Inspector name : Sam Thomas                                              Sam Thomas Home Inspections, LLC 

Company Address : 3920 Schirtzinger Road                                 Email:

City: Hilliard State : OH Zip : 43026                                    Fax: 614.876.5937    Telephone :  614.843.9386                                                                             

THIS INSPECTION AGREEMENT IS INTENDED TO BE A LEGALLY BINDING CONTRACT

PLEASE READ IT CAREFULLY

1. THIS AGREEMENT, made and entered into on_____________ by and between the above named Client and the undersigned, Sam Thomas Home Inspections, LLC, hereafter referred to as "Inspector". Inspector will conduct a visual inspection of the Property only. The inspection is performed in accordance with the Standards of Practice of the American Society of Home Inspectors (ASHI®) and in accordance with any applicable State of Ohio specific standards. This is not a Building Code inspection, title examination, nor a By-law compliance inspection. The Inspector does not offer an opinion as to the advisability or inadvisability of the purchase of the property, its value or its potential use. The inspection fee is based on a single visit to the property; additional fees may be charged for any subsequent visits required by the Client. If the Inspector is called upon to prepare for litigation or give testimony as a result of the inspection, additional fees shall be charged at the Inspector's then current hourly rate for any time spent, including, but not limited to, research, consultation, additional inspection time, preparation of reports, travel, time waiting to testify, and court appearances.

2. The Client will receive a written report of Inspector's observations of the accessible features of the Property. Subject to the terms and conditions stated herein, the inspection includes the visual examination of the home's exterior including roof and chimney, structure, electrical, heating and cooling systems, insulation, plumbing, and interior including floors, walls, ceiling and windows; it is a reasonable effort to disclose the condition of the house based on a visual inspection. Additionally, Inspector will functionally operate major built-in appliances. Conditions beyond the scope of the inspection will not be identified. No engineering services are offered.

3. This Inspection Report is based on the condition of the Property existing and apparent as of the time and date of the inspection. Not all conditions may be apparent on the inspection date due to weather conditions, inoperable systems, inaccessibility of areas of the Property, etc. Without dismantling the house or its systems, there are limitations to the inspection. Throughout any inspection, inferences are drawn which cannot be confirmed by direct observation. Clues and symptoms often do not reveal the extent or severity of problems. Therefore, the inspection and subsequent Inspection Report may help reduce the risk of purchasing the property; however, an inspection does not eliminate such risk nor does the Inspector assume such risk. While some of the less important deficiencies are addressed, an all inclusive list of minor building flaws is not provided. Inspector is not responsible nor liable for the non-discovery of any patent or latent defects in materials, workmanship, or other conditions of the Property, or any other problems which may occur or may become evident after the inspection time and date. Inspector is not an insurer nor guarantor against defects in the building and improvements, systems or components inspected. Inspector assumes no responsibility for the cost of repairing or replacing any unreported defects or conditions, nor is Inspector responsible or liable for any future failures or repairs.

4. Unless prohibited by applicable law, Inspector and its employees are limited in liability to the fee paid for the inspection services and report in the event that Client or any third party claims that Inspector is in any way liable for negligently performing the inspection or in preparing the Inspection Report, for any breach or claim for breach of this Visual Inspection Agreement or for any other reason or claim. The inspection report is provided solely for the benefit of the Client and may not be relied upon by any other person. The Inspector will not review any other inspection report prior to preparing the Inspection Report provided pursuant to this Agreement unless a copy of the prior report is provided to the Inspector prior to the beginning of the inspection. The Client shall not rely on any other inspection report prepared at any time by the Inspector that is not prepared for or addressed to the Client.

5. Inspections are done in accordance with ASHI® Standards, are visual, and are not technically exhaustive. The following items are specifically excluded from the inspection: water softening systems, security systems, telephone and cable TV cables, timing systems, swimming pools and spas, underground or concealed pipes, sewer lines, septic systems, electrical lines and circuits, central vacuum systems, central air conditioning when outside temperature is below 65º F or 18º C, and any other condition, item, system or component which by the nature of their location are concealed or otherwise difficult to inspect or which the Inspector cannot visually examine. Excluded is the assurance of a dry basement or crawl space; also excluded is the assurance that double and triple pane glazing seals in windows are intact. Inspector will not dismantle any component or system; full evaluation of the integrity of a heat exchanger requires dismantling of the furnace and is beyond the scope of a visual inspection.  Equipment, items and systems will not be dismantled, nor furniture, appliances or storage be moved to conduct this Inspection. The standards of conduct of the Inspection are governed by the "Standards of Practice and Code of Ethics" of "THE AMERICAN SOCIETY OF HOME INSPECTORS, INC.". Client acknowledges that he has been provided a copy of the Standards of Practice.

6. Excluded Tests. Inspector will not conduct geological tests; will not inspect inaccessible or concealed areas of the Property; will not enter dangerous areas of the Property; will not inspect for environmental concerns such as hazardous substances or gasses, including but not limited to, radon gas, asbestos, formaldehyde; or for pests such as wood destroying organisms, insects, rodents; fungus including but not limited to mold and mildew. 

