LIMITATIONS OF THE INSPECTION Sample Clauses

LIMITATIONS OF THE INSPECTION. The Inspection is not a technically exhaustive study of the Property, is limited to a single non-invasive visual only inspection of the readily accessible features and components of the Property at a particular point in time, and the Inspector cannot offer an expert opinion regarding engineering, compliance with building codes, local bylaws, building efficiency or the cost of any specific repair or improvement. The Inspection and Report is completed within a limited time frame and is subject to all of the limitations contained in this Agreement and in the Standards of Practice attached to the Agreement. Based on these limitations, all of which are understood by the client, it is further understood by the client as to why a low fee is charged for the Inspection and Report in comparison to the value of the Property. The Inspection and Report do not constitute a guarantee, warranty or insurance policy pertaining to the Property. The condition of certain readily accessible features and components of the Property, provided they are capable of being inspected pursuant to a single non-invasive visual only inspection, will be randomly sampled by the Inspector. Examples include window/door operation, hardware and screens, electrical receptacles, switches and lights, cabinets, countertops, mounts and functions, insulation thickness, mortar, masonry, paint and caulking integrity and roof covering materials. Assumptions may be made based on the random sample inspected by the Inspector. Some problems may not exist, be obvious, or capable of discovery by the Inspector due to the aforementioned limitations at the time of the Inspection, or may only be apparent under certain conditions. The Inspection is based on observations at the time of a single visit and is subject to the conditions and limitations present at that time. The limitations that an Inspector may face include, but are not limited to: time restrictions, defects concealed by occupants’ possessions, snow cover on roofs and other surfaces, vegetation, gravel, decks, solar panels, decks covered with carpet or membrane, new paint or other finishes, partially restricted or not readily accessible areas and components (such as: building paper, house wraps, flashings, window flanges, wall cavities), systems that have been secured or winterized, restrictive weather and/or temperature conditions, etc. If any utilities are not on at the time of the Inspection, such as water, electricity and gas, we cannot turn them on....
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LIMITATIONS OF THE INSPECTION. 1. The Inspection is a VISUAL INSPECTION performed by DIRECT OBSERVATION of existing conditions at the time of inspection and shall be conducted by a CERTIFIED HOUSE INSPECTOR PROVISIONAL (CHI-P); CERTIFIED HOUSE INSPECTOR (CHI) or CERTIFIED PROPERTY INSPECTOR (CPI) (identified as the INSPECTOR in the rest of this document) acting in accordance to this ASTTBC PI Standards of Inspection approved by ASTTBC.
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LIMITATIONS OF THE INSPECTION. The Inspection is a general construction inspection only, and the inspector cannot offer an expert opinion regarding engineering, compliance with building codes, local bylaws, building efficiency or estimates of cost for any specific repair or improvement. The Inspection and Report are completed within a limited time frame and are not technically exhaustive. Some problems may not exist or be obvious at the time of the inspection, or may only be apparent under certain conditions. This inspection is based on observations at the time of a single visit and is subject to the conditions and limitations present at that time. The limitations that an inspector may face include, but are not limited to: time restrictions, defects concealed by occupants’ possessions; snow cover on roofs and other surfaces; vegetation; gravel; decks; solar panels; decks covered with carpet or membrane; new paint or other finishes; partially restricted or inaccessible areas and components (such as: building paper, house wraps, flashings, window flanges, wall cavities); systems that have been secured or winterized; restrictive weather or temperature conditions; and so on. If any utilities are not on at the time of the inspection, such as water, electricity and gas, we cannot turn them on. We will also be unable to fully assess all systems since utilities may affect more than one system within the home. The Inspection is not able to positively determine or confirm the presence of environmental hazards or concerns including, but not limited to asbestos, mold or fungus. In the event that the Inspector advises the Client of a potential environmental concern, or the Client has any reason to suspect that there may be an environmental concern, it is recommended that the Client retain the services of an environmental specialist. The Company makes no representation, warranty or guarantee on the future life of systems and items inspected. The Inspection will not determine whether the Property complies with the building code or local bylaws and is subject to the stated limitations in the report. Due to the inherent limitations of the Inspection, the Client should be aware that there will be some deficiencies in the home that are not covered in the Report. The Company recommends anticipating and budgeting annually for 1% - 3% of the value of the Property for maintenance items and unforeseen repairs.
Sample 1
LIMITATIONS OF THE INSPECTION. The Inspection Report is not intended to be a report concerning the structural integrity of the home. Maintenance and other items may be discussed but are expressly excluded from the Inspection and will NOT form a part of the Inspection Report. The Inspection does not include any destructive testing or dismantling. THIS IS NOT A MOLD INSPECTION. The following areas/items, systems and components are among those expressly excluded from the Inspection: Code of Zoning Violations / Permit Research / Building value appraisal / ADA compliance / Repair cost estimates / System or component installation, adequacy, efficiency and/or life expectancy / Latent or concealed defects / Structural, geological, soil, wave action or hydrological stability, survey, engineering, analysis or testing / Termites or other Wood Destroying Organisms, dry rot or fungus or the damage from or relating to the proceeding, or rodent or other pests / Asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals, water or indoor air quality, PCB’s or other toxins, electro-magnetic fields, underground storage tanks, proximity to toxic waste sites, Sick Rev (12/12) Page 1 of 2 Client(s’) Initials: Building Syndrome or other environmental or health hazards / hot tubs / saunas / steam-baths / fountains or other types of or related systems or components / water-softener or purifiers / private water or sewage systems / radio controlled devices / telephone and cable television wiring and service / automatic gates / elevators / lifts / dumbwaiters / thermostatic or time clock controls / radiant heat systems / furnace heat exchanger / solar heating systems / heat pump recovery units / gas appliances such as fire pits / barbecues, heaters, lamps / main gas shut off valve / gas leaks / seismic or hurricane safety / flood zone determinations / previous flood history / boundaries / easement or right of way / freestanding appliances and buildings and sheds / security, fire safety, sprinkler, low voltage and landscape lighting systems / personal property / items specifically noted as excluded in the inspection report / odors & notice or any adverse conditions that may affect the desirability of the property proximity or railroad tracks or airplane routes / unique/technically complex systems or components. If inspection is desired of any of the areas/items, systems or components listed above, Client should contact the appropriate experts and seek specialist advice.
Sample 1

