PRE-INSPECTION NOTICE / AGREEMENT
MAYBEE PROPERTY INSPECTIONS LLC..
7301 E Huntington— Wichita, KS 67206 316-630-0003 E-MAIL – firstname.lastname@example.org
www.maybeeinspections.com Registration number 0110-0117
THIS AGREEMENT LIMITS OUR LIABILITY – PLEASE READ IT CAREFULLY
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 CLAIM 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 for the initial and any re-inspections.
OUTSIDE THE SCOPE OF THE INSPECTION
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. The inspection does not include any destructive testing or dismantling and the inspection will follow the laws and rules and regulations as provided by the State of Kansas and the Home Inspection Registration Board. 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 this inspection.
HE FOLLOWING ARE CONSIDERED OUTSIDE THE SCOPE OF THIS INSPECTION:
Building code or zoning violations, past or present Engineering analysis Termites or other wood destroying insects or organisms (including fungus) Asbestos, lead, radon, biological contamination, formaldehyde, water or air quality, electromagnetic radiation or any environmental hazards including MOLD Property value appraisal or repair cost estimates Detached buildings Pools or spas—bodies, underground piping and mechanical devices Private water or private sewage systems Saunas, steam baths or fixtures and equipment Sprinkler systems timers and other timed devices Water softener / purifier systems, solar heating systems, alarm systems, low voltage systems, kitchen type appliances Furnace heat exchanger Adequacy or efficiency of any system or component Prediction of life expectancy of any system or component
NOTE: At the discretion of the inspector probing may be conducted to determine the condition of a surface or material.
WITHIN THE SCOPE OF THE INSPECTION
The scope of the inspection and report is a limited visual inspection of the general systems and components of the home to identify any systems or components listed in the report which in the opinion of the inspector are materially defective and in need of major repair or may warrant further investigation. The scope of the inspection is limited to the items listed within the report pages. It is understood and agreed that the home inspection is limited to a visual examination of three (3) or more of the following readily accessible systems and components:
(exceptions will be noted in the inspection report)
Heating Systems Cooling Systems Electrical Systems Plumbing Systems Foundation Roof Coverings Exterior and Interior Components Structural Components
NOT A WARRANTY
This is not a home warranty, guarantee, insurance policy or substitute for a real estate disclosure. 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) 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.
STATUTE OF LIMITATIONS
CLIENT acknowledges that pursuant to the Kansas Home Inspectors Registration Act, and this agreement, any action to recover damages for any cause including errors or omissions by COMPANY relating to the home inspection or the home inspection report must be brought not more than twelve (12) months from the date COMPANY performed the inspection.
LIMITATION OF CLAIM
In the event that the COMPANY is found to be liable to CLIENT for any acts including errors or omissions which are related to the home inspection or the home inspection report, then the total aggregate for any claim made against the inspector or the COMPANY shall not exceed $2,000, as set forth in the KSA 58- 4501 (“the Act”). In the event that the COMPANY is found to be liable to CLIENT from any other cause or causes of action not covered by the Act, (including, but not limited to, breach of contract or warranty, violations of the Kansas Consumer Protection Act, or any other common law theory or statutory violation or claim alleged or found not to be covered by the statutory limitation set forth above), 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.
Any dispute, controversy, interpretation or claim of any kind arising out of, from, or related to, the inspection, this Agreement, or the inspection report, or the services provided in relation to this Agreement shall be submitted to mediation prior to filing any action. 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 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 or arbitrator determine and declare that any portion of this Agreement is void, voidable or unenforceable, the remaining provisions 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 agreement. 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.
PLEASE COMPLETE THE FOLLOWING