MAYBEE PROPERTY INSPECTIONS, LLC
PRE-INSPECTION NOTICE AND AGREEMENT
(READ CAREFULLY)
Address:_______________________________
Inspection Fee:__________________________ Maybee Property Inspections, LLC
301 South Meridian Avenue
Wichita, Kansas 67213
(316) 630-0003 (Office)
(316) 518-1324 (Cell)
PURPOSE
CLIENT engages COMPANY to conduct a NON-INVASIVE LIMITED VISUAL EXAMINATION and provide a home inspection report. The purpose of the inspection is to inform the CLIENT of visually observable material defects of the residence and its readily accessible systems and components, subject to the LIMITATION OF LIABILITY contained herein. The inspection and report are performed and prepared for the CLIENT’S sole, confidential and exclusive use and possession. CLIENT agrees that CLIENT is bound by the terms of this Agreement.
SCOPE OF INSPECTION
It is understood and agreed that this inspection will be of READILY ACCESSIBLE areas of the dwelling and is limited to visual observations of apparent conditions existing only at the time of the inspection. The home inspection is limited to a visual examination of three (3) or more of the following readily accessible systems and components, as indicated:
___Heating Systems ___Cooling Systems ___Electrical Systems
___Plumbing Systems ___Foundations ___Roof Coverings
___Exterior and Interior Components ___Structural Components
___Other (_________________________________________________)
The scope of the inspection is limited to the items listed above and within the report pages. The inspection is not designed to, nor can it include all issues which may be in need of attention in the home. It is merely a guide for the CLIENT to aid them during the purchase process.
OUTSIDE THE SCOPE OF THIS INSPECTION
Latent and concealed defects and deficiencies are excluded from the inspection; equipment, items, and systems will not be dismantled and destructive testing will not be conducted. Any area which is not exposed to view, is concealed, or is inaccessible because of soil, walls, wall coverings, floors, floor coverings, ceilings, furniture, personal property, or other barriers whether permanent or movable, is not included in this inspection. Additionally, any areas or items not specifically listed above or within the report pages are outside the scope of the inspection. CLIENT agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection, or considered outside the scope of the inspection. THE REPORT IS NOT A COMPLIANCE INSPECTION OR CERTIFICATION FOR PAST OR PRESENT GOVERNMENTAL CODES OR REGULATIONS OF ANY KIND. The inspection does not include an examination for the conditions and operation of kitchen-type appliances, central vacuum systems, on-site water supplies, softeners or wells, private waste systems, swimming pools, saunas, steam baths, spas, fire and safety equipment and the determination of the presence of wood-destroying organisms or pests. The inspection does not address the possible presence of or danger from any potentially harmful substances and environmental hazards, including, but not limited to, the presence of fungi, mold, mildew, bacteria, asbestos, lead-based paint, urea formaldehyde, gases or condition of air quality, toxic or flammable chemicals, and water and airborne hazards.
NO CONFLICT OF INTEREST
CLIENT acknowledges that the COMPANY has no interest in the property. CLIENT also acknowledges that COMPANY has not offered or delivered to CLIENT a commission, referral fee or kickback for the referral of any business. CLIENT further acknowledges that CLIENT has not engaged COMPANY to perform an inspection or prepare a report contingent upon conclusions in the report, pre-established or prescribed findings or the closing of the underlying real estate transaction.
DISCLAIMER OF WARRANTY
It is understood and agreed that COMPANY is not an insurer and that the inspection and report are not a real estate disclosure, guarantee or warranty of the adequacy, performance, or condition of any structure, item, or system at the residence. Home warranties are available through real estate agents for an additional fee.
NOTICE OF CLAIM
CLIENT shall provide COMPANY with a written notice of a claim for damages within ten (10) business days of the date of the CLIENT’S discovery. CLIENT further agrees to allow COMPANY the opportunity to re-inspect the subject property prior to any remedial measures or repairs, with the exception of emergency conditions. It is the responsibility of the CLIENT to take steps to make immediate temporary repairs to safeguard property or individuals from further harm in case of emergency conditions.
MEDIATION
Any dispute, controversy, interpretation or claim of any kind arising out of, from or related to, the inspection, the inspection report, this Agreement, or the services provided in relation to this Agreement shall be submitted to mediation prior to filing suit. In the event the parties cannot mutually agree upon the selection of a mediator, the parties agree that the Midwest Pro-ASHI Chapter of the American Society of Professional Home Inspectors shall select the mediator. The mediator’s fees shall be borne equally by the parties.
GOVERNING LAW, SEVERABILITY & ENTIRE AGREEMENT
This Agreement shall be governed by Kansas law. Should any court determine and declare that any portion of this Agreement is void, voidable or unenforceable, the remaining and portions shall remain in full force and effect. This Agreement contains the entire agreement between the parties and it supersedes any previous oral or written agreements. No other representations, promises, statements or assertions have been made by the parties, and no statements or promises have been relied on by either absent the provisions set forth herein. Should the CLIENT request that COMPANY assume a greater liability than what is set forth in the LIMITATION OF LIABILITY, the additional liability and corresponding fee shall be defined in a separate document, signed by the parties and the same shall be incorporated into this Agreement.
LIMITATION OF LIABILITY
CLIENT acknowledges and agrees that, in the event that COMPANY is found liable to CLIENT for any errors or omissions, breach of contract or express warranty, negligence or any other common law theory allegedly resulting from the home inspection or in the preparation of the corresponding inspection report, then the liability of the COMPANY is limited to a sum equal to the inspection fee paid by CLIENT for the base inspection. If requested by CLIENT, COMPANY will assume a greater liability, but only for an additional charge to be agreed upon by CLIENT and COMPANY. If COMPANY and CLIENT so agree, it will be defined in a separate document.
_____________________________________ ______________
CLIENT DATE
By signing below, CLIENT acknowledges that CLIENT received this Pre-Inspection Notice and Agreement prior to the start of the home inspection, that CLIENT has been given appropriate time to read this Agreement and that CLIENT has read, understands and agrees to the terms and conditions contained herein.
______________________________________ __________________
CLIENT DATE
______________________________________ __________________
COMPANY (Maybee Property Inspections, LLC) DATE