TERMS OF TRADE
PART A: OVERVIEW OF THESE TERMS
These Terms of Trade apply to all Services that we supply to you.
At House Pre Purchase Inspections Limited ensuring our Terms are transparent and easy to understand is important to us. If you have any questions or are unsure about anything, please contact us.
To make these Terms easy to use, we:
(a) have set out a ‘Dictionary’ in Part H, which explains the specific meaning, for the purposes of these Terms, of the capitalised words used in these Terms; and
(b) have included summaries / outlines for each Part in blue boxes – these are intended for guidance only and do not replace any of the terms in these Terms.
1. Introduction
1.1 These Terms set out all of the terms and conditions that apply to Services that we supply to you.
1.2 Any other terms and conditions will not apply unless expressly approved in writing by us for a particular Order.
1.3 We may update these Terms on notice to you in writing. Our updated Terms will apply to all Services you order after we have notified you that we have updated our Terms.
PART B: SERVICES
Part B sets out details about placing Orders. It also sets out the process that applies if there are any issues with an Order or if an Order is cancelled.
2. Order process
2.1 You may order Services from us in accordance with our order processes that we advise to you at any time.
2.2 All Orders are subject to acceptance by us. We may accept an Order (in whole or in part) by issuing an invoice for the applicable Services, providing the Services or otherwise confirming the order in writing.
2.3 We are under no obligation to enquire as to the authority of any person placing an Order on your behalf.
2.4 You may request Variations to Orders. However, acceptance is at our discretion and is subject to our approval in writing, in accordance with clause 6.
3. Supply of Services
3.1 We will use reasonable efforts to provide Services on the date specified in the relevant Order. However, unless expressly agreed otherwise, the date is indicative only.
3.2 We will provide the Services at the delivery location set out in the relevant Order or any other location agreed with you in writing.
3.3 Subject to clause 14, if the delivery location is at your premises, you must provide our Representatives with suitable access to your premises during normal business hours, together with any assistance reasonably required by our Representatives to perform the Services.
4. Cancellation
4.1 Either party may cancel an Order by written notice if the other party:
(a) commits a material breach of these Terms which is not remedied within 20 Business Days of written notice of the breach from the other party; or
(b) suffers an Insolvency Event.
4.2 If we are unable to provide Services to you, due to reasons beyond our reasonable control, we may cancel the Order (in whole or in respect of any instalment) by giving written notice to you. We will repay you any amount you have paid to us in advance for the relevant Services. We will not be liable for any loss or damage arising from such cancellation.
5. Bookings
5.1 You can make bookings for the Services via phone or e-mail to us. You must confirm such booking with us by phone to ensure that adequate time is allowed to reserve the booking for the Services, and that all the details of the Services to be provided by us are correct.
5.2 In the event you cancel the scheduled inspection that has been booked and you provide 24 hours’ notice, prior to the commencement of the Services, you shall be liable to pay us a cancellation fee.
6. Variations
6.1 We may require variations to an Order if we identify factors that affect delivery of the Services to you, before or during our provision of the Services. Any such variations will be submitted to you for approval (Variation Notice). You must respond to a Variation Notice as soon as possible (and within 10 Business Days). We may suspend or delay provision of the Services pending your approval.
6.2 If you do not respond to a Variation Notice within 10 Business Days, we may assume that you have accepted the applicable variations.
6.3 If you notify us, within 10 Business Days of a Variation Notice, that you do not accept the variations, we will cancel the Order (or, if applicable, the remaining Services to be provided under the Order) on notice to you. We will repay you any amount you have paid to us in advance for Services that we do not provide as a result of such cancellation (less any unrecoverable costs that we have incurred).
PART C: PRICE
Part C sets out terms relating to the Price for Services.
7. Price
7.1 The Price for Services will be:
(a) calculated in accordance with our current price list as at the date you submit the relevant Order;
(b) calculated based on our standard hourly rate as at the date the Services are provided;
(c) the Price that we have quoted for Services (subject to clause 7.5).
