TERMS, CONDITIONS AND SCOPE OF BUYER’S HOME INSPECTION

PARTIES : This arrangement for work is between the buyer or prospective buyer of the below referenced premises (hereinafter referred to as “Client”) and Fidelity Inspection & Consulting Services, Inc. (hereinafter referred to as “FICS”).

BENEFICIAL PARTY EXCLUSIVITY : any inspection coordinated and all reports issued by FICS will be prepared for the exclusive benefit of Client.

ACCEPTANCE: the signing of the document indicates acceptance of all terms conditions and scope of work as outlined below. Client has read this document and agrees to be bound by its provisions.

SCOPE OF WORK: FICS will coordinate a limited, visual inspection of readily visible and accessible areas and systems of the primary structure, relating to the exterior perimeter, HVAC systems, plumbing mechanical and electrical systems of the building and issue a report with a personal opinion as to whether or not the components of the building are performing the function for which they were intended or are in need of immediate repair. Any repair recommendation will not be all encompassing, nor is able to be. It will be limited to the areas reported by the inspector. The inspection company will report on the overall condition of the subject premises. The report is not to be used for determining the value of the premises or whether it should be purchased. It is not to be construed as a warranty or guarantee of the premises or the equipment therein or the fitness for a specified use. Every item in any house (with the exception of new homes), is in used condition and has ordinary wear and tear. Further, older structures do not meet the same standard as newer ones, although items in both might be performing as they were intended.

REPORTING: the components of major systems and the standards of conduct of the inspection are according to the “Standards of Practice and Code of Ethics” of the American Society of Home Inspectors, Copyright 2000. While these items are inspected following the “Standards of Practice,” and their performance and condition are rated as “Acceptable,” “Not Present,” “Not Inspected,” “Marginal,” or “Defective.” While many aspects of each component are inspected, for ease and clarity of reporting, all may not be defined and described in complete detail on the written report.

LIMITATIONS: any item or area that cannot be seen in the course of a normal inspection will not be covered in the findings of the inspection report. For example, furniture, rugs, paintings, flooring, etc., will not be moved. Further, repairs or remodeling may hide evidence of prior damage or defects. Equipment will not be dismantled to inspect component parts. You are encouraged to ask the seller(s) about repairs, obscured items, or previous problems. Our inspectors are not specialists for any particular item. FICS uses “general” home inspectors. If an item is reported to not be performing its intended function or needs repair, you should have that item examined by a specialist before purchasing the property. The inspector cannot determine violations of construction, plumbing, electrical, mechanical or similar codes and ordinances and that the inspector’s report represents a subjective determination of the condition of such items at the time and place the inspection was conducted. Any estimates relating to the age of any components and/or design life are approximate. As a courtesy, the inspector may include an “Estimated Cost to Cure.” The estimates are provided as a courtesy only and are not guaranteed. You are encouraged to have a qualified specialist make additional inspections or evaluations of the items in question, to determine an exact cost to repair or replace prior to your purchase of the property. Any item not listed in the report will not have been inspected and should not be assumed to be either good or bad condition.

“GENERAL HOME INSPECTION” DOES NOT INCLUDE ALL ITEMS : it is not an environmental inspection. Examples of items that are not a part of the inspection include, but are not limited to: mold/mildew, lead paint, asbestos, radon, toxic or flammable materials, refrigerators, freezers, remote overhead door transmitters/receivers, floor coverings, wall coverings, free standing kitchen appliances, laundry appliances, water conditioners, underground storage tanks, driveways, tennis courts, play ground equipment or other recreational or leisure appliances, and self cleaning or continuous-cleaning capabilities of ovens. A separate wood destroying organism/insect inspection report, and/or radon measurement will be performed, if contracted separately. Specifically excluded in this report is any inspection or observations relating to insects, such as fleas, ticks, cockroaches, bees, mites, and wood destroying insects or organisms, or rodents of all types, etc.

PROMPT NOTIFICATION of DISPUTES: Client will notify FICS immediately if Client is aware of any disputes or threatened litigation relating to the inspection. Client acknowledges that the condition of the premises will change over time. FICS is not liable for inspections performed more than one year prior to the dispute or litigation. Any and all complaints must be submitted to FICS in writing so that notice will be received by Company within seven (7) days after the later of the date on which the potential problem was discovered or the date on which it should have been discovered using ordinary care.

ACCESS TO ACT UPON COMPLAINT : there are NO warranties or guarantees associated with the inspection. NO complaint will be considered without providing FICS sufficient time to conduct a re-inspection prior to Client initiating or authorizing any repairs or replacement any items(s). The ONLY ACCEPTABLE EXCEPTION would be in a case of extreme emergency or life threatening situation, and then, only enough to provide temporary relief of the imminent danger, and notice to FICS within 24 hours of such action. If FICS is not granted a sufficient opportunity to re-inspect the premises, then any and all claims against the parties will be waived, and Client agrees to release FICS and the inspection company and forfeit any potential recovery.

RECOVERY: no suit or action shall be brought against FICS or the inspection company by any third-party at any time beyond one year after the accrual of the cause of action itself. If someone other than the Client make any claim or file any lawsuit against FICS or the inspection company for failure of its services hereunder in any respect, Client agrees to indemnify, absolve and hold harmless FICS and the inspection company from any and all claims and lawsuits including the payment of all damages, expenses, costs and attorney’s fees. In all cases the liability of FICS shall not exceed the cost of the inspection. In a case where any claim or action at law is filed against FICS or the inspection company Client shall pay all damages, expenses, costs, and attorney fees of FICS or the inspection company, if judgment in full is not rendered against FICS or the inspection company and in favor of the plaintiff. If there is a claim, then all parties agree to submit to BINDING ARBITRATION in accordance with the Construction Industry Arbitration rules of the American Arbitration Association. Any and all actions at law shall be brought in the County of Bucks, State of Pennsylvania.

NO WARRANTY: THERE IS NO WRITTEN OR ORAL WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND, OR GUARANTY OR INSURANCE WITH RESPECT TO THE CONTINUED SOUNDNESS OF ANY ITEM OF CONSTRUCTION, THE USUAL LIFE OR ADEQUACY OF ANY ITEM, THE FUTURE PERFORMANCE OF ANY ITEM, OR PAST OR POTENTIAL DEFECTS OF ANY EQUIPMENT OR APPLIANCES INSPECTED.

Buyer Signature: ______________________________________ Date: ____/____/_______

Buyer Name: ______________________________________

Inspected Premises Address: ________________________________________________