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Inspection Agreement
Initial your agreement at all the " Client's Init. X__, sign and date at the bottom of the second page. Fill in your name, date and address at the top of page #1.
INSPECTION AGREEMENT
THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS AN ARBITRATION CLAUSE
PLEASE READ IT CAREFULLY
Client: Report #
Property Address:
Inspection Date:
| This Inspection Agreement contains the terms and conditions of (the "Client") contract with Superior Home Inspection (the "Company") for an Inspection of the Property at the above address. This Inspection Agreement contains limitations on the scope of the Inspection, remedies and liability. Please read it carefully. By signing below, Client represents and warrants that Client has secured all approvals necessary for the Company to conduct the Inspection of the Property. Client also warrants they will read the entire Inspection Report when received and shall promptly call with any questions or concerns client may have regarding the Inspection or Inspection Report. This Inspection is being performed for the exclusive use and benefit of the Client, and the Inspection, including the written Report, is not to be transferred to, utilized or relied upon by any other person or entity without prior written permission of the Company. |
1. INSPECTION
The Company agrees to perform a limited visual inspection of the systems and components included in the inspection as they exist at the time of the inspection and for which the Client agrees to pay a fee. The Inspection will be performed in accordance with the Standards of Practice of the American Society of Home Inspection (ASHI), which are attached, and is limited by the limitations, exceptions and exclusions so stated in the Standards of Practice and this Agreement. |
2. DISCLAIMER OF WARRANTY
Client understands that the Inspection and Inspection Report do not, in any way, constitute a/an: (1) guarantee (2) warranty of merchantability or fitness for a particular purpose, (3) express or implied warranty, or (4) insurance policy. Additionally, neither the Inspection nor Inspection Report is substitutes for any real estate transfer disclosures which may be required by law. |
3. NOTICE AND STATUE OF LIMITATIONS
Client agrees that any claim, for negligence, breach of contract or otherwise, be made in writing and reported to Company within ten (10) business days of discovery. Client further agrees to allow Inspector the opportunity to re-inspect the claimed discrepancy, with the exception of emergency conditions, before Client or Client's agents, employees or Independent contractors repairs, replaces, alters or modifies the claimed discrepancy. Client understands and agrees that any failure to notify Inspector as stated above shall constitute a waiver of any and all claims Client may have against Inspector. Any legal action must be brought within one (1) year from the date of the Inspection, failure to bring said action within one (1) year of the date of the Inspection is a full and compete waiver of any rights, actions, or causes of actions that may have arisen therefrom. Time is expressly of the essence herein. This time period may be shorter than otherwise provided by law. |
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4. LIQUIDATED DAMAGES
It is understood and agreed to by the parties hereto that the Company is not an insurer, that the payment for the Inspection and Inspection Report is based solely on the value of the service provided by the Company in the performance of the limited visual Inspection and production of the Inspection Report as described herein, that it is impracticable and extremely difficult to fix actual damages, if any, which may result from a failure to perform such services, and in the case of failure to perform such services and a resulting loss, Company's liability hereunder shall be limited and fixed in amount equal to the Inspection fee multiplied by two (2), or to the sum of the five hundred dollars ($500.00), whichever sum shall be less, as liquidated damages, and not as a penalty, and this liability shall be exclusive. |
| CLIENT'S INITIALS X________ |
5. DISPUTE RESOLUTION - ARBITRATION CLAUSE
Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation or any other theory of liability arising out of, from or related to this contract or arising out of, from or related to the Inspection or Inspection Report shall be submitted to final and binding arbitration under the rules and procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. The decision of the arbitrator appointed thereunder shall be final and binding and judgment on the award may be entered in any court of competent jurisdiction. |
| CLIENT'S INITIALS X________ |
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6. ENVIRONMENTAL AND HEALTH ISSUES
The Client specifically acknowledges that a Home Inspection is NOT an Environmental Survey and is not intended to detect, identify, disclose or report on the presence of any actual or potential environmental concerns or hazards. Such environmental concerns and hazards include but are not limited to asbestos, radon, lead, urea formaldehyde, mold, mildew, fungus, odors, noise, toxic or flammable chemicals, water or air quality, PCB's or other toxins, electro-magnetic fields, underground storage tanks, proximity to toxic waste sites, carbon monoxide in the air, water, soil or building materials. |
| CLIENT'S INITIALS X________ |
7. LIMITATIONS, EXCEPTIONS AND EXLUSIONS
The Inspection only includes those systems and components expressly and specifically identified in the Inspection Report. The Inspection limitations, exceptions and exclusions in the Standards of Practice are incorporated herein. In addition, any area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing or any other fashion is excluded. The Inspection does not include any destructive testing or dismantling. The following systems and components and areas are among those NOT included in the Inspection or Inspection Report: |
- Latent or concealed defects, compliance with code or zoning ordinances or permit research or system or component installation or recalls.
- Structural, geological, soil, wave action or hydrological stability, survey, engineering, analysis or testing.
- Termites or other wood destroying insects and or organisms, rodents or other pests, dry-rot or fungus; or damage from or relating to the preceding.
- Private water, sewage systems, water softeners or purifiers, radiant heat systems or solar heating systems.
- Pools, spas, hot tubs, saunas, steam baths, fountains or other types of or related systems and components.
- Repair cost estimates or building value appraisal.
- Thermostatic or time clock controls, radio controlled devices, automatic gates or elevators, lifts, dumbwaiters.
- Free standing appliances and gas appliances such as fire pits, heathers and lamps. Main gas shut off valve. Any gas leaks. Furnace heat exchangers.
- Seismic safety, security or fire safety systems or security bars and/or safety equipment.
- Any adverse condition that may affect the desirability of the property including but not limited to proximity to railroad tracks or airplane routes, boundaries, easements or rights of way, adjoining properties or neighborhood.
- Unique/technically complex systems or components, system or component life expectancy or adequacy or component.
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8. GOVERNING LAW & SEVERABILITY
This Agreement shall be governed by Missouri law. If any portion of this Agreement is found to invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between the parties. |
9. OTHER SERVICES
It is understood and agreed to by the parties hereto that all the provisions, limitations, exceptions and exclusions of this agreement shall apply to any optional services entered into by the parties. |
10. ENTIRE AGREEMENT, MODIFICATIONS & 3RD PARTIES
This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, assigns and representatives of any kind whatsoever. |
| I have read, understand and agree to all the terms and conditions of this Agreement and to pay the fee shown above. |
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Dated: _____________ Signature of Client __________________________________
(One signature binds all)
Dated: _____________ For the Company 
Kansas City Home Inspection | Kansas City Home Inspectors | Kansas City Inspectors |
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