7.2 We may update our price list and standard hourly rates at any time on notice to you in advance. Any such updates will only apply to Orders placed after the effective date of the update.
7.3 Unless otherwise stated, the Price does not include GST.
7.4 We may charge you for insurance, disbursements and any applicable taxes, duties and levies, in addition to the Price.
7.5 Where we provide a quotation, proposal or estimate:
(a) unless otherwise specified, the quotation, proposal or estimate is valid for 30 days from the date of issue and may be subject to such further conditions as are expressly set out in the quote, estimate or pricing;
(b) we may withdraw the quotation, proposal or estimate at any time before you accept it or we accept an Order by notice in writing to you; and
(c) the quotation, proposal or estimate will be exclusive of any applicable additional amounts referred to in clause 7.4.
PART D: PAYMENT TERMS
Under these Terms, we may supply Services to you on credit. It is very important to us that you pay us in full by the due date for payment. The following clauses provide additional protections for us to reflect that arrangement, including terms that will apply if there are any delays or disputes relating to payments.
8. Payment
8.1 You must pay us all Amounts Owing to our bank account (notified to you and updated at any time) or any other payment method that we agree with you.
8.2 Payment shall be:
(a) before delivery of the Services; or
(b) on completion of the Services; or
(c) as indicated on our invoice; or
(d) 20th of the month following; or
(e) no later than 7 days from the date of the invoice (unless otherwise stated on the invoice), and
(f) in full without deduction, withholding, set-off or counterclaim.
8.3 If you have any dispute relating to an invoice issued by us, you:
(a) must notify us of that dispute in writing within 7 days from the date of invoice (after that period, unless there is a manifest error, you will be deemed to have accepted the invoice); and
(b) will only withhold payment of the amount in dispute and will, upon resolution of any dispute, immediately pay the balance (if any) due to us.
8.4 We and you each agree to promptly deal with any disputed invoices and, where possible, to resolve disputes before the due date for payment.
9. Credit terms and repayment obligations
9.1 The provision of Services to you on credit is subject to our approval. We may use the services of credit reporters and debt collection agencies (in accordance with clause 15.2).
9.2 You must notify us immediately:
(a) if you suffer an Insolvency Event. Any Amount Owing will, whether or not due for payment, immediately become due and payable if an Insolvency Event occurs; or
(b) if you are a company and there is a material change in your effective management or ownership.
10. Deposit and guarantee
10.1 We may require that you pay us in advance, or pay a deposit, or provide a guarantee or other security, before we supply Services, as security for any Amount Owing.
10.2 If we cancel an Order (for reasons other than your breach of these Terms), we will refund any deposit that you have paid to us in full. Otherwise, any deposit that you pay to us is non-refundable, unless we expressly agree otherwise in writing.
11. Late payments
11.1 If payment in full of any Amount Owing (which is not subject to a genuine dispute) is not made to us on the due date, we may:
(a) suspend, or cancel (in accordance with clause 4.1(a)), the provision of any or all Services to you;
(b) cancel any rebates or discounts (whether or not previously credited); and
(c) charge you interest at a rate of 2.5% per month on the balance of the outstanding amount from the due date of payment until the date the outstanding amount is paid, accruing daily and charged monthly.
12. Costs of recovering Amounts Owing
12.1 You must reimburse us for any reasonable costs and expenses we incur to recover any Amount Owing, including any debt collection fees or commission and full legal expenses.
13. Security
13.1 We reserve the right to require a guarantee, or any other additional security (at your cost), as security for payment, before we provide Services to you.
PART E: COMPLIANCE AND INFORMATION
Part E sets out the provisions relating to health and safety, privacy, confidentiality and intellectual property rights. Unless we agree otherwise, we own all intellectual property rights in the Services.
14. Health and safety
14.1 Each party will comply with the Health and Safety at Work Act 2015 (HSW Act), including all applicable regulations under the HSW Act, as well as all applicable standards and codes of practice relating to health and safety. In addition, each party will comply with the other party’s pre-notified and reasonable health and safety policies when on the party’s premises.
