JC Consultants Healthy Homes Terms and Conditions
Scope of Inspection – Visual Inspection Only
a. The scope of the Inspection is limited to a visual Inspection of the is a visual inspection of the five aspects of a property in accordance with the Residential Tenancies (Healthy Homes Standards) Regulations 2019. These regulation are made under section 138B of the Residential Tenancies Act 1986.
b. The five aspects of the Healthy Homes Regulations 2019 are as follows:
Heating
Insulation
Ventilation
Moisture ingress and drainage
Draught stopping
2. Reasonable access to be provided
a. 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.
b. “Reasonable access” means access that is safe and unobstructed.
3. Inspection and Report Scope and Limitation
a. This inspection and report relates only to the five aspects under subparts 2 - 6 specific to the Residential Tenancies Healthy Homes Standards (HHS) Regulations 2019, being insulation, heating, ventilation, moisture exclusion, drainage, and draught control for rental homes. The purpose is to identify and document compliance or issues with these five aspects of the HHS.
b. This is not an all-encompassing report dealing with the property from every aspect.
c. This is not a building survey under the property inspection Standard NZS4306:2005.
d. The HHS inspection and report is a prescriptive, limited scope inspection and report that relates only to the compliance requirements set out within the HHS. There could be other identifiable issues with the home that may affect the health and wellbeing of the occupants, however this falls outside the scope of the HHS inspection and will therefore not be covered. This report should be seen as a reasonable attempt to identify compliance needs or issues, specific to the HHS in a residential property within the identified scope, at the time of the survey.
e. We are unable to carry out any probe or destructive testing, nor move any furnishings or appliances, in a visual inspection. Accordingly, the client recognises that defects may become evident as items are moved, or invasive or remedial investigation is undertaken.
f. The report expresses the opinions of the Inspector, based upon his visual impressions of the conditions that existed at the time of the inspection only.
g. 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. No disassembly of equipment, opening of walls, moving of furniture, appliances or stored items, or excavation was performed. All components and conditions, which by the nature of their location are concealed, camouflaged or difficult to inspect, are excluded from the report.
h. Systems and conditions which are not within the scope of the inspection include, but are not limited to the identification of: formaldehyde, lead paint, asbestos, toxic or flammable materials, and other environmental hazards; pest infestation, playground equipment, internal or underground drainage or plumbing, any systems which are shut down or otherwise secured; cosmetics or building code conformity. Any general comments about these systems and conditions are informational only and do not represent an inspection.
i. Other than for the purposes relating to the HHS, the inspection report should not be construed as a compliance inspection of any governmental or non governmental codes or regulations. The report is not intended to be a warranty or guarantee of the present or future adequacy or performance of the structure, its systems, or their component parts. This report does not constitute any express or implied warranty of fitness for use regarding the condition of the property and it should not be relied upon as such.
j. Any opinions expressed regarding adequacy, capacity, or expected life of components are general estimates based on information about similar components and occasional wide variations are to be expected between such estimates and actual experience.
4. Inspectors have no personal interest
a. We certify that our Inspectors 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.
5. Disputes
a. Should any dispute arise as a result of the inspection or report, it must be submitted to us in writing immediately.
b. 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.
c. 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.
d. Any complaints will be subject to our internal complaints process.
6. Limitation of Liability
a. 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. Disclaimer
a. 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 in line with the Healthy Homes Regulation 2019. 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).
b. The inspection did 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.
8 Terms of Trade
In consideration for us providing you with the Inspection and report, you agree:
a. Payment is due prior to the survey being undertaken and report released. Accounts not paid by the due date shall incur a late payment interest charge of 15% of the total amount owing for each calendar month the account is overdue, together with all debt collection costs.
b. We have no responsibility or liability for any cost, loss or damage arising from:
i. any errors or omissions from information, data or documents not prepared by us, our employees, or other persons under the direct control of us;
ii. any act or omission, lack of performance, negligent or fraudulent act by you;
iii. 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.
c. That all commercially sensitive information obtained by either party during the preparation of the report shall remain confidential.
d. The contents of the report, or any other work prepared by us is confidential and has been prepared solely for the owner of the property 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.
e. Where the content of any report is relied upon for industry research or evaluation purposes, such research or evaluation shall not include any information that may allow for the identification of any property or any personal information included in the report in any way.
f. 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.
g. 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 Napier, New Zealand, regardless of the location of your place of business/residence.
9. Cancellation Fee
If you cancel the inspection you agree, in consideration for us arranging a time for the inspection, to pay us a cancellation fee equal to the full cost of the inspection and report, provided however that if we have received twenty-four hours' (one full working day) written notice of cancellation no fee will be payable.
10. General
Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockdown, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.
I/we have read the above Terms and Conditions and by filling out the details in the boxes below I/we agree to be bound by them.