This contract is an agreement between the client listed below, and 10071357 Manitoba Ltd DBA Home Inspections by Les, to perform an inspection of the home or building listed below according to the “Standards of Practice” of CAHPI Canada. These standards of practice inform you of what a home inspector should report, and what is not expected of the home inspector to report. This inspection is a limited visual inspection as a generalist. Areas that are inaccessible are not part of this inspection including but not limited to: behind walls, furniture, under rugs, inaccessible areas and below soil. The client signing below assumes all risk for potential problems or conditions including those areas not accessible by the inspector. The Client assumes all risk for problems noted in this report that may reveal further damage during a repair or further investigation by a qualified professional. Your signature (by pen or electronically), is your acceptance of these terms and conditions. A home inspection is not technically exhaustive and the inspector does not dismantle or perform testing that is destructive. The inspector is limited by this inspection agreement and cannot be expected to find or discover all defects in this building.
The purpose and scope of this inspection is to provide you with a better understanding of the property’s condition as observed at the time of the home inspection. It will include an inspection of: Structural Components, Exterior, Roofing, Plumbing, Electrical, Heating, Central Air Conditioning, Interiors, Insulation, Ventilation and built-in kitchen appliances.
Our inspection does not include the inspection or any part of testing or determining whether or not these conditions exist such as: Asbestos, Formaldehyde, Mold or Fungi, or bio-aerosols. Soil or geological conditions. Pools and or equipment related to pools, spas or jacuzzis. Pests or Termites or wood eating insects. Elevators, solar systems. Refrigeration units, water filtration units, security alarms, intercoms, phone, cable, satellite, window treatments or mini-blinds, oven clocks or timers or clean feature, central vacuum solar systems or lightning arrestors. This inspection does not include a test on “Synthetic Stucco” as this is a separate test and contract. Home Inspections by Les will not operate heating or cooling systems in temperatures that may cause damage to the unit. Air conditioning system will not be operated by Home Inspections by Les in outside temperatures of 18 degrees Celsius or less. We do not inspect heat exchanger for cracks. Plumbing and electrical must be turned “on” for the inspection of these areas and components. Well or spring systems, pressure, depth, water level or condition is not part of this inspection. Furnaces, must be “on” or capable of being turned on by using normal operating controls. Pilot lights must be “lit” in order to inspect these components or systems (i.e. gas fireplace, wall heaters). Septic field inspections are not inspected and are not part of this contract. A Home Inspections by Les Inspection does not inspect for code compliance or ordinances. This inspection does not include detached buildings or garages.
The home inspection report is an ” opinion” of Home Inspections by Les. Our interpretation of what is good or fair, may be different than yours. You are encouraged to be present at the time of your inspection so we will both have an understanding of each others perception. The client accepts responsibility for incomplete information if the Client did not attend the inspection. Our purpose is to determine whether or not a system or component (electrical, heating, visible structure etc) is functioning for which it was intended. We are not responsible to determine all that may be wrong with that system or component, just whether or not a second opinion is needed, such as a licensed electrician or HVAC contractor, or any specialist for that field or trade. They determine what steps are necessary to correct. Their troubleshooting may reveal additional items not mentioned in this report. Any item mentioned in the report may need additional inspections by other qualified specialists. It is up to the Client who will be the person signing this contract to seek qualified specialists to investigate further any item or component that is commented on in the inspection report before closing. We are not responsible for items mentioned in this report. We are not a guarantee nor do we guarantee any items or opinions described on this report. This inspection is to reduce the risk of finding a potential problem, not to eliminate them. We are not a home warranty company nor do we carry insurance on warranty claims. It is strongly recommended that a buyer of a home consider purchasing a one year home warranty which is not part of this agreement. The limited liability of the inspector and Home Inspections by Les and the inspection report to the Client, spouse, executors or heirs or administrators are limited to a refund up to the fee paid for this inspection and report.
Should the Client want an inspection that does not limit the liability to a refund of the fee paid for the inspection and report, The Client can receive a technically exhaustive inspection and report without the limitation of a refund of the fee paid. The minimum fee for this type of inspection is $2,700 and up depending upon square feet. This technically exhaustive inspection will be performed with licensed engineers, HVAC, Plumbers, Electricians, General contractors and others depending upon the extent of services requested. If the Client chooses this technically exhaustive inspection, the Client must first call for a quote and request a different contract other than this one.
