Important Information

STATEMENT OF POLICY

PLEASE READ CAREFULLY

 

The inspection by Eagle Eye Services Limited (T/A Northern Area House Inspections) is a current condition, visual inspection of the conditions of the elements inspected on that particular day only.  It is no guarantee against failure of any element or system inspected. The report should be seen as a reasonable attempt to identify any Significant Fault or Defect visible at the time of the visual Inspection rather than an all-encompassing report dealing with the home from every aspect. The reporting of any fault or defect is on an exceptional basis, rather than reporting on items, which are in acceptable condition for their age. Only areas and elements listed in the report were inspected.

 

My responsibility in connection with this report is limited to the client to whom it is addressed and to that client only.  We disclaim all responsibility and accept no liability to any other party.

 

Scope of Inspections - Visual Inspections Only

The scope of the Inspections is limited to a visual Inspection of the components of a building, which the Inspector has reasonable access to and being in their clear line of sight.

 

if not otherwise stated, the external inspection performed by inspector to determine a deficiencies of following elements:

 

  • Site (Fencing, Retaining Walls, Decks, Surface Drainage, Grading);

  • Roof Elements (Roof Cover, Gutters, Downpipes, Fascia and Soffits);

  • External (Walls Cladding, Windows, Doors, Stairs, Balconies and enclosed areas, Attachments and Penetrations);

  • Internal (Ceiling, Walls, Flooring, Joinery operations)

  • Crawl Space/Basement (Soil Condition; Waste pipe support and Plumbing Leaks, Posts, Insulation, Pests, Debris, Signs of floor damage under wet areas, Signs of foundation failure, Visual inspection on borer presence).

  • Services (visual inspection only Electrical, Plumbing, Gas, Smoke Alarms)

 

A non-invasive moisture meter will be used around accessible joinery or accessible identified risk areas. However, due to instruments' limits their results are not conclusive are can be used as an aid only. This scan/test in itself cannot be used to confirm nor eliminate the possibility of deterioration in the framing or cladding systems. No representations as to to the relative timber treatments and as to the presence of any mould or fungi such as stachybotrys or mycotoxins in concealed walls, floor spaces, Gib and the like is given.

 

The moisture inspection include only:

 

  • General rooms: Around window and external door openings; Adjacent walls to bathrooms; Areas which Inspector consider as suspicious; Any other areas with visual signs of mould or/and moisture signs/damage.

  • Bathrooms: Areas around shower and bath – especially bottom corners; Areas around wall penetrations such as mixers, shower heads, tabs and fixtures; Look for water damage signs and marks & water test shower screens.

 

Because this is a limited inspection, we can make no guarantee, expressed or implied, that our observations and random moisture readings offer conclusive evidence that no installation or moisture problems exist, or that problems found are all-inclusive and is not a guarantee that no moisture issues exist or that issues will not develop in future. If not specifically ordered no thermal image test, probe test or any destructive testing is conducted. 

 

DISCLAIMER OF LIABILITY

The client understands and agrees that any claim against the accuracy of the report, in the form of errors or omissions is limited to the failure on the part of the inspector to follow the Eagle Eye Services Limited Standard Procedure

 

  1. It is acknowledged that the contents of the report and the recommendations contained derive from a visual inspection only and Eagle Eye Services Limited gives no warranty (implied or otherwise) as to the structural integrity of the building, its fabric and/or components.

  2. This is a report of a visual only, non-invasive inspection of the areas of the building which are readily visible at the time of inspection. The inspection did not include any areas or components which were concealed or closed in behind finished surfaces (such as plumbing, drainage, heating, framing, ventilation, insulation or wiring) or which required the moving of anything which impeded access or limited visibility (such as floor coverings, furniture, appliances, personal property, vehicles, vegetation, debris or soil).

  3. The inspection did not assess compliance with the NZ Building Code including the Code’s weathertightness requirements, or structural aspects. On request, a separate specialist inspections must be arranged to assess of weathertightness or structure or of any systems including electrical, plumbing, gas or heating.

  4. As the purpose of this inspection was to assess the general condition of the building based on the limited visual inspection, this report may not identify all past, present or future defects. Descriptions in this 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 this report as having been inspected was excluded from the scope of the inspection.

 

Terms of Trade

In consideration for us providing you with the Inspection and report, you agree:

  • Payment is due on report delivery.

  • Accounts not paid by the due date shall incur a late payment interest charge of 10% of the total amount owing for each calendar month the account is overdue, together with all debt collection costs.

