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Terms and Conditions
INSPECTION TYPE;
The report is prepared for the client based on an above ground visual inspection of the main house to provide general comments on the condition of the house at the time of the inspection only and is intended as a guide to be further investigated in conjunction with other due diligence information.
STATEMENT OF POLICIES;
Statement of policies and terms and conditions adopted for inspections and reports by Harbour Home Inspections. Shore Building Inspections Limited is trading as Harbour Home Inspections. "H.H.I." denotes "Harbour Home Inspections" in the following policies. (Shore Building Inspections Limited) The terms and conditions are also to be deemed the Terms of Trade. If you do not understand any of the Terms and Conditions or are unable to comply, please contact H.H.I. immediately and we will endeavour to assist. H.H.I. retains the right to occasionally update Terms and Conditions. Please call or email for current Terms and Conditions. Shore Building Inspections Limited is trading under the name Harbour Home Inspections.
VISUAL INSPECTION, SCOPE AND LIMITATIONS;
The report is not a NZS:4306 inspection report, nor a structural survey, engineer's report, flood assessment, energy efficiently or weathertightness inspection, Building Consent / Compliance /Code or Act inspection, or any other type of inspection. H.H.I. does not open up, uncover, dismantle or undertake any internal inspections of the building, services, chalets or properties. H.H.I. does not make any emphatic representation as to the soundness of the structure (Including borer or other pest infestations) of the building or materials, (Including but not inclusively; Framing, claddings or membranes) any services, electrics or plumbing and drainlaying, weathertightness (Including existence of any historical, current or future water leak / ingress or flooding) ground stability, structural integrity, the presence of any rot whether being toxic or otherwise or the future soundness or weathertightness of any product, structure, system or adherences to any regulation or code including building consent or any form of compliance, specification or guideline. While all care and effort is taken to discover and record irregularities and defects of the building at the time of the inspection, it is important to note that the report is based on a visual above ground inspection only. Due to the size, complexity and hidden nature of construction, irregularities and defects may not always be viewed, know or anticipated. H.H.I. takes no responsibility or liability for the absences of any information, inaccuracy or omission and is limited in its scope. H.H.I. is not responsible for any hidden construction or finish. Product names, materials and systems may be generalised to help in reading and understanding the report and are assumed to be standard construction or materials when not able to be fully investigated. No invasive or destructive testing is conducted. If you require any further investigation to that which is provided in the inspection report, you should refer the matter back to H.H.I. and we will either undertake further investigations ourselves or refer you to a specialist contractor to do so.
ACCESS;
Safe and unobstructed access is required to all areas of the buildings and property. H.H.I. is not responsible if access to any part of the buildings or property is not reasonably, unobstructed and safely available to carry out a visual inspection or in conflict with Occupational Safety and Health regulations. (Including roofs, subfloor areas and ceiling cavities etc) Openings and access must be a minimum free clearance of 450 x 450 mm and be safely accessible. Subfloor crawl space is required to be reasonably dry and have a minimum 500 mm vertical clearance. Ceiling cavities are required to have a minimum 600 x 600 mm crawl space and be deemed safe to traverse. Confined areas including subfloors and ceiling cavities must not exceed dangerous temperature levels and cannot be traversed where extensive contortion is required or when unintentional damage to the dwelling could occur or where the inspector could be injured, trapped or feel unsafe. Roofs must be able to be safely access from a 3.6 m ladder and be of a safe total working height, be dry and of a safe pitch to be traversed and have a sound weight bearing cladding and roof structure and is not to exceed Occupational Safety and Health regulations. No locked or dangerous areas will be entered. No components, fittings, furniture or belongings are lifted or moved. An inspection can be stopped at any time if the inspector has concerns for their safety or the safety of their property either actual or perceived.
COMPLIANCE WITH STATUTE REGULATIONS, TERRITORIAL OR OTHER RELEVANT AUTHORITIES;
Unless specifically stated, H.H.I. will not make any inquiries or undertake any inspections of any third party, territorial or other relevant authority records in respect of the building. H.H.I. makes no representation that the building complies with the requirements specified under any act or regulations including but not inclusively; The Building Act, The Building Code, Health and Safety in Employment Act, Evacuation of Buildings Regulations or the Disabled Persons Community Welfare Act. The inspection report is not a site or environmental report and H.H.I. makes no representation as to the existence of or absence of any "contaminant" as that term is defined in the Resource Management Act or any "hazard" as that term is defined in The Health and Safety in Employment Act. The report does not replace or intend to replace a council issued Land Information Memorandum. Nor does the report portray to be a council file search. H.H.I. recommends a Land Information Memorandum report is obtained and Council file search conducted. Council information is only as accurate as the information provided. It should be noted that council files are not always complete or accurate and H.H.I. takes no responsibility or liability for any absent or incorrect council or third party information. H.H.I. has not undertaken a search of the title to the property, or a survey of the property and assumes no responsibility in connection with such matters. Unless otherwise stated it is assumed that all improvements lie within the title boundaries.