The Client’s signature below indicates the Client does not want a technically exhaustive inspection without the limits of liability to the inspector or Home Inspections by Les. By payment of our fee and the Client’s signature, the Client acknowledges and understands and agrees to the statements and terms contained herein, and will hold Home Inspections by Les and myself harmless to any claims made. The Client, spouse, executors or heirs or administrators are limited to a refund of the fee paid for this inspection and report. This limitation applies to anyone who claims damages or expenses of any kind incurred due to the errors or omissions in this inspection and report.
The cost of the home inspection is based upon heated square feet of the home to be inspected. Payments must be made at the time of inspection. Home Inspections by Les agrees to provide you with a report within three business days or sooner by providing your email address.
A copy of this report may be sent to your real estate agent representative for you unless you notify us not to send a copy.
Home Inspections by Les MUST RECEIVE A COPY OF THIS AGREEMENT SIGNED BY THE CLIENT BEFORE THE INSPECTION CAN BEGIN (either electronically or physically). If viewing this online, Click on the I agree button below if you agree to the terms and conditions spelled out in the agreement. The inspector and company agrees to this agreement if it is being presented to you online with the I agree button below.
Inspector: Les Tripp
Total Inspection Cost:$375.00+ GST $18.75 = $393.75
This is an Agreement between you, the undersigned Client, and us,10071357 Manitoba Limited DBA Home Inspections by Les, pertaining to our walk-through consultation of the Property at: _______________. The terms below govern this Agreement.
1. The fee for our walk-through consultation is $199.00+ GST $9.95 for a total of $208.95, payable in full at a time [before / after] the walk-through consultation.
2. We will perform a visual walk-through consultation of the home/building and provide you with oral comments summarizing our observations.
A WALK-THROUGH CONSULTATION IS NOT A HOME INSPECTION OR A COMMERCIAL PROPERTY INSPECTION.
We will NOT follow CAHPI Standards of Practice or any state laws pertaining to home inspections.
Our comments will be nothing more than a subjective summary of our initial observations during the walk-through consultation .You may hire us to perform a home inspection or commercial property inspection by signing a separate agreement with us. You understand that CAHPI is not a party to this Agreement, has no control over us, and does not employ or supervise us.
3. We will NOT test for the presence of radon, a harmful gas. We will not test for mold. We will not test for compliance with applicable building codes or for the presence of or for any potential dangers arising from the presence of asbestos, lead paint, soil contamination, or other environmental hazards or violations.
4. Our walk-through consultation and any comments are for your use only. We are not responsible for use or misinterpretation by third parties, and third parties who rely on our comments in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provides the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our walk-through consultation and comments are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.
5. Limitation on Damages. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the walk-through consultation for the agreed-upon fee because you did not want to incur the additional costs a home inspection would require.
6. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, we may inform you of this and you may hire us to perform additional functions. Any agreement for such additional services shall be in a separate writing.
7. Waiver of Right to Sue. Because of the extremely limited nature of our walk-through consultation , you waive any right to sue us under any negligence theory. As long as we perform the walk-through consultation , you also waive any right to sue us for breach of contract. If you nevertheless believe you have a claim against us, you agree to provide us with the following: (i) written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and (ii) immediate access to the premises. Failure to comply with these conditions releases us from liability.
8. Venue / Attorney’s Fees / Waiver of Jury. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the municipality where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney’s fees incurred in defending that claim.
9. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the walk-through consultation.
10. Past-due fees for our walk-through shall accrue interest at 8% per year. You agree to pay all costs and attorney’s fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.
11. You may not assign this Agreement.
12. If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this.
13. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.
14. If you would like a large-print version of this Agreement before signing it, you may request one by emailing us.
I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT, AND I ACKNOWLEDGE RECEIVING A COPY OF IT.
Date of Walk Through Consultation:
Get In Touch
Winnipeg and surrounding areas
Call or text: 204 770 7771