Essential Inspections LLC.
1404 E 345 Rd
Berryton Kansas 66409
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Limited Mold Sampling Agreement
Please read carefully
This Limited Mold Sampling Agreement (the "Agreement") is made effective on the date stated on page 2 of this agreement by and between Essential Inspections LLC. (hereinafter "Inspector", "we", "us" and "our") and client named on page 2 of this agreement (hereinafter "Client", "You" or "Your") (Collectively "parties"). We are an independently owned and operated company engaged in the business of providing home inspection services utilizing an approved Lab for environmental laboratory analysis. You desire to have Limited Mold Sampling performed on a home located at the address stated on page 2 of this agreement.
Purpose. The purpose of limited Mold Sampling is to detect the presence of mold in Client defined areas of the Subject Property.
Scope of Limited Mold Sampling. Limited Mold Sampling consists of a visual assessment for mold problems in area(s) designated by You and the collection/analysis of sample(s) in these designated area(s). Further, the objective of Limited Mold Sampling is to determine whether mold problems exist in the designated area(s) sampled at the time the Limited Mold Sampling is performed. As such, the results of Limited Mold Sampling are not a guarantee that mold does or does not exist in the Subject Property; the results are indicative only of the presence or absence of mold in the areas sampled at the time the Limited Mold Sampling is performed. In light of no currently established Threshold Limit Values (TLV’s) for the majority of substances of biological origins that are associated with building-related exposures, We follow The guidelines of the American Conference of Government Industrial Hygienists (ACGIH). You understand that Limited Mold Sampling is narrower in scope than a Mold Screen. Limited Mold Sampling will be conducted only in Client-defined areas; and is Not a complete assessment of the Subject Property. The inspector is a generalist and is not a Certified Industrial Hygienist or expert in any specific craft or trade. If the Inspector or report recommends further action, including but not limited to counseling with a specialized expert(s), you must do so at your own expense or other wise assume all risk associated with failure to do so.
This inspection is not technically exhaustive. The fee charged for this inspection is substantially less than that of a technically exhaustive inspection.
Visual Assessment. The purpose of the visual assessment is to identify visual mold contamination or conditions that may be conductive to microbial growth, for example, musty odor and/or evidence of water penetration, in the area(s) You designate. The sole purpose of the visual assessment is to detect the presence, or likely presence, of mold in designated area(s); therefore, the Inspector will not be liable for failure to discover any conditions other than readily apparent and accessible mold, including, but not limited t, water penetration. Following the visual assessment sample collection and lab results, the Client will be provided with a written report stating whether mold or conditions indicating mold where found in designated area(s).
Scope of Visual Assessment/Exclusions. THE SCOPE OF THE VISUAL ASSESSMENT IS LIMITED TO READILY ACCESSIBLE AREAS DESIGNATED BY THE CLIENT ONLY. We do not remove floor and wall coverings or move furniture, open walls or perform any type of destructive inspection. Certain structural areas are considered inaccessible and impractical to inspect including but not limited to: the interiors of walls and inaccessible areas below; areas beneath wood floors over concrete; areas concealed by floor coverings; and areas to which there is no access without defacing or leaving out lumber, masonry, roofing or finished workmanship; structures; portions of the attic concealed or made inaccessible by insulation, belongings, equipment or ducting; portions of the attic or roof cavity concealed due to inadequate crawl space; areas of attic or crawl space made inaccessible due to construction; interiors of enclosed boxed eaves; portions of sub areas concealed or made inaccessible by ducting or insulation; enclosed bay windows; portions of the interior made inaccessible by furnishings; areas where locks prevented access; areas concealed by appliances; areas concealed by stored materials; and areas concealed by vegetation . Note: There is no economically practical method to make these areas accessible. However, they may be subject to attack by microbial organisms. NO OPINION IS RENDERED CONCERNING THE CONDITIONS IN THE AFOREMENTIONED OR OTHER INACCESSIBLE AREAS.
Sampling. The inspector will not be able to determine the extent or type of microbial contamination from the results of the Visual Assessment. An appropriate number of samples must be collected, as determined by the visual assessment, before mold can be identified in designated area(s). You will have an opportunity to have samples taken in areas of the Subject Property You designate to establish the presence and type(s) of microbial contamination. The Inspector will send samples to an ESA approved Lab, which will analyze them for the presence of mold. The lab will then issue a report to You detailing the presence and type(s) of mold, if any, found in the samples. A reference guide will be provided, which explains the various types of mold
along with any recommended action(s).