 

We have no responsibility or liability for any cost, loss or damage arising from:

  • any errors or omissions from information, data or documents not prepared by us, our employees, or other persons under the direct control of us;

  • any act or omission, lack of performance, negligent or fraudulent act by you as a client or/and home owner;

  • any act or omission, lack of performance, negligence or fraud by any consultant, contractor or supplier to you, or any of your employees or agents.

That all commercially sensitive information obtained by either party during the preparation of the report shall remain confidential.

 

The contents of the report, or any other work prepared by us is confidential and has been prepared solely for you and shall not be relied upon by any third parties. We accept no responsibility for anything done or not done by any third party in reliance, whether wholly or partially, on any of the contents of the report.

 

You shall pay all costs and expenses (including legal costs on a solicitor/Client basis) resulting from any breach of these terms of trade by you or the enforcement by us of these terms of trade.

 

The parties agree that the Laws of New Zealand govern these terms and conditions and proceedings taken by the other party shall be heard in the District or High Court at Auckland, New Zealand, regardless of the location of your place of business/residence.

 

Cancellation policy

If the inspection is cancelled up to 24 hours before the inspection is due to be taken, no fee will be charged. If the inspection is cancelled within a 24 hour period of the due date of the inspection, a fee of $100 will be charged.

 

Payment policy

Payment is due at the end of the inspection.

 

Inspection and Report Scope and Limitation

 

  1. The Inspection and report is intended only as a general guide to help you make your own evaluation of the overall condition of the home, and is not intended to reflect the value of the premises, nor make any representation as to the advisability of sale or purchase.

  2. The report expresses the opinions of the Inspector, based upon his or her visual impressions of the conditions that existed at the time of the inspection only.

  3. The Inspection and report are not intended to be technically exhaustive, or to imply that every component was inspected, or that every possible defect was discovered.

  4. No disassembly of equipment, intrusive or destructive inspection, moving of furniture, appliances or stored items, or excavation will be performed

  5. All components and conditions which by the nature of their location are concealed, deliberately hidden, camouflaged or difficult to inspect are excluded from the report.

  6. Any suggestions or recommendations contained in the report are suggestion only and it shall be the responsibility of the person or persons carrying out the work to ensure the most appropriate remedy is carried out in conjunction with any further discoveries, warranty’s or manufacturers recommendation and warranty’s, and any necessary local authority consents obtained prior to proceeding with remedial work.

  7. Inspections of the systems at the home are outside of the scope of our report. The opinion of the Inspector, who is not a qualified plumber, electrician or gas fitter. You Inspector will, however, conduct a cursory inspection of the hot water system, the plumbing system, the electrical system. You should note that this will only be the should note that our Inspector does not inspect the air conditioning system, dishwashers, stoves, hobs heating systems, aerials, swimming pools or spas.

  8. It is not our policy to give verbal advice; we will provide a written report. If you do require us to give you verbal advice, we shall not be held responsible for that advice.

  9. Matters which are not within the scope of the Inspection include, but are not limited to: the existence of formaldehyde, lead paint, asbestos, toxic or flammable materials, pest infestation and other health or environmental hazards; the condition of playground equipment; the efficiency measurement of insulation or heating and cooling equipment; any internal or underground drainage or plumbing; any systems which are shut down or otherwise secured; water wells (water quality and quantity); zoning ordinances; cosmetics or building code conformity; intercoms, security systems, fire detection systems, heat sensors (any general comments about these systems and conditions are informational only and do not represent an inspection or form part of the report).

  10. The Inspection and report should not be construed as a compliance inspection of any building, legal or territory authority standards, codes or regulations. The report is not intended to be a warranty or guarantee of the present or future weather tightness, adequacy or performance of the structure, its systems, or their component parts. The report does not constitute any express or implied warranty of merchantability or fitness for use regarding the condition of the property and it should not be relied upon as such. Any opinions expressed regarding adequacy, capacity, or expected life of components are general statements based on information about similar components and occasional variations are to be expected between such estimates and actual experience.

  11. This report does not cover any buildings suffering from rotting homes, leaky homes and toxic mould situations and does not determine if a home is or is not a ‘leaky home’. Our reports are not a ‘weather-tightness’ report, as invasive testing would need to be carried through the exterior cladding into the building’s framework to get conclusive results.

  12. Moisture, Thermoimaging/ Infrared inspections. Because any thermal imaging or non-invasive moisture reading is only a ‘snapshot’ at a particular point in time, all inspections and reports are valid for the day of inspection only, due to various conditions outside of our control after the day of inspection.   A thermal imaging camera does not “see through” walls and it does not detect moisture. The infrared camera detects infrared radiation only.

  13. You accept that the Inspector will not detect some faults because:

  • The fault only occurs intermittently.

