TOTAL HOUSE INSPECTIONS LIMITED
Terms and Conditions
1.1 In this Agreement the following words shall have the following meanings:
Agreement means these terms and conditions, together with the Letter of Engagement.
Contamination Testing Services means the non-invasive methamphetamine and related precursor contamination testing of the Property and the provision of a subsequent Report and includes any Composite Testing or Individual Testing.
Composite Testing means testing designed to establish whether any contaminants described in clause 7.3(a) below are present at the Property generally.
Fee means the fee for the Services as specified in the Letter of Engagement.
Individual Testing means testing designed to establish:
(a) whether any contaminants described in clause 7.3(a) are present in an individual area of the Property; and
(b) if any such contaminant is present, the relative quantity of that contaminant in that area of the Property.
Inspector means the individual specified in the Letter of Engagement or any replacement as determined by Us. We will notify You of any such replacement.
Letter of Engagement means the letter provided to You outlining the scope of the Services.
Minor Fault or Defect means having regard to the location, age, type or condition of the Property, a building matter which does not require substantial repairs or urgent attention and rectification and which could be attended to during normal maintenance.
Property means the property specified in the Letter of Engagement.
Property Inspection Services means the non-invasive visual building inspection of the Property to identify Significant Faults or Defects, particular attributes, gradual deterioration and significant maintenance required and the provision of a subsequent Report.
Reasonable Access means safe unobstructed access to the Property by the Inspector with the minimum clearances specified below; or where these minimum clearances are unavailable, access within the Inspector’s unobstructed line of sight.
Access manhole (mm)
Crawl space (mm)
450 x 400
600 x 600
Accessible from a 3.6m ladder*
500 x 400
Timber floor: 400**
Concrete floor: 500
Accessible from a 3.6m ladder*
* Or such other means of access that meet OSH requirements
** From underside of bearer
Report means the written report in respect of the Property provided as part of the Services.
Services means the services to be provided as specified in the Letter of Engagement, which may include Property Inspection Services and/or Contamination Testing Services.
Significant Fault or Defect means a building matter which requires substantial repairs or urgent attention and rectification in respect of the Property.
Special Purpose Property Report means a report in respect of matters requested by You under a special purpose property inspection.
Standard means New Zealand Standard for Residential Property Inspection NZS 4306:2005.
You means the client named in the Letter of Engagement.
We, Us and Our means Total House Inspections Limited.
2.1 We agree to provide you with the Services on the terms and conditions of this Agreement.
2.2 Except to the extent expressly modified by this Agreement, any Property Inspection Services in accordance with the Standard, including the provision of a certificate of inspection as part of the Report.
3. ACCESS AND INFORMATION
3.1 You agree to arrange and/or facilitate for the Inspector to have Reasonable Access to the Property and to provide any information necessary to provide the Services.
4.1 You agree to pay the Fee along with any applicable taxes specified in the Letter of Engagement to Us, and any additional Fees agreed between Us following Our Letter of Engagement by bank deposit or cheque within seven (7) days of the date of the invoice for the Services.
4.2 Payment of the Fee is required prior to the release of the Report.
4.3 If You fail to pay any money owing by the due date, We in our sole discretion may charge interest on all overdue accounts at a rate of 1.5% per month calculated on a daily basis until it is received in full. Any payments received will be applied firstly against any costs and expenses, then against interest and finally against any outstanding Fee.
4.4 We may also obtain reimbursement from You for any costs or expenses incurred in the recovery of an overdue debt, and may refuse to provide any further Services.
5.1 You may request that the Services be re-scheduled to an alternative date. Such request must be made to Us either verbally or in writing at least 48 hours prior to the Inspection. We provide no guarantee that We will be able to provide the Services on the date requested by You.
6.1 Either party may cancel this Agreement for any reason by providing 7 days written notice to the other party. Cancellation by You of this Agreement within 48 hours of the Inspection may incur an administration fee of $100. You agree to pay the Fee applicable to all Services provided to the date of cancellation. Cancellation of this Agreement for any reason will not affect such rights and obligations of the parties as are intended to survive cancellation.
