Terms of Service

1. Service Agreement

1.1 Formation of Agreement

A binding service agreement is formed when:

• You submit an inspection request through our website or by phone
• We confirm your appointment via email or verbal confirmation
• You provide payment or payment authorization for services

This agreement incorporates these Terms of Service, our inspection report, and any additional written agreements or addendums.

1.2 Client Responsibilities

The Client agrees to:

• Provide accurate property information, including address, size, age, and special features
• Ensure the property is accessible at the scheduled inspection time
• Ensure all utilities (water, gas, electricity) are operational during inspection
• Provide safe access to all areas of the property, including attic, basement, and crawl spaces
• Notify us of any known hazards (mold, asbestos, structural damage, aggressive animals)
• Disclose if the property is occupied or vacant
• Obtain permission from property owner for inspection if not the owner
• Remove or secure any pets during the inspection

1.3 Inspector's Authority

Our inspector reserves the right to:

• Decline to inspect any property deemed unsafe or hazardous
• Postpone or reschedule inspection if conditions are not suitable
• Refuse entry to areas that are inaccessible, unsafe, or require specialized equipment
• Terminate inspection if Client conduct is abusive, threatening, or disruptive

2. Inspection Scope and Standards

2.1 Standards of Practice

Our inspections are performed in accordance with the Standards of Practice established by the International Association of Certified Home Inspectors (InterNACHI) and Minnesota state regulations. We conduct a visual, non-invasive examination of the property's readily accessible systems and components.

2.2 What Is Included

A standard home inspection includes evaluation of:

• Structural components (foundation, walls, floors, roof structure)
• Exterior elements (siding, windows, doors, trim, decks, porches)
• Roof covering and drainage systems (gutters, downspouts)
• Plumbing system (pipes, fixtures, water heater, drains)
• Electrical system (service panel, wiring, outlets, fixtures)
• Heating and cooling systems (HVAC equipment, ductwork)
• Interior components (walls, ceilings, floors, stairs, doors, windows)
• Insulation and ventilation in accessible areas
• Fireplace and chimney (exterior and accessible interior portions)
• Built-in appliances (basic operational testing)
• FLIR thermal imaging scan (included at no additional charge)

2.3 What Is NOT Included

Unless specifically contracted as an add-on service, the following are NOT included in a standard inspection:

• Mold testing or air quality analysis (available as add-on)
• Radon testing (available as add-on)
• Sewer scope inspection (available as add-on)
• Lead paint testing
• Asbestos testing
• Environmental hazards assessment
• Pest and termite inspection
• Swimming pool or spa inspection (available as add-on)
• Septic system inspection
• Well water testing
• Structural engineering assessment
• Code compliance inspection
• Cosmetic defects or aesthetic concerns
• Underground systems or components
• Forecasting of component lifespan or failure timing

2.4 Limitations

The inspection is subject to the following limitations:

• Visual Only: We do not disassemble equipment, remove panels, or perform invasive or destructive testing
• Accessible Areas Only: We inspect only readily accessible areas; areas that are blocked, buried, concealed, or require special equipment are excluded
• Safety Limitations: We will not enter areas where entry could cause damage or pose safety risks
• Weather Dependent: Certain conditions (roof inspection during rain, HVAC cooling test in winter) may not be possible due to weather
• Non-Technical Estimate: We do not provide cost estimates for repairs or replacement
• Sample Testing Only: We test a representative sample of components, not every outlet, window, or fixture

2.5 Not a Warranty or Guarantee

The inspection report is NOT:

• A warranty, guarantee, or insurance policy on the property condition
• A certification that the property is free from defects
• A guarantee that systems or components will not fail in the future
• An opinion on the property's value, marketability, or insurability
• A code compliance inspection or certification

3. Limitations of Liability

3.1 Liability Cap

IMPORTANT: Client agrees that the Company's total liability for any and all claims, damages, losses, and causes of action arising out of or relating to the inspection or report, whether in contract, tort, negligence, strict liability, or otherwise, shall be limited to a refund of the fee paid for the inspection service, not to exceed the amount actually paid by Client.

In no event shall our liability exceed the inspection fee paid, regardless of the nature or number of claims or the damages alleged.

3.2 Exclusion of Consequential Damages

Client agrees that the Company shall NOT be liable for:

• Consequential, incidental, or indirect damages
• Loss of use of the property
• Loss of profits or business opportunities
• Cost of substitute inspection services
• Diminution in property value
• Cost of repairs or replacement beyond the inspection fee
• Emotional distress or personal injury
• Any damages exceeding the inspection fee paid

3.3 Third-Party Reliance

The inspection report is prepared exclusively for the Client who contracted and paid for the service. NO OTHER PARTY may rely upon the report. Any third party who receives or reviews the report does so at their own risk, and we assume no liability to third parties.

Client agrees not to share or distribute the report to any party who might rely on it without including this disclaimer.

3.4 Time Limitation for Claims

Any claim or lawsuit arising from the inspection or report must be filed within one (1) year from the date of the inspection. Claims filed after this time period are forever barred.