14.2 You must notify us of any known hazards arising from your premises to which any of our Representatives may be exposed while on the premises and ensure that your workplace is without risks to the health and safety of any person.
14.3 Each party must consult, co-operate with and co-ordinate activities with all other persons who have a health and safety duty in relation to the same matter in providing the Services (including in connection with the delivery of the Services).
15. Privacy
15.1 We may collect, use and share Personal Information:
(a) for the purposes of the performance of our obligations or exercise of our rights under these Terms; and
(b) in accordance with the Privacy Act 2020.
This may include sharing Personal Information with our Related Companies.
15.2 We may use the services of credit reporters and debt collection agencies. We may provide your Personal Information to those agencies in order to use their services. Information disclosed to credit reporters (including default information) will be held by them and used to provide credit reporting services.
15.3 If you provide us with any information about a third party (including a representative), or authorise us to collect that information, you confirm that you are authorised by the individual concerned to provide their Personal Information to us or authorise the collection of information about them in accordance with this clause 15. You also confirm that you have informed the individual of their rights to access and request correction of Personal Information.
15.4 You (if you are an individual) and your Representatives have the right to access, and request correction of, any of your Personal Information held by us.
16. Confidentiality
16.1 Each party must keep confidential all Confidential Information.
16.2 Nothing in clause 16.1 prevents a party from disclosing Confidential Information if disclosure is:
(a) required by law, or a Regulator (but only to the extent required or, if applicable, requested by a Regulator);
(b) is reasonably required to enable a party to perform its obligations or exercise its rights under these Terms; or
(c) to a Related Company or Representatives on a ‘need to know’ basis, provided that person is under a duty to keep the Confidential Information confidential in accordance with these Terms.
16.3 We may refer to you as a customer (including by using your logo) and publish any testimonials or references that you provide to us, on our website and associated marketing materials. We will ensure that any such references or testimonials accurately represent your experience with our Services. Please contact us if you do not approve us referring to you in accordance with this clause or have any comments on published content.
17. Insights and Intellectual property
17.1 We may also use any information that we collect in connection with the Services to improve our Services, for statistical and research purposes, and for general information purposes including to provide industry and market insights (together, Insights), provided that:
(a) we must ensure that our obligations of confidentiality and privacy are paramount – for example, we will ensure that any information that we disclose or publish in accordance with this clause 17.1 is in a fully aggregated and de-identified form (so that it does not identify you or any individuals); and
(b) we will not use information that we collect in connection with the provision of the Services to you, in accordance with this clause 17.1, if you have informed us that you do not authorise us to do so.
17.2 To the extent required by law, you grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use and sub-licence information we collect in connection with the provision of Services to you, in accordance with clause 17.1. However, for clarity, we own the intellectual property rights in all Insights.
17.3 We (or our licensors) own all rights, title and interest in the intellectual property rights, in the Services at all times.
17.4 Any new intellectual property which is created by us or on our behalf, including as a result of, or in connection with, the provision of our Services, will be owned by us, unless otherwise agreed in writing.
17.5 You assign all intellectual property rights to us with effect from creation, to the extent required to give effect to clause 17.3 and 17.4, and agree to do all things reasonably required by us to give effect to such assignment.
17.6 You warrant that the use by us of any designs, instructions or specifications supplied to us by you will not infringe the intellectual property rights of any other person and indemnify us against any losses, damages, liabilities or costs (including full legal costs) that we may suffer or incur in the event of any such infringement.
PART F: DISPUTE RESOLUTION AND LIABILITY
If a dispute arises under these Terms, we must follow the process in this part F to resolve the matter. If a claim arises under these Terms, any amount payable by you or us will be limited by the liability framework set out in this Part F.
18. Dispute Resolution
18.1 If a dispute arises out of or in connection with these Terms, either party may give a notice to the other setting out the details of the dispute (Dispute Notice).
