TERMS AND CONDITIONS

Pre Sales/Purchase Building Inspections

1. The purpose of the report is to provide the client with a guide regarding the general condition of the property at the time of the inspection. The report is based on a visual and non-invasive assessment ONLY.

2. Being a non-invasive inspection only, the building inspection will not identify any defects that are hidden behind finished surfaces such as walls, floors, or ceilings. This includes structure, wiring, plumbing, ducting, and insulation that are hidden or inaccessible. The inspector will not conduct any invasive or destructive testing of the property. Nor will the inspector move any items such as floor coverings, furniture, appliances, personal property, vehicles, vegetation, debris or soil.

3. The client agrees to provide reasonable access to the property and only those areas where reasonable access is available on the day of the inspection will be inspected. The report will reflect conditions as found on the day of inspection only.

4. Healthy Homes (NZ) Ltd shall have no responsibility whatsoever for determining the actual cause of any leak, defect or damage unless the client states they wish the inspector to do so.  This will incur an extra charge agreeable by both parties in advance.

5. This inspection does not determine if the property has council permits or that all building work complies with the NZ Building Code including the Code's weathertightness requirements, or structural aspects. Nor does the inspection deal with environmental hazards.

6. As the purpose of the inspection is to assess the general condition of the property based on the limited visual inspection described in clause 2, the report may not identify all past, present or future defects. Descriptions in the report of systems or appliances relate to existence only and not adequacy or life expectancy. Any area or component of the property or any item or system not specifically identified in the report as having been inspected will be excluded from the scope of the inspection. The client understands that it is possible for problems in a property to be disguised or camouflaged to prevent detection.

7. The client understands and acknowledges that a thermal imaging camera is a tool which assists in minimising the clients risk. It is not a guarantee that no anomalies are present as there can be many variables that influence surface temperatures which can cause misinterpretation of thermal images, especially between ceilings and walls. The client accepts that not all anomalies may be detected for this reason and those items such as insulation or any other item that cannot be visually seen is excluded from the scope of a thermal imaging inspection as per Clause 2 of these Terms and Conditions.

Methamphetamine testing

1. Healthy Homes (NZ) Ltd will use the testing methods recommended by R J Hill Laboratories Limited. That company has International Accreditation NZ (IANZ) – see www.hill-laboratories.com and testing kits acquired from CHECK4METH

2. Healthy Homes (NZ) Ltd does not warrant the efficacy or accuracy of either the Hill Laboratory testing systems or the CHECK4METH testing kit or the Department of Health remediation recommendations.

3. If contamination is discovered then Healthy Homes (NZ) Ltd has a responsibility to notify an appropriate third party.

Payment

1. The client is liable to pay in full the cost of the report on delivery.  No refunds will be given.

2. All prices are in NZD and include GST

3. If payment is not made on delivery of report, the client will be responsible for all fees incurred in the recovery of full payment.

Limitation of Liability

1. Notwithstanding anything in these terms and conditions or at law or equity to the contrary but subject to Healthy Homes (NZ) Ltd’s obligations under the Consumer Guarantees Act (if applicable):

A. Healthy Homes (NZ) Ltd will not be liable for any direct, indirect or consequential loss suffered by the client arising from:

(i) Any breach of these terms and conditions;

(ii) Any inspection undertaken and report published and supplied by Healthy Homes (NZ) Ltd to the client.

B. Healthy Homes (NZ) Ltd’s liability in relation to these terms and conditions and all related

C. The client indemnifies Healthy Homes (NZ) Ltd against all and any claim(s) by any third party matters (whether arising under contract, tort (including negligence), equity or otherwise) will be limited to, at Healthy Homes (NZ) Ltd’s election, the fee paid or remedying any defect caused by Healthy Homes (NZ) Ltd’s breach of obligation. for losses, including legal costs.

Dispute

1. In the event of any dispute or claim arising directly or indirectly out of the report the client agrees to notify Healthy Homes (NZ) Ltd in writing within 7 days of delivery of the report to the client.

2. The client further agrees that (with the exception of emergency conditions) no repairs,replacements or alterations of the claimed discrepancy or issue shall be made before Healthy

Homes (NZ) Ltd can re-inspect and investigate the complaint.

3. If the client fails to notify Healthy Homes (NZ) Ltd within the 7 day timeframe or does not allow Healthy Homes (NZ) Ltd to investigate a complaint prior to any repairs being carried out the client waives their rights to continue with and/or make any future claim against Healthy Homes (NZ) Ltd.

General

1. Healthy Homes (NZ) Ltd will endeavor to complete a report and deliver it within 5 working days of the inspection.

2. The report is private and confidential between Healthy Homes (NZ) Ltd and the person or entity for which it is intended and to whom it has been addressed. The report shall not be relied upon by third parties. Healthy Homes (NZ) Ltd accepts no responsibility or liability to any third party.

3 The report is not to be used as a substitute for a final walk through inspection of the property.

4. The client will be given a copy of these Terms and Conditions, prior to the inspection being completed, either in hard copy or by email and the client agrees to be bound by these Terms and Conditions.