3.5 Hidden or Concealed Defects

We are not liable for failure to discover defects that were:

• Concealed, hidden, or not readily accessible
• Not visible or apparent at the time of inspection
• Obscured by furniture, storage, floor coverings, or wall coverings
• Latent defects that had no visible symptoms
• Present but not manifesting visible evidence
• In areas that were inaccessible, unsafe, or required special equipment

4. Payment Terms

4.1 Fees and Pricing

Inspection fees are based on:

• Property size (square footage)
• Property age and complexity
• Additional services requested (mold, sewer scope, radon, etc.)
• Travel distance beyond our standard service area
• Emergency or same-day inspection requests may incur additional fees

All fees are quoted in advance through our instant quote system or verbal confirmation. Pricing is guaranteed once confirmed.

4.2 Payment Due

Payment is due at the time of inspection unless other arrangements have been made in advance. We accept:

• Credit and debit cards (Visa, Mastercard, Discover, American Express)
• Cash or check at time of inspection
• Electronic payment through our secure online system

4.3 Late Payment

If payment is not received at the time of inspection and no prior arrangement exists, we reserve the right to:

• Withhold delivery of the inspection report until payment is received
• Charge a late payment fee of $50 or 1.5% per month (whichever is greater) on outstanding balances
• Pursue collection through legal means, with Client responsible for all collection costs and attorney fees

4.4 Refund Policy

Inspection fees are non-refundable once the inspection has been completed. If we are unable to perform the inspection due to circumstances within our control, a full refund will be issued.

5. Cancellation and Rescheduling Policy

5.1 Client Cancellation

Cancellations and rescheduling requests are subject to the following:

• More than 24 hours notice: No fee, full refund of any deposit
• Less than 24 hours notice: Cancellation fee of 50% of inspection fee
• Same-day cancellation or no-show: Full inspection fee charged
• Rescheduling: One free reschedule with 24+ hours notice; subsequent reschedules may incur $50 fee

5.2 Company Cancellation

We reserve the right to cancel or reschedule inspections due to:

• Severe weather conditions affecting inspector safety
• Property inaccessibility or unsafe conditions
• Utilities not operational as required
• Inspector illness or emergency

In such cases, we will reschedule at no additional charge or provide a full refund at Client's option.

5.3 Notice Requirements

All cancellations and reschedule requests must be made by phone at (507) 721-0818 or via email confirmation. Text messages and voicemails are not considered valid notice unless confirmed by us.

6. Inspection Report

6.1 Report Delivery

The inspection report will be delivered electronically within twenty-four (24) hours of the inspection completion. Reports are typically delivered the same day. Delivery is made via email to the address provided at booking.

6.2 Report Contents

The report will include:

• Property and inspection information
• Observations and findings organized by system/component
• High-resolution photographs and FLIR thermal images
• Descriptions of defects, safety concerns, and recommended repairs
• Summary of major findings
• Limitations and exclusions of the inspection

6.3 Report Ownership and Use

The report is the property of the Client who paid for the inspection. Client may share the report with parties involved in the real estate transaction (agents, lenders, attorneys) but must include all disclaimers and limitations. The report may not be used for any purpose other than the Client's evaluation of the property inspected.

6.4 Corrections and Clarifications

If you identify any errors or require clarification on report findings, contact us within seven (7) days of receiving the report. We will promptly review and issue corrections or clarifications as needed.

7. Dispute Resolution and Arbitration

7.1 Informal Resolution

Before initiating any formal dispute process, Client agrees to contact us directly to attempt to resolve any concerns or disputes informally. Many issues can be resolved through communication.

7.2 Binding Arbitration

If informal resolution is unsuccessful, Client agrees that any dispute, claim, or controversy arising out of or relating to these Terms or the inspection services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

7.3 Arbitration Procedures

• Arbitration shall be conducted by a single arbitrator
• Arbitration shall take place in Sibley County, Minnesota, or another mutually agreed location
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court with jurisdiction
• Each party shall bear their own arbitration costs and attorney fees unless otherwise awarded by the arbitrator

7.4 Waiver of Class Actions

Client agrees to resolve disputes only on an individual basis and waives the right to participate in any class action, class arbitration, or representative proceeding.

7.5 Exceptions to Arbitration

Either party may seek injunctive relief or other equitable remedies in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

8. Indemnification

Client agrees to indemnify, defend, and hold harmless Home Inspection Winthrop MN, its owner, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

• Client's breach of these Terms
• Client's negligence or willful misconduct
• Client's use or misuse of the inspection report
• Third-party claims based on Client's actions or omissions
• Claims by parties to whom Client provided the report

9. General Provisions

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.

9.2 Venue and Jurisdiction

Subject to the arbitration provisions above, any legal action or proceeding shall be brought exclusively in the state or federal courts located in Sibley County, Minnesota. Client consents to the jurisdiction of such courts.

9.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

9.4 Entire Agreement

These Terms, together with our Privacy Policy and any written inspection agreement, constitute the entire agreement between Client and Company and supersede all prior agreements, understandings, and communications, whether oral or written.

9.5 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

9.6 Assignment

Client may not assign or transfer these Terms or the inspection agreement without our prior written consent. We may assign these Terms to any successor entity or purchaser of our business.

9.7 Survival

Provisions that by their nature should survive termination (including liability limitations, indemnification, dispute resolution, and governing law) shall survive the completion of the inspection.

9.8 Amendments

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

9.9 Contact for Legal Notices

All legal notices and communications regarding these Terms should be sent to: