This Inspection Agreement is entered into between the Client and [Magnum Opus Inspections, LLC]., a California corporation (Magnum Opus Inspections, LLC) including its inspectors.

 

Scope - Inspection of Property: In consideration of the terms and conditions set forth below, Magnum Opus Inspections, LLC agrees to perform a visual light general inspection (the Inspection) of the property listed above and to prepare and provide to the Client an Inspection Report (the Report). This is not a building code inspection. The Inspection to be performed for the Client consists of non-intrusive visual observations to survey the readily accessible, easily visible material components, systems, and equipment of the building. The inspection is designed to identify material physical deficiencies in the building’s components, systems and equipment, as they exist at the time of inspection only. The inspection report shall be considered the final and exclusive findings of the Inspector regarding the inspection of the building. The Inspection is limited only to visual observation of apparent conditions existing at the time of the Inspection. The copyright of the Report shall remain with Magnum Opus Inspections, LLC.

 

Inspection Components: The Inspection is strictly limited only to the following components of the Property: Structure, Exterior, Roof, Major Systems (heating, air conditioning, electric, plumbing), Interior (floors, ceilings, walls, windows, doors). For Commercial include: parking lot, unloading zones, handrails, fire protection, and storage. For Condominiums and Townhomes, the following are excluded: Structure, Foundation, Exterior, Roof, and Attic. 

Entire Agreement & Severability: This Agreement contains the entire agreement between the Client and Magnum Opus Inspections, LLC. This document supersedes any and all representations, both oral and written, among the parties. This Agreement may be modified, altered or amended only in writing and signed by both the parties.  Any provision of this Agreement which proves to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Agreement and all such other provisions shall remain in full force and effect.

 

No Warranty or Guarantee: The Inspection and the Report are not intended; nor shall they be used or treated by the Client or anyone else, as a guarantee or warranty expressed or implied, regarding the adequacy, performance or condition of any aspect of the Property. The Client acknowledges and agrees that Magnum Opus Inspections, LLC is not an insurer of any inspected or non-inspected conditions at the Property. 

 

For Residential Inspection: The Client acknowledges that Magnum Opus Inspections, LLC has explained that home warranty plans are available which offer valuable protection against certain unforeseen repair expenses.

Latent and Future Defects: The Inspection is not a technically exhaustive investigation or evaluation of every aspect of the Property. The Client acknowledges and agrees that the Inspection and the Report will not reveal every existing deficiency and future condition affecting the Property. Magnum Opus Inspections, LLC is not responsible for the non-discovery of any latent defects in the Property, or any problems that may occur or become evident after the date of the Inspection. Latent defects in the Property include, but are not limited to: cracking, leaking, surface dislocations, or landslides resulting from, without limitation, water leaks, land subsistence, or other geological problems. Magnum Opus Inspections, LLC is not responsible for future defects, failures and repairs. 

 

Fee: This Fee is for the Inspection and Report, and payable before the inspection is conducted.

Limits of Liability:. The CLIENT agrees that the limit of liability is $100.00 and is unrelated to the costs of repairing or correcting any defects in the Property. Magnum Opus Inspections, LLC assumes no liability for the cost of repairing or replacing any reported or unreported defect or deficiency in the Property, either current or arising in the future, or for any property damage, consequential damage, or bodily injury of any nature. The Inspection and Report are conducted and prepared for the sole, confidential and exclusive use of the Client. Consequential and third-party damages are excluded; and the client indemnifies Magnum Opus Inspections, LLC from all such claims.

Even though the report may have been a material factor in the client's decision to purchase the property, the client agrees that should the company be found liable for any loss or damages resulting from a failure to perform any of the company's obligations, including but not limited to negligence, breach of contract, or any other legal theory or cause of action, the liability of the company shall be limited solely to $100.00.

Complaint Regarding Inspection - Limitation of Actions: All claims and legal action regarding or arising from the property condition and this inspection and report must be filed and initiated by Client no later than one (1) day following the date of the inspection. A failure to do so will result in a loss of legal rights. All major/minor safety hazards that are noted on the inspection report are for what was discovered by the inspector at time of inspection only.

