Contract

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Honey Bee Colony Removal

 

This Honey Bee Colony Removal Contract is between ____________________________________________referred to as “Client”

and Its All Better hereafter referred to as “the company”

Building Location:__________________________________________________________________________

Suspected Location of Honey Bee Nest:________________________________________________________________________________________________________________

Home inspectors are licensed by the New York State Department of State. Home Inspectors may only report on readily accessible and observed conditions as outlined in this pre inspection agreement, Article 12 B of the Real Property Law and the regulations promulgated thereunder including, but not limited to, the Code of Ethics and Regulations and the Standards of Practice as provided in Title 19 NYCRR Subparts 197-4 and 197-5 et seq. Home inspectors are not permitted to provide engineering or architectural services; and

If immediate threats to health or safety are observed during the course of the inspection, the client hereby consents to allow the home inspector to disclose such immediate threats to health or safety to the property owner and/or occupants of the property.

Client agrees that the inspection is not required in any area that in the sole opinion of the company or its inspector is not readily accessible or that could be dangerous to the inspector or others or could result in damage to the property, its systems or components.

The inspection services and/or report are not intended to be technically exhaustive, or to imply that every component was inspected, or to imply that every defect was discovered. It is intended to assist the client in evaluating the overall condition of the building. Any item not specifically reported on in the report in not considered to be a part of this inspection.  The client understands and agrees that this inspection and report are not a compliance inspection or certification for past or present governmental laws, codes or regulations of any kind as these codes and regulations are constantly changing. During the inspection the client agrees to be an observer only, due to the risk of injury or death inherent in preforming a home inspection.

The inspection does not include and will not address the presence of or danger from asbestos, mold, radon gas, lead in paint, lead in solder, lead in water, formaldehyde, pesticides, toxic or flammable chemicals, water or airborne related illness or disease, and all other similar or potentially harmful insects, substances or conditions. No water, air, soil, or material analysis of any kind, including those for health or environmental consideration will be performed, unless any of the following test(s): radon, well water flow or quality, septic dye or lead in water or paint are specifically requested, the client signs the company’s agreement form for each test requested in advance and pays the fee set by the company with respective limitation. Also excluded from the inspection and report are the items not required to be observed or reported on as provide in the New York State Standards of Practice for Home Inspectors or Code of Ethics and Regulations for Home Inspectors. Also excluded are septic systems – septic tank – distribution box – lines and leach fields, swimming pools – hot tubs – saunas and all related fixtures – appurtenances – wiring and equipment associated therewith, solar panels, wind turbines, electric generators of any type, above ground and underground storage tanks of any kind and their lines, fire and lawn sprinkler systems, and the confirmed presence or absence of or damage done by pests, rodents, wood borers and other insects, animals and the like. Barns, play sets, sheds, recreational equipment and/or other items and out buildings are also excluded. In the event that a specific condition or substance is identified, it is intended to raise the client’s awareness about that item in particular indication that a more comprehensive analysis may be needed by a qualified expert in that specific field which is not part of this inspection or services provide hereby.

Client agrees that the company and inspector are not responsible for any incidental or consequential damages what so ever. No oral statement made by the inspector or other company representative shall expand the scope or change the terms of this agreement or inspection report. This contract contains the entire agreement of the parties and cannot be modified except in writing signed by both parties. If any portion of this agreement is found to be invalid or unenforceable the parties agree that the remaining provisions are enforceable.

THE INSPECTION AND REPORT ARE NOT A GUARANTY OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE ADEQUACY, PERFORMANCE OR CONDITION OF ANY INSPECTED STRUCTURE, ITEM OR SYSTEM. CLENT AGREES THAT NO ACTION TO RECOVER DAMAGES CAN BE BROUGHT MOR THAN ONE YEAR AFTER THE DATE OF THIS INSPECTION OR OTHER SERVICE, TIME BEING OF THE ESSENCE.

By this inspection Agreement, Client(s) can purchase one of the following inspection service options:

Only the person(s) signing this contract may rely on the inspection and report.  All others are excluded. Payment is due prior to the delivery of the inspection report.

OPTION 1

The company’s General Home Inspection that meets the Standards of Practice, specified in Title 19 NYCRR Subparts 197-4 and 197-5 and Article 12-B of the Real Property Law of New York but to the fullest extent permitted by law, the company’s liability, including that of the inspector(s) if he/she has any, for any loss or damage claimed or suffered by Client(s) which is related to or arises out of the inspection or other services provided at any time, is limited to the amount paid for the inspection and/or other services. The company’s consideration to Client for this limit of liability is specifically reflected in the company’s fees for services under this Agreement as such fees are less than the company would charge for services under an agreement without a limitation of liability. At an additional cost set out in Option 2 below, the Client may, prior to the commencement of services, obtain protection for ful liability arising out of any breach of contract or negligent acts or omissions by the company. The additional charge is not an insurance cost but compensation to the company for increasing its limit of liability. Client is cautioned that if Client chooses not to purchase full liability in Option 2, this is a limited liability Agreement limiting the liability of the company and inspector(s) to the fullest extent permitted by law; therefore, Client is advised to carefully revies Client’s risks of liability related to this Agreement and address such risks through Client’s insurance or other means. By signing at purchase Option 1 below Client expressly consents to the limitation set forth herein.

 

The price of the inspection will be based upon the following charges which the client agrees to:

 

 

Option 1: $________________+ Radon $_______________+ Other $___________= Total $____________

I/we have purchased the General Home Inspection with limitation of liability described above.  One Signature binds spouse, et al, etc.

 

 

_________________________________     ________________     _________________________________

Sign Client Name for Option 1                                Date                           Sign Client Name for Option 1

 

 

_________________________________                                               _________________________________

Print Client Name for Option 1                                                                 Print Client Name for Option 1

 

 

OPTION 2

A home inspection that will be performed according to the same standards of Practice, as specified in Title 19 NYCRR subparts 197-4 and 197-5 and Article 12-B of the Real Property Law of New York with unlimited liability but the fee that must be paid in advance of the inspection being performed is $2,500.00 of one dollar ($1.00 per) per Square foot of the house, basement, garage, and finished attic, whichever is greater.

Option 2: $2500.00 Minimum or $_________+ Radon $_________+Other $_________=Total $_________

By Signing below the undersigned have agreed to pay $2500.00 in advance of the home inspection being preformed or one dollar ($1.00 per) per square foot of the house, basement, garage and finished attic in advance, whichever is greater, for a home inspection with no limitation of liability. One Signature binds spouse, et al, etc.

 

 

Option 2: $________________+ Radon $_______________+ Other $___________= Total $____________

I/we have purchased the General Home Inspection with limitation of liability described above.

 

 

_________________________________     ________________     _________________________________

Sign Client Name for Option 1                                Date                           Sign Client Name for Option 1

 

 

_________________________________                                               _________________________________

Print Client Name for Option 1                                                                 Print Client Name for Option 1