Terms and conditions of engagement


Visual inspection: The Inspector will perform a visual inspection of the building specified in the Cover Page of this Report (‘the building”) and will provide the Client with a report of the inspection. The purpose of the inspection will be to assess the general condition of the building based on a limited visual examination. For defect investigation and weathertightness assessment reporting, the Inspector will not necessarily need to comply with all aspects of NZ Standard NZS 4306 2005 in order to meet the performance standard stated separately.

Non-invasive: The inspection will be non-invasive and limited to those areas of the building which are readily accessible and visible at the time of inspection. The inspection will not include any areas or items which are concealed behind finished surfaces (such as framing, plumbing, drainage, heating, ventilation or wiring) or any areas requiring the moving of anything which may impede access or limit visibility (such as floor coverings, insulation, furniture, appliances, personal property, vehicles, vegetation, debris or soil).

Significant defects: The inspection will focus on identifying significant apparent defects at the date and time of the inspection. The Client acknowledges:

a. The limited scope of the inspection and accepts that it may not identify all past, present or future defects;

b. The inspection will not assess compliance with the Building Code or any structural aspects;

c. Descriptions in the inspection report of systems or any appliances will relate to existence only and not adequacy or life expectancy.

Client’s duty: The Client will be responsible for identifying the building including identifying any accessory units where the building is part of a multi-unit complex. The Client will arrange for the Inspector to obtain reasonable access to the building including roof space and sub-floor space where reasonably accessible. The Client will disclose to the Inspector any known defects which the Client is aware of, apparent or not, and any problem which may affect the integrity and use of the building or the facilitation of the inspection and reporting.

Not a guarantee: Neither the inspection nor the resulting report will be an express or implied guarantee or warranty regarding the condition of the building or of any item, system or component of the building (including any implied warranty of merchantability or fitness for use or purpose) to the maximum extent permitted by law.

Mould disclaimer: The Client acknowledges that the inspection will not assess compliance with the weathertightness requirements of the Building Code or the existence of rot or decay. While the Inspector may use the visible presence of mould to aid in the assessment of the general condition of the building, the Inspector will not be liable for any claim for damage or loss (whether in contract, tort or otherwise) arising directly or indirectly in connection with the effects of mould, fungi, protozoa or any similar damaging species or the failure of the building or any component to meet the weathertightness requirements of the Building Code.

Additional exclusion: In addition to and without limiting any of the above, the following will be excluded from the scope of the inspection:

a. Any area of the building or site or any item, system or component not specifically identified in the inspection report as having been inspected;

b. Engineering, architectural, geotechnical, geological, hydrological, land surveying or soils examinations;

c. Dismantling of any system, structure or component or any invasive or destructive testing or analysis;

d. Systems including electrical, plumbing, air conditioning, heating (including fire places and chimneys), security, fire warning and control, sewerage, storm water, ducted vacuum systems;

e. Environmental hazards or conditions including the existence of asbestos, toxic fungi or moulds, termites or other pest infestations, electromagnetic radiation, toxic or flammable chemicals, air or water contaminants, geological hazards or floods;

f. Sheds, outhouses, detached buildings, swimming pools, spa pools, saunas and associated equipment, or appliances including but not limited to kitchen, leisure and laundry appliances;

g. Common property or common areas, systems, structures or components where the building is part of a multi-unit complex;

h. Acoustical or other nuisance characteristics of any system, service, structure or component of the building or building complex, adjoining properties or neighbourhood;

i. Any legal, resource consent or building consent or compliance aspects including title, boundaries, occupational rights, resource and planning consent, building consent, Building Code compliance, building warrant of fitness or heritage obligations.

Disclaimer of recommendations and costing: Any repair recommendations or indicative repair costings included in the inspection report will be for general guidance only. The Client will not rely on such recommendations or indicative costings in respect of any legal or financial commitment or repair work but will obtain specific advice from relevant contractors or experts. The Client accepts the risk that damage (including further damage) may occur to the building or its systems or components if any recommended repairs are not carried out properly and expeditiously by the Client.

Notice of omission: The Client will give prompt written notice to the Inspector of the discovery of any material defect affecting the building not reported by the Inspector and, except in an emergency situation, will give the Inspector a reasonable opportunity to re-inspect prior to any repair work being undertaken. In the event that the Client fails to give such notice, the Client waives any claim against the Inspector in connection with the defect to the maximum extent permitted by law.