Related to LIMITATIONS OF THE INSPECTION

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  • LIMITATIONS OF LIABILITIES EXCEPT AS SET FORTH IN THIS ARTICLE SEVEN, THERE ARE NO WARRANTIES BY EITHER PARTY UNDER THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES IS THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY IS LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED, UNLESS THE PROVISION IN QUESTION PROVIDES THAT THE EXPRESS REMEDIES ARE IN ADDITION TO OTHER REMEDIES THAT MAY BE AVAILABLE. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, THE OBLIGOR’S LIABILITY IS LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES IS THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. THE VALUE OF ANY PRODUCTION TAX CREDITS DETERMINED ON AN AFTER-TAX BASIS, LOST DUE TO BUYER’S DEFAULT (WHICH SELLER HAS NOT BEEN ABLE TO MITIGATE AFTER USE OF REASONABLE EFFORTS) IF ANY, SHALL BE DEEMED DIRECT DAMAGES. THE VALUE OF ANY INVESTMENT TAX CREDITS DETERMINED ON AN AFTER-TAX BASIS, LOST DUE TO BUYER’S DEFAULT (WHICH SELLER HAS NOT BEEN ABLE TO MITIGATE AFTER USE OF REASONABLE EFFORTS) IF ANY, SHALL BE DEEMED DIRECT DAMAGES. UNLESS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, INCLUDING THE PROVISIONS OF SECTION 9.03, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS IMPOSED IN THIS ARTICLE SEVEN ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID UNDER THIS AGREEMENT ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED UNDER THIS AGREEMENT CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. NOTHING IN THIS ARTICLE SEVEN PREVENTS, OR IS INTENDED TO PREVENT BUYER FROM PROCEEDING AGAINST OR EXERCISING ITS RIGHTS WITH RESPECT TO ANY SECURED INTEREST IN COLLATERAL. *** End of Article Seven ***

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  • Representations of the District The District represents, covenants and warrants to the Developer as follows:

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