18.2 Following receipt of a Dispute Notice:
(a) a Representative of each of us (with authority to settle the dispute) will meet, within 10 Business Days, to try to resolve the dispute;
(b) if the dispute is not resolved within 10 Business Days of our Representatives meeting (or if the meeting does not take place, for any reason, within 10 Business Days of the date of a Dispute Notice), the dispute will be referred to the senior manager of each party (if applicable), who will try to resolve the dispute within a further 10 Business Days; and
(c) if the dispute is not resolved by our respective Representatives in accordance with clause 18.2(b), then either party may commence court proceedings.
18.3 This clause 18 does not restrict either party from applying to a court for interim measures or any other form of urgent relief at any time. However, neither party may commence any other form of court proceeding without first following the procedure set out in this clause 18.
18.4 Each party must continue to perform its obligations in these Terms, despite the existence of a dispute, subject to the termination rights set out in these Terms.
19. Consumer Guarantees Act
19.1 If you are acquiring, or hold yourself out as acquiring, the Services in trade, to the extent permitted by law, you agree that the parties are contracting out of the CGA (to the extent that the CGA would otherwise apply) and that the CGA does not apply to any matters covered by these Terms.
20. Warranties
20.1 We warrant that all Services are free from material defects in workmanship. However, this warranty will not cover any defect or damage to the extent that it is caused by any fault or defect in our Services resulting from any of your (or your Representatives) acts or omissions (outside of the ordinary use of the Services).
20.2 You acknowledge that, except for the warranty set out in clause 20.1 and any written materials that we provide to you:
(a) we do not provide any other express warranties relating to the Services; and
(b) we expressly exclude any other Service warranties, including any warranties relating to the suitability for resale, quality or fitness for any particular purpose, of our Services. However, this clause 20.2 is subject to any rights that you may have under the CGA (in accordance with clause 19.1).
21. Third party suppliers
21.1 If you request and authorise us to arrange the provision of Services directly to you by a third party supplier (whether or not such arrangement involves us contracting as your agent), to the extent applicable, these Terms will apply to our Services in arranging such supply, provided that to the extent permitted by law we exclude all liability in connection with the supply of Services to you directly by a third party supplier. You agree to pay any commission or other payments due to us in accordance with these Terms.
22. Limitation of liability
22.1 To the extent permitted by law, subject to clause 22.3, our total liability under or in connection with these Terms and the Services is limited to:
(a) supplying the Services again; or
(b) the payment of the cost of having the Services supplied again.
22.2 Subject to clause 22.3, if we have any liability under or in connection with these Terms, to the maximum extent permitted by law:
(a) our total aggregate liability to you for any loss, damage or liability arising out of or in connection with these Terms will be limited to the Price paid by you to us for the applicable Services; and
(b) we will not be liable for any:
(i) indirect, special or consequential loss or damage whatsoever; or
(ii) loss of profits, revenue, data, goodwill, customers or opportunity or loss of or damage to reputation.
22.3 Nothing in these Terms (including clauses 22.1 and 22.2) will limit or exclude our liability for:
(a) any fraudulent act or omission;
(b) a breach of clause 16 (Confidentiality);
(c) our wilful breach of these Terms;
(d) our gross negligence; and/or
(e) any matter to the extent that liability cannot be excluded or limited by law.
22.4 The limitations and exclusions on liability in this clause 22 will apply irrespective of whether the legal basis for the applicable claim is contract, equity or tort (including negligence). However, this clause 22 does not limit or exclude any rights that you may have under statute.
22.5 In no circumstances will we have any liability whatsoever under or in connection with these Terms:
(a) for the acts or omissions of your Representatives or any third party;
(b) for any acts or omissions of performance in accordance with your instructions (or instructions from your Representatives); or
(c) to any third party.
PART G: GENERAL
Part G describes miscellaneous provisions necessary for the proper operation of these Terms.
23. General
23.1 Governing Law: These Terms are governed by and to be construed in accordance with the laws of New Zealand and each party submits to the exclusive jurisdiction of the courts of North Shore, Auckland, New Zealand.
23.2 Previous Agreements: These Terms supersede and replace any previous written agreements between the parties relating to the Services.
23.3 Sub-contracting: We may subcontract the performance of our obligations (including to a Related Company), on the basis we remain solely liable to you for the performance of our obligations.
