Crowe.DeVine Limited
Trading as de Vine Building Inspections
Terms and Conditions
de Vine Building Inspections (Crowe.DeVine Ltd) (NZBN. 9429047662650) is bound by New Zealand Standard NZS 4306:2005. Prior to us completing any work for a customer, the following terms and conditions ("Terms") must be accepted.
1. Definitions
1.1 In these Terms unless the context otherwise requires:
(a) 'Company' means de Vine Building Inspections (Crowe.DeVine Ltd) (NZBN. 9429047662650) ("we", "us", and "our");
(b) 'Customer' means you, and any person acting on your behalf ("you");
(c) 'GST' means Goods and Services Tax;
(d) 'Report' means a property inspection report for your residential building;
(e) 'Services' means all services provided by the Company to the Customer from time to time, including all charges for work, labour, of whatsoever nature, associated with supply of service to the Customer;
(f) 'Standard' means NZS 4306:2005;
1.2 Headings do not affect the interpretation of these Terms.
1.3 A reference to an enactment includes that enactment as amended or substituted and includes any regulations made under that enactment.
1.4 A reference to any party under these Terms includes that party's successors and permitted substitutes and assigns.
2. Scope of the Report
2.1 The inspection is a non-invasive visual assessment of the components and systems of building. The Report is visual only and designed to identify any major deficiencies of a property that is evident or reasonably identifiable visually subject to it being reasonably accessible at the time of the inspection. The matters relating to the grounds, the exterior structure, roofs, plumbing, electrical, interior and any insulation/ventilation systems and which are easily accessed and identifiable will be included.
2.2 If the property is a unit title in a unit title development, the Report will only include those parts of the interior and exterior that is accessible of that unit, and any related accessories units.
2.3 We will consider the weathertightness of the building regardless of its age however we will not provide an evaluation or report on it. We recommend that you consult a specialist on that aspect.
2.4 We will consider the potential presence of products containing asbestos; however we will not provide an assessment on the actual presence of asbestos. We recommend you consult a specialist if testing is required.
2.5 The Report will only cover parts of the property which we have reasonable access to, and which are not obstructed in any way. We exclude from our inspection of the property any part which we could not easily access due to concealment or obstruction.
3. Limitations of the Report and Inspection
3.1 The Report is valid for 60 days from the date of issue.
3.2 The Report is to be used as guidance only for your evaluation (not a structural survey) of the condition of the property or building (as the case may be) and is not an all-encompassing report detailing every aspect of the property. The Report is not intended to provide an evaluation of value, work, or the suitability of the premises to you.
3.3 The Report is limited to a visual inspection as set out in these terms. The Report is not a guarantee, warranty, or any form of insurance, and is not to be used as a substitute for your inspections of the property.
3.4 The Report will not provide information on building codes, zoning ordinance, violations, geological stability, soil conditions, structural stability, engineering, termites or other infestations, asbestos, formaldehyde, water or air contaminants of any kind, noxious moulds, rotting (non-visual), electromagnetic radiation, environmental hazards, appraisal of property value, repair estimates, detached buildings, sheds, underground conditions of any in ground swimming pool or spa pool and the related plumbing associated with such installations, items which are marked as not inspected within the Report, private water systems, private septic systems, solar panels, outbuildings containing saunas or steam rooms or such other type of installation, security systems, or any other type of system within the property's adequacy or efficiency, prediction of the life expectancy of any part of the house, item or system, minor or cosmetic problems, latent or concealed defects. The Report will not detail any buildings suffering from rotting, leaky or toxic mould home situations, or areas that we believe to be problem areas which need to be checked with a non-invasive moisture meter. Detection of rotting framing or moisture ingress can only be completed by invasive testing which means removing wall linings. We cannot do this, and such invasive measures will require the consent of the owner, and it is outside the scope of the Report to do so.
3.5 We will not dissemble any appliance, system or equipment contained in the property and we cannot undertake any intrusive inspection, we will not move furniture, appliances or stored items during our inspections and our inspections will not extend to the excavation of any installation in order to provide our Report.
3.6 If we make a recommendation or suggestion to you in relation to the property within the Report then such comments are only suggestions and if you chose to rely on the suggestions, then any workmen you employ to carry out remedial work must complete their own evaluation of the problem and ensure that they apply the appropriate remedy, as we will not be liable for any further discoveries, warranties, local authority consents in relation to that remedial work.
3.7 You acknowledge that we are qualified builders but are not qualified electricians, plumbers, drain layers or gasfitters.
3.8 If you have not provided a Natural Hazards Commission ("NHC") (formerly EQC) scope of works to us with sufficient time to review prior to the inspection, you will need to carry out your own due diligence in this regard.