Inspector: is an expert generalist and not acting as an expert in any SPECIFIC craft or trade. The inspector may make recommendations for further evaluation by an individual(s) who is an expert or specialist in one or more specific building components or systems.

 

Arbitration Clause: Any controversy or claim arising out of, or relating to this agreement, or breach thereof, either directly or indirectly shall be settled by binding arbitration administered by the American Arbitration Association in the state of California, using its Arbitration Rules.  The arbitrator shall have at least three (3) years of actual knowledge of the property inspection industry. Any decision and judgment award rendered may be entered in any court having jurisdiction hereto. Each party agrees to pay its own costs of arbitration. (This excludes payment of the company's fees.)

 

Exclusion From The Inspection: For Residential: The following items, components and issues are specifically not included in the Inspection: product recalls by the CPSC or manufacturers or others;  the presence or absence of termites, dry rot, fungus, mold or other wood destroying pests; the interior condition of chimney flues; all concealed or underground items, including without limitation, plumbing and electrical components, septic systems or cesspools, well and its water quality; water softeners and purification systems; swimming pool/spa systems; automatic sprinkler systems; any system that is shut down; lighting of pilot lights; alarm, intercom, and low voltage systems, including without limitation, yard fixtures, timers, de-icing systems, and solar systems; storm windows, screens, and doors; shutters, awnings and related accessories;  broken windowpanes & "thermos-panes"; all portable/moveable appliances including, without limitation, the refrigerator/freezer,; the temperature calibration, self-cleaning feature, and timer operation of the stove/oven;  the heat exchanger; radiant heating system; compliance with past or present state and local building code requirements;  evaluation or analysis of soil conditions and geological stability; evaluation of engineering and architectural issues;  compliance with any federal, state, or local environmental laws, rules, and ordinances; the existence of any hazardous wastes and toxic substances on, in, or around the property including, without limitation, asbestos, radon gas, lead and lead-based paint, mold, or methamphetamine.

 

For Commercial: Building code or zoning ordinance violations, Geological stability or soils conditions or structural stability or engineering analysis, All wood-destroying organisms, Interior partition walls; tenant improvements and non-building equipment, Americans With Disabilities Act inspections, Water testing for roof, wall or window leaks. Concealed roofing membrane integrity, Concealed floor cracks and all underground components, Product recalls or other such notices, Specific components noted in the inspection report as being beyond the scope of the inspection, Thermostatic motion and time clock controls, Permits or public records research, Fire and life safety systems, Elevators or lifts, Building security and security systems, Installation guidelines and manufacturer’s specifications, Examination of conditions related to animals, rodents, insects, wood-destroying insects, organisms, mold, and mildew or the damage caused thereby, Personal property, Removing equipment or component covers, panels or plates.

​

WALK-THROUGH INSPECTION BY CLIENT: The Client is advised that conditions at the Property may change between the date of the Inspection and the date on which the Client closes on the purchase of the Property. Consequently, the Client is advised and encouraged to personally conduct, or to arrange for an independent third party to conduct a pre-closing "Walk-Through Inspection" of the Property. This pre-closing Walk-Through Inspection should include, but not be limited to, the heating/cooling systems, electrical components, exterior/interior components, etc.

​

The following applies for commercial properties only: 

General Provisions: This inspection contract, the inspection, and the inspection report do not constitute a warranty, guarantee, or insurance policy of any kind whatsoever. No legal action or proceeding of any kind, including those sounding in tort or contract, can be commenced against Magnum Opus Inspections, LLC and/or its inspectors.

 

Environmental Concerns: Client acknowledges that what is being contracted for is a Light  Commercial General Inspection. Not an environmental evaluation and the inspection is not intended to detect, identify or disclose any health or environmental concerns regarding this building or property, including, but not limited to, the presence of asbestos, radon, lead, urea-formaldehyde, fungi, mold, mildew, PCBs, or other toxic materials or substances in the water, air, soil or building materials.