Inspection Agreement

PLEASE READ CAREFULLY BEFORE SIGNING.

This inspection agreement (the "Agreement) is made this day 05/17/2019, by and between PacWest Home Inspections ("Company") and Enrique Castaneda ("Client").

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Company and Client agree as follows:

THIS REPORT IS INTENDED ONLY FOR THE USE OF THE PERSON PURCHASING THE HOME INSPECTION SERVICES.  NO OTHER PERSON, INCLUDING A PURCHASER OF THE INSPECTED PROPERTY WHO DID NOT PURCHASE THE HOME INSPECTION SERVICES, MAY RELY UPON ANY REPRESENTATION MADE IN THE REPORT.

A fee of 450.00 will be payable prior to receiving access to the inspection report of the following address, 562 N 20th Pl, Cornelius OR 97113 on 05/22/2019.

For the sum of 450.00 (the Inspection Fee) paid by Client to Company on or before the date of the inspection, Company will (a) perform a limited, non-invasive, visual inspection of the readily accessible installed systems and components of the property located at 562 N 20th Pl, Cornelius OR 97113 (the Property) as such systems and components exist at the time of the inspection (the Inspection) and (b) prepare a report setting forth Company's findings (the Report).  The Report is only supplementary to any required seller's disclosure.

Unless otherwise noted in this Agreement or not possible, Company will perform the Inspection in accordance with (a) the Home Inspector Standards of Practice and Behavior promulgated by the State of Oregon, as set forth in Division 8 of the Oregon Administrative Rules, Chapter 812 (OR SOP) and (b) the Standards of Practice prepared by the American Society of Home Inspectors (ASHI SOP). In the event of any conflict the OR SOP will govern.  A copy of the OR SOP can be found at www.oregon.gov/CCB/Documents/pdf/812-oar.pdf.  The ASHI SOP can be found at http://www.homeinspector.org/Standards-of-Practice.  Copies of both SOPs will be included in the Report.  THE INSPECTION WILL NOT INCLUDE A WOOD DESTROYING ORGANISM INSPECTION UNLESS SPECIFICALLY STATED HEREIN.

The Home Inspector's report is an opinion of the present condition of the property. The Inspection and report are not a guarantee, warranty or an insurance policy with regards to the property.

LIMITATIONS AND CONDITIONS OF THE HOME INSPECTION

Specific areas may or may not be inspected based on safety protocols for the inspector set forth by the "Standards of Practice". It is important to know that;

1. An inspector will not walk on any roof he deems unsafe due to height, slope, material, or weather-related conditions.
2. Crawl spaces with any standing water will not be entered.
3. Any inspector entering a confined area with an entrance less than 18 inches by 24 inches may object to entering if deemed unsafe.
4. A crawl space must maintain a height of 16" from joist to floor to be fully inspected.

The inspection will include major functional components of the following house systems if they are present and or accessible:

• - Roofing, Flashing, and Chimneys
• - Exterior, Structure and Electrical
• - Heating and Cooling
• - Insulation and Ventilation
• - Plumbing and Interior

The home inspection will not include mold, asbestos, or lead testing unless added as an additional service. In that case the home inspector is only there to take a sample and provide it to a laboratory for further evaluation. The home inspector will not evaluate the condition, quantity, or additional presence of any of these substances throughout the house.

The report will discuss the findings and conditions of the home inspection. This will not include statements such no mold present, no pests found, or no dry rot located. If any of these conditions are found they will specifically be noted in the inspection report.

Sewer - If this service is added the following applies.

• A sewer scope inspection is a video camera inspection to inspect the main sewer line (lateral) from the house to the sewer main or sewer service point of the property. 
• The line is accessed through a clean out or access point in the home, which could include a basement/crawlspace clean out, or a roof vent. The inspector will determine the best access point, and the report will outline where the line was entered. 
• In some cases when a clean out is not accessible, the inspector may choose to use a smaller camera scope. This will allow access through smaller lines but may offer reduced visibility while in the sewer lateral. 
• This Agreement is for inspecting the sewer lateral only. We are not responsible for correcting or repairing sewer lateral issues. As a courtesy, we may offer comments related to the repair work, but these will not obligate us to create or implement a repair plan or provide any quotes.
• The inspector will make his best assessment to the line quality based on the video images. The camera inspection does not scope any drain lines in the home or all the drain lines running underneath the basement slab for example. The intent is to inspect the lateral that runs from the house to the final service point, and to inspect this buried lateral for defects.

Radon - if this service is added the following applies.

