PRE-INSPECTION AGREEMENT NZ Building Inspection (Residential)

PRE-INSPECTION AGREEMENT

NZ Building Inspection

This is a pre-inspection agreement between you (the Client) and the Building Consultant named below for an inspection and report (Services) at your Property. This agreement is designed to ensure you understand the scope, extent of reporting and limitations of the Service.

Your Service

The Service you are purchasing is:          Residential Property Inspection

 The purpose of the Service is to identify Significant Defects visible at the Property at the time of the inspection.

 We’ll report on the following significant items:

  • Significant Fault or defect, which are matters that require substantial repairs or urgent attention and rectification.
  • Minor Fault or Defect, which, in view of the age, type or condition of the Property, does not require substantial repairs or urgent attention and rectification and which could be attended to during normal maintenance.
  • Urgent and serious safety hazards, which are building elements or situations that represents a current or immediate potential threat of injury or disease to persons.

Key terms in italics are based on New Zealand Standard Definitions and are explained on our website here: http://www.jimsbuildinginspections.co.nz/resources/glossary/.

Our reports are prepared in accordance with NZ4306:2005 and you acknowledge that the extent of our reporting is based on conditions of the Property at the time of the inspection and subject to the scope, accessibility and other limitations set out below.

Scope

Unless specific testing is identified as part of the Service, we use visual inspection methods and assessment of serviceability to form an opinion regarding the Property at the time of inspection and deliver you a Report based on the significant items noted above. We will generally report by exception and not report on deterioration caused by fair wear and tear.

The Property will be compared to others of a similar age, construction type and method that had an acceptable level of basic maintenance completed. It follows that the Property may not comply with current standards, Building Regulations or other legislative requirements.

We don’t advise you about title, ownership or other legal matters like easements, restrictions, covenants and planning laws. None of our inspections constitute an approval by a Building Surveyor, a certificate of occupancy or compliance with any law, regulation or current NZStandards, Building Regulations, building warranty of fitness and services described on a compliance schedule, planning, resource consent issues, long term maintenance planning, rental property tenancy inspections, heritage obligations, compliance with body corporate rules, cross leases memos or company title occupation agreements.

Our Report may recommend a further inspection by another specialist such as an engineer, surveyor or other trade if we find specific problems not included in the Service. We may also recommend specific rectification or maintenance works be performed. We recommend you act on this advice.

 

Areas for Inspection

We only inspect and report on areas we have Reasonable Access. You will need to ensure we have access to all areas at the Property being inspected. If you are not the owner, you should discuss this with the RealEstate Agent or owner.

We will consider the following areas inaccessible:

  • Elevated areas like roofs that are not safely accessible from a 3.6m ladder, using an unobstructed line of sight where building elements are close enough to allow inspection
  • Access points (like manholes) smaller than 400mm x 500mm
  • Crawl space (like under floors etc) with a clearance of less than 600mm x 600mm (in the roof space) and vertical clearances of 400mm (for timber subfloor) and 500mm (for concrete subfloor)
  • where reasonable entry is denied to us, or where we cannot access, are excluded from the inspection.

We will identify in our Report any additional areas that are inaccessible, and you may choose to have a further invasive Inspection Service undertaken.

We may need to turn off the mains power for a short time to safely inspect the roof space.  We will require you to separately consent to this, and where permission is not granted we will be unable to access the roof void and this will form a limitation for us. If you have any concerns over this, please discuss this with your inspector.

 

Invasive Inspections

If this is an Invasive Inspection Service, we will perform the inspection in a manner which minimises damage where possible, however the Client acknowledges that works involved in an invasive inspection includes taking samples and may cause degradation or damage to materials and property elements. The inspection does not include any rectification or reinstatement works and the Client agrees to indemnify us against any costs incurred as a result of the inspection.

In addition, the Client must gain all necessary permissions for the invasive inspection to take place and ensure any rectification or reinstatement works are carried out by a professional tradesperson.

 

Limitations

PLEASE BE AWARE THAT BY ITS NATURE THIS SERVICE HAS LIMITATIONS AND EXCLUSIONS YOU SHOULD BE AWARE OF. PLEASE REVIEW THIS AGREEMENT AND CONTACT YOUR INSPECTOR WITH ANY QUERIES.

Our findings are strictly limited to what can be determined by a visual, non-invasive inspection and do not constitute a water tightness or weather tightness report. While non-invasive meter readings may give an indication of potential moisture levels, dampness or wetness cannot be proven without invasive procedures, which are outside the scope of our report. Non-invasive meter readings are not a guarantee that moisture is or is not present and do not mean that other areas within the property do not have moisture present. You are advised to engage a specialist to undertake an invasive inspection which may require the removal of claddings or linings to conclusively determine issues relating to weather and water tightness.

Our report is also conditional on prevailing weather at the time of the inspection, for example, a leak in roofing material may not be apparent where our inspection is carried out in dry conditions.

Accordingly, by entering into this agreement you acknowledge and agree that our liability to you in respect of any watertight or weathertight issues at the Property is expressly excluded.

In addition to inaccessible areas, inspections are commonly and frequently limited by a number of factors. You should expect this to happen during your inspection.
You must inform us of any known or potential limitations that may impede our ability to perform the Inspection or produce the Report.

