PRE-INSPECTION NOTICE and AGREEMENT
Sims Inspection Service, Inc. 316-683-1011
Eric Sims - Member: American Society of Home Inspectors. Member: Kansas Association of Real Estate Inspectors
THIS AGREEMENT LIMITS OUR LIABILITY - PLEASE READ IT CAREFULLY
CLIENT engages SIMS INSPECTION SERVICE, INC. (hereafter referred to as "COMPANY") to conduct a NON-INVASIVE LIMITED
VISUAL inspection and provide a written home inspection report. The purpose of the inspection is to inform CLIENT of visually
observable material defects of the residence and or other mutually agreed upon buildings(s) and readily accessible systems and
components contained therein, subject to the Standards of Practice as adopted by the Kansas Association of Real Estate Inspectors
(and freely available at KAREI.ORG). The inspection and report are performed and prepared for the CLIENT'S sole, confidential, and
exclusive use. CLIENT agrees CLIENT is bound by the terms of this agreement for any and all related inspections.
SCOPE OF THE INSPECTION:
It is agreed that the inspection will be only of readily accessible areas of the dwelling and is limited to visual observations of apparent
conditions existing only at the time of inspection. This inspection will be performed in compliance with the Standards of Practice and
Code of Ethics as adopted by the Kansas Association of Real Estate Inspectors. The scope of the inspection is limited to the items
listed herein and within the inspection report pages. The home inspection is limited to a visual examination of one or more of the
following readily accessible systems and components: Heating System, Cooling System, Electrical System, Plumbing System,
Structural Components, Foundations, Roof Coverings, Exterior and Interior Components.
OUTSIDE THE SCOPE OF THIS INSPECTION:
Building code or zoning violations; engineering analysis, termites or other wood destroying insects or organisms (including fungi)
asbestos; lead; radon; biological and environmental contaminations, including MOLD; formaldehyde; water or air quality;
electromagnetic radiation; property value appraisal; repair cost estimates; detached buildings; pools and spas; underground piping,
storage, and mechanical devices; private water or sewage systems; saunas and steam baths and their related fixtures and
equipment; sprinkler system timers and other timed devices; water softener and purifier systems; solar heating systems; alarm
systems; low voltage systems; exterior sensor controlled light fixtures; kitchen type appliances; furnace heat exchangers; efficiency of
any system or component; prediction of life expectancy of any system or component; etc. THIS REPORT IS NOT A COMNPLIANCE
INSPECTION OR CERTIFICATION FOR PAST OR PRESENT GOVERNMENTAL CODES OR REGULATIONS OF ANY KIND.
Client agrees that COMPANY assumes no responsibility for any item or condition which is considered outside the scope of this
DISCLAIMER OF WARRANTY AND CONFLICT OF INTEREST:
It is understood and agreed that COMPANY is not an insurer and report is not a substitute for a Seller's real estate disclosure. Report
is not a guarantee or warranty as to the adequacy, performance or continued operation of its structure, components or systems. Client
acknowledges that COMPANY has not offered or delivered to CLIENT a commission, referral fee or kickback and the inspection
report fee is not contingent upon the report conclusions or closing of the real estate transaction.
LIMITAION OF LIABILITY:
In the event that COMPANY / INSPECTOR is found to be liable 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 COMPANY / INSPECTOR
shall not exceed the total fee paid for the inspection. In the event that the COMPANY / INSPECTOR 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 COMPANY / INSPECTOR is limited to a sum equal to the base
inspection fee paid by CLIENT . If requested, COMPANY may be willing to assume a greater liability, but only for an additional charge
to be agreed upon by CLIENT and COMPANY. If CLIENT and COMPANY so agree, it will be defined in a separate attached
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 circumstances.
Any dispute, controversy, interpretation, or claim of any kind arising out of, from, or related to the inspection, this agreement, written
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 Kansas Association of Real
Estate Inspectors shall select the mediator. The mediator's fees shall be borne equally by the parties to this agreement.
GOVERNING LAW, SEVERABILITY & ENTIRE AGREEMENT:
This agreement shall be governed by Kansas law. Should any court or mediator determine and declare that any portion of this
agreement is void, 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.
THIS AGREEMENT LIMITS OUR LIABILITY - PLEASE READ IT CAREFULLY AND CLICK "I AGREE" BELOW