• We or our subcontractor will test for radon at the property to measure the radon level in the air by the use of an approved Radon testing device. This will require a minimum of 46 hours per Oregon regulation, but may take longer. We will then deliver the testing results in a timely manner with a written report attached to the inspection report. This generally is within the same business day.
• Radon is a colorless, odorless, radioactive gas that may be harmful to humans. The amount of radon in the air is measured in picocuries of radon gas per liter of air, or pCi/L. While any radon exposure creates some risk to health, the EPA considers a level of 4 pCi/L or higher dangerous and recommends that you take remedial measures to reduce or eliminate radon.
• This Agreement is for testing only. We are not responsible for correcting or mitigating radon issues. As a courtesy, we may offer comments related to radon mitigation, but these will not obligate us to create or implement a mitigation plan or provide any quotes.
• We are not liable for any errors the equipment.
• You will comply with our instructions for the proper testing, detection and analysis of radon gas levels in the property. 
• We are not liable for any negligence or other interference that you or any other person cause.

1) THE INSPECTION IS AN OPINION OF THE PRESENT CONDITION OF THE VISIBLE COMPONENTS.

• A Home Inspection does not include identifying defects that are hidden behind walls, floors or ceilings. This includes wiring, heating, cooling, structure, plumbing and insulation that are hidden or inaccessible.
• Some intermittent problems may not be obvious in a Home Inspection because they only happen under certain circumstances. As an example, your Home Inspector may not discover leaks that occur only during certain weather conditions or when a specific tap or appliance is being used.
• Home Inspectors will not find conditions that may only be visible when storage or furniture is moved. They do not remove wall coverings (including wallpaper) or lift flooring (including carpet) or move storage to look underneath or behind.

2) THE INSPECTION DOES NOT INCLUDE HAZARDOUS MATERIALS.

3) WE DO NOT COMMENT ON THE QUALITY OF AIR IN A BUILDING.

4) WE DON'T LOOK FOR BURIED TANKS.

5) TIME TO INVESTIGATE

• Notice and Waiver.  Any claim arising out of or related to any act or omission of the Company in connection with the inspection of the Property shall be made in writing and reported to the Company within fourteen (14) days of discovery.  The Company shall have fourteen (14) days to re-inspect the issue giving rise to the claim.  The Company must be allowed access to the Property to evaluate the issue before any corrective action is taken.
• After notifying the Company in writing within the time period set forth above, Client may also contact a qualified specialist to make further inspections or evaluations of the issue giving rise to the claim; provided, however, Client agrees that any repairs or corrective action taken without consultation with Company shall constitute a waiver of such claim and shall relieve Company of any and all liability.

6) CANCELLATION FEE / REFUNDS

• If the inspection is cancelled within 24 hours of the appointment time, a cancellation fee of 50% of the inspection fee will apply.
• Any refunds, regardless of the time frame, will be charged a of 5% processing fee.

7) NOT A GUARANTEE, WARRANTY OR INSURANCE POLICY.

•  No Guarantee or Warranty.  Company makes no warranties or guarantees express or implied, including any implied warranties of fitness or merchantability, as part of the Inspection or the Report including, without limitation, that all defects have been found or that Company will pay for the repair of undisclosed defects; that any of the items inspected are designed or constructed in a good and workmanlike manner; or that any of the items will continue to perform in the future as they are performing at the time of the inspection.  Company shall not be liable to the Client for any special, incidental, or consequential damages.
• Limitation of Liability.  The Client agrees that total liability of the Company for any and all damages whatsoever arising out of or in any way related to this Agreement shall not exceed the fee paid to the Company hereunder.
• 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 costs resulting therefrom. 
• Binding on Others Clause. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective spouses, heirs and successors.  If there is more than one Client, the undersigned is signing on behalf of all Clients, and the undersigned represents that s/he is authorized to do so.
• Waiver of Statute of Limitations.  Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this Agreement or arising out of, from or related to the Inspection and Report shall be commenced within one (1) year of the date of the Inspection, without regard to the date the breach is discovered. Any action not brought within that one-year time period shall be barred, without regard to any other limitations period set forth by law or statute.
• Dispute Resolution; Binding Arbitration. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this Agreement or arising out of, from or related to the Inspection and/or Report shall be submitted for final and binding arbitration under the Rules and procedures of the American Arbitration Association. Client agrees to pay all required filing fees. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any court of competent jurisdiction.
• No Rule of Construction. The parties acknowledge that each of them has had ample opportunity for their own counsel to participate in negotiating and drafting this Agreement. Therefore, no rule of construction shall apply to this Agreement that construes ambiguous or unclear language in favor of or against any party. 
• Severability.  If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
• Non-Waiver.  The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
• Integration.  This Agreement constitutes the entire agreement of the parties with respect to the subject matter thereof and supersedes all prior negotiations, agreements and understandings with respect thereto.  This Agreement may only be amended by a written document duly executed by all parties and shall be construed and enforced in accordance with the laws of the State of Oregon.

Client: Enrique Castaneda
Date: 05/17/2019
Address of Inspection: 562 N 20th Pl, Cornelius OR 97113
Inspection Price: 450.00
Inspection Date: 05/22/2019

Inspector: Grant Waller
Inspector Certification: OCHI 1950, CCB 213007
PacWest Home Inspection (License # 213007)