NOT A GUARANTEE OR WARRANTY;
H.H.I. does not guarantee or warranty the work of any contractor or service, or the integrity of any product, appliance or fixture, natural or processed or any building system or cladding system applied. The report is not a guarantee or warranty. Common building practices are assumed where actual details cannot be viewed. A vendor declaration should be sort from the seller. If you wish to arrange a structural or weathertightness warranty or arrange a structural or weathertightness survey H.H.I. will be happy to refer you to a specialist broker or contractor to do so. It should be known that due to the size, complexity and hidden nature of building construction that from time to time errors and omissions will occur. H.H.I. will not be responsible for any errors and omissions outside of their statutory obligations. By agreeing to this Building Inspection Contract you understand and accept these conditions.
PUBLICATION AND USE;
The inspection report remains strictly the intellectual property of H.H.I. and is for the limited use of the client and their representatives only, who may print, copy and transfer the report as necessary to complete purchase of the dwelling or address concerns. Outside these limitations neither the whole nor any part of the inspection report or any reference to it may be included in any published document, circular or statement whether hardcopy or electronic. Nor may it be copied, transferred, distributed or sold without first obtaining the written approval of H.H.I. to do so. The report is not to be used in litigation and is intended as a guide as defined in the limitations of scope. The information contained in the report is confidential and will not be released (Excluding immediate safety concerns) to the vendor or their representative during negotiations without your permission but on occasions H.H.I. may release limited information but only when it is judged in the best interest the client or H.H.I. to do so. The report documentation remains the property of H.H.I.. H.H.I. also retains the right to use the report information when not in conflict with the best interest of the purchaser.
HARBOUR HOME INSPECTIONS RESPONSIBILITIES;
H.H.I.'s responsibility in connection with this inspection report is limited to the client to whom it is addressed and is not transferrable. H.H.I. disclaims all responsibility and accepts no liability to any other party. If the client or any other party relies upon this inspection report for any purpose without first referring to H.H.I., they do so at their own risk. H.H.I. will not be held responsible for non delivery of the electronic report when not directly the fault of H.H.I.. H.H.I. will not be held responsible for any damage to the property when not directly the fault of H.H.I.. H.H.I. is not responsible for the security of the property or contents before, during or after the inspection.
PURCHASERS RESPONSIBILITIES;
It is the responsibility of the commissioner of the report addressed to in the invoice defined as "To" in the report invoice to ensure access and payment procedures are followed regardless of whether H.H.I. assisted to arrange the inspection of the dwelling or not, and regardless of whether the report was commissioned on behalf of a company or arranged on behalf by an authorised third party. H.H.I. will not be responsible if full access is not provided or is cancelled or postponed by a third party, regardless of whether the commissioner of the report is directly responsible, such as a cancellation or postponement by a vendor or real estate agent. It is at the discretion of the commissioner of the report to seek remuneration from the cancelling party. H.H.I. is not responsible for security of the property before, during or after the inspection. If the Terms and Conditions cannot be met or are not acceptable please contact H.H.I. immediately to cancel the inspection at no cost. Failure to cancel the inspection immediately will deem the contract valid. It is the client's responsibility to notify H.H.I. of any existing conditions or issues that you are aware of that may become a problem. It is the purchaser's responsibility to ensure all areas are visible including to walls. It is also the purchasers responsibility to immediately contact H.H.I. if any future issues are anticipated including but not limited to disputes tribunal or weather tightness issues.
PAYMENT AND FEES;
Payment basis is prompt "Cash on Delivery" with payment by bank deposit, electronic payment or cash. Cheques are not accepted without prior approval. The report fee is to be paid in full on the day of the inspection or as soon as reasonably possible. Additional charges will apply from 5pm 7 days after the inspection was conducted. H.H.I. reserves the right to charge all administration and collection fees incurred by H.H.I. and contracted third parties as well as charge interest at 5% p.a above the Official New Zealand Cash Rate from 7 days after the inspection was conducted. Additional requests for overdue payments, including emails, letters and phone calls will be charged at $25+Gst per request / correspondence. If an inspection is cancelled or postponed at no fault of H.H.I. a cancellation or administration fee may apply. Cancellations and postponements must be made by calling H.H.I. and speaking to H.H.I. directly, not by text or email. A cancelled or postponed inspection up to 48 hours before the inspection incurs no fee; From 48 hours to 4:30pm on the day before the inspection a $200+Gst fee (Cancelation / postponement) applies. After 4:30pm on the eve of the inspection a $300+Gst fee (Cancelation / postponement) applies. Once an inspection is commenced which is defined as leaving to drive to the inspection location the full quoted charge of the inspection will apply with the minimum being $450+Gst. (Unless otherwise arranged) The inspection and report is an above ground visual inspection of the main dwelling to provide general comments on the condition of the dwelling at the time of the inspection only and is not to be used for any Weathertightness style litigation or assessment. If the report is legally required to be released to the Weathertightness Homes Resolution Service (WHRS) the purchaser of the report is required to immediately indemnify Harbour Home Inspections (Shore Building Inspections Limited) and any representative of the company and deposit an immediate $15,000 expense fund if Harbour Home Inspections (Shore Building Inspections Limited) or any representative of the company is being pursued. (To be returned if appropriate) The purchaser of the report is to immediately pay all costs including any adjudication amount or penalty. Failure to do so will incur a penalty payment of $250,000 (Exclusive of Gst) or the total of all costs (Including future and re-establishing cost) incurred plus 5% whichever is the largest. It is the purchaser of the report responsibility to ensure the Terms and Conditions of the report is understood and due diligence is conducted along with all concerns or issues being addressed and to ensure the dwelling is well maintained.