Services. Visual assessment and sampling locations are listed on the reverse side of this Limited Mold Sampling Agreement.
Notice of Claims. You understand and agree that any claim(s) or complaint(s) arising out of or related to any alleged act or omission in connection with the inspection shall be reported to us, in writing, within ten (10) business days of discovery. Unless there is an emergency condition, you agree to allow us a reasonable period of time to investigate the claim(s) or complaint(s) by, among other things, re-inspection before you, or anyone acting in your behalf, repairs, replaces, alters or modifies the system or component that is the subject matter of the claim. You understand and agree that any failure to timely notify us and allow adequate time to investigate as stated above shall constitute a complete bar and waiver of any and all claims you may have
against us related to the alleged act or omission unless otherwise prohibited by law.
Limitations Period. Any legal action arising from this Agreement or from the Inspection and Report, including (but not limited to) the arbitration proceeding more specifically described above, must be commenced within one (1) year from the date of the inspection. Failure to bring such action within this time period shall be a complete bar to any such action a full and complete waiver of any rights or claims based thereon. This time limitation period may be shorter than provided by state law.
UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY. IT IS UNDERSTOOD AND AGREED THAT WE AND LAB ARE NOT INSURERS AND, THAT THE INSPECTION AND REPORT TO BE PROVIDED UNDER THIS AGREEMENT SHALL NOT BE CONSTRUED AS A GUARANTEE OR WARRANTY OF THE ADEQUACY, PERFORMANCE OR CONDITION OF ANY STRUCTURE, ITEM, OR SYSTEM AT THE SUBJECT PROPERTY. YOU HEREBY RELEASE AND EXEMPT ESSENTIAL INSPECTIONS LLC. THE LAB AND OUR RESPECTIVE AGENTS AND EMPLOYEES OF AND FROM ALL LIABILITY AND RESPONSIBILITY FOR THE COST OF REPAIRING OR REPLACING ANY UNREPORTED DEFECT OR DEFICIENCY AND FOR ANY CONSEQUENTIAL DAMAGE, PROPERTY DAMAGE OR PERSONAL INJURY OF ANY NATURE. IN THE EVENT THAT ESSENTIAL INSPECTIONS LLC. THE LAB OR OUR RESPECTIVE AGENTS OR EMPLOYEES ARE FOUND LIABLE DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENT MISREPRESENTATION, NEGLIGENT HIRING OR ANY OTHER THEORY OF LIABILITY, THEN THE CUMULATIVE AGGREGATE TOTAL LIABILITY OF ESSENTIAL INSPECTIONS LLC. THE LAB AND OUR RESPECTIVE AGENTS AND EMPLOYEES SHALL BE LIMITED TO A SUM EQUAL TO THE AMOUNT OF THE FEE PAID BY YOU FOR THE INSPECTION AND REPORT.
THIS INSPECTION, INSPECTION AGREEMENT AND REPORT DO NOT CONSTITUTE A WARRANTY, AN INSURANCE POLICY, OR A GUARANTEE OF ANY KIND; NOR DO THEY SUBSTITUTE FOR ANY DISCLOSURE STATEMENT AS MAY BE REQUIRED BY LAW.
Confidentiality. You understand that the sampling is being performed and report prepared for your sole, confidential and exclusive benefit and use. The Report, or any portion thereof, is not intended to benefit any person not a party to this Agreement, including (but not limited to) the seller or the real estate agent(s) involved in real estate transaction ("third party").
If you directly or indirectly allow or cause the report or any portion thereof to be disclosed or distributed to any third party, you agree to indemnify, defend, and hold us harmless for any claims or actions based on the Inspection, Samples, or the Report brought by the third party.
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, and/or any violation of a Consumer Protection Law 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 via a mutually agreed upon arbitration service. The decision of the arbitrator appointed there under shall be final and binding and judgment on the award may be entered in any court of competent jurisdiction. NOTICE: CLIENT AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
I, the undersigned, acknowledge that I and/or my attorney have carefully read the preceding Inspection Agreement and Description and fully understand and agree with the limitations, exclusions and terms described
I, the undersigned, acknowledge that I and/or my attorney have had ample time and opportunity to review this agreement prior to signing and before the inspection.
I, the undersigned, have read, understood and accepted the terms and conditions of this agreement and agree to pay the fee at the time of services to Essential Inspections LLC.