1. PARTIES Page 1 f 4 ISA-1.6 INSPECTION SERVICE AGREEMENT WITH RESPECT TO A CHIEFLY RESIDENTIAL IMMOVABLE BETWEEN: Represented by: (Hereinafter referred t as THE INSPECTOR) Member N. Fr the exclusive use by members f Quebec Assciatin f Building Inspectrs Cpyright Quebec Assciatin f Building Inspectrs AND: (Hereinafter referred t as THE CLIENT) Telephne N.: e-mail: 2. PURPOSE OF THE AGREEMENT THE INSPECTOR S services are hereby retained by the purchaser (THE CLIENT) t perfrm a PRE-PURCHASE inspectin f THE IMMOVABLE cvered by this Inspectin Service Agreement. 3. WAIVER OF EXHAUSTIVE INSPECTION THE CLIENT hereby cnfirms that he has been duly advised f the limits f the present inspectin as well as f the advantages f an exhaustive inspectin f the immvable invlving the services f several prfessinals requiring an average f 24 t 36 hurs f wrk. This infrmatin having been supplied, THE CLIENT hereby refuses t have perfrmed such an exhaustive inspectin f the THE IMMOVABLE cvered by this Agreement. 4. DESCRIPTION OF THIS IMMOVABLE The inspectin shall be perfrmed n the chiefly residential building lcated at: 5. PERFORMANCE OF SERVICES Client s initials If applicable: The immvable is held in divided c-wnership (cndminium) and the present inspectin shall be subject t the terms and cnditins cntained in Appendix C attached heret t frm an integral part heref. YES AC - NO The immvable, althugh chiefly residential, includes premises that are perated by a business and the present inspectin shall be subject t the terms and cnditins cntained in Appendix E attached heret t frm an integral part heref. YES AC - NO 5.1 Date and Time f the inspectin THE IMMOVABLE shall be inspected n at Inspectr Client Client
5.2 Preparatin f the Inspectin Reprt THE INSPECTOR shall prepare the inspectin reprt within day(s) fllwing the visual inspectin f THE IMMOVABLE. THE CLIENT hereby pledges t THE INSPECTOR that he will take n decisin t purchase THE IMMOVABLE until he has btained the written inspectin reprt, carefully read, and if required, discussed the same with THE INSPECTOR, in rder t ensure that he fully understands the reprt. 5.3 Cntent f the Inspectin The inspectin includes ne (1) visit f THE IMMOVABLE and the preparatin f ne (1) inspectin reprt. 5.4 Scpe and limitatins f the inspectin The inspectin cnsists f a visual examinatin f the readily accessible systems and cmpnents f THE IMMOVABLE, as listed in the Standards f Practice f the Quebec Assciatin f Building Inspectrs (QABI) attached heret. Such an examinatin shall be careful but brief and is intended t prvide THE CLIENT with the necessary infrmatin required fr a better understanding f the cnditin f THE IMMOVABLE, as bserved at the time f the inspectin. The inspectin is nt aimed at discvering, nr t allw fr the discvery f latent defects affecting THE IMMOVABLE, but is aimed at discvering apparent defects and signs revealing prblems that culd substantially affect the integrity and the usefulness f THE IMMOVABLE, as well as meeting the requirement f a prudent and diligent examinatin f THE IMMOVABLE that is impsed n a given buyer by article 1726 f the Civil Cde f Quebec, printed n the reverse, all in rder t prtect THE CLIENT s right t allw claims fr latent defects against the seller. The csts f eventual repairs referred t in the unit cst table annexed t the inspectin reprt, if applicable, are t be understd as being apprximate nly and may vary frm regin t regin. Mrever, such csts d nt cnstitute any firm tender and cnsequently must be checked by a licensed cntractr. 