Terms & Conditions
for VB Property Specialists Limited trading as
VB Building Inspections (“VB”)
1. The purpose of the report is to provide advice to the client regarding the general condition of the building at the time of the inspection. The report is limited to advising on the condition of the building elements based on a visual and non-invasive assessment in accordance with New Zealand Standard; NZS 4306: 2005 Residential Property Inspection.
2. The client agrees to provide VB with reasonable access to the building and its elements and prior to inspection agrees to clear any obstructed spaces or cavities.
3. Advice as to the general condition of the building shall include, subject to these terms and conditions, the identification of deferred maintenance and/or major defects.
4. The term “reasonable condition” where used in the report indicates the condition of the building element relative to its age or type. Similarly, whether an element is defective, damaged or in need of maintenance shall be assessed relative to its age or type.
5. Both the inspection and report are carried out using a degree of care and skill normally exercised, under similar circumstances, by reputable consultants practising in property inspection at this time and by reference to New Zealand Standard; NZS 4306: 2005 Residential Property Inspection. No other warranty, expressed or implied, is made as to the advice presented in the report.
6. In the event that the client instructs VB to carry out thermal imaging and/or leak detection inspection(s) and report(s) the client understands and agrees:
(a) the purpose of the inspection(s) is expressly limited to either identifying qualitative temperature anomalies and/or exceptions which may inform the condition of a building element or to identify the source(s) of a leak;
(b) where, as part of the thermal imaging and/or leak detection inspection, electrical and mechanical inspections are carried out, unless advised by the client otherwise normal operational loadings are assumed;
(c) VB shall have no responsibility whatsoever for determining either the actual cause of any leak, defect or damage or the resulting remedial action necessary and the client further agrees to refer such investigations to a suitably qualified third party as recommended.
(d) The client understands and acknowledges that a thermal imaging camera is a tool which assists in minimising the client’s risk. It is not a guarantee that no anomalies are present as there can be many variables than 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 that 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 7 of these Terms and Conditions.
7. The report is based on a visual only, non-invasive inspection of the areas of the building that are fully accessible and visible to VB at the time of inspection. The inspection does not include any areas or components which are concealed or closed in behind finished surfaces (such as plumbing, draining, heating, framing, ventilation, insulation or wiring) or which require the moving of anything that impede access or limited visibility (such as floor coverings, furniture, appliances, personal property, vehicles, vegetation, debris or soil). No destructive testing is carried out to ascertain the condition or compliance of various building components or services.
8. The inspection does not assess compliance with the NZ Building Code including the Code’s weathertightness requirements, or structural aspects. On request, specialist inspections can be arranged of weathertightness or structure or of any systems including electrical, plumbing, gas or heating.
9. As the purpose of the inspection is to assess the general condition of the building based on the limited visual inspection described in clause 7, 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 building or any item or system not specifically identified in the report as having been inspected will be excluded from the scope of the inspection.
10. If this property utilises a monolithic cladding system please be aware that monolithic cladding systems have been commonly associated with weathertightness issues.
Monolithically clad properties should not leak if they:
a) have been correctly constructed;
b) have had the final coat of waterproofing correctly applied; and
c) are well maintained.
A careful inspection of the cladding should be carried out at least once a year and ongoing maintenance is essential.
Monolithic cladding is a cladding of sheet material which forms a continuous mass, with an applied coating to give the appearance of a seamless cladding. Examples include: stucco, exterior insulation and finish systems (EIFS) and plastered fibre cement sheets.
For more information on monolithic systems see the Department of Building and Housing website (www.dbh.govt.nz).
11. For the avoidance of doubt, no guarantee, warranty or assurance is provided by the report as to whether or not the items identified in the report are in fact defective, damaged, or in need of maintenance or that those not identified are in fact in reasonable condition.
12. VB or its employees shall have no liability of any kind whatsoever for collateral, incidental or consequential damages arising directly or indirectly from the use of the report.
13. VB or its employees are not liable for any defect identified or unidentified in the report or claim or defence or any other legal cost which is directly or indirectly caused by or contributed to or arises directly or indirectly out of the actions or effects of mould, fungi, mildew, rot, decay, gradual degradation, micro-organisms, bacteria, prozotoa or any similar or like forms in any building or structure or the failure of the building or structure to meet or conform to the requirements of the NZ Building Code, the legislation in force at the time of construction, any building consent or permit, and/or the required standard of construction of the day.
14. Subject to payment, the report is for the use of the client only and may not be used by others without VB’s written permission. VB shall not be liable to any third party who may act on the contents of this report.
15. The client understands and agrees that:
(a) Unless otherwise agreed in writing no assessment or testing of the building’s electrical, water, gas or other services (including any mechanical appliances within the building) will be carried out as part of the inspection. No assessment of the building’s surrounds (including neighbouring buildings), its value, the legality of any work carried out at the building or environmental issues affecting the building will be carried out as part of the inspection.
(b) No land survey has been made nor LIM or PIM reports obtained in the preparation of the report.
(c) Parts of the report are based on information and records held by the local authority of the area in which the property is located. VB accepts no liability for the accuracy of such reports and provides no warranty that such reports are complete.
16. The client is liable for the full cost of inspection which is payable in full upon the delivery of the report.
17. In the event that payment is not made upon delivery, the client will be liable for any and all costs incurred by VB in recovering the full cost of inspection including all legal fees on a solicitor and client basis and all disbursements incurred.
18. In the event of any dispute or claim arising directly or indirectly out of the report the client agrees to notify VB of the dispute in writing within ten working days of delivery of the report. The client further agrees that (with the exception of emergency conditions) no repairs, replacements or alterations of the claimed discrepancy shall be made before VB can re-inspect the said item. The client understands and agrees that in relation to this clause time is of the essence and that any failure to notify VB of the dispute as stated above shall be a waiver of any and all claims arising directly or indirectly from the report.