LIMITS OUR LIABILITY - PLEASE READ IT CAREFULLY
This Agreement is by and between the CLIENT listed below
KANSAS CASTLE PROPERTY INSPECTIONS, L.L.C.
after referred to as Company.
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.
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 American Society
of Home Inspectors (ASHI), for home inspections
and Kansas Dept. of Health and Environment for
Radon. 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.
FOLLOWING ARE CONSIDERED OUTSIDE THE SCOPE OF
THIS INSPECTION: (This list is not all inclusive)
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
Pools or spas—bodies,
underground piping and mechanical devices
Private water or private
Saunas, steam baths or fixtures
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
the discretion of the inspector probing may
be conducted to determine the condition of
a surface or material.
outside the scope of the inspection may be
included in the inspection for an additional
in the inspection report of any item normally
considered outside the scope of the inspection,
with or without an additional fee does not
void this agreement or insinuate that any
additional services may be included with or
without a fee.
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 and will substantially follow the ASHI Standard
of Practice. 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.
has 48 hours to make changes or alterations to
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. It is the
responsibility of the CLIENT to take steps to
make immediate temporary repairs to safe guard
property or individuals from further harm in case
of emergency conditions.
OF CLAIM CLIENT
acknowledges and agrees that, any action to recover
damages for any cause including errors or omissions,
or any other cause or causes of action, (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), by COMPANY relating to the
home inspection or the home inspection report
mush be brought not more than twelve (12) months
from the date COMPANY performed the inspection.
In the event that the COMPANY
is found to be liable to CLIENT for any of above
listed acts or causes of action then the liability
of the COMPANY for the aggregate of such claim(s)
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.
MEDIATION/ARBITRATION 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. The parties agree that a member
of the Midwest Pro-ASHI Chapter of the American
Society of Home Inspectors shall act as
the mediator. The mediator's fees shall
be borne equally by the parties.
Should the parties fail
to reach an agreement through mediation
then the claim shall be submitted to arbitration
for the final solutions. The parties agree
that a member of the Midwest Pro-ASHI Chapter
of the American Society of Home Inspectors
shall act as the arbitrator. The arbitrator's
fees shall be bome equally by the parties.
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.
fee is DUE
AT TIME OF INSPECTION.Additional
fee of $30.00 is added to any
and all inspections not paid at the
time of inspection and for all delayed
fee payments whether payment is made
at closing or sale is cancelled. PAYMENT
AT CLOSING REQUIRES APPROVAL PRIOR
TO INSPECTION. Should payment
not be received as agreed, additional
collection fees may be charged
including collection costs and amount
equal to original inspeciton fees.
Prices subject to change without notice.
below, CLIENT acknowledges
that CLIENT received this 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
FEE SCHEDULE $10 Cash Discount if Paid in
Full by Cash by Time of Inspection
to 60 miles travel
to 1,499 sq. ft.
1,500 to 1,999 sq
to 2,499 sq. ft.
2,500 to 2,999 sq,
to 3,499 sq. ft.
3,500 to 3,999 sq,
4,000 to 4,499 sq,
and up by quote
FEES - May be added
to initial inspection fees
Testing at time of inspect.
$ 125 plus
Termite (by request) - Call for Quote.
Ask your agent if paid by seller.
Return trips for reinspection of repairs plus mileage: Determined by number of items.
$125 Mileage may be be charged.
Return trips because a utility is not on plus Mileage:
MAY CHOOSE TO DELAYPAYMENT UNTIL CLOSING
THERE IS A $30 FEE FOR THIS PAYMENT OPTION.
IF FOR ANY REASON CLOSING DOES NOT OCCUR,
AN ADDL $15 WILL BE ASSESSED FOR A TOTAL
I agree to the terms
of this agreement