This contract affects your legal rights - please read carefully before signing.
THIS HOME INSPECTION AGREEMENT IS MADE BETWEEN:
The Client hereby requests that the Inspector perform an inspection (the Inspection) of the Subject Property and prepare a digital report (the Inspection Report), to be provided to the Client on the day of the inspection and no later than 24 hours after the inspection is completed.
The inspection has been scheduled with the inspector listed in your confirmation email - the inspector is subject to change based on scheduling and availability.
The Inspection and Inspection Report are subject to the following limitations and conditions, each of which are acknowledged, understood and accepted by the Client:
1768 Cedar Road, Nanaimo, B.C. 250.713.4811
Darryl Saam, License #53903 * Philip Ashurst, License #83496 * Chris Connor, License #81593
This agreement includes Discovery Inspections, its employees and individual inspectors, whether an employee or independent contractor and/or that independent contractors company, in relation to the property to be inspected on the date of:
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:
1.1 The Client understands that the word INSPECTOR as used in this Inspection Contract means and includes 0989667 BC Ltd., and Discovery Home 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.
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, at www.hiabc.ca, or from the link that was emailed to you in your confirmation email;
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/or walk-through and understands the importance of doing so. During the Covid19 pandemic, all in person walkthroughs must be prearranged and anyone who has requested attendance at an in-person walkthrough at the end of the inspection must adhere to appropriate social distancing protocols and wear a mask and gloves at all times.
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. An inspection of household appliances or irrigation systems are not within the scope of a residential inspection and as such are not included in this inspection;
f) The inspector will notify the client of any visible signs of mold and past or present rodent and/or insect intrusion that are observed on the day of the inspection; however this Inspection does not specifically include an inspection for mold, pests, wood destroying insects, 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 prepared for the exclusive use of the client and the contents of the report are protected by copyright as the intellectual property of the company. The inspection report MAY NOT be re-sold or shared with another potential home buyer under any circumstances. The inspector and inspection company are indemnified from any legal claim by a third party arising out of the use of this inspection report; as such whomever is involved with the sharing or reselling of the inspection report shall assume all liability for any future legal claims regarding this home.
i) 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) While a Pre-Listing inspection can be a valuable tool for a Seller, this Inspection Report is an opinion on the current condition of the Subject Property on the day of the Inspection and is not intended to be relied on by a potential third party buyer of the Subject Property. The Inspection Report is for the exclusive use of the Client and it is not reasonable for any other party to rely on the Inspection Report. Liability for errors, omissions, breaches of contract and/or negligence in any part of the Inspection or Inspection Report to any person other than the client is expressly denied and, accordingly, no responsibility is accepted for any damage suffered by any such person as a result of decisions made or actions based on the Inspection Report.
j) 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.
2.1 When an inspection of an airtight wood burning appliance (woodstove, pellet stove, etc.) is added to the home inspection, the Client shall receive a separate inspection certificate for the solid fuel burning appliance located on the Subject Property, by email within 7 business days of the home inspection. This Inspection and report are subject to the following limitations and conditions, each of which are acknowledged, understood and accepted by the Client:
a) The Solid Fuel Burning Appliance Inspection and report shall be performed and prepared in accordance with the CSA B365 Installation Code for Solid Fuel Burning Appliances and shall be completed by the home inspector, with confirmation of compliancy and ratings by a WETT Certified Inspector and Technician;
b) SCOPE OF THE INSPECTION: Level 1 inspection: The Solid Fuel Burning Appliance Inspection and associated report constitute an opinion of the present condition of the solid fuel burning appliance based on a visual examination of the readily accessible features and components. Readily accessible means quickly or easily reached for inspection. The Inspector is not required to open or remove panels, doors or other coverings or perform any action that require the use of tools. The Inspection Report/Certificate will not identify components which are not readily accessible or visible and which have therefore not been inspected;
3.1 In the event that the Client claims damages against Discovery Home Inspections and does not prove those damages, the Client shall pay all legal fees, legal expenses and costs incurred by Discovery Home Inspections in defense of the claim as determined as by the courts;
3.2 Discovery Home 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 Discovery Home Inspections.
4.1 The total fees and taxes payable by the Client for inspection of the subject property, as detailed in the confirmation email, shall be as follows
CANCELLATIONS: Payments are processed the day before the inspection. Inspections may be cancelled or rescheduled without penalty by speaking with someone in our office or by clicking the "Cancel or Reschedule" link in your confirmation email up to 24 hours before the appointment. We regret that the inspection fee is non-refundable if a cancellation takes place less than 24 hours before the appointment.
5.1 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.
WITH AGREEMENT BY THE HOME INSPECTOR (name and license number listed online and on your confirmation email) ON BEHALF OF HIMSELF AND DISCOVERY HOME INSPECTIONS.
Your inspection report will be prepared using Homegauge Inspection Reporting software. As such, the address of the home being inspected along with your name, address, and realtor's name will be stored by a third party (HomeGauge Software). This personal information will not be shared as any use of that data by any other party would require the home inspector's approval.
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.
