Campbell River
HOUSE & HEARTH
INSPECTIONS
HOUSE & HEARTH
INSPECTIONS
Standard Contract
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250-926-0141
The following contract provisions are provided by ASTTBC and is a Standards requirement;
1. Scope of Services
1.1 The Inspector will perform a visual Inspection of the property (the "Inspection") and
will provide the Client with the Report of the Inspection (the "Report").
1.2 In carrying out the Inspection and the preparation of the Report, the Inspector will conform with
the standard or care, skill and diligence normally provided in the performance of such services in
the province of British Columbia at the time of this Agreement.
2. Scope of the Inspection and Report
2.1 The Inspection is a non-invasive, visual examination of the property and will be performed in a
manner consistent with the "Standards of Inspection" of the British Columbia Institute of Property
Inspectors (BCIPI).
2.2 The Inspection is limited to those areas of the property which are readily accessible at the time of
the Inspection and will not include any areas of the property the Inspection of which requires the
movement of personal property, debris, furniture, equipment, carpeting or the like materials that
may impede access or limit visibility.
2.3 The Inspection will include inspectable items listed in the BCIPI Standards of Inspection
2.4 Some elements of the property will be inspected by a random sample and will be specifically
identified as such in the Report.
2.5 The Inspection will not include any items of the property which require dismantling to be
observed.
2.6 The Inspection of furnace systems and other electrical/mechanical systems and structural
components will only be to ascertain whether such systems appear to be functioning. The
Inspection is not intended to determine the quality, efficiency, lifespan or appearance of such
systems. The Client is urged to obtain advice from certified specialists for specific advice
concerning such systems.
2.7 The Inspection will not include soils, underground utilities, playground equipment, pools, hot
tubs and kitchen appliances, wells/springs, tennis courts, elevators, solar panel systems, septic
tanks, detached buildings, personal property, cosmetic items, drain fields, sprinkler systems,
central vacuum system, water softeners, cesspools, recreational appliances, thermostats/ timers
(not checked for accuracy) and air conditioners, or other such items specified in the Report.
2.8 The Inspection will not address environmental issues including, but not limited to, the existence,
competence or performance of fuel storage tanks or the existence of asbestos, radon gas, lead
paint, urea formaldehyde, toxic or flammable chemicals, water or airborne illnesses or disease.
2.9 The Inspection will not address the presence or absence of vermin including, but not limited to,
rodents, ants or termites nor will it address the presence or absence of dry rot, fungus or other
species of corruption.
2.10 The Report will constitute a summary of the observations made of the listed elements of the
property as of the date and time of the Inspection. The purpose of the Report is to provide the Client
with objective information concerning the property, but it is not intended to be either a guide for
repairs nor as a tool for negotiation in a real estate transaction.
3. Limitations
3.1 The Inspection is not technically exhaustive and is intended only to identify significant defects in
those systems, structures and components of the property exposed to view and apparent as of the
day of Inspection.
3.2 The Inspection is not intended to consider any issues concerning easements, conditions of title,
zoning matters, building or property measurements, value appraisals or the compliance of the
property with any governmental building requirements.
3.3 The Report shall be prepared for the Clients information only and may not be used or relied upon
by any other person unless that person is specifically named in this Agreement as a beneficiary of
the Report, in which case the Report may also be used by the additional beneficiary named. The
Client agrees to maintain the confidentiality of the Report and reasonably protect the Report from
distribution to any other person. If the Client directly or indirectly causes Report to be distributed to
any other person, the Client shall indemnify, defend, and hold the Inspector harmless against the
claim of any third party.
4. Limitation of Liability
4.1 The Inspector's liability under this Agreement to the Client for any claim related to or arising in
connection with the subject matter of this Agreement or any services provided hereunder, whether in
contract or in tort and including the negligence of the Inspector or the Inspector's company, shall be
limited to direct loss or damage arising from such breach of contract or such toward or such
negligence and, further, shall be strictly limited to the value of the fees paid by the Client hereunder.
5. No Warranty
5.1 The Inspection does not constitute a warranty, an insurance policy or guarantee of any kind.
6. Dispute Resolution
6.1 In the event of any dispute arising under this Agreement, the Client shall immediately give notice
in writing to the Inspector of all particulars in dispute and shall give the Inspector all reasonable
opportunity to inspect and, where appropriate, resolve the matter in dispute.
6.2 The Client acknowledges that any failure on his/her part to give timely notice of all particulars in
dispute will deprive the Inspector of the opportunity to reasonably investigate and, where appropriate,
resolve the claim and expressly agrees, in such circumstances, waives any claim the Client may
have against the Inspector.
6.3 Any dispute between the Inspector and the Client, except those for non-payment of fees, that it
anyway, directly or indirectly, a rise out of, or relate to this Agreement or to the interpretation of this
Agreement, the scope of the services provided to the Client, the Report to any other matter involving
the services performed by the Inspector, shall be resolved in accordance with British Columbia
Commercial Arbitration Act (the "Act"), by arbitrator appointed in accordance with the Act. The
arbitration will be final and binding and will be conducted in accordance with the laws of British
Columbia.
6.4 If no arbitration proceeding is initiated by either of the parties to this Agreement within one year of
the date of the Report, that failure to initiate the arbitration proceedings will be considered conclusive
evidence that the parties are satisfied that each has properly and completely performed their
obligations under this Agreement.
7. Other Provisions
7.1 Payment is due upon completion of the Inspection.
7.2 The invalidity or unenforceability of any provisions of this Agreement shall not affect or impair the
validity or enforceability of any other provision. The remainder of the Agreement shall remain in full
force and effect.
7.3 This Agreement contains the entire Agreement between the parties. No change or modification
shall be enforceable against any party unless such change or modification is in writing and signed
by the parties. This Agreement shall be binding upon and enforceable by the parties, their heirs,
executors, administrators, successors and assigns.