23.4 Assignment: You must not assign, novate or transfer your rights or obligations under these Terms without our prior written consent (which may be withheld in our sole discretion). We may assign these Terms to any other person on notice to you (provided that we will request your prior approval (not to be unreasonably withheld or delayed) if the assignment could have any material adverse effect on you). Without limiting the foregoing, we may assign to any other person all or part of the Amount Owing by you to us.
23.5 Amendments: Any amendment to these Terms must be in writing signed by each party, except where stated otherwise in these Terms or where we are required to make changes to ensure compliance with applicable laws (in which case we notify you of the changes in writing).
23.6 Force majeure: We will not be liable to you for any failure or delay in performing our obligations under these Terms where such failure or delay is caused by events or circumstances beyond our reasonable control, including any strike, lockout, labour dispute, delay in transit, embargo, epidemic, pandemic, accident, emergency, order of government or other authority or act of God.
23.7 Waiver: A single or partial exercise or waiver of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.
23.8 Survival: Any provision of these Terms, which is by its nature a continuing obligation, will survive termination.
23.9 Rights of Third Parties: These Terms are not intended to confer a benefit on any person other than the parties to these Terms.
23.10 Relationship: We will provide Services to you as an independent service provider. Nothing in these Terms creates a relationship of employment, trust, agency, joint venture, partnership or any other fiduciary relationship between the parties.
23.11 Non-exclusive: These Terms are not exclusive and do not impose any restriction on us providing Services to, or you purchasing any product or services from, any other person.
23.12 Counterparts: These Terms may be executed in any number of counterparts (including by electronic signature or by email exchange of .pdf copies) which together will constitute the one instrument.
PART H: DICTIONARY
Part H sets out a Dictionary, to define the capitalised terms used in these Terms.
24. Definitions
Amount Owing means any amount owed by you to us, from time to time, including the Price, any applicable amounts referred to in clause 7, any interest payable by you, your liability under these Terms and any enforcement costs incurred by us in seeking payment of any Amounts Owing by you.
Business Day means Monday to Friday, excluding public holidays in New Zealand.
Confidential Information means all information that could be reasonably regarded in the circumstances as confidential, including information which relates to the business, interests or affairs of a party, the terms of use, the Services (as applicable), and intellectual property rights, but excludes information which is:
(a) in the public domain, other than as a result of a breach of these Terms;
(b) in the possession of a party prior to the commencement of these Terms without any obligation of confidentiality; and
(c) is independently developed or acquired by a party prior to the commencement of these Terms without relying on information which would itself be Confidential Information.
Consumer has the meaning given to that term in the Consumer Guarantees Act 1993.
Insolvency Event means, in relation to you, any of the following steps has occurred (or we have reasonable grounds to believe that any of these steps is likely to occur):
(a) the primary, or all, of your business activities is suspended or ceases;
(b) the presentation of an application for your liquidation;
(c) the making of any compromise, proposal or deed of arrangement with all or some of your creditors;
(d) the appointment of a liquidator, receiver, statutory manager, or similar official;
(e) your suspension or threatened suspension of the payment of your debts as they fall due;
(f) the enforcement of any security against the whole or a substantial part of your assets;
(g) if you are an individual, anything having a similar effect to any of the events specified above happens in relation to you; or
(h) any other insolvency event or proceedings analogous to any of the foregoing occurs in any relevant jurisdiction,
in each case, unless it takes place as part of a solvent reconstruction, amalgamation, merger or consolidation.
Order means an order for Services that you submit to us and we approve, in accordance with clause 2.
Personal Information has the meaning given to that term in the Privacy Act 2020.
Price means the Price payable, in accordance with clause 7.1.
Regulator means any authority, commission, government department, court, tribunal, or similar having regulatory or supervisory authority over the parties or any of the Services.
Related Company has the meaning given to it in the Companies Act 1993, read as if a reference to company was a reference to any body corporate of any jurisdiction.
Representatives means directors, officers, employees, agents and contractors of the relevant party.
Services means any services supplied by us to you at any time, including the Services specified in an Order.