  • ​ Part of the home has not been used for a while and the fault usually occurs after regular use (or detection of the fault would only occur after regular use).

  • ​The type of weather that would normally reveal the fault is not prevailing at, or around, the time of the inspection.

  • ​The fault has been deliberately concealed.

  • Furnishings are obscuring the fault (see clause 4 above).

  • We have been given incorrect information by you, the vendor (if any), the real estate consultant, or any other person.

  • The fault is/was not apparent on a visual Inspection.

Inspectors have no personal interest

We certify that we have no interest, present or contemplated, in the property or its improvement and no involvement with trades people or benefits derived from any sales or improvements. To the best of our knowledge and belief, all statements and information in the report are true and correct.

 

​Disputes

  1. Should any dispute arise as a result of the inspection or report, it must be submitted to us in writing immediately.

  2. You agree that upon raising a dispute the contents of the report may not be used to satisfy any terms of a sale and purchase agreement until the disagreement/dispute has been resolved.

  3. You agree that if, after raising a dispute, you use the Inspection or report to make an unconditional offer or confirm a sale and purchase agreement, that you waive all of your rights to continue with the dispute, and/or raise any future dispute or claim against us.

  4. In the event of a claim/dispute regarding damage to a home, you will allow us to investigate the claim prior to any repairs to the home be undertaken or completed. You agree that if you do not allow us to investigate the claims of damage before any repairs are carried out that you waive your rights to continue with and/or make any future claim against us.

  5. In the event of any dispute, you agree not to disturb, repair, or attempt to repair anything that may constitute evidence relating to the dispute, except in the case of an emergency.

  6. Any complaints will be subject to our internal complaints process.

  7. No claim for damage or loss arising directly or indirectly in connection with the Services shall be brought more than two (2) months after completion of the Services. At that time the Customer shall be deemed to have waived and abandoned any and all claims against us and our agents or employees and shall not be entitled not be entitled to bring any claim against us and our agents or employees.

 

​Limitation of Liability

  1. Our responsibility in connection with this report is limited to the client to whom it is addressed and to that client only.  We disclaim all responsibility and accept no liability to any other party.

  2. Subject to any statutory provisions, if we become liable to you, for any reason, for any loss, damage, harm or injury in any way connected with the completion of the Inspection and/or report, our liability shall be limited to a sum not exceeding the cost of the Inspection and report. We will not be liable to you for any consequential loss of whatever nature suffered by you or any other person injured and indemnify us in respect of any claims concerning any such loss.

  3. ​If the customer intends to use the report in whole or in part for business purposes, the guarantees under the Consumer Guarantees Act 1993 do not apply.

  4. Directors, shareholders and employees of Eagle Eye Services Limited shall not be held liable to the client and /or any third party who may rely on the report wholly or in part.

  5. Eagle Eye Services Limited will not be liable to the client for any consequential or special loss of whatever nature suffered by the client or any other person injured and the client indemnifies Eagle Eye Services Limited in respect of any claims concerning any such loss.

  6. Subject to any statutory provisions, if we become liable to you, for any reason, for any loss, damage, harm or injury in any way connected with the completion of the inspection and/or report, our liability shall be limited to a sum not exceeding the cost of the inspection and report. We will not be liable to you for any consequential loss of whatever nature suffered by you or any other person injured and indemnify us in respect of any claims concerning any such loss.

  7. The purchaser agrees to indemnify and keep indemnified the house inspector and /or the inspection company from any and all claims by the vendor or any third party arising from the purchaser’s release of all or part of the report and/or report summary. Further, the purchaser shall pay all legal costs incurred by the inspector and/or the inspetion company arising from such claims.

  8. Client understands and agrees that any failure to notify the inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.

 

Copyrights

The Inspection Company will retain copyright of all documents prepared by the Company in performing the Inspection.

 

Reasonable access provided

 

You agree to ensure that Reasonable Access can be gained to the property including but not limited to the roof cavity and foundations spaces and that any such spaces if they exist are cleared for an inspection to be carried out.

 

Reasonable access means access that is safe, unobstructed and which has the minimum clearance specified in table below (or if the minimum clearance is not available, the area is within the Inspector’s unobstructed line of vision).

 

Area                         Access man hole (mm)             Crawl space (mm)                Height

Roof exterior                                                                                                                   AS PER THE NEW HEALTH AND SAFETY REGULATIONS.

Roof space              450 x 400                                        600 x 600                                 Access from 3.6m ladder

Sub floor                 500 x 400                                    Vertical clearance*
                                                                                       Concrete floor 500
                                                                                       Timber floor 400

* From underside of bearer.

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