CONTRACT
Scheduling/Confirming a service appointment also confirms the below:
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CANCELLATIONS:
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Any cancellation less than 24 hours of the scheduled appointment will result in a $100 cancellation fee. This fee may be applied to your next appointment.
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ATTENDANCE During Inspection:
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Note - New Rules for 2025: Many buyers bring other folks (such as contractors, friends and family) with them to the inspection and/or show up early; due to the rising cost of insurance in Texas we can no longer permit anyone except the buyer(s) and the buyer(s)' agent to arrive at the scheduled walk through time. Below is a note directly from TREC's approved 2025 Continuing Education Textbook:
The inspector is at the property to perform an inspection for a client, not to coordinate other professional services. If the inspector permits access to the property to anyone other than the client, then the inspector may be held liable for any damages or actions by anyone that the inspector has granted access to. Only the property owner may grant permission for someone to access the property. It can be challenging when a client asks their friends and/or family to come view the property during an inspection. This is beyond the scope of the inspector’s authority or permission when it comes to granting access to a property. If the client would like their friends and family to see the property, they should schedule a time with their agent to obtain access from the property owner.
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GENERAL SERVICE AGREEMENT FOR NOTABLE INSPECTIONS:
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Below is the General Service Agreement for Notable Inspections:
Please keep in mind that, with the exception of new constructions, nearly every component in a home is in used condition and shows normal wear and tear.
Notable Inspections' inspectors are not specialized in any particular item, and therefore do not provide repair cost estimates, make recommendations on the value of the structure, or advise on whether to purchase the property.
Notable Inspections will conduct an inspection to inform you, the Client, of major property deficiencies. The written report is the joint property of the Client and Notable Inspections. It may not be used or transferred to another party without mutual consent from both the inspector and the Client.
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1. Notable Inspections will perform the inspection in accordance with the Texas Real Estate Commission's Standards of Practice.
2. The inspection aims to identify and disclose visually observable major deficiencies of the inspected systems and items at the time of the inspection only. The Inspector will not determine the life expectancy or future performance of any system or component, nor will they report on systems, items, or conditions that are not readily accessible. Detached structures are not included unless specifically agreed upon.
3. This inspection is not technically exhaustive and should not be considered a guarantee or warranty, either expressed or implied, regarding the property's condition. The Inspector is not responsible or liable for any repairs or replacements. Notable Inspections is neither a guarantor nor an insurer.
4. The inspection and report do not address code and regulation compliance, or the presence of or danger from asbestos, radon gas, lead paint, urea formaldehyde, mold, fungus, soil contamination, or other indoor and outdoor substances. This inspector is not a structural engineer. Visual observations will be made regarding the foundation, but exacting measurements or predictions about future movement are beyond the scope of this inspection. Contact a qualified specialist if you need more information, identification, or testing.
5. Any disputes regarding the interpretation of this Agreement or the Inspection Report shall be resolved through mediation or binding arbitration, in accordance with the Construction Arbitration Services, Inc. The inspector can collect all defense expenses from the client if found innocent of negligence, errors, or omissions should mediation, arbitration, or litigation become necessary.
6. Notable Inspections will conduct the inspection in accordance with TREC Standards of Practice, providing as much information as reasonably expected. We commit to direct and fair inspection, discussion, and reporting methods, and expect fairness from our clients as well. Please share any prior knowledge or specific concerns about the home with the inspector. Notify us and allow property access for inspection before repairs are made for any problems discovered after moving in that you believe should have been reported, unless it’s an emergency. All items listed in the report should be repaired or evaluated by a licensed professional before closing. Repair prior to closing will help reduce the possibility of unexpected expenses related to repairs.
7. The Customer agrees that any damages for breach of contract or report are limited to the inspection fee amount. Any controversy or claim between the Customer and Notable Inspections arising from the interpretation or breach of this Agreement shall be mediated in good faith before filing suit for damages. If the Customer sues on this contract but does not prevail, they agree to pay the Company's reasonable attorney's fees.
8. The invalidity of any part of this Agreement shall not affect the validity of the remaining parts. The Customer acknowledges that this Agreement, along with the descriptions provided, constitutes the complete agreement with Notable Inspections. No representative of Notable Inspections or the Customer can change this Agreement unless it is in writing and signed by an officer of Notable Inspections. Only the items written in this Agreement will bind the Customer and Notable Inspections.
9. The Customer waives the property condition addendum and agrees to the Agreements and Limitations herein by accepting this Report or relying on any of its contents. The Customer will not allow anyone to use or rely on this report without prior written consent from Notable Inspections.
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We do not inspect or report on certain parts, components, and systems due to the following reasons:
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1. The Standards established in Rule 535.227-535.231 of the "Rules of the Texas Real Estate Commission" do not require inspectors to inspect any part, component, or system listed as a specific limitation or in subsection (h) as an optional inspection.
2. We are not qualified to inspect the item.
3. The item is inaccessible.
4. The customer has agreed that the item should not be inspected.
5. The item could not be inspected due to circumstances beyond the inspector's or engineer's control.
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Unless specifically reported, these items which we did not inspect are as follows:
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A. Any part, component, or system that we are not required to inspect according to Rule 535.227-535.231 (Standards of Practice) of the "Rules Of The Texas Real Estate Commission," including specific limitations in subsections (e)-(h) or items listed in subsection (h) as optional inspections. B. Thermal windows other than those fogging at the time of inspections. C. Temperature and pressure relief valves. D. Cosmetic features of any item. E. Any Item we cannot see in a normal inspection i.e.: We do not move furniture, insulation, rugs, paintings, or appliances. We do not uncover buried pipes or items we cannot see which wall or floor coverings cover. F. Appliances (other than those specified). G. Swimming pool or sprinkler system when outside temperature is below 32¡ degrees. H. Pool Sweep. I. Fences and gates. J. HVAC other than built-in units. K. Flood plain location. L. Roof decking and composition over wood or wood over composition constructions. M. Alarms. N. Hidden damage to heat exchangers O. Operation of gutter, French drains, and area drains.
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