3.9 If a NHC scope of works has been provided to us prior to the property inspection, the scope of works may be reviewed and comments regarding repairs may be made in the building report. We rely on the NHC information provided by you and do not take responsibility for the accuracy of the NHC scope of works or for ensuring that all NHC information has been reviewed. Because the building inspection is non-invasive and visual only, we cannot comment on the likelihood that the repairs have been carried out in accordance with the NHC scope of works, or if repairs that are not obvious in a visual and non-invasive inspection have been completed. The building inspection is not an insurance, engineering, geotechnical, quantity surveying, or compliance assessment and should not be relied upon as confirmation that all earthquake damage, insurance damage, or NHC-related repair work has been identified.
3.10 We have not reviewed the Land Information Memorandum ("LIM") or Council property file for the subject property. We are not giving advice regarding the content of the LIM or property file (including building consent records, resource consent records, or other Council-held information relating to the Property). It is recommended that you obtain independent legal advice regarding the LIM report and property file.
3.11 We will not investigate, and we specifically exclude from the Report the following matters:
(a) Kitchen appliances (dishwashers, stoves, hobs, watermasters, overhead extractor fans, ovens, microwaves, built in fridges), air conditioning systems, internal vacuum systems, heating systems (heat pumps, gas fires, log burners), television aerials, swimming pools or spa pools.
(b) Any plumbing, drainage, or electrical systems:
(c) The existence or presence of any toxic or flammable materials such as formaldehyde, lead paint, asbestos, pest infestations, borer, termites, dry rot or other such health or environmental hazards:
(d) Any children's outdoor play equipment:
(e) The efficiency of any system in the property or appliance:
(f) Building Code or Act compliance:
(g) Security systems, fire detection systems, heat sensors, intercoms:
(h) Faults which occur intermittently (whether due to absence of use, occupation, concealment, or weather).
3.12 We may make general comments about any of these exclusions, but our comments are for your information purposes and do not represent an inspection or form part of the Report. You should use these as warnings and indicators to do further investigations which may include retaining specialists to complete more detailed investigations.
3.13 When direct fixed monolithic cladding (exterior cladding) with no cavity (plaster over polystyrene/fibre cement sheet or similar) is used, we recommend a thermal imaging report be carried out in addition to our inspection as this will look into the wall system that isn't visible normally and bring up any issues or concerns.
3.14 The Report is not to be construed as a code compliance certificate or compliance with any Act of law, Code or Bylaw or, an inspection in accordance with any legal or territorial authority standards, codes, regulations, bylaws which may affect the premises. The Report is not a warranty or guarantee of the present or future weather tightness, adequacy of performance of the structure of the property or its systems, appliances, or the component parts. The Report does not constitute any express or implied warranty of merchantability or fitness for use as to the condition of the property.
3.15 You agree that the Report has been prepared solely for your purposes and is confidential between us, as is practicable.
4. Disclaimer
4.1 Any opinions which we express in the Report regarding the life expectancy, capacity or adequacy of any components are only general comments made by us and are based solely on our visual inspection at the time of inspection and our experience in relation to similar components and structures.
4.2 The inspection will not include inspecting of concealed or closed areas, or that require moving fixtures or chattels that would impede access or limit visibility (such as carpet, floor covering, furniture, personal property).
4.3 The Report may not identify all past, present, or future defects due to the visual inspection of concealed, closed or obstructed areas, but we will use our best endeavours subject to the limitations set out in these terms to identify any readily apparent problem areas.
4.4 The inspection, or the Report does not assess compliance with the New Zealand Building Code (weathertightness or structural aspects).
4.5 The Report is only for the benefit of the Customer and may not be relied upon by any third party.
5. Acceptance
5.1 You will provide reasonable access to the building for us to complete the inspection. If access has not been provided, our Report will note this down and state the affected parts of the building that could not be inspected. There will be additional charges for a re-inspection.
5.2 Any instructions or order received by us from you for the supply of its Services will be acceptance of such services by you and therefore constitute acceptance of these terms.
6. Price and Payment
6.1 You are required to pay the fee charged by the Company for providing the Services. The price for the supply of Services will be the Company's price at the date of engagement based on time and expertise.
6.2 The payment for the Services must be made upon the issuing of an invoice to you. The Report will not be released to you until the payment for Services has been received by us.
6.3 The price is subject to change without notice.
6.4 If we provide a quotation to you (which will be valid for 7 days), it is based on the information available to us at that time and we may charge you more than the amount quoted if the costs (e.g., cost of labour, or other costs) or the specifications change. Unless otherwise agreed in writing, the price quoted is inclusive of GST.
6.5 We shall, without prejudice to any other remedy available to us at law, be entitled to treat any failure to make payment on the due date as a repudiation of the contract by you, therefore not be obliged to provide the Report to you.