6. COMPLIANCE WITH QABI S STANDARDS OF PRACTICE The inspectin shall be perfrmed in accrdance with the Standards f Practice f the Quebec Assciatin f Building Inspectrs, which frms an integral part f the present Agreement. THE CLIENT hereby declares, having received at the signing f the present Inspectin Service Agreement, a cpy f the Prfessinal Standards f Practice fr the Visual Inspectin f Chiefly Residential Buildings which is annexed t the present Agreement, having been given all the necessary time t review and discuss its cntent Client s initials and having been given the pprtunity t ask all the necessary questins fr its cmplete understanding. The prfessinal services prvided herein shall be perfrmed in accrdance with the State-f-the-Art by THE INSPECTOR. THE INSPECTOR pledges t act in a prudent and diligent manner in the best interests f THE CLIENT. In this regard, THE INSPECTOR cnfirms als that he des nt have any financial interest in THE IMMOVABLE cvered in the present inspectin. In additin, THE INSPECTOR declares having an insurance plicy which cvers errrs and missins. 7. CUSTOMER S OBLIGATIONS 7.1 Duty t disclse THE CLIENT pledges t prvide all dcuments and infrmatin that are required fr the perfrmance f THE INSPECTOR S services, namely the Prmise t Purchase and its Annexes if these cntain infrmatin related t the cnditin f THE IMMOVABLE, the Owners / Seller s declaratin and all warranty dcuments. THE CLIENT als pledges t disclse t THE INSPECTOR any knwn defects, whether apparent r nt, and any prblem that may affect the integrity and use f THE IMMOVABLE f which he is aware. 7.2 Inspectin Cmpletin Certificate THE CLIENT pledges, upn cmpletin f the inspectin, t sign r have signed by any persn that he may appint t accmpany THE INSPECTOR n the day f the inspectin, a frm entitled Chiefly residential Immvable Inspectin Cmpletin Certificate. 7.3 Fees and additinal services In cnsideratin f the prfessinal services prvided in the present Agreement, THE CLIENT shall pay t THE INSPECTOR the fees indicated in article 16 f the present Agreement, plus applicable taxes. Page 2 f 4 ISA-1.6 Fr the exclusive use by members f Quebec Assciatin f Building Inspectrs Cpyright Quebec Assciatin f Building Inspectrs Client s initials Inspectr Client Client
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY 9. OWNERSHIP AND TRANSMISSION OF THE INSPECTION REPORT 10. OBSERVANCE OF THE LAW 11. SUPERIOR FORCE 12. APPLICABLE LAWS 13. INTERPRETATION 14. CONTINUATION OR CANCELLATION Page 3 f 4 ISA-1.6 Fr the exclusive use by members f Quebec Assciatin f Building Inspectrs Cpyright Quebec Assciatin f Building Inspectrs THE CLIENT shall pay the fees t THE INSPECTOR n the day the inspectin is perfrmed as per paragraph 5.1. It is understd that additinal services nt prvided fr in the present Agreement, such as additinal visits f the premises, preparatin f an additinal inspectin reprt r, by request f THE CLIENT, the appearance f THE INSPECTOR as a witness befre a curt f law, shall be subject t an additinal Agreement between the parties, specially with respect t additinal fees THE CLIENT will have t pay, accrding t the rates indicated in article 16 f the present Agreement. THE INSPECTOR hereby disclaims any and all risks related t a real estate transactin. An inspectin perfrmed in accrdance t the state-f-the-art shall nt cnstitute any warranty r insurance plicy against repairs, imprvements, r wrk, whether they be past, present r future, perfrmed n THE IMMOVABLE. The inspectin, including the prductin f the written reprt, shall be perfrmed slely fr and n behalf f THE CLIENT in relatin t a ptential real estate transactin. Cnsequently, THE INSPECTOR will nly deliver a cpy f the inspectin reprt t a third party with THE CLIENT s prir written cnsent r pursuant t a curt rder, r if requested by the Quebec Assciatin f Building Inspectrs. Hwever, THE INSPECTOR hereby acknwledges, that the inspectin reprt that he prvides t THE CLIENT under the present Agreement is intended t becme the sle prperty f THE CLIENT. THE INSPECTOR shall cmply with all laws, regulatins r rders applicable t the kind f services that he prvides. N party shall be cnsidered in default in the perfrmance f the bligatins herewith where such perfrmance is delayed, prevented r hindered as a result f abslute necessity, that is, any