By clicking "Submit", 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 herein.
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 solution. 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 borne equally by the parties.
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.
CLIENT acknowledges and agrees that, any action to recover damages for any cause including errors or ommissions, 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 must 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 the 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.
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.The inspection report is the property of COMPANY and may not be provided to others without the consent of the COMPANY. CLIENT agrees that CLIENT is bound by the terms of this Agreement for the initial and any re-inspections.The inspection report may be updated or changed by COMPANY within 48 hours.
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 and report will substantially follow the laws and rules and regulations as provided by any State regulatory board or agency and the American Society of Home Inspectors. 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.
(This list is not all inclusive)
NOTE: At the discretion of the inspector probing may be conducted to determine the condition of a surface or material.
NOTE: Services outside the scope of the inspection may be included in the inspection for an additional fee.
NOTE: Inclusion 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.
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 or repair. The scope of the inspection is limited to the items listed within the report pages and will substantially follow the ASHI Standards 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.
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.
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.