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Metro Inspections

Inspection Contract
Client: Inspection Address: , Inspector: Nick Bryduck, Associate member of ASHI - I.T.A. Certified Home Inspector Agent: Great Agent Date: 9/19/2013 Inspection Fee:
TERMS AND CONDITIONS THIS CONTRACT LIMITS LIABILITY PLEASE READ CAREFULLY

121 16TH Ave North Hopkins MN, 55343 Phone: 952-292-7035 Email: nick@metroinspectionsmn.com

It is agreed by all that this inspection is to be performed according to the following terms and conditions: I (Client) hereby request a limited visual inspection of the structure at the address below, for my sole use and benefit. I warrant that I will read the following agreement carefully. I understand that I am bound by all the terms of this contract. I further warrant that I will read the entire inspection report when I receive it and promptly call the inspector with any question I may have. Your inspector is a home inspector generalist and is not acting as a licensed engineer or expert in any craft or trade. If your inspector recommended consulting other specialized experts, Client must do so at Clients expense. This is not a home warranty, guarantee, Insurance policy or substitute for real estate transfer disclosures which may be required by law. SCOPE OF INSPECTION: The scope of the inspection and report is a limited visual inspection of the general systems and components of the home to identify any systems or components listed in the report, which may be in need of immediate major repair. The inspection will be preformed in compliance with generally accepted standards of practice, a copy of which is available upon request or ___ included with this report. The scope of the inspection is limited to the items listed within the report pages. OUTSIDE THE SCOPE OF THE INSPECTION: Any area, which is not exposed to view, is concealed, or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing, or any other thing 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 form view at the time of the inspection. Whether or not they are concealed, the following ARE OUTSIDE THE SCOPE OF THIS INSPECTION: Building code or zoning ordinance violations. Geological stability or soils conditions. Structural stability or engineering analysis. Termites, pests or other wood destroying organisms. Asbestos, radon, formaldehyde, lead, water or air quality. Electromagnetic radiation or any environmental hazards, Building value appraisal or cost estimates. Conditions of detached buildings. Pools or spas and underground piping. Specific components noted as being excluded on the individual system inspections forms. Private water or private sewage systems. Saunas, steam baths or fixtures and equipment. Radio-controlled devices, automatic gates, elevators, lifts, Dumbwaiters and thermostatic, humidistatic, or time clock controls. Water softeners/purifiers systems or solar heating systems. Furnace heat exchangers, freestanding appliances, security alarms or personal property. Adequancy or efficiency of any system or component. Prediction of life expectancy of any item (Some of the above items may be included in this inspection for additional fees. Check with your inspector ARBITRATION: Any disputes concerning the interpretation of this agreement or arising form this inspection and report, except one for inspection fee payment, shall be resolved informally between the parties or by arbitration conducted in accordance with the rules of a recognized arbitration association except that the parties shall select an arbitrator who is familiar with the home inspection industry. The arbitrator shall conduct Page 1 of 3

