This is a binding agreement – please read it thoroughly and carefully.

The undersigned hereby orders a cursory visual inspection of a house, to be conducted by Complete Inspection Services, Inc. The inspection, and the inspection report, are confidential, and are made for the sole benefit of you, the customer. Under no circumstances shall the inspection or report be deemed for the benefit of any third party, nor shall it constitute a warranty of any nature, express or implied.

What is a Home Inspection? What is a Home Inspector? A home inspection is a limited visual inspection by a home inspector of the basic components of a home. A home inspector is a generalist who has a working knowledge of the basic components and systems of a home. We are not experts in any field. The purpose of this one time inspection is to identify (if possible) and disclose visually observable major deficiencies of the inspected systems and items that exist, as defined by the Texas Real Estates Commission’s Standards of Practice for property inspectors, at the time of inspection only.

What We Inspect and How: The inspection that is being done under this agreement will conform to the standards of the Texas Real Estate Commission’s Standards Of Practice, copies of which are available upon request.

This inspection is a limited, one time visual inspection and is not intended to be technically exhaustive. No engineering sciences are used. Although care will be taken in the performance of the inspection, the customer acknowledges that the report and analysis will be based upon brief, limited observations of the visible and apparent condition of the building and its major components. The customer further acknowledges that Complete Inspection Services, Inc. makes no representation regarding latent or concealed defects, and that failure of the building and/or its components can occur at any time, including the day after the inspection.

The cursory limited visual inspection intends to reduce risk but will not eliminate risk, therefore the inspection to be done will not identify all repair needs or hazards, be they in accessible or inaccessible areas. When inspection(s) of any system or components is limited or designated as not inspected due to inaccessibility or for any other reasons, findings should be considered partial or incomplete until further evaluated by a qualified repair person prior to closing. Since this inspection is based upon visual observations made on one day during a limited time period, Complete Inspection Services, Inc. cannot be responsible for any condition affecting any system or component which is intermittent and not detectable during the inspection. The inspector will not light pilot lights, activate the main water shut off valve, gas or electric systems, energize electrical circuits which are off or otherwise operate systems or components other than normal user controls.

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Although code compliance and engineering evaluation are specifically excluded from the inspection, some codes may be used for educational purposes only. The report is prohibited from being used for Home Warranty (Residential Service Contracts) or Insurance Underwriting purposes. The inspection services to be provided are further defined and limited by the report and any attached addenda.

What We Do Not Inspect: Components not normally visible or obstructed at the time of the inspection, and components not mentioned in the report are specifically excluded from the inspection and report. Complete Inspection Services, Inc. does not bore, pry or otherwise invade any physical structure. The customer acknowledges that the inspector will not observe every square inch of the house, and that the inspector could fail to see or note a defect. Roofs of 2 story or taller buildings are only inspected from the ground with binoculars if roof is visible.

Cosmetic items including, but not limited to, paint, other finish treatments, floor coverings, minor cracks in walls or windows, and window treatments are excluded. Other items that the inspection will not cover unless specifically stated in the report are underground utilities, wells/springs, solar systems, underground items, pools, septic tanks, elevators, environmental hazards, playground equipment, security systems, sprinkler systems, central vacuum, fuel tanks, drain fields, personal property, detached structures, fuel quality, defects unobserved and cesspools. Inspection of these excluded items should be performed, detected and evaluated by other specialist of your choice and hire. No report is made on safety, security, insurance, or the advisability or inadvisability of purchase of the property.

The inspection and report do not address and are not intended to address the possible presence or danger from any potentially harmful substances and environmental hazards, including but not limited to, lead, urea formaldehyde, toxins, carcinogens, mold, mildew, asbestos, flammable substances, and contaminants in soil, water, or air.

