1.0 Purpose of Report
1.1 IBIS 2021 Ltd (“IBIS”) agrees to prepare a report (“the Report”) for the person who has requested the report (“the Customer”) based on the findings of a visual inspection of the building inspected (“the building”) performed by IBIS. In the report, IBIS will provide general comments on the condition of the building as at the time of inspection.
2.0 Visual Inspection Only Disclaimer
2.1 This is a report of a visual only, non-invasive inspection of the areas of the building which were 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).
2.2 As the purpose of the inspection was to assess the general condition of the building based on a limited visual inspection described in 2.1, 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.
2.3 You accept that IBIS will not detect some faults because:
2.3.1 The fault only occurs intermittently.
2.3.2 Part of the building 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).
2.3.3 The type of weather that would normally reveal the fault is not prevailing at / or around the time of the inspection.
2.3.4 The fault has been deliberately concealed.
2.3.5 Furnishings, pictures and/or the like are obscuring the fault.
2.3.6 We have been given incorrect information by you, the vendor, real estate consultant or any other person.
2.3.7 The fault is/was not apparent with a visual inspection.
2.4 Reasonable Access to be provided.
2.4.1 You agree to ensure that reasonable access can be gained to the property, including but not limited to the roof cavity and floor spaces and any such spaces if they exist are cleared for an inspection to be carried out.
2.4.2 “Reasonable Access” means that it is safe, unobstructed and which has a manhole of 450mm x 400mm and minimum clearance of 600mm X 600mm for a roof cavity access and subfloor manhole of 500mm x 400mm with a vertical clearance of 400mm minimum from ground to underside of bearer and 500mm from concrete for a floor cavity, as per “NZS 4306 2005 Residential Property Inspection”.
2.4.3 For safety reasons, access to the exterior of any roof surface for inspection purposes will only occur if (a) the weather is fine; (b) the roof is dry; (c) the roof slope does not exceed 20°; (d) the roof is safely accessible from a 3.8m ladder and (e) the IBIS inspector considers the conditions to be safe on the site at the time.
2.4.4 Any area of the property that cannot be reasonably accessed will not be inspected and will be excluded from the report. The report will state the areas that could not be inspected.
3.0 Concealed and Latent Defects
3.1 IBIS will not assess, and is not liable for, loss arising from defects concealed by walls or linings, or within areas of the building that cannot be accessed due to the lack of inspection hatches.
3.2 IBIS will not assess, and is not liable for, loss arising from defects arising from latent defects in the building or in fixtures or fittings attached to the building; the soundness of the structure of the building; or the presence of any Borer, other pest infestation, or any other hidden defects.
4.0 Asbestos / Chemicals
IBIS will not assess the presence of asbestos or the presence of and or use of or manufacture of any chemical substances (e.g. Drugs) in the building/property.
5.0 Water Damage
IBIS does not agree to use a water meter in inspecting the building unless specifically requested to do so by the customer. Where IBIS uses a water meter in inspecting the building, it will use only a non-invasive water meter. IBIS will not assess & is not liable for, loss arising from lack of wall/cladding cavities in the building or for loss arising from the use of a cladding cavity system in the building.
6.0 Structure, Electrical Wiring, Appliances and Plumbing
IBIS will not assess and is not liable for defects relating to the structure, electrical wiring, plumbing, gas piping, or home heating of the premises as our consultants are not qualified to assess such facilities. IBIS can arrange for these areas to be inspected by an appropriately qualified expert at the customers request and at the customer’s expense.
7.0 Compliance with Legislation and Building Standards
7.1 IBIS will not assess and is not liable for loss arising from non-compliance with the NZ Building Code included without limitation the codes weathertightness requirements, or structural aspects. On request IBIS can arrange an inspection by an appropriately qualified expert at the customer’s expense to assess compliance with the New Zealand Building Code.
7.2 Nothing in the Report is to be construed as support by IBIS for the use of any non-approved appliances (including swimming pools and spas). IBIS recommends that any such non-approved appliance be removed or replaced with an approved appliance, and that all required consents be obtained before installation.
8.0 Use of the Report
8.1 The Report is prepared for private and confidential use only by the Customer.
8.2 The Report may not be copied, reproduced or passed on, in whole or in part, in any form whatsoever unless specifically authorised in writing by IBIS. Where IBIS prepares the report for a Vendor selling the building, the Vendor may give a copy of the Report to any prospective purchaser of the building. The format and the content of the report remains the property of IBIS 2021 Ltd.
8.3 The Report may not be used or relied upon by any person other than the Customer unless specifically authorised in writing by IBIS.
8.4 IBIS is not liable for any reliance placed on the Report, or any direct, indirect or consequential loss suffered by any person other than the Customer.
8.5 The ”shelf life” for IBIS 2021 Ltd. property reports used for lending purposes, insurance, sales, and purchase are key in ensuring that all the information remains pertinent and relevant to the building and so all reports have a production date and an end date of not more than 90 days from the inspection date of the report before the contents are not able to be relied upon by any 3rd party user.
9.0 EQC Scope of Work
Where an EQC scope of works has been provided to the building inspector prior to (or at the time of) the inspection of the property, the scope of works may be reviewed and commented on in the building report. However, the building inspection is a visual non-invasive inspection of the property as at the time of the inspection. The building inspector cannot comment on the reasonableness of any repairs that have been carried out in accordance with the EQC Scope of Work nor whether any repairs have been carried out which would not be obvious on a visual and non-invasive inspection. The building inspector relies on the information provided by the client. The building inspector takes no responsibility for ensuring that all EQC scope of works for the property have been reviewed. Any EQC scope of works which have not been reviewed and/or any aspect of an EQC scope of works that are unable to be inspected are not referred to in the building report and the client will need to carry out their own due diligence in this respect.
10.0 LIM Report
The building inspector has not reviewed a LIM report nor inspected the Council file in relation to the property and is unable to provide advice as to the content of any LIM report.
The building inspector recommends that the client obtain independent legal advice in relation to all aspects of the LIM report.
11.0 Consumer Guarantees Act 1993
Nothing in these terms shall be deemed to exclude or restrict any rights or remedies the Customer may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 unless Customer intends to use the Report for business purposes.
12.0 Limitation of Liability
12.1 Subject to clause 9, where permitted by law:
If the Customer intends to use the Report for business purposes, the guarantees under the Consumer Guarantees Act 1993 do not apply;
b. IBIS, its employees and agents exclude all statutory and common law conditions, guarantees and warranties; will not be bound by any representations made unless they are in writing; and will not be liable to the Customer for any claim for breach of Statute or breach of duty in Tort (including negligence) or for any claim in Equity or otherwise at law for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential in respect of the services provided under this agreement except where it is due to the gross negligence or wilful default of IBIS, its employees or agents; and
c. The Customer’s sole remedy against IBIS will be limited to breach of contract and IBIS’s sole and total liability for any such claim shall be limited to the amount of the Report fee in relation to the services provided.
13.0 Payment
13.1 The Customer will pay all sums due to IBIS in full without deduction of any nature whether by way of set off (legal equitable or otherwise), counter claim, or otherwise within 10 working days of delivery of the Report (“the due date”).
13.2 If the Customer fails to make payment by the due date, then IBIS may, in addition to any other remedy, charge penalty interest on the amount not paid at a rate of 2.5% per month.
13.3 The Customer will pay all costs and disbursements (including debt collection agency costs and legal costs on a solicitor-client basis) incurred by IBIS in recovering or attempting to recover any amounts outstanding under this agreement.