Metro Inspections summary judgment motions and enforce full discovery rights as a court would as provided in civil proceedings by legal code. I have read and agree to the above Arbitration Clause: ________ CONDIFENTIAL REPORT: The inspection report to be prepared for Client is solely and exclusively for Clients own information and may not be relied upon by any other person. Client agrees to maintain the confidentiality of the inspection report and agrees not to disclose any part of it to any other person. Client may distribute copies of the inspection report to the seller and the real estate agents directly involved in this transaction, but said persons are not specifically intended beneficiaries of this Agreement or the inspection report. Client and Inspector do not in any way intend to benefit said seller or the real estate agents directly or indirectly through this Agreement or the inspection report. Client agrees to indemnify, defend, and hold Inspector harmless from any third party claims arising out of Clients unauthorized distribution of the inspection report. ATTORNEYS FEES: The prevailing party in any dispute arising out of this agreement, the inspection, or report(s) shall be awarded all attorneys fees, arbitrator fees and other costs. SEVERABILITY:Client and Inspector agree that should a Court of Competent Jurisdiction determine and declare that any portion of this contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect. DISPUTES: Client understands and agrees that any claim for failure to accurately report the visually discernible condition at the Subject Property, as limited herein above, shall be made in writing and reported to the inspector within ten business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or Clients agents, employees or independent contractors, will make no alterations, modifications or repairs to the claimed discrepancy prior to a re-inspection by the Inspector. Client understands and agrees that any failure to notify the Inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the conditions in question. LIMITATIONS ON LIABILITY : INSPECTORS LIABILITY FOR MISTAKES OR OMISSIONS IN THIS INSPECTION REPORT IS LIMITED TO A REFUND OF THE FEE PAID FOR THIS INSPECTION AND REPORT. THE LIABILITY OF INSPECTORS PRINCIPALS, AGENTS AND EMPLOYEES IS ALSO LIMITED TO THE FEE PAID, THIS LIMITATION APPLIES TO ANYONE WHO IS DAMAGED OR HAS TO PAY EXPENSES OF ANY KIND BECAUSE OF MISTAKES OR OMISSION IN THIS INSPECTION AND REPORT. THIS LIABILITY LIMITATION IS BINDING ON CLIENT AND CLIENTS SPOUSES, HEIRS, PRINCIPALS, ASSIGNS AND ANYONE ELSE WHO MAY OTHERWISE CLAIM THROUGH CLIENT. CLIENT ASSUMES THE RISK OF ALL LOSSES GREATER THAN THE FEE PAID FOR THE INSPECTION. CLIENT AGREES TO IMMEDIATELY ACCEPT A REFUND OF THE FEE AS FULL SETTLEMENT OF ANY AND ALL CLAIMS WHICH MAY EVER ARISE FORM THIS INSPECTION Metro Inspections MN will provide the Client a limited visual inspection of the following readily accessible and visible pertinent, major elements existing in the structure on the date of inspection: central air conditioning, central heating, interior electric, interior plumbing, foundation, basement, roofing, siding, walls, floors, ceilings. Metro Inspections MN shall have no obligation to repair or replace any items found to be defective, whether or not discussed in the Metro Inspections MN written report. Conditions that may exist relating to any legal and/or public records are outside the scope of this inspection. Metro Inspections MN cannot determine during the inspection that the roof leaks or is watertight; the rating is on material condition only. Further, this inspection does not cover code compliance, soil or groundwater contamination, geological, design, adequacy evaluation, or any low voltage wiring. Metro Inspections MN reserves a 5% margin or tolerance. This inspection will include the above elements unless otherwise restricted by the client. At times, conditions may exist and may not have any visible signs to indicate its existence. The seller of the property must disclose such items. Metro Inspections MN recommends that Client seek the advice of his legal counsel and/or real estate agent to identify items subject to disclosure in additions to those set forth in Metro Inspections MN written inspection report. Metro Inspections MN inspections are performed with consideration given to the age of the structure, items marked good must in all cases be considered good for the age of the item. Also, items in less than good condition must be marked as such, even though the condition may be normal for the age. Opinions vary from person to person and the report is the opinion of the inspector and must be considered as such. This report is not a mold or hazardous materials inspection. Page 2 of 3

Metro Inspections Payment of the fee entitles client to one original of the written inspection report including photographs. Payment, in check, cash, or credit card, is due prior to the start of the visual inspection. The liability of Metro Inspections MN is limited to the terms and conditions as set forth in this contract between Metro Inspections MN and the Client. Client expressly releases Metro Inspections MN from any and all claims arising out of the contract. Client represents and assures Metro Inspections MN that Client has secured all approvals necessary for entry onto the premises to be inspected. Client further agrees to defend, indemnify and hold harmless Metro Inspections MN from demands or claims alleging a trespass upon the premises to be inspected. It is the responsibility of the Client or Agent to ensure the utilities are on at the time of inspection. Metro Inspections MN recommends checking for permits on all additional construction performed on the property after the original construction. This Order Form, with its terms, conditions and disclosures, constitutes the entire agreement between Metro Inspections MN and Client. Both parties agree that there is no representation, statement or agreement not set forth herein or incorporated by reference. No waiver, alteration of modification of this contract shall be valid unless it is in writing and signed by an authorized representative of both parties. This contract shall be construed and governed by the laws of the State of Minnesota. For all areas marked outside of good condition, Metro Inspections MN recommends proper attention by the appropriate licensed contractor. Metro Inspections MN has no liability for occupied/unoccupied homes and structures, and the inspection is only good until the inspector leaves the property. Disgruntled sellers/squatters often change the condition of the property and Metro Inspections MN will make no guarantees I have read the Terms and Conditions of this inspection and accept them, and also accept the Waiver Conditions. I have full authority to execute this contract. I fully understand the fact that only the original buyer on this contract shall be entitled to the information contained in the inspection report/contract, unless specified by Client. Client shall be liable for Metro Inspections MN attorney's fees in the event of litigation. Any negative comments/actions reflected on/towards Metro Inspections MN shall be grounds for a slander-suit for defamation of character in Superior Court. The defamation of character suit shall be filed against the instigator of said comments/actions. I have read and understand the terms and conditions of this contract as set forth on the front of this form. I fully understand that if there is no signature on the line below, this inspection report shall be null and void. PROPERTY ADDRESS : TOTAL INSPECTION FEE By signing below you acknowledge that you have read, understand and agree to the scope of the inspection and agree to all of the terms and conditions of the contract. You also agree to pay the fee listed above. Client:__________________________________________ Date:__________________________ Client:__________________________________________ Date:__________________________ Inspector:________________________________________Date:__________________________

Signed By: CLIENT (OR AUTHORIZED PERSON)

Date

Signed By: NICK BRYDUCK METRO INSPECTIONS

9/19/2013 Date

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