We do not inspect for the presence or absence of wood-destroying organisms. Wood-destroying organisms include, but are not limited to: termites, other wood-destroying insects, as well as fungus and/or molds. Simply put, if it’s a living thing, and it can damage or destroy wood, it shall be deemed a wood-destroying organism for the purpose of this contract. The customer agrees to obtain a separate Wood Destroying Insect Report before closing. Home maintenance issues are not part of the inspection or report.

The Customer agrees to read the entire report. We urge you to call us at any time for an explanation of any items in the report that you do not understand.

What Words In the Report Mean: The terms ‘adequate’ and ‘functional’ as contained in the inspection report mean that in the opinion of the Inspector, based solely on visual inspection of conditions at the time of the inspection, that the item is performing its intended function (i.e. the refrigerator keeps food cold, the water heater heats water.) These terms should not be taken to mean that the item is in “like new” condition. Words such as “good” or “excellent” do not appear in the report. They are not used in any of our reports.

No Reliance on Oral Statements: Parties agree that the written report constitutes the sole source of opinions and communications by Complete Inspection Services, Inc. on which the Client may rely. Client agrees that no representation, statement or communication by a Complete Inspection Services, Inc. inspector is binding unless it appears in writing in Complete Inspection Services, Inc.'s PROPERTY INSPECTION REPORT.

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Arbitration of Disputes: If a controversy or claim related to this contract, the inspection or the inspection report arises, it shall be filed within a reasonable time after discovery of the problem and shall be settled by arbitration administered by American Arbitration Association under its Construction Industry Arbitration Rules. Only TREC licensed Professional Real Estate Inspectors with a minimum of 5 years home inspection experience will be eligible to serve as the arbitrator. Judgment upon the award rendered by an arbitrator may be entered in any court having jurisdiction thereof. In any arbitration or other legal action in which we are found to be without fault, you agree to reimburse us for any attorney's fees incurred in our defense of the proceeding.

Certificate of Merit: The client shall make no claim of professional negligence unless the client has first provided and the Inspector with a written certification executed by an independent Texas Licensed Professional Real Estate Inspector currently practicing in the area of house inspections in the Greater Houston Area for home buyers. The certification shall: a)contain the name and license number of the certifier; b)specify the acts or omissions that the certifier contends are not in conformance with the standard of care for a Licensed Professional Real Estate Inspector performing professional services under similar circumstances; and c)state in detail the basis for the certifier’s opinion that such acts or omissions do not conform to the standard of care. This certificate shall be provided to Complete Inspection Services, Inc. and the Inspector not less than thirty (30) days prior to the presentation of any claim, or the institution of any arbitration or legal proceeding. This certificate of merit clause will take precedence over any existing state law in force at the time of the claim or demand for arbitration.

Your Risk, if You Copy the Report to Others: The inspection report is not intended for use by anyone other than you, the undersigned and should not be given out to anyone without express written permission from Complete Inspection Services, Inc.. You agree to indemnify and hold harmless Complete Inspection Services, Inc. and its employees and officers for all costs, expenses and legal fees incurred and arising out of any legal proceeding to which you are a party, brought by any third party who claims he/she relied on representations made in such inspection report and was damaged thereby; and/or any third party who has brought an indemnity action against V.I.P. Inspections and its agents and employees. Clients who are having their home inspected before the 1 Year Builders Warranty expires or at the Final Inspection may provide a copy to the Builder or Builders warranty dept. for repairs to be made.

Fees and Your Responsibility To Pay: You also agree to pay all expenses incurred by Complete Inspection Services, Inc. to obtain payment from you in the event that a check or other payment you paid us is invalid for any reason. It should be understood, whether you buy the home or not, that payment is due at or before the time of the inspection and no fees will be refunded if you do not buy the home for any reason.

LIMITATION OF INSPECTION AND LIABILITY: The inspection is offered for a limited, fixed fee and is performed within a limited amount of time. Our liability, therefore, is limited, specifically by the following terms and conditions. Limitation of Inspection: Since the inspection procedure is visual only and is not intended or designed to be diagnostically and/or technically exhaustive, an inherent risk remains that undiscovered problems exist and/or future problems will develop. For these reasons, it is not intended to be, nor should it be implied, that the inspection process could or is intended to identify and/or discover all defects of whatever nature.