Specific Terms means the terms (if any) that are included in Part I to these Terms.
Terms means these Terms of Trade (including any Specific Terms outlined in Part I), as may be amended from time to time, each Order and any additional terms expressly agreed in accordance with clause 1.2 (if applicable).
We or us means the supplier of Services, House Pre Purchase Inspections Limited.
You or your means the customer purchasing Services from us.
25. Interpretation
In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect interpretation;
(b) a reference to legislation includes all regulations, orders, instruments, codes, guidelines or determinations issued under that legislation or and any modification, consolidation, amendment, re-enactment, replacement or codification of it;
(c) a reference to “in writing” includes by email and a reference to “agree” or “agreement” or “notice” or “approval” means an agreement, notice or approval (as applicable) in writing;
(d) the words “include” or “including”, or similar expressions, are to be construed without limitation;
(e) a reference to a party to includes that party’s successors and permitted assigns and substitutes; and
(f) a word importing the singular includes the plural and vice versa.
PART I: SPECIFIC TERMS
Part I details any specific terms that apply to your order of Services.
26. Your acknowledgements
26.1 These Terms may be meant to be read in conjunction with our Service Proposal.
26.2 We certify that we have no interest, present or contemplated, in the property and no involvement with trades people or benefits derived from any sales, leases or rentals. Any advice, recommendation, information, assistance or services provided by us in relation to the Services is supplied in good faith and with reasonable skill and care and is based on our own knowledge and experience only and it is our belief at the time of issue that all statements and information in the reports is true and correct.
26.3 You acknowledge and accept that we:
(a) will communicate electronically (email), unless otherwise instructed. You accept this form of communication maybe subject to inherent hazards in electronic distribution and as such we cannot warrant against delays or errors in transmitting data between you and us, and you agree that to the maximum extent permitted by law, we will not be liable for any losses which you suffer as a result of internet interruptions beyond our control that may cause delays or errors in transmitting instructions and/or confirmations;
(b) will only carry out visual non-invasive inspections. In the event you specifically request us to carry out tests of a destructive nature, we shall require you, or your authorised Representative, to authorise commencement of the Services in writing. We shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services.
26.4 The outcome of any inspection shall be as is at the date thereof. We shall not be liable for any further inspections in the event of any variation to your brief, and any additional Services will be charged accordingly under clause 6.
27. Your responsibilities
27.1 You shall as soon as practicable:
(a) make available to us all relevant information, documents, drawings, certificates of title, plans, survey information, accessory buildings, spaces that are to form part of the inspection and other particulars relating to your requirements for the Services, and we are entitled to rely thereon. We shall not be liable whatsoever for any errors in the Services that are caused by incorrect or inaccurate information being supplied by you;
(b) make arrangements to enable us to enter upon the intended site (and other premises as necessary) to enable us to provide the Services;
(c) access within the property needs to be safe and unobstructed (including, but not limited to, roof cavity, foundation spaces, locked or blocked spaces). If a minimum clearance is not available, the area of inspection must be within our unobstructed line of vision; and
(d) in the event any of your personal items prevent access, we shall not remove any of these items.
27.2 You acknowledge and agree that we shall have uninterrupted full access to the site until such time as the Services have been completed and all our equipment has been removed.
28. Inspection, report scope and limitation
28.1 The inspection and report are intended only as a general guide to assist you to make your own evaluation of the overall of the property and is not intended to reflect the value of the premises, nor make any representation as to the advisability of purchase, lease or rental.
28.2 The report expresses the opinions of ours, based upon our impressions and assessment of the conditions that existed at the time of the inspection only and is based on a visual and non-invasive inspection.
28.3 The inspection and report are not intended to be technically exhaustive, or to imply that every component was inspected.