6.6 All expenses, costs, fees, and disbursements incurred by us in recovering the price and any other amounts payable under these Terms shall be recoverable from you as part of the price.
6.7 All payments must be made without counter-claim, set-off or deduction.
6.8 Any administration fee of the greater amount of $220 or 36% of the amount overdue will be payable 7 days after the due date at our discretion.
6.9 The payment can be made by cash, credit card and electronic banking, or any other method as agreed in writing by us.
7. Cancellation
7.1 If you cancel an inspection 24 hours or more prior to the scheduled time of inspection, then no Fees will be charged.
7.2 If you cancel an inspection within 24 hours prior to the time of inspection, you will be responsible for the cost of the service fees, and not be entitled to any refund.
8. Dispute
8.1 If you dispute any condition assessed in the Report, you will notify us within five (5) working days of the detection of such a dispute. You must not make any alterations, modification, or repairs to the disputes condition prior to consulting with us first. If you fail to notify us in accordance with this clause, then this will constitute a waiver of all claims which may arise against us relating to the validity of the Report.
8.2 If either party considers that there is a dispute in respect of matters arising out of these Terms, then that party shall immediately give notice to the other party setting out the details of the dispute. The parties shall then endeavour in good faith to resolve the dispute between themselves within fifteen (15) working days of notice of the dispute. Failing resolution, the parties will commence mediation or any other alternative dispute resolution techniques within a further thirty (30) working days.
8.3 If the dispute is not resolved as provided in clause 8.2, within twenty (20) working days of the date of appointment of the mediator, the mediation will terminate and either party may refer the dispute to arbitration. The arbitrator shall be agreed between the parties within ten (10) working days written notice of the referral by the referring party to the other, or, failing agreement then the arbitrator shall be appointed by the President of the New Zealand Law Society.
9. Limitation of Liability
9.1 The Company, or its employees or officers, will not be liable for:
(a) failure to provide the Services by a specified date;
(b) an event beyond the Company's control, including a fault that would otherwise be detected but for the weather, a fault being deliberately concealed, or any item which obscures a fault, a fault that only occurs intermittently, and the fault was not apparent during the visible inspection;
(c) any errors or omissions from information, data or documents not prepared by us, but relied upon us to prepare the Report;
(d) any negligence, misrepresentation or other act or omission;
(e) any consequential loss suffered by you or any other person as a result of carrying out the inspection and/or completion of the Report; and
(f) any loss or damage, cost or expenses, or liability (to the extent permitted by law) resulting from an inspection carried out or Report provided by the Company.
9.2 Despite anything else, any liability of the Company arising from the inspection and/or completion of the Report will not exceed the cost of Service provided in relation to which the liability has arisen.
10. Indemnity
10.1 You agree to indemnify, defend and hold us harmless from and against all actions, proceedings, costs, demands, loss, damages, solicitors' fees, expenses, obligations, liabilities and out of pocket expenses and claims of any kind which we may sustain, suffer, incur or pay, from any third party, in connection with or arising out of inspection of the property, distribution, and reliance of the Report.
11. Property of Company Personal to the Customer
11.1 You agree that the Report is the intellectual property and copyright of the Company. It has been prepared exclusively for you and is personal to you.
11.2 Subject to clause 11.3, the Report shall not be assigned, disclosed, or distributed without our prior written consent.
11.3 The Report may be distributed and disclosed to professional advisers for the purpose of complying with clause 9.4 of the ADLS/Law Association Agreement for Sale and Purchase of Real Estate, or similar agreements, where expressly requested to do so.
12. Health & Safety Regulations
12.1 Due to health and safety regulations:
(a) Our inspectors cannot go under floors any further than 2 metres from the manhole. From there we will view areas with lights and take photos. If further distance is requested by you, there will be additional charges to allow for a secondary person to be on standby to cut open the floor in the event of an emergency. We will not go under any floor with limited space, mould or if liquefaction present or it has foil insulation.
(b) If a stud height is higher than 2.4 metres, i.e. old houses of 3 metres or greater, we will not enter roof cavity as the risk of falling is elevated. We will view the area by manhole and use lights and photos to comment.
(c) We will not go onto any roof without fall protection. The roof will be viewed from the ground, ladder and/or drone camera (as per the Company's discretion) and comments will be made from the photos. If a full roof exterior inspection is required, we recommend an appropriate roofer is engaged to comment. Alternatively, we may be able to arrange fall protection at additional cost. Please note drone camera can only be used in wind conditions less than 10km/h.
13. Consumer Guarantees Act
13.1 Nothing in these terms shall be deemed to exclude or restrict any rights or remedies you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 unless you intend to use the report for business purposes.
14. Governing Law
14.1 The Contract and these Terms are governed by the law of New Zealand.