7. ACKNOWLEDGEMENTS IN RELATION TO SERVICES
7.1 You acknowledge and agree that the scope of the Services is limited to that specified in the Letter of Engagement.
7.2 In relation to any Property Inspection Services, You acknowledge and agree that:
(a) the inspection is not exhaustive and the Inspector may not identify every past, present or future fault or defect, or identify any fault or defect that is not visible at the time of the inspection;
(b) the Services are not intended to provide advice in respect of the value of the Property or the purchase of the Property;
(c) the Services will not include investigations into the adequacy of any footings, concealed damp-proof membranes, concealed drainage, aerials, the design, specification or supervision of construction of any swimming pools, spa pools, saunas and associated equipment, the operation of fireplaces and chimneys, intercom systems, floor coverings, appliances including (without limitation) dishwashers, waste disposal units, ovens and ducted vacuum systems, hazards and hot water cylinders;
(d) the Services may include a cursory inspection of the hot water system, the plumbing system and the electrical system, (being the testing of accessible power points and lights in each room), however such matters are outside the Inspector’s expertise as the Inspector is not a qualified plumber, gas fitter or electrician. Any opinion of the Inspector in relation to any such matters is not a substitute for an inspection by a suitably qualified specialist;
(e) the Services will not include investigations into any compliance with the Building Act 2004, Resource Management Act 1991, local and regional plans, NZ Building Code, including any structural or system requirements of the Property;
(f) weathertightness risk shall be considered, however it will not be measured in accordance with Appendix A of NZS 4306:2005 or the E2/AS1 risk matrix of the building code;
(g) the Services will not include investigations in relation to the presence or absence of pests or infestations (whether in the timber, carpet, furnishings or otherwise);
(h) certain equipment used as part of the Services, including (without limitation) moisture readers and infrared cameras are subject to manufacturer limitations. Such equipment is only used as an aid and their results are not conclusive; and
(i) the inspection is subject to:
(i) prevailing weather conditions; and
(ii) information provided by You and any third parties in relation to the Property.
7.3 In relation to any Contamination Testing Services, You acknowledge and agree that:
(a) testing is limited to the identification of the presence of the following contaminants on certain surfaces within the property:
(iii) ephedrine; and
(b) for both Composite Testing and Individual Testing, one (1) test kit supplied by an independent laboratory testing service provider is used to take one (1) sample per individual area of the Property to be tested;
(c) for Composite Testing only, all samples taken are combined and tested and reported on together. Composite Testing does not provide any indication of the location of any contamination or the quantity of contamination in any individual area of the Property;
(d) for Individual Testing only all samples taken are tested and reported on individually. Individual Testing will indicate the quantity of contamination in a particular area of the Property but will not provide an exact determination of the extent of contamination of the Property as a whole; and
(e) according to Our independent laboratory testing service provider, detectable levels of the contaminants specified in clause 7.3(a) are 0.02 µg (micro grams) or greater per 100 square centimeters (10x10 cm²).
8. LIMITATIONS IN RELATION TO REPORT
8.1 In relation to any reporting on matters covered in the Property Inspection Services You acknowledge and agree that:
(a) statements and recommendations contained in the Report regarding the Property are the opinion of the Inspector and are relied on at Your own risk;
(b) the Report will only identify any Significant Fault or Defect visible to the Inspector at the time of the inspection;
(c) We will not be reporting on any Minor Fault or Defect in respect of the Property unless required under a Special Purpose Property Report;
(d) the Report will not include:
(i) any assessment of areas or items on the Property which at the time of inspection was not or could not be inspected, including but not limited to those areas which were concealed, contained or which were not fully or safely accessible (in the Inspector’s sole opinion);
(ii) any assessment of any other matter which by the nature of its location is concealed (deliberately or otherwise), hidden, camouflaged or outside of the inspector’s clear line of sight;
(iii) any matter, the inspection or assessment of which is solely regulated by legislation; or
(iv) any other matter excluded pursuant to clause 7.
(e) the Report does not include any opinion or representation in respect of any of the following matters, items or conditions: Building Act 2004, building code, or zoning compliance or violation; local authority requisitions; geological stability, soil conditions, structural stability or earthquake ratings; geotechnical or structural engineering analysis; asbestos, formaldehyde, water or air contaminants of any kind; toxic moulds; non-visual rotting; electromagnetic radiation; environmental hazards or concerns; gas fittings, specialised electronic controls; detached buildings or structures; sheds; underground conditions of pool and spa bodies and related piping and systems; private water systems or sprinkler systems; water softener or purifications systems; wastewater systems; saunas; solar systems; security systems; internal system components; elevators or dumbwaiters; common property areas (where the property is a stratum estate); neighbourhood problems; prevailing weather conditions; minor and/or cosmetic defects; predication of life expectancy or any item or system; property valuations or repair estimates; and other matters, items or conditions noted by the Inspector as not being included in this Report;
(f) the Report is not:
(i) a Code Compliance Certificate or Certificate of Acceptance under the Building Act 2004;
(ii) a statement that the Property complies with the requirements of any other legislation, regulation, codes, standards, or by-laws;
(iii) a Safe and Sanitary Report; or
(iv) a warranty, guarantee or representation of the weathertightness or watertightness of the Property, the adequacy of the structure, of its fitness for use, or that problems in respect of the Property will not develop after the provision of the Services; and
(g) the Report shall not in any way be construed or relied upon by any person as a guarantee, warranty or insurance policy or as a substitute for a physical inspection of the property by You prior to settlement.
8.2 In relation to any reporting on matters covered in the Contamination Testing Services you acknowledge and agree that:
(a) the Report does not include any result from any testing or investigation in respect of:
(i) the presence of any volatile organic compounds of the indoor or outdoor air;
(ii) the presence of any contaminants in any soil on the Property or any water sources;
(iii) the pH levels of any water source;
(iv) the presence or absence of any asbestos, formaldehyde, toxic moulds or heavy metals including (without limitation) any lead or mercury; or
(v) any other controlled or uncontrolled drugs not listed in clause 7.3(a) above;
(b) the Report will be subject to any other limitations or conditions placed on the results of testing by our independent laboratory testing service provider; and
(c) the Report shall not in any way be construed or relied upon by any person as a guarantee, warranty or insurance policy or as a substitute for further detailed testing and assessment for the purpose of the preparation of any remediation plan.
