Terms of Service, Inspection Limitations & Liability

1. Scope of Inspection Services

Before The Keys ("the Company," "we," "us") provides visual, non-invasive home inspection services for residential properties in Ontario, Canada. Our inspections are performed in accordance with recognized industry standards and are limited to a visual assessment of the readily accessible areas and components of the property at the time of the inspection.

A home inspection is not a guarantee, warranty, or insurance policy on the property. It is a professional opinion of the present condition of the property's visible and accessible components based on observations made during the inspection.

2. Limitations of Inspection

The Client acknowledges and agrees that the inspection is subject to the following limitations:

• Visual and non-invasive only. The inspector will not disassemble, dismantle, remove, or move any component, material, equipment, appliance, furniture, finish, personal property, or any other item that may obstruct access to or visibility of components being inspected.
• Concealed conditions. The inspection does not cover conditions that are concealed behind walls, floors, ceilings, or other obstructions; underground or within enclosed areas that are not readily accessible; or conditions that may only become apparent under different weather, moisture, or seasonal conditions.
• Not code compliance. The inspection is not an evaluation of compliance with building codes, bylaws, regulations, or any municipal, provincial, or federal requirements. The inspection is not a substitute for a municipal building inspection.
• Not exhaustive. The inspection does not include testing for or detection of environmental hazards including but not limited to: asbestos, radon, lead paint, mould (unless specifically contracted), urea formaldehyde foam insulation (UFFI), underground storage tanks, soil contamination, or any other hazardous materials.
• Estimates are opinions. Any estimates of remaining useful life, repair costs, or future performance of systems or components are professional opinions based on observable conditions at the time of inspection. They are not guarantees and actual costs or timelines may vary.
• Systems not tested under all conditions. Mechanical, electrical, plumbing, and HVAC systems are tested under normal operating conditions available at the time of inspection. The inspector is not responsible for systems that may fail under different conditions, loads, or seasons.
• Cosmetic and aesthetic items. The inspection focuses on the functional condition of systems and components. Cosmetic conditions, decorating, and aesthetic concerns are generally not included unless they indicate a potential functional issue.

3. Limitation of Liability

The Client agrees that the liability of Before The Keys, its owner, employees, agents, and contractors arising from the inspection and inspection report shall be limited as follows:

• Maximum liability. The total liability of Before The Keys for any claims arising from or related to the inspection shall not exceed the fee paid for the inspection services. This limitation applies to all claims, whether based in contract, tort (including negligence), strict liability, or any other legal theory.
• No consequential damages. In no event shall Before The Keys be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of property value, cost of repairs beyond the inspection fee, loss of use, or any other economic loss, regardless of whether such damages were foreseeable or whether Before The Keys was advised of the possibility of such damages.
• No third-party claims. The inspection report is prepared solely for the use of the Client identified in the inspection agreement. Before The Keys assumes no liability or responsibility to any third party who may rely on or use the inspection report, including but not limited to subsequent purchasers of the property, real estate agents, mortgage lenders, or legal representatives.
• Statute of limitations. Any claim arising from the inspection must be reported in writing to Before The Keys within thirty (30) days of discovery of the alleged deficiency and in no case later than twelve (12) months from the date of the inspection. Claims not reported within these timeframes are waived.

4. Client Responsibilities

The Client agrees to the following:

• Ensure the inspector has reasonable access to all areas of the property, including attic, basement, crawlspace, garage, and electrical panel.
• Provide accurate information about the property, including known defects, prior repairs, or renovations.
• Review the inspection report in its entirety and contact Before The Keys with any questions within a reasonable timeframe.
• Understand that the inspection is not a substitute for due diligence, independent assessments by qualified specialists, or legal advice.
• Not hold Before The Keys responsible for items that were inaccessible, concealed, or not visible during the inspection.

5. New Build / Pre-Delivery Inspection (PDI) Specific Terms

For new build and PDI inspections, the Client further acknowledges:

• The inspection identifies visible deficiencies at the time of the walkthrough. Not all deficiencies may be visible prior to occupancy or use of the home.
• The deficiency list provided is based on the inspector's professional opinion and construction experience. The builder may dispute individual items. Before The Keys is not responsible for the builder's response to or resolution of documented deficiencies.
• The inspection does not replace Tarion warranty coverage or the formal PDI process. The Client is responsible for completing all Tarion forms (30-day, Year-End, etc.) independently.
• Grading and drainage assessments are based on conditions observed at the time of inspection. Soil settlement, weather, and construction activity on adjacent lots may alter conditions after the inspection date.

6. Dispute Resolution

In the event of a dispute arising from the inspection, the Client agrees to first contact Before The Keys in writing to attempt informal resolution. If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation before pursuing any legal action. Any legal proceedings shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

7. Payment and Cancellation

Payment is due at the time of the inspection unless otherwise agreed. Cancellations made less than 24 hours before the scheduled inspection may be subject to a cancellation fee of up to 50% of the inspection fee. Rescheduling requests made with at least 24 hours' notice will be accommodated at no additional charge, subject to availability.

8. Severability

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

9. Contact

Before The Keys
Ontario, Canada
Phone: (416) 791-3665
Email: steve@beforethekeys.ca
Web: beforethekeys.ca