Standard Terms & Conditions
The following is a legally binding document that encompasses the agreement & relationship between
Miami Divum LLC., hereinafter collectively referred as the “Company”. And the (Client) who hereby represents/warrants the Company’s entrance/access to the property, as well as all the necessary components/systems that are needed for the completion of the inspection and its respective report.
All Products & Inspection Services provided by the Miami Divum and its Employees are subject to:
“Miami Divum Standard Terms & Conditions Agreement” & “Appointment Policies”. Copy of these, and other documents can be found at MiamiDivum.com.
1. All inspection, areas, systems/components are strictly bound, tied and confined to their respective Inspection Report and must be readily accessible at the time of inspection. Any Areas/Items that have been considered not readily accessible, Inaccessible, concealed from view, not installed, not strictly expressed in the in the Standards of Practice of the State of Florida for Home Inspectors, will not be included in this report.
2. Methods are not technically exhaustive (non-invasive) and do not include: Destructive Testing, Dismantling Items, Moving/Lifting of Furnishings/Installations/coverings/Debris, Concealed Conditions, Latent Defects, Consequential Damages, and Cosmetic Imperfections that do not significantly affect a component’s performance. Inspection does not Provide/Express in any way a property’s: structural/architectural/engineering integrity, market value/marketability/purchasing advisability/warranties/guaranties/form of insurance policy/survey results/appraisal/ADA compliance, repair cost estimates, or hydrological/geological/soil analysis.
Inspection is NOT to required to determine:
• A system/component’s: remaining life expectancy/strength/adequacy/effectiveness/efficiency/cause of condition/failure/deficiencies/possible future condition, lack of compliance with requirements/guidelines/codes/regulations/laws/ordinances/maintenance, and/or recall status/product liability.
• The measurements of: amperage, voltage, impedance, water and gas supply/temperature/quality/quantity/adequacy/flow/pressure, sewage disposal type (public/private) or fill shower pans/tubs/fixtures to test for leaks. Or, detect the presence of: hazardous/harmful animals/pests/plants/wood destroying organisms/mold/mildew/fungus/rot, environmental hazards including, but not limited to, allergens, toxins, carcinogens, electromagnetic radiation, noise, radioactive substances, air/water/soil/building materials contaminants, degree of exterior insulation type.
General provision, exclusions, limitation & conditions include but are not limited to the Evaluate of:
Exterior:
screenings, shutters, storm doors/windows, awnings, seasonal accessories, fences, boundary lines/walls, retaining walls/seawalls/break-walls/docks, Non-garage/carport detached structures, outbuildings, common elements/areas, recreational facilities, pools, spas, saunas, vapor barriers, vegetation/flora/fauna conditions. Roofing:
Antennas, accessories, vents/flues/liners/chimneys/gutters/downspouts systems interiors, layering, ventilation. Plumbing:
Water Storage equipment, wells, well pumps, solar/geothermal/renewable/heating/conditioning/underground drainage/piping systems, external/internal sprinkler system, washing machine connections, septic/disposal/drain field systems. Electrical:
Shutdown items, Smoke and carbon monoxide alarms/detectors/security systems/locks/shut-off valves/safety controls, remote control/signaling/warning devices, ancillary and low voltage wiring systems/components not a part of the primary electrical power distribution system. Heating:
Heat exchangers, humidifiers/dehumidifiers, air cleaning/sanitizing/heat-recovering/ventilation devices. Air Conditioning:
Cooling units not permanently installed or installed on windows. Interiors:
paint, wallpaper, floor coverings, finish/window treatments/hermetic seals/coatings, central vacuum systems, recreational facilities, free-standing kitchen/laundry appliances cleaning cycles/indicator lights/timers/clocks/special features, thermostat calibration or items not listed in Section Section 10.1.F. Fire Places/Fuel Burning:
Fire screens/doors, seals/gaskets/fuel feed devices, or ignite/extinguish fires/pilot lights/burners/wood burning stoves/vent fans.
3. The Client understands that the Inspection and its respective Report are performed, prepared and provided for the Client’s sole, confidential and exclusive use. In the event that anyone or any entity claims damages as a result of the reliance upon the Inspection/Report, and seeks recompense for said damages from the Company, the client agrees to indemnify, defend and hold harmless the “Company” from any claim from any third party relating to this inspection report, including, but not limited to, any claims caused by the alleged negligence, breach of contract, fraud, misrepresentation, or any other theory of liability of the company. In addition, agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection or exist in any area excluded from Inspection by the terms of this agreement.
4. The Company agrees to perform a limited visual inspection of the structure on the above stated address and is to provide the Client with a written opinion as to the apparent general condition of the structure’s general components and systems, including identification of significant observable deficiencies as they exist at the time of the inspection. All reports are performed in accordance with Standards of Practice of Florida Home Inspectors. Copy of these standards and other relevant documentation can be found at ASHI.com, NASHI.com.
5. Any legal action, including the arbitration proceeding more specifically described above, including, but not limited to, those proceedings involving claims sounding in tort or contract, against the Company, or its officers, agents or employees, must be brought within one (1) year from the date of the inspection, or same will be deemed waived and forever barred. Time is expressly of the essence herein. This time period may be shorter than otherwise provided for by law. It is agreed and understood that the arbitrator, in rendering any decision above, is to apply the laws of the State of Florida.
6. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in full force and effect between the parties. The prevailing party in any dispute arising out of this agreement, the inspection, or Report(s) shall be awarded all reasonable attorneys’ fees, arbitrator fees and other costs.
7. This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this agreement No change or modification shall be enforceable against any party unless such changes or modifications are in writing and signed by the parties. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.
8. All Client, Property, Payment Information and Report Findings are Confidential, Exclusive, Final and pertinent only to the parties involved. Client has the option to appoint a third party representative on behalf of themselves or the legal entity they represent.
9. If no one, on behalf of the client is available at the time the inspection and/or therefor do not sign this Document. Payment and a subsequent period of two business days (in which the Company reserves the right to modify/amend the report), will constitute as acceptance of the Terms and Conditions of this Agreement.
10. All payments are due upon completion of the on-site inspection (Minus any deposit, promotions and/or other, when applicable).
Client may also take advantage of Miami Divum’s possible affiliation with “TPSP” third-party services providers to include the arrangement of value-added “Specialty Packages” to the Inspection Appointment, contingent on their availability & promotional status.
Miami Divum LLC
Ph: ( 305 ) 902 - 3377
MiamiDivum.com
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