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Client agrees not to rely on the report as the basis for the establishment of property values, for the purchase of the building or for obtaining any type of financial arrangements. Client acknowledges that I am not an insurer and it is not the intent and/or purpose of this inspection procedure to provide Client with a risk-free purchase or usage of the structure. The purpose of this inspection is to identify (if possible) those items covered by the TREC Standards of Practice which appear in need of immediate repair and which lend themselves to discovery by a visual process; therefore, there are no expressed or implied warranties that all problems and/or existing defects of any and all nature have been discovered and noted in the report.

Maximum Liability: Since this is a preliminary visual inspection, it is not possible to eliminate all risks involved in the purchase and/or ownership of the subject property. Client agrees, to the fullest extent provided by law, that my liability for all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert witness fees and costs, that the total aggregate liability of Complete Inspection Services, Inc. (or the company employees or assignees) to the client shall not exceed the amount of the fee paid for the inspection and report. This limitation shall apply regardless of the cause of action or the legal theory pled or asserted specifically including, but not limited to, negligence.

Missing Reports: Client agrees to contact Complete Inspection Services, Inc. if the inspection report has not been received within 48 hours of the end of the inspection. Client will contact me by FAX at 281 360 8613 and by email at rick@houston-home-inspections.com to inform us the report has not been received.

Following the Inspector: Complete Inspection Services, Inc. encourages all of its Clients to be present during the inspection. However, there are dangerous areas of the home that the Client should not attempt to follow the inspector into. For example, the attic, crawlspaces (if present) and onto the roof (if accessible). We advise you that you should not attempt to follow the inspector into these areas, or other areas where the Inspector informs you it is not safe. Should you disregard this advice, by signing this agreement, you agree to hold harmless Complete Inspection Services, Inc. and its Inspectors for any damages or injuries sustained by you or any bystanders. Attics, crawlspaces and roofs are dangerous and severe injury or even death can occur if you follow an Inspector into these areas. You enter these areas at your own risk and by signing below agree to take full responsibility for your actions should an accident occur, regardless of fault.

Condo’s and Townhouses: Common areas of Condominiums and Townhouses are excluded from this inspection and report. We recommend you contact the Condo or Townhouse (if applicable) Owners Association concerning these areas. Unless the roof can be safely accessed (as deemed by the Inspector) through the building or via a walk out attic, rooftop A/C’s are not inspected.

Last of the Fine Print: Headings (such as Last of the Fine Print) are intended for convenience only and are not to be considered in construing this instrument. In case any one or more provisions contained in this agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. This agreement shall be governed by the laws of the State of Texas. This agreement sets forth the entire understanding of the parties and no prior or subsequent agreements, oral or otherwise shall be of any force and effect. The performance or execution in whole or part of this agreement shall not constitute a waiver thereof.

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BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS CONTRACT, THAT I WILL READ THE REPORT AND ALL ATTACHMENTS BEFORE PURCHASING THE PROPERTY, THAT I UNDERSTAND THE TERMS AND CONDITIONS CONTAINED HEREIN, SPECIFICALLY INCLUDING THE CLAUSE TITLED ARBITRATION OF DISPUTES AND THE SECTION TITLED LIMITATION OF INSPECTION AND LIABILITY, AND THAT I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND TO PAY THE STATED INSPECTION FEES BEFORE OR AT THE TIME OF INSPECTION.

Date Inspection was booked: ______/_______/______

Date of Inspection: ______/______/_____

Address of property to be Inspected:

_________________________________________________________________________________

Inspector: _____________________________

Sign:________________________________________

Customer (print): ________________________________________

Customer Signature:_____________________________________
(signature acknowledges receipt of a copy of the agreement) (if this is a joint purchase, signature represents authority to sign for all parties)

Home Inspection FEE: $ __________

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