9. EXCLUSION OF LEGISLATION
9.1 If you acquire the Services for a business purpose you agree that to the extent permitted by law, the statutory guarantees and implied terms, covenants and conditions contained in the New Zealand Consumer Guarantees Act 1993 and any successor legislation are excluded and do not apply.
10. LIMITATION OF LIABILITY
10.1 Notwithstanding anything else in this Agreement, We will not be liable for any indirect or consequential loss, loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses whether suffered or incurred by You or another person arising out of or flowing from any breach of contract, any pre-contractual misrepresentation, or other dispute arising out of this Agreement, or from reliance by You or any third party on any opinion, representation or other aspect of the Services, and whether actionable in contract, tort (including negligence) equity or otherwise. If We are found liable for any loss or damage (including that set out above), Our liability shall not exceed the Fee for the Services.
11.1 You shall indemnify Us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by Us arising out of or incidental to Your non-compliance with this Agreement, and from any third party claims arising out of or incidental to the supply of the Services.
12. INTELLECTUAL PROPERTY
12.1 You acknowledge that We own the intellectual property rights in the Report and unless expressly provided for in this Agreement nothing gives you any right, title, or interest in such intellectual property by virtue of your purchase of the Services. You may make copies of the Report for your own personal use, but You may not reproduce, translate, adapt, vary, decompile, modify or disseminate to any third party or do anything to damage or otherwise endanger our intellectual property rights.
13.1 The Report, together with any certificate of inspection has been prepared for the sole use of You and may not be relied upon in any way by any third party. You shall keep such information confidential and shall not disclose the same to any third party (with the exception of the owner of the Property or Your real estate agent or solicitor) without the prior written consent of Us. All other information belonging to Us which by its nature is intended to be treated as confidential will be confidential information for the purposes of this Agreement. You must not disclose any such confidential information to any third party without our written consent.
14. PERSONAL INFORMATION
14.1 If You are an individual, You have rights under the Privacy Act 1993 (or its successor legislation) to access personal information We hold and to request the correction of such personal information.
15. FORCE MAJEURE
15.1 No failure or omission by Us to carry out or observe any of the terms of this Agreement will give rise to any claim against Us or be deemed a breach of this Agreement, if such failure or omission arises from any cause reasonably beyond Our control.
16.1 Every notice given under this Agreement will be sufficiently given if posted or successfully transmitted by email to the intended recipient at their or its last known address. You will notify Us in writing of any change to Your address details.
17. DISPUTE RESOLUTION
17.1 In the event of any dispute between the parties in relation to this Agreement, the parties shall first seek to resolve such dispute by giving notice in writing to the other party and co-operatively endeavouring to resolve the dispute. If the dispute remains unresolved, the parties will first seek a resolution through the use of mediation or other informal method of resolution before pursuing resolution through the Courts.
18.1 This Agreement can be varied on written agreement between the parties.
18.2 This Agreement is governed by the laws of New Zealand.
18.3 Neither party will assign or otherwise transfer or encumber its rights or obligations under this Agreement except with the prior written consent of the other, which shall not be unreasonably withheld.
18.4 A party will not have waived or be deemed to have waived any provision of this Agreement unless such waiver is in writing and signed by that party.
18.5 Termination of this Agreement for any reason will not affect such rights and obligations of the parties as are intended to survive termination.
18.6 This Agreement does not create any relationship of partnership, agency, employment or joint venture between the parties.
18.7 This Agreement constitutes the sole understanding between the parties and supersedes all prior understandings, written or oral, which will be of no further force or effect.
18.8 If any provision of this Agreement is found to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation. If it cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.
Our Commitment To Privacy
The Information We Collect
How We Use Information
We use the information you provide about yourself for things such as entering an online contest, placing an order, signing up for email updates. We do not share this information with outside parties except to the extent necessary to complete that order. We may use your e-mail address to communicate with you, for example, to notify you of special offers or programs you might find of interest.
We use return e-mail addresses to answer the e-mail we receive. We may also use these e-mail addresses to provide order status and order tracking information, and to respond to queries.
You may be able to register with our website if you would like to receive updates on news , events, or new products or services.
We may use non-identifying and aggregate information to better design our website and share with our advertising agencies. For example, we may tell an advertising agency that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to personally identify those individuals.
If you choose to register or receive products or materials from us, or to otherwise give us personal information, we may store some or all of that personal information and use it for marketing research and marketing purposes.
We will never sell your personal information to any other company.
In the event of a criminal investigation or a suspected illegal activity, we may be required by law enforcement agencies to share certain personal information.
Finally, we never use or share personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.