Examples of common limitations are listed below:

  • Areas/conditions we reasonably consider unsafe to inspect;
  • Locked doors or inaccessible rooms
  • Security systems
  • Pets
  • Furniture, floor coverings, wall and ceiling linings and stored items
  • Restriction of access due to height – we only inspect first storey roof structures unless prior arrangement is made
  • Restriction of access due to lack of clearance, small crawl spaces, lack of entry access points or thick vegetation
  • Adverse weather conditions
  • If the Property has been vacant for a period of time, moisture levels or leaks may not be detectable at the time of the inspection because often only frequent use of waterpipes (showers, taps etc) result in a leak being identifiable. We advise further testing on pipes and water susceptible areas (such as the bathroom and laundry) after more frequent use has occurred.
You acknowledge that the limitations described above, are not intended to be an exhaustive list and we will endeavour to identify any limitations or restrictions specific to the Property as soon as possible. You may then choose to have a further invasive inspection service conducted.

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Exclusions

Unless explicitly selected as an option with your Service, the Inspection and Report exclude assessment or reporting of: deterioration caused by fair wear and tear, footings below ground, concealed damp proof course, electrical installations, concealed plumbing, adequacy of roof drainage, gas fittings and fixtures, air-conditioning, automatic garage doors, pools and related equipment, alarm systems, operation of fireplaces and chimneys, flues and solid fuel heaters, alarm and intercom systems, soft floor coverings, appliances, paint coatings, health hazards, timber and metal framing size and adequacy, concealed tie downs and bracing, timber pest activity, other mechanical or electrical equipment such as gates or inclinators, soil conditions, control joints, sustainable development provisions, concealed timber frames, landscaping, rubbish, floor coverings, furniture and accessories, stored items, insulation, environmental matters (water tanks etc) or lighting and energy efficiency.
We won’t inspect Common Property unless specifically requested, and exclude any item the subject of a special purpose report, items not inspected by the Inspector, matters outside the Inspector’s expertise and any matter the inspection r assessment of which is solely regulated by statute. We are unable to advise about combustible cladding.
We are unable to advise on Magnesite, cracks or evidence of crack repairs to masonry construction, concrete slabs or load bearing walls. We are unable to advise on structural stability of any external timber structures. On these issues we will recommend a structural engineer.

Our reporting is not suitable for Tribunal or Court Proceedings, where evidence is required by the franchisee as an expert witness, and where specific report formatting must be applied. An Expert Witness Testimony is required for this purpose.

An estimate of costs to fix defects is not included unless the inspection is a Remediation or Renovation Report. Any estimate prepared as part of a Remediation and Renovation Report is based on industry standard cost guides and the consultant’s own
experience and should not be relied on for anything other than a professional opinion. You acknowledge that costs to repair defects are very difficult to estimate because the extent of work required is unknown until it begins and there is often reduced competition as many contractors are unwilling to take on rectification work.
We also provide a Quotation and Project Management service where we can:
  • Prepare scope of works documents for contractors to price
  • Coordinate all required trades to provide you with secure fixed price quotations

 

Liability and acknowledgement

The client acknowledges that

  • Removal of access, vent or other covers during the course of the Services will be done in a tradesman like manner, however we do not accept liability for damage or reinstatement, replacement or repair which may arise during this process; and
  • The Report does not constitute a warranty or an insurance policy against problems developing with the building in the future. Accordingly, a preventative maintenance program should be implemented for the property which includes systematic inspections, detection and prevention of incipient failure;
We accept liability for any implied contractual terms that cannot be excluded or limited under applicable law, and any loss that is reasonably foreseeable from our failure to follow NZ 4306: 2005, however provided you obtain the benefit of any warranty or other obligation conferred upon you pursuant to as a consumer, we limit our liability to the replacement of the Services, the provision of equivalent Services or the cost of providing those Services.
Other than as specifically accepted by us above, we are not liable for any other losses or damages you may suffer, including any loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss, loss caused by event falling outside our reasonable control and any indirect or consequential losses.
You indemnify, and keep indemnified, us and our franchisors, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim arising out of your failure to advise on safety issues at the Property, your negligence or breach of these terms and conditions.

Privacy Policy

We value your personal information, we will ensure it is secure and never share or sell your personal details and contact information with people not associated with Jim’s Building Inspections, unless instructed to do so by you.

We do however use data collected during inspections for research, commercial, training and educational purposes.  For more information please review our Privacy Policy online.

 

Cancellation Policy

We understand that sometimes things happen, and you need to cancel or defer your booking. However, as we begin to incur costs and spend time on your booking before the actual inspection, administration fees apply to cancellations and deferred bookings.
  • If you need to cancel or defer your booking and let us know at least 48hrs prior to your scheduled booking a 10% administration fee will be charged.
  • If you cancel on the day of the inspection, a 40% administration fee will be charged.
  • If you cancel the inspection, once the inspection has commenced, you are liable to pay the full fee.

COMPLIMENTS AND COMPLAINTS

Your feedback, both positive and negative, can assist us to improve our services. We encourage you to please contact us with any compliments or concerns directly and as soon as you are able.

The process for managing customer feedback is documented below:

  • Contact your inspector directly to provide feedback or make any complaint as soon as you are able.
  • If your inspector cannot resolve it or it involves our insurers they will escalate it to their Regional Franchisor (Manager) and / or insurer as applicable.
  • You can also contact their Regional Franchisor (Manager) directly on 0800 454 654 and please ask to speak to your Inspectors Regional Franchisor (Manager) or email info@jimsbuildinginspections.co.nz

 

General

You acknowledge and agree we own the copyright in the Report and may make the Report available to third parties.

This agreement and the Services will be governed by the laws in force in the state or territory in which the Property is located.