28.4 All components and conditions which by the nature of their location are concealed, deliberately hidden, camouflaged or difficult to inspect, where there is risk of damage to any part of the building, or where access is not reasonably and safely available to carry out visual inspections, are excluded from the report and we will only inspect areas of the property that are reasonably accessible, namely:
(a) if there is an access hatch available to the roof space at least 450mm x 450mm that is not blocked, has a crawl space of at least 600mm x 600mm and is accessible from a standard 3.6-metre ladder;
(b) if there is access to the subfloor of at least 500mm x 400mm and a clearance of at least 400mm; and
(c) for roof inspections the roof height needs to be accessible from a 3.6m ladder.
28.5 Any suggestions or recommendations contained in the report are suggestion only and unless otherwise stated, the inspection shall not consider compliance with the New Zealand Building Code, including the code of watertightness, or structural aspects. It shall be the responsibility of the person or persons carrying out the work to ensure the most appropriate remedies are carried out in conjunction with any further discoveries, and any necessary local authority consents obtained prior to proceeding with remedial work.
28.6 Matters which are not within the scope of the inspection, unless a request is made in writing to us, include, but are not limited to:
(a) footings;
(b) concealed damp proof membranes;
(c) concealed drainage;
(d) plumbing pipes;
(e) electrical cabling, fixtures or fittings;
(f) the operation of chimneys or fire places;
(g) floor coverings and appliances;
(h) ventilation systems;
(i) hot water systems;
(j) hazards;
(k) telecommunications, aerials and antennae;
(l) pools, spas, saunas and equipment;
(m) legal title issues;
(n) building warrant of fitness or services described on a compliance schedule;
(o) planning or resource consent issues (although any possible issues may be notified if picked up);
(p) long term maintenance planning;
(q) heritage obligations;
(r) body corporate rules;
(s) terms of cross lease or occupation agreements.
29. Moisture tests
29.1 Moisture testing will be conducted as part of the Inspection. This non-invasive tool provides moisture readings. However, you acknowledge that these readings are qualitative and may not include images or specific moisture levels. We will inform you if any elevated moisture readings suggest the need for further invasive investigations.
30. Drone roof inspections
30.1 We may use a drone to undertake visual inspection over height areas. Drone inspections are a visual inspection of the roof surface, to try to identify any major visible defects and weather tightness risks.
30.2 You acknowledge that there are limitations in drone roof inspections in that we have not physically walked on the roof. We will observe images and provide advice on further actions that may be required or recommended.
30.3 You agree and understand that we may not detect some roof defects that may have been detected had there been physical access of the roof.
30.4 Any drone inspections to be undertaken shall be reflected in the quote provided to you and will incur additional fees.
30.5 We will require permission to operate a drone from the vendor or any third party of shared properties.
31. Asbestos inspections
31.1 We are not asbestos surveyors, and we shall not be liable in the event asbestos is not identified. If you require a report on whether the building contains asbestos, you will need to obtain a specialist asbestos survey.
31.2 We may advise of possible concerns regarding asbestos or make a comment of this in our report if in our experience we expect a material to contain asbestos, however you must, at your own expense, arrange for an asbestos survey to fully detail materials that contain asbestos.
31.3 It is our recommendation that a specialist asbestos survey is undertaken in the event you are planning a renovation or upgrade.
32. Preliminary run down
32.1 At our sole discretion, following an inspection and subject to payment of a deposit for the report, we may provide a preliminary run down of the inspection to you by telephone or in person.
32.2 The preliminary run down is intended to advise you of any major concerns and risk factors by providing you with a basic understanding of the overall condition of the property.
32.3 You acknowledge and accept that a preliminary run down is not a verbal report and is intended to provide you an opportunity for you to decide whether you wish to proceed with the purchase of the property.
32.4 In the event you:
(a) wish to proceed with the purchase of the property after a preliminary run down, then you must pay us for the full cost of the report in order to rely on the inspection and report;
(b) do not wish to proceed with the purchase, you may withdraw from our Services without further charge and a report will not be provided in this instance.
32.5 You accept that should you proceed without obtaining our full report and withdraw from our Services prior to you making an unconditional offer, we shall not be liable for any losses suffered.
33. Refund policy
33.1 You shall have no right to a refund should you simply not be satisfied with the contents of the report.
33.2 Where a refund has been provided in relation to the report, you or any other third party may not use the report.