1. Scope of Services
1.1 The Inspector will perform a visual Inspection of the property (the "Inspection") and
will provide the Client with the Report of the Inspection (the "Report").
1.2 In carrying out the Inspection and the preparation of the Report, the Inspector will conform with
the standard or care, skill and diligence normally provided in the performance of such services in
the province of British Columbia at the time of this Agreement.
2. Scope of the Inspection and Report
2.1 The Inspection is a non-invasive, visual examination of the property and will be performed in a
manner consistent with the "Standards of Inspection" of the British Columbia Institute of Property
Inspectors (BCIPI).
2.2 The Inspection is limited to those areas of the property which are readily accessible at the time of
the Inspection and will not include any areas of the property the Inspection of which requires the
movement of personal property, debris, furniture, equipment, carpeting or the like materials that
may impede access or limit visibility.
2.3 The Inspection will include inspectable items listed in the BCIPI Standards of Inspection
2.4 Some elements of the property will be inspected by a random sample and will be specifically
identified as such in the Report.
2.5 The Inspection will not include any items of the property which require dismantling to be
observed.
2.6 The Inspection of furnace systems and other electrical/mechanical systems and structural
components will only be to ascertain whether such systems appear to be functioning. The
Inspection is not intended to determine the quality, efficiency, lifespan or appearance of such
systems. The Client is urged to obtain advice from certified specialists for specific advice
concerning such systems.
2.7 The Inspection will not include soils, underground utilities, playground equipment, pools, hot
tubs and kitchen appliances, wells/springs, tennis courts, elevators, solar panel systems, septic
tanks, detached buildings, personal property, cosmetic items, drain fields, sprinkler systems,
central vacuum system, water softeners, cesspools, recreational appliances, thermostats/ timers
(not checked for accuracy) and air conditioners, or other such items specified in the Report.
2.8 The Inspection will not address environmental issues including, but not limited to, the existence,
competence or performance of fuel storage tanks or the existence of asbestos, radon gas, lead
paint, urea formaldehyde, toxic or flammable chemicals, water or airborne illnesses or disease.
2.9 The Inspection will not address the presence or absence of vermin including, but not limited to,
rodents, ants or termites nor will it address the presence or absence of dry rot, fungus or other
species of corruption.
2.10 The Report will constitute a summary of the observations made of the listed elements of the
property as of the date and time of the Inspection. The purpose of the Report is to provide the Client
with objective information concerning the property, but it is not intended to be either a guide for
repairs nor as a tool for negotiation in a real estate transaction.
3. Limitations
3.1 The Inspection is not technically exhaustive and is intended only to identify significant defects in
those systems, structures and components of the property exposed to view and apparent as of the
day of Inspection.
3.2 The Inspection is not intended to consider any issues concerning easements, conditions of title,
zoning matters, building or property measurements, value appraisals or the compliance of the
property with any governmental building requirements.
3.3 The Report shall be prepared for the Clients information only and may not be used or relied upon
by any other person unless that person is specifically named in this Agreement as a beneficiary of
the Report, in which case the Report may also be used by the additional beneficiary named. The
Client agrees to maintain the confidentiality of the Report and reasonably protect the Report from
distribution to any other person. If the Client directly or indirectly causes Report to be distributed to
any other person, the Client shall indemnify, defend, and hold the Inspector harmless against the
claim of any third party.
4. Limitation of Liability
4.1 The Inspector's liability under this Agreement to the Client for any claim related to or arising in
connection with the subject matter of this Agreement or any services provided hereunder, whether in
contract or in tort and including the negligence of the Inspector or the Inspector's company, shall be
limited to direct loss or damage arising from such breach of contract or such toward or such
negligence and, further, shall be strictly limited to the value of the fees paid by the Client hereunder.
5. No Warranty
5.1 The Inspection does not constitute a warranty, an insurance policy or guarantee of any kind.
6. Dispute Resolution
6.1 In the event of any dispute arising under this Agreement, the Client shall immediately give notice
in writing to the Inspector of all particulars in dispute and shall give the Inspector all reasonable
opportunity to inspect and, where appropriate, resolve the matter in dispute.
6.2 The Client acknowledges that any failure on his/her part to give timely notice of all particulars in
dispute will deprive the Inspector of the opportunity to reasonably investigate and, where appropriate,
resolve the claim and expressly agrees, in such circumstances, waives any claim the Client may
have against the Inspector.
6.3 Any dispute between the Inspector and the Client, except those for non-payment of fees, that it
anyway, directly or indirectly, a rise out of, or relate to this Agreement or to the interpretation of this
Agreement, the scope of the services provided to the Client, the Report to any other matter involving
the services performed by the Inspector, shall be resolved in accordance with British Columbia
Commercial Arbitration Act (the "Act"), by arbitrator appointed in accordance with the Act. The
arbitration will be final and binding and will be conducted in accordance with the laws of British
Columbia.
6.4 If no arbitration proceeding is initiated by either of the parties to this Agreement within one year of
the date of the Report, that failure to initiate the arbitration proceedings will be considered conclusive
evidence that the parties are satisfied that each has properly and completely performed their
obligations under this Agreement.
7. Other Provisions
7.1 Payment is due upon completion of the Inspection.
7.2 The invalidity or unenforceability of any provisions of this Agreement shall not affect or impair the
validity or enforceability of any other provision. The remainder of the Agreement shall remain in full
force and effect.
7.3 This Agreement contains the entire Agreement between the parties. No change or modification
shall be enforceable against any party unless such change or modification is in writing and signed
by the parties. This Agreement shall be binding upon and enforceable by the parties, their heirs,
executors, administrators, successors and assigns.
Steve Panting, CHI
