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THIS AGREEMENT LIMITS OUR LIABILITY - PLEASE READ IT CAREFULLY
This Agreement is by and between the CLIENT listed below and
KANSAS CASTLE PROPERTY INSPECTIONS, L.L.C. herein after referred to as Company.

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 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 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.

THE 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
  • 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.
    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.

     

    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.

    (Inspector has 48 hours to make changes or alterations to any report)

    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.

    LIMITATION 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.

    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.

    Inspection 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.

    By clicking "I Agree" 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 herein.

    INSPECTION FEE SCHEDULE
    $10 Cash Discount if Paid in Full by Cash by Time of Inspection
    INITIAL INSPECTION FEE*DISC. FEE
    Up to 60 miles travel Included in FEE
    Up to 1,499 sq. ft. $260
    1,500 to 1,999 sq ft. $290
    2,000 to 2,499 sq. ft. $320
    2,500 to 2,999 sq, ft, $350
    3,000 to 3,499 sq. ft. $380
    3,500 to 3,999 sq, ft, $410
    4,000 to 4,499 sq, ft, $440
    4,500 and up by quote

    ADDITIONAL FEES - May be added
    to initial inspection fees
    FEE
    Radon Testing at time of inspect. $100
    Radon Testing only $ 125 plus mileage
    Additional Electrical Panels/ea. $ 20
    Additional HVAC (ea) $ 20
    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: $125

    YOU 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 OF $45

    I agree to the terms of this agreement Continue to Pre-Inspection form.