when it involves the extensive use of measurements, instruments, testing, calculations, and other means to develop scientific or engineering findings, conclusions, and recommendations. This is beyond the scope of a normal Inspection. Neither shall it replace a Building Code Inspection.

Inspection is meant to provide Client with a better understanding of the condition of certain readily accessible installed systems and components of Property at the time of Inspection. Client understands Inspection and Report are based on the visual observations of the inspector of readily accessible areas and does not include or report on inaccessible areas. Areas are considered "accessible" when no personal property has to be moved by inspector, including but not limited to, rugs, heavy tables, furniture, machines, appliances, pets, medical devices, bookshelves, and other such personal property.

Inspector is not required to place himself or others in damager in order to perform Inspection and has the discretion to make judgement calls at the time of Inspection concerning the same. Activities that may cause danger, include but is not limited to, climbing, crawling, dismantling, drilling, use of machinery, and removing covers. Therefore, roofs, chimneys, flashing, gutters, and other such items, are usually inspected from the ground with visual aids, further limiting the inspection to the sole disability by said aids at the time of the inspection.

Accordingly Inspector will not inspect for hidden or concealed damage to Property. Inspection is limited to items reasonably determined from limited access and visual perception.

In the event Client requests Inspector perform an Inspection outside of the Scope of The Inspection, such as to climb on top of the roof, Inspector shall at his his/her discretion agree to the same, provided Client agrees to hold Inspector and Company harmless for any and all possible damages that may result from the Inspector performing such request.

5. Report. The Report is not intended to be an inducement, to encourage, or discourage Client from the the purchase or sale of Property, neither can a Inspection "pass" or "fail". The Inspection is a professional opinion of the Inspector, to be used by Client in furthering their understanding on the conditions.

The Inspection and the conclusions and recommendations of Inspector, are limited to items inspected, as outlined in the report. Inspector will not make ant recommendations outside of the Report, and Client is not relay on any information but for the final Report concerning Inspection.

Important Exclusions and Limitations

6. No Warranty. There is no express or implied warranty of any kind, written or verbal, including information specific to the Report, regarding the condition of Property, nor any of the items and systems contained therein, including future performance and expected lifespan of the same. Neither is there a general warranty of any kind, concerning the same.

7. Notice of Dispute. In the event Client discovers unfavorable conditions to Property Client agrees to give Company a written Notice of Discovery, within 14 Days of said discovery, and Company shall have the right to re-inspect the Property within 14 Days of Notice, and answer Notice of Discovery within 30 Days of the Receipt of said Notice.

Under no circumstance shall Client attempt to "fix" the issue of discovery prior to allowing the Inspector the opportunity to reinspect, unless the same is an emergency, causing imminent harm and irreversible damage to the property. In the event Client, fixes, or alters the condition in any other manner, prior to the re-inspection of Inspector, Inspector shall not be held responsible for the alleged complaint. The Inspector shall not be held responsible for the damage(s) caused by third parties, including licensed professionals, in the event a condition arises from the work of such third parties.

Client understands the items that have a life expectancy, including but not limited to, washer-and driers, hot water tanks, stoves, dish-washers, microwaves, garbage disposals, trash compactors, and refrigerators, and other such machinery and appliances, are not the responsibility of the Inspector if they shortly after the inspection stop working. The inspection can only provide an estimate of life expectancy, however, each machine and appliance will severely demand on the maintains it has received over the years, as well as the quality of the particular item. It is impossible for an Inspector to "estimate" the life expectancy, and any such information is provided based on the general statistics concerning such appliances.

Any and all disputes concerning the Inspection and Report, or arising from the same, must be brought within one (1) year of the date of the Inspection and shall be resolved by binding, non-appealable arbitration conducted in accordance with the rules of the American Arbitration Association.

8. Arbitration. The parties shall mutually agree upon one (1) Massachusetts licensed arbitrator who shall have at least ten (10) years' experience in the home inspection industry, in Massachusetts. If parties cannot agree to an arbitrator, the Massachusetts Licensing Board of Inspectors shall be consulted for assistance, and shall choose an arbitrator on behalf of the parties. Neither party shall have any previous dealings with the recommended arbitrators. The fees and expenses of arbitration, including the fees and expenses of the arbitrator, shall be borne by the party deemed responsible by the arbitrator except that, the party filing for arbitration shall be responsible for all filing fees. At the arbitration, the arbitrator may consider all claims that would have been available to the parties in court of the law, including, but not limited to, claims for lawful attorneys' fees and multiple damages, where provided by statute. Parties shall be responsible for their own attorney fees, if any, unless the action, including arbitration hearings, brought is shown to be frivolous, without merits, and/or intended for the purpose of harassment.

The Client hereby acknowledges that participation in binding arbitration as provided for herein is not intended to limit in any way the costs and damages otherwise legally available to the Client. Any action not brought within one year of the date of the home inspection shall be barred, without regard to any other limitation period set forth by law or statute.

9. No Assignment and Transfer. The Inspection and Report is specific to the Property, and intended solely for Client. It is confidential and the exclusive benefit to Client, and shall not be assigned, transferred or apply to any third party, including the family of Client. The direct or indirect transfer, assignment, or sharing of the Report in any other manner, or a portion of the Report, Client indemnifies and holds Inspector and Company harmless from any and all losses, liabilities, related costs and expenses, including reasonable attorney's fees and litigation costs, arising out of claims by third parties.

The Agreement shall be binding on all and any parties upon which the benefit of the inspection shall be incurred to, and the respective heirs, spouses, and successors of the Client and beneficiary.