event that is beynd the parties cntrl, that the parties culd nt fresee r prevent and that rendered the perfrmance f the bligatin herewith abslutely impssible. This Agreement shall be gverned by the applicable laws in the Prvince f Quebec. Where applicable, the use f a wrd in masculine frm shall apply als t the feminine frm and vice versa and any wrd in singular frm shall apply als t the plural frm and vice versa. In such case that the present Agreement cntains any prhibited prvisin, all ther prvisins shall remain in full frce and shall be binding t the parties unless the prvisin that dergates frm applicable laws is essential t the prper utilizatin f the Agreement r t the balance f the respective bligatins f the parties theref, and unless an interpretatin cmpatible with applicable laws cannt crrect this deficiency, in which case the Agreement shall be declared null and vid ad initi. Inspectr Client Client
15. ADDITIONS OR MODIFICATIONS 16. FEES 17. SIGNATURES Page 4 f 4 ISA-1.6 Fr the exclusive use by members f Quebec Assciatin f Building Inspectrs Cpyright Quebec Assciatin f Building Inspectrs IN WITNESS WHEREOF, THE PARTIES HAVE SIGNED AT, THIS THE DAY OF, 20. THE INSPECTOR Fr the prfessinal services rendered, THE CLIENT shall pay THE INSPECTOR the fllwing fees: Payment received n: By: GST#: QST#: In the event that any additinal service wuld be required, THE CLIENT shall pay THE INSPECTOR additinal fees at an hurly rate f $, plus applicable taxes and fr a minimum f fur (4) hurs f wrk. THE CUSTOMER Fees: GST: QST: TOTAL: _ INSPECTOR CUSTOMER 1 (r his authrized representative) _ CUSTOMER 2 (if applicable)
Art. 1726. Art. 1728. Art. 1739. CIVIL CODE OF QUEBEC The seller is bund t warrant the buyer that the prperty and its accessries are, at the time f the sale, free f latent defects which render it unfit fr the use fr which it was intended r which s diminish its usefulness that the buyer wuld nt have bught it r paid s high a price if he had been aware f them. If the seller was aware r culd nt have been unaware f the latent defect, he is bund nt nly t restre the price, but t pay all damages suffered by the buyer. A buyer wh ascertains that the prperty is defective may give ntice in writing f the defect t the seller nly within a reasnable time after discvering it. The time begins t run, where the defect appears gradually, n the day that the buyer culd have suspected the seriusness and extent f the defect. The seller may nt invke tardy ntice frm the buyer if he was aware f the defect r culd nt have been unaware f it.
1. PARTIES INSPECTION COMPLETION CERTIFICATE FOR A CHIEFLY RESIDENTIAL IMMOVABLE 2. ADDRESS OF THE IMMOVABLE 3. CUSTOMER S CERTIFICATION 4. SIGNATURE OF THE CUSTOMER BETWEEN: THE INSPECTOR THE CLIENT THE CLIENT 3.1 THE INSPECTOR btained frm the seller and reviewed with THE CLIENT the dcument entitled Declaratin by the Seller Yes N State the reasns why the dcument was nt btained: 3.2 THE INSPECTOR visually examined the cmplete exterir f the building with the exceptin f: 3.3 THE INSPECTOR and THE CLIENT discvered crack(s) during the inspectin f the fundatin. 3.4 THE INSPECTOR visually examined all interir installed systems and cmpnents that are part f his inspectin reprt, with the exceptin f: 3.5 THE INSPECTOR visually examined the accessible areas f the interir f the building. Traces f water infiltratin are visible: N Yes Lcatin: Water stains are visible: N Yes Lcatin: Traces having an appearance f mld are visible: N Yes Lcatin: Odrs are detected: N Yes Lcatin: If applicable, crack(s) were discvered during the inspectin f the fundatin. The fllwing cmments are prvided: 3.6 THE CLIENT acknwledges having received the inspectin cntract entitled Inspectin Service Agreement with respect t a Chiefly Residential Immvable and the standards f practice entitled Prfessinal Standards f Practice fr the Visual Inspectin f Chiefly Residential Buildings n the day f the inspectin r by: Fax Mail e-mail day(s) prir t the inspectin date. 3.7 Persns wh were present during the inspectin: Seller 1: Seller 2: Client 1: Client 2: Brker 1: Brker 2: Other: THE CLIENT cnfirms that he fllwed THE INSPECTOR during the inspectin and examined with him the building cmpnents as listed abve. In witness wheref, I (we) signed, n this the day f, 20. CLIENT 1 CLIENT 2 Fr the exclusive use by members f Quebec Assciatin f Building Inspectrs ICC - 1.6 Cpyright Quebec Assciatin f Building Inspectrs
