All Building Inspections Ltd (“the Company”) agrees to supply to you “the Client” a written Report (“the Report”) on the visual, non-invasive inspection of a residential building(s) in accordance with these terms and conditions.
1. The inspection and Report are undertaken in accordance with the NZS 4306:2005. A copy of this Standard is available at our office for inspection, or you may obtain a copy from Standards New Zealand.
2. The Client is responsible for ensuring that reasonable access can be obtained to the residential building(s). Should reasonable access not be provided then the Report will highlight this and state the areas of the residential building(s) that could not be inspected. If a re-inspection is necessary then an additional fee will be charged.
3. The Client is responsible for paying the fee of the Company. An invoice for the inspection is sent with the Report, total payment is expected within 7 days. An additional service charge of $100 will be added to any debt collection fees. A late cancellation fee may be charged if an inspection is cancelled within 24 hours of the time arranged.
Scope of Report
4. The purpose of the Report is to identify significant building defects visible and reasonably accessible at the time of the inspection. The inspection is a non-invasive visual assessment of the general condition of the building. The condition of the internal framing is not known.
5. The Report shall include an assessment of the condition of each of the following areas:
- Roof Exterior;
- Roof space;
- Services; and
- Identified ancillary spaces and buildings including accessory units.
6. In a multi-unit property the Report will only cover the condition of the interior and accessible parts of the immediate exterior of the particular unit and any related accessory units.
7. The Inspection will consider matters such as instability, weathertightness risk, the standard of workmanship and required maintenance.
8. Any recommendations for maintenance or remedial work to be carried out are suggestions only and specific advice and quotes should be sought from whoever is instructed to carry out that work.
9. All our advice that may be relied upon in relation to the residential building(s) is contained in the Report. No liability is accepted for any statements made by any person conducting the inspection at the time of the inspection or prior to the supply of the Report.
Limitations of the Report
10. The Report is deemed to be valid for a period of 90 days from the date of the inspection and any defects must be reported to us within this time frame. The Company cannot be held accountable for any damage howsoever caused after the date of the inspection, including that caused by severe weather. The prevailing weather conditions at the time of the inspection will be included in the Report and it will state where the assessment of any apparent defect is subject to the prevailing weather conditions.
11. The Report is not a structural survey and does not provide specialist plumbing, heating, gas or electrical inspection but will make general comment on age, material type, socket testing and apparent general working order. The Report does not cover building component systems, appliances, pest infestation, contamination, grounds or soil conditions.
12. The inspection does not include any areas or components which are concealed or closed in behind finished surfaces (such as plumbing, drainage, heating, framing, ventilation, insulation or wiring) or which require the moving of anything which impeded access or limited visibility (such as floor coverings, furniture, appliances, personal property, vehicles, vegetation or soil).
13. As the purpose of the inspection is to assess the general condition of the building based on the limited visual inspection, the Report may not identify all past, present or future defects. The Report is not a technically exhaustive investigation nor is it practicable to imply every defect has been itemised or identified. The Report is based on items that are readily visible at the time of the inspection. Descriptions in this Report of systems or appliances relate to existence only and not adequacy or life expectancy. Any area or component of the building or any item or system not specifically identified in this Report as having been inspected is excluded from the scope of the inspection.
14. A building Report is not a Code Compliance Certificate or a Certificate of Acceptance under the Building Act. Council approval for the property is not investigated and we recommend that all clients obtain a Land Information Memorandum from the Council. The Report may contain information obtained from the Council or other 3rd parties and we accept no responsibility for that information.
15. Where the investigation and/or report is being obtained for business purposes, the statutory guarantees contained in Consumer Guarantees Act 1993 will not apply.
Limitations of Weathertightness Reporting
16. The Inspection will consider areas of weathertightness risk in accordance with Appendix A of NZS 4306:2005 (“Appendix A”). However, the inspection does not assess compliance with the NZ Building Code including the Code’s weathertightness requirements. Appendix A is attached to the report for informative purposes only.
17. The T650 moisture meter is used for the inspections. It is a handheld instrument that uses a dielectric scanning method for fast, nondestructive determination of moisture content in areas of up to 40mm from the surface. When using the moisture meter during the inspection evidence of variation from normal levels and areas where higher than normal levels are recorded.
18. Moisture testing is carried out around the windows, doors, and wet areas of the dwelling and where it is thought necessary, however the evaluation is non-invasive and so has its limits. Non-invasive moisture scanning devices are useful tools, however they have limitations due to environment and limitations of the equipment.
19. Non-invasive moisture testing does not constitute a weather-tightness guarantee and is dependent on the weather conditions prior to the inspection. Water ingress can occur intermittently and may not be detected by non-invasive moisture testing. A specialist invasive weathertightness inspection can be provided upon request (and with the permission of the home owner) and at an additional cost but this is beyond the scope of the Report. The report is not a leaky home/ weathertightness report. The Report is not a warranty against problems with the building developing or becoming apparent after the date of inspection.
Limitations on Liability
20. Where the Client disputes any condition assessed in the Report it shall notify the Company within seven days of detection of such a dispute. The Client (including its agents, employees or independent contractors) shall not, with the exception of emergency conditions, make any alteration, modification or repairs to the disputed condition prior to a re-inspection by the Company. Any failure by the Client to notify the Company in accordance with this clause shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.
21. Whilst the utmost diligence has been taken with the Report, the Company nor any of its employees or officers shall not be liable to the Client in any way unless legal proceedings are commenced against the Company within three years of the date of the Report.
22. Neither the Company nor any of its employees or officers will be liable for any indirect or consequential losses arising from an inspection carried out or Report provided by the Company.
23. If the Company or its employees or officers are found liable to the Client the amount of any liability is strictly limited to the sum of five times the fee.
Report Personal to Client
24. The report is the intellectual property and copyright of the Company and has been prepared exclusively for the Client. The Client agrees that the Report is personal to them and shall not be assigned or disclosed or distributed (other than disclosed or distributed to professional advisers for the purpose of complying with clause 9.3 of the ADLSI Agreement for Sale and Purchase of Real Estate, or other similar agreements, where expressly requested to do so by the vendor) without the written permission of the Company.
25. The Company accepts no liability to any person other than the Client. Any third party relying on the contents of the Report does so at their own risk and the Company disclaims any liability for any loss (direct or consequential), cost or damage resulting.
26. If the information and terms and conditions in this letter are acceptable please reply to this email with your confirmation so that we may proceed with the inspection.