1. This agreement
a. This agreement defines the scope of our inspection and limits our liability for errors or omissions in our work as set out in clause 4(c).
b. This document contains all of the terms of this agreement and anything inconsistent we or you have said or written to each other is excluded.
c. Some words in this agreement have special meanings as defined in Schedule 1 or elsewhere in this agreement.
d. By accepting the Quote, you agree to pay the Price and agree to the terms of this agreement.
e. If any term of this agreement is in breach of any law, then that term remains part of this agreement but is to be amended only as much as is necessary to comply with that law.
f. If any part of this agreement conflicts with Standards New Zealand NZS4306:2005, this agreement takes precedence.
2. What we will do
a. We will visually inspect the Building.
b. We will write the Report, summarising the condition of the Building in our opinion as experienced inspectors and listing Major Defects, and deliver the Report to you.
c. The Report is intended only as a general guide to help you make your own assessment of the condition of the building. The Report is not an assessment of the value of the building or the advisability of purchase.
d. We will only inspect Accessible Areas of the Building.
e. We will not inspect or report on hidden defects.
f. We do not carry out specialist leaky building, pest, asbestos, electrical, plumbing inspections or test for contamination from drugs or chemicals used in the manufacture of drugs, as defined by the Misuse of Drugs Act 1975, and the Report will not deal with these or other areas outside of our expertise. A non-invasive moisture meter is used but readings are indicative only and their results are not conclusive
g. We will not estimate the costs of any repairs or rectification work.
3. What you will do
a. You will pay us the Price at or before the Inspection Time. Where any inspection is performed before the Price is paid, we may withhold the Report until payment is made, and we will not be liable for any consequence of the late delivery of the Report.
b. You will get authority for us to access the Building for an adequate period at the inspection time and will coordinate access for us.
c. If you delay us or give us an incorrect instruction you will pay us any extra costs we incur.
d. The Report is written for and may be relied upon only by you. If you show the Report to another person you will tell them that they must not rely on it.
e. If you are purchasing a property you indemnify us and keep us indemnified against any claim by the vendor or any third party arising from your release of the Report.
f. If you or anyone on your behalf give us any information about the Building, we can use that information in our Report and will not be liable if it is inaccurate.
4. Breaches of this agreement and limitations on liability
a. If you fail to pay us the Price at or before the inspection time, or fail to pay any amount due under this agreement, we can charge you interest on the unpaid money at the rate of the Westpac business overdraft rate interest rate at the date payment was due.
b. If you breach any part of this agreement you will reimburse us in full the amount of any loss or damage we suffer as a direct or indirect consequence, including legal costs and debt recovery costs.
c. If we breach this agreement or are negligent, including omitting to mention a Major Defect or expressing an inaccurate opinion to you, any liability we might have to you for any loss or damage that you suffer is limited to repaying to you the Price.
d. The person performing the inspection may be our employee or sub-contractor. If so, you agree that they have no personal liability for the inspection or the Report.
1. Words with special meanings
a. Accessible Area: means any area of the Building we deem can be safely and reasonably accessed and extends to include:
i. any roof space with an opening access hole at least 400mmx500mm in size and available space for crawling through the roof space of at least 600mmx600mm and where access does not require the use of a ladder of a length greater than 3600mm
ii. any roof exterior accessible by using a ladder 3600mm long, placed on the ground.
but does not include any other areas of the Building, and particularly does not include:
i. any area that can only be accessed by cutting an access hole, removing screws, nails, bolts, sealants or other fasteners;
ii. any under floor space that has been treated with chemicals;
iii. any area at a height at which safe and reasonable access is not available, or where it is not close enough to be seen directly when safely using a ladder 3600mm long placed on the ground;
iv. any part of the Building that can only be accessed or inspected from land adjacent to the Inspection Address.
b. Building Rules: means the applicable rules and bylaws from the Territorial Authority, Building Code and the Building Act 2004 and its Regulations.
c. Building: means the main building at the Inspection Address, and does not include any outbuildings, sheds, retaining walls or other structures.
d. Major Defect: means a defect severe enough to require rectification in order to avoid unsafe conditions, loss of utility or accelerated deterioration of the Building.
e. Report: means the written report we will provide to you but excludes any verbal comment we make to you prior to or during the inspection.
2. Important exclusions from the Report
a. If the Building is part of a multiple dwelling building, such as an apartment block, a strata titled unit, or a cross leased dwelling, we will only report on the main dwelling and will not report on any common or communal parts of the Building.
b. We will not report on maintenance issues or defects other than Major Defects.
c. We will not move any furniture, household items, floor coverings, plants or soil.
d. We will not cut access holes or remove access covers.
e. We will not cut, scrape, or destroy anything to inspect or test it.
f. We will not assess the Building for compliance with any Building Rules, past or present.
g. We will not make any enquiry of the local Council or any other authority.
h. We will not test any electrical equipment, appliances, smoke alarms, air conditioning, swimming pool plant, security systems or similar. i. We will not inspect, test or report on any of the following:
i. Contamination from drugs or chemicals used in the manufacture of drugs, as defined by the Misuse of Drugs Act 1975.
ii. Footings below ground.
iii. Concealed damp-proof course or membranes.
iv. Electrical installations, light switches and fittings, TV, sound and communications, intercom systems or security systems.
v. Concealed plumbing or drainage.
vi. Swimming pools, spa pools and associated equipment.
vii. Adequacy of roof drainage.
viii. Gas fittings and fixtures.
x. Automatic garage door mechanisms.
xi. The operation of incinerators, fireplaces or heaters, including chimneys and flues.
xii. Floor coverings. xiii. Electrical appliances including hot water cylinders, hotplates, stoves, dishwashers, ovens, microwave ovens or ducted vacuum systems.
xiv. Paint coatings, except external protective coatings.
xv. Health hazards (e.g., allergies, soil toxicity, lead content, radon, presence of asbestos or urea formaldehyde).
xvi. Timber or metal framing sizes and adequacy.
xvii. Structural stability. xviii. Concealed tie-downs or bracing.
xix. Timber pest activity.
xx. Mechanical or electrical equipment (such as gates or adequacy of locks).
xxi. Soil conditions.
xxii. Control joints.
xxiii. Concealed framing-timbers or any areas concealed by wall linings/sidings or cladding.
xxvi. Furniture or accessories.
xxvii. Stored items.
xxix. Environmental matters
xxx. Energy efficiency.
xxxi. Lighting efficiency.
j. You accept we will not detect some issues with the property because:
i. The fault is intermittent or only occurs after regular use.
ii. The type of weather which reveals the fault did not occur during the inspection.
iii. The fault or defect had been deliberately concealed.
iv. Furnishings, vegetation or other material obscured the fault or defect.
v. We were given incorrect information by you, the vendor or their agent.
vi. The fault or defect is not visible when a visual inspection is undertaken.