AC - 1.3 APPENDIX C - DIVIDED CO-OWNERSHIP The terms and cnditins as per present Appendix C will frm an integral part f the inspectin cntract entitled Inspectin Service Agreement with Respect t a Chiefly Residential Immvable Number ISA-, in regards t the Immvable lcated at: C.1 In additin f the terms and cnditins as stated in the Inspectin Service Agreement with Respect t a Chiefly Residential Immvable, the present inspectin cvers the fllwing. The Unit exclusively, and, ntwithstanding the definitin given t the private prtin f the declaratin f cwnership, will be limited fr the purpse f the present inspectin, hrizntally, at the surface f the interir finish f the walls and, vertically, frm the surface f the ceiling finish t the surface f the flr cvering. The Unit exclusively, and, ntwithstanding the definitin given t the private prtin f the declaratin f cwnership, will be limited fr the purpse f the present inspectin, hrizntally, at the surface f the interir finish f the walls and, vertically, frm the surface f the ceiling finish t the surface f the flr cvering, as well as fr the installed systems and cmpnents listed belw, which are part f the building: Exterir Yes N Structure, Fundatins Yes N Rfing, Flashing and Chimneys Yes N Attic spaces Yes N Staircases/Hallways Yes N Garages/Undergrund parking Yes N Strage rms/spaces Yes N Central heating system Yes N Central air-cnditining system Yes N Electrical rm Yes N Elevatrs Yes N Swimming pls Yes N Autmatic sprinkler systems Yes N Other fire prtectin systems Yes N Central plumbing system Yes N Ntwithstanding the preceding, the present inspectin ttally excludes: any private prtin ther than what is defined by the present Appendix, any cmmn prtin having restricted usage, and any cmmn prtin t which the Inspectr des nt have access t. C.2 Other cnditins: I have read, fully understd and agree with the terms and cnditins f the present Appendix In witness wheref, I (we) signed, n this the day f, 20. CLIENT 1 CLIENT 2 Fr the exclusive use by members f Quebec Assciatin f Building Inspectrs Cpyright Quebec Assciatin f Building Inspectrs Inspectr Client Client
APPENDIX E - COMMERCIAL The terms and cnditins as per present Appendix E will frm an integral part f the inspectin cntract entitled Inspectin Service Agreement with Respect t a Chiefly Residential Immvable Number ISA-, in regards t the Immvable lcated at: E.1 The cmmercial ccupancy perating in the present immvable is lcated at the fllwing address: and perates in the fllwing activities: E.2 In additin f the terms and cnditins as stated in the Inspectin Service Agreement with Respect t a Chiefly Residential Immvable, the present inspectin excludes all systems and cmpnents used fr the peratin f this cmmercial ccupancy, with the exceptin f the fllwing items: Equipment Tling Furniture Machinery Pressure Vessels Material Ntwithstanding the preceding prvisins, the present inspectin shall nt cnstitute any guarantee in regards t the cnfrmity f the peratin f the cmmercial accrding t any law, bylaw, regulatin r standard applicable fr this type f cmmercial activity.. E.3 Additinal cnditins: I have read, fully understd and agree with the terms and cnditins f the present Appendix In witness wheref, I (we) signed, n this the day f, 20. CLIENT 1 CLIENT 2 AE - 1.3 Fr the exclusive use by members f Quebec Assciatin f Building Inspectrs Cpyright Quebec Assciatin f Building Inspectrs Inspectr Client Client