7. Sampling. Inspector examines a representative sample of components that are identical and numerous, such as electrical outlets, bricks, shingles, windows, etc., and does not examine every single one of these identical items, therefore, some detectable deficiencies may go unreported.

8. Limitations on Defects. The inspection excludes defects such as cracking, leaking, surface discolorations, or landslides resulting from hidden defects, including but not limited to, water leaks, land subsidence, or other geological problems. The inspection also excludes merely cosmetic features, including but not limited to, paint, wall coverings, carpeting, floorings, paneling, lawn, and shrubs. The Inspector is not required to determine property boundary lines or encroachments.

9. Statute of Limitations. Any claim must be presented to Thomas Home Inspections, LLC. within ninety (90) days from the date of the inspection or thirty (30) days after taking possession of the property, whichever is later, but in no event later than one hundred twenty (120) days from the date of inspection; Inspector shall have no liability for any claims presented one hundred twenty (120) days after the date of the inspection.

10. Indemnity. In the event any person, not a party to this agreement, shall make any claim or file any lawsuit against Inspector regarding its Inspection of property hereunder in any respect, client agrees to indemnify, defend and hold Inspector harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorneys' fees.

11. Right to Examine. In the event of a discrepancy, dispute or claim arising from this Inspection, the client agrees to promptly notify Inspector in writing by U.S. Certified Mail. Client Guarantees Inspector the right to examine the subject matter of any claim, prior to the client's performance of any remedial action (unless of an emergency nature, or for safety of persons or property). This is a condition precedent to clients claim.

12. Entire Agreement & Amendments. This Agreement constitutes the entire Agreement between the Client and Inspector. All prior statements and representations, whether made prior to or during the Inspection, shall be merged into the written Agreement and Report and superseded thereby. Any amendment or modification of this Agreement shall be in writing and shall be signed by all the parties hereto. Any additional inspections are to be performed subject to the terms and conditions of this Agreement, except for charges for such additional Inspections.

13. Governing Law. This contract shall be governed by and construed according to the laws of the State of Ohio.

14. Headings. The heading of the several paragraphs hereof are for convenience only and shall not be construed to be a part of this agreement.

15. Arbitration Provision. Any dispute between the parties, including their agents, representatives and/or employees, whether in tort or contract, shall be settled by arbitration before the American Arbitration Association. The standards of practice of The American Society of Home Inspectors shall be the standards used to arbitrate any dispute.  In the event that any dispute arises out of the Inspection or Report, and proceedings are commenced by the Client, if the Client is unsuccessful in maintaining the claim, then the Client shall be liable to the Inspector for all charges, expenses, costs and legal fees (on a lawyer and client basis) incurred by the Inspector on a complete indemnity basis, including a reasonable fee for all the time spent by the Inspector or Inspector's personnel in investigating, research, preparation for, and attendance at court hearings and examinations.

16. Visual Inspection Report. The instructions provided below from the client regarding who is to receive a copy of any inspection report and the mail address or email address where the report is to be sent will be followed. The "Inspection" is completed at the property and reported in writing. The term "Report" as used in this agreement means it contains all recommendations and remarks. Any oral representations are not to be relied upon nor form a part of the report. We encourage your attendance and participation and sincerely wish you not delegate this responsibility to others. Accompanying your inspector is at your own risk. 

THE VISUAL INSPECTION REPORT DOES NOT CONSTITUTE A WARRANTY, GUARANTEE OR INSURANCE POLICY OF ANY KIND. THERE ARE NO WARRANTIES MADE AGAINST ROOF LEAKS, WET BASEMENTS, OR MECHANICAL BREAKDOWNS. THE REPORT IS A PROFESSIONAL OPINION BASED ON A VISUAL INSPECTION OF THE ACCESSIBLE AREAS AND FEATURES OF THE PROPERTY AS OF THE DATE AND TIME OF THE INSPECTION AND IS NOT A LISTING OF REPAIRS TO BE MADE. THE REPORT IS NOT AN ASSESSMENT NOR IS IT AN APPRAISAL. NEITHER THE INSPECTOR NOR SHREE OM ENTERPRISES LTD. IS ASSOCIATED WITH ANY SELLER, BUYER, CONTRACTOR, LAWYER OR REALTOR. OTHER THAN THE INSPECTION FEE, INSPECTOR HAS NO FINANCIAL INTEREST IN THE PROPERTY.

Client Names:________________________________________________________________________   

Property Address:_____________________________________     Contact:________________________

Client Telephone:_________________________    Email: ________________________________________

Delivery instructions: _____________________________________________________________________

Agreed Inspection Fee: $___________________

By initialing here (_______), you authorize us to distribute copies of the Report to the real estate agents directly involved in this transaction, who are not designated beneficiaries of the Report, intended or otherwise.

I hereby authorize the inspection of this Property having read and understood this Agreement:

___________________________________________________ ______/______/_____________

Signature of Client or Client's Representative Date Signed (mm/dd/yyyy)

___________________________________________________  ______/______/_____________

Signature of Authorized Inspector