"Client" shall refer to the person paying for the inspection, while a "beneficiary" may be the purchaser of the property.

10. Cancellation Policy: Confirmed appointments may be cancelled by the Client without penalty if notice is given in writing or via phone more than 36 hours prior to the appointments start time. If the Client cancels within 36 hour of the appointment start time, a fee of $250 will be applied.

11. Attorney's Fees. In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and cost resulting therefrom.

12. Severability: If any clause of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of an authorized jurisdiction, the validity, legality and enforceability of the remaining Agreement shall remain fully enforceable, and may not in any way be affected or impaired thereby.

13. Electronic Signature Clause: Electronic signatures shall have the same effect as manual signatures, provided the electronic signature is though a traceable signature service provider, sufficiently authenticating the signor, and accompanied with the "signature envelop" including signors full name, e-mail, method of authentication, date, and transaction identification reference.

14. Warranties and Representations. The Inspector and Client acknowledge that the Client has not been influenced to enter into this Agreement and Inspection nor has he relied upon any warranties or representations not set forth or incorporated in this AGREEMENT or previously made in writing, except for the following additional warranties and representations, if any, made by either party: None
15. Construction of Agreement. This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto and their, if any, respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both the CLIENT and INSPECTOR. If two or more persons are named herein as CLIENT their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this Agreement or to be used in determining the intent of the parties to it.

This agreement contains the entire agreement among the parties and supersedes and nullifies all prior agreements and understandings, express or implied, between the parties hereto concerning the subject matter hereof, including any and all advertising materials.

This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, and client understands all legal proceedings, if any, are in accordance to said law and jurisdiction.

By signing below, I agree that I have read, understand and agree to all the terms and conditions and limitations set forth in this agreement.

Client acknowledges that ample opportunity for their own counsel to participate in negotiating this agreement. Therefor no rule of construction shall apply to this agreement that construes ambiguous or unclear language in favor of or against any party.

I HAVE READ, ACCEPT AND SIGN THIS AGREEMENT:
Signature*
Client Signature:
Client: {Name (First):12.3} {Name (Last):12.6} Date: 12/14/2024
WHAT A CLIENT NEEDS TO KNOW ABOUT THE MASSACHUSETTS STANDARDS OF PRACTICE REGULATIONS
FOR HOME INSPECTIONS:Exclusions Primarily Pursuant to 6.11 of the Standards. The Property Inspection and Property Inspection Report does not include the testing or operation of mechanical equipment or appliances except for the limited tests actually performed and reported on in the Property Inspection Report as required by the Standards. The following list of exclusions is not an exhaustive list and the Client should see the Standards for additional exclusions and limitations of the Property Inspection Report. We are not required to report on: the life expectancy of any component or system; the causes of the need for a repair; the methods. material and costs of corrections; the suitability of the property for any use; compliance or non-compliance with applicable regulatory requirements; any component or system; which was not observed; the presence of absence of pests such as wood damaging organisms, rodents, or insects; cosmetic items, underground items, or items not permanently installed or items specifically excluded by the Client. We are not required to do the following; determine the market value of property or its marketability; report on the advisability or inadvisability of the purchase of the property; offer or perform engineering, architectural, surveying, plumbing, electrical, heating services, pest control, urea formaldehyde and lead paint inspection (s) or any other job function requiring an occupational license and/or registration in the jurisdiction where the inspection is taking place, unless the inspector holds a valid registration and/or occupational license and the parties agree in writing to the additional services to be performed and the additional fee to be charged; collect any engineering data; determine the cost of repairs; determine Building Code or Zoning violations; verify or determine the location of property lines; inspect concealed spaces; inspect surface and subsurface soil conditions; calculate the strength, adequacy, or efficiency of any systems or component; enter any area or perform any procedure which may damage the property or its components, or be dangerous to the inspector or other persons; operate any system or component that is shut down or otherwise inoperable; operate any system or component which does not respond to normal operating controls; disturb insulation, move personal items, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility; determine the presence or absence of any suspected hazardous substance including but not limited to, latent surface and/or subsurface Volatile Organic Compounds, PCB's asbestos, UFFI, toxin, carcinogens, lead paint, radon gas, noise and contaminants in soil, water, air quality, wet lands and/or any other environmental hazard; determine the effectiveness of any system installed to control or remove suspected hazardous substances; predict future conditions, including, but not limited to, the failure of components; project operating costs of components; evaluate acoustical characteristics of any systems or component; or determine the extent or magnitude of damage or failures noted. We are not required to inspect cosmetic items such as paint, wallpaper, and other finish treatments on the interior walls, ceiling and floors; draperies, blinds, or other window treats; household appliances; or recreational facilities. We are not required to inspect: non-central air conditioners; heating and cooling systems when weather conditions or other circumstances may cause equipment damage; lawn sprinklers; on-site public waste disposal systems; water conditioning systems; smoke detectors; telephones; security alarms; cable television; intercoms; storm windows, storm doors, screening, shutters, awnings, and similar seasonable accessories; fences; landscaping; trees; swimming pools; patios; sprinkler systems; safety glazing; garage door operator remote control transmitters; geological conditions; soil conditions; outbuildings and detached garages; underground utilities, pipes, buried wires or conduit.

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MASS Integrity Home & Pest Inspection,LLC

Inspection Agreement

Exclusions Primarily Pursuant to 6.11 of the Standards are attached to and herein incorporated to this Agreement.

Important Exclusions and Limitations