Terms and Conditions of Building Inspection Services

1General Terms

1.1These terms explain the residential building inspection services provided by PRO CHECK Building Reports Christchurch Ltd (“PRO CHECK”, “we”, “us” or “our”).

1.2These terms apply to all bookings, whether made through our website, by phone, text message, email or any other channel. We will provide a copy or link before you confirm your booking. By confirming after having a reasonable opportunity to review them, you agree to these terms.

1.3Our inspections are undertaken with reference to NZS 4306:2005 Residential Property Inspection, within the agreed scope of services.

1.4An inspection is a visual, non-invasive assessment of building components that are reasonably accessible at the time.

1.5Our aim is to identify significant visible defects and other relevant concerns within the agreed scope. An inspection cannot identify every defect or potential issue.

1.6Nothing in these terms takes away any rights or remedies that cannot be excluded under New Zealand law.

2Definitions

Client or “you”

The individual or organisation identified as the commissioning client in the booking confirmation.

Inspector

The person carrying out the inspection on behalf of PRO CHECK.

Property

The dwelling, associated buildings and other areas included in the agreed inspection scope.

Inspection Report

The written report prepared following the inspection.

Reasonable Access

Access that is reasonably available and safe, taking into account NZS 4306:2005, physical obstructions, site conditions and health and safety considerations.

Significant Defect

A defect that materially affects a building component’s condition, safety, performance or use and warrants attention.

Minor Defect

An issue generally associated with maintenance, normal wear, age or minor deterioration.

Specialist Inspection

An investigation requiring specialist expertise, equipment, testing or invasive procedures beyond the agreed general inspection scope.

3Scope of Inspection

3.1We will confirm the inspection scope with you when arranging the booking.

3.2Depending on the property and agreed scope, areas inspected may include roofing, roof drainage, exterior cladding, windows, foundations, floor levels, roof spaces, subfloor areas, garages, interior rooms and visible building services.

3.3Findings describe the condition of accessible components at the date and time of inspection.

3.4We do not dismantle, remove or damage building materials, fittings, fixtures, wall linings, floor coverings or other components.

3.5Furniture, stored belongings, insulation, wall coverings and other obstructions will not ordinarily be moved or removed.

3.6The inspection is not an engineering assessment, specialist weathertightness investigation, code compliance certification or guarantee of the property’s condition.

3.7If an issue needs further investigation, we may recommend advice from a suitably qualified specialist.

4Access and Inspection Limitations

4.1You are responsible for arranging permission and reasonable access to the property.

4.2Access should be safe and reasonably unobstructed.

4.3The inspector may decline to enter or inspect an area where access is unsafe or impractical.

4.4Restricted areas may include roof spaces, subfloor areas, concealed cavities, roof surfaces and areas behind stored materials.

4.5The report will identify areas within the agreed scope that could not be inspected and explain the relevant access limitations.

4.6We cannot confirm the condition of areas we have not inspected.

4.7However, we will take account of visible evidence in accessible areas that should reasonably indicate a concern, even where the underlying defect is concealed.

4.8If access later becomes available, a reinspection can be arranged for a separately agreed fee.

5Exclusions

Unless expressly agreed in writing, the inspection does not include:

• Invasive or destructive investigations.
• Concealed framing, wall cavities or hidden building components.
• Underground drainage or concealed plumbing systems.
• Specialist electrical or plumbing testing.
• Asbestos identification or hazardous material testing.
• Methamphetamine testing or other contamination testing.
• Pest identification or specialist timber decay investigations.
• Engineering assessments or calculations.
• Building consent or code compliance verification.
• Detailed weathertightness testing.
• Assessment of insulation performance or energy efficiency.
• Identification of every intermittent fault or defect.
• Testing of appliances.
• Detailed assessment of retaining walls, boundary locations or land stability.
• Other specialist investigations outside the agreed scope.

Any additional services and related fees must be agreed separately.

6Moisture Testing and Thermal Imaging

6.1Moisture meters may be used in accessible areas where concerns are suspected or testing is considered appropriate, together with any testing specifically included in the agreed service.

6.2Moisture readings are indicative. Materials, environmental conditions and concealed components may affect the results.

6.3Readings alone do not establish the presence, source or extent of water ingress or concealed deterioration.

6.4Thermal imaging may be used as an additional inspection aid where appropriate or as agreed.

6.5Thermal images show temperature differences. They do not independently confirm moisture intrusion, leaks, insulation defects or concealed damage.

6.6Elevated readings, unusual thermal patterns or other concerns may lead to a recommendation for specialist or invasive investigation.

6.7Normal readings or thermal images do not rule out concealed moisture or water damage.

7Building Services

7.1Electrical installations, switchboards, plumbing, hot water systems and related components are visually inspected only.

7.2Accessible lights, switches, sockets, taps and plumbing fixtures may be checked for basic operation where safe and practical.

7.3These checks are not comprehensive electrical, plumbing, gas or mechanical tests.

7.4We do not certify these systems’ safety, compliance, performance or remaining service life.

7.5Where further testing is needed, it should be carried out by an appropriately qualified tradesperson.

8Client Responsibilities

8.1Please provide accurate information relevant to the property and inspection.

8.2Please arrange access to the areas within the agreed scope, including roof spaces, subfloor areas and garages where applicable.

8.3Where available, please share information about previous defects, alterations, repairs, earthquake damage, insurance claims and other known issues.

8.4Please read the completed report in full, including its limitations and recommendations, and contact us if anything needs clarification.

8.5Where significant concerns are identified, obtain appropriate specialist advice before making decisions about repairs or a property transaction.

8.6The inspection does not replace legal, financial, engineering or other specialist advice.

9Inspection Report and Reliance

9.1The report is prepared for the client identified in the booking confirmation and for the agreed purpose.

9.2It records the inspector’s observations and assessment of accessible components at the time of inspection.

9.3Please read the report as a whole. Comments, photographs or extracts should not be separated from their context or the report’s limitations.

9.4You may share the report with relevant parties involved in the property transaction for information purposes.

9.5Sharing the report does not automatically make the recipient our client or extend the inspection service to them.

9.6Anyone wishing to rely on the report as their own commissioned inspection should contact us to discuss a separate written agreement. This does not remove any responsibility we may have under applicable law.

9.7A purchaser receiving a vendor-commissioned report should consider obtaining their own independent advice or inspection.

9.8The report must not be altered, selectively reproduced or presented in a way that changes its meaning.

10Accuracy and Professional Responsibility

10.1We will carry out the agreed services with reasonable care and skill.

10.2Our findings are based on professional judgement, experience and the evidence reasonably available during the inspection.

10.3Some defects are concealed, intermittent, inaccessible or not reasonably detectable during a visual inspection.

10.4If a defect is discovered later, we will consider whether it could reasonably have been identified within the agreed scope at the time.

10.5This assessment will take account of access, visible evidence, property conditions and the reasonable professional care expected during the inspection.

10.6The report is not a guarantee that the property is free from defects or will not need future repairs or maintenance.

11Responsibility and Your Rights

11.1We take responsibility for providing the agreed inspection services with reasonable care and skill.

11.2If you believe we have missed something or made an error, please contact us so we can review the concern through the process in section 12.

11.3Any responsibility for loss or damage will be assessed in light of the agreed scope, the evidence reasonably available at the time, the circumstances of the concern and applicable New Zealand law.

11.4Inspection limitations do not excuse a failure to exercise reasonable care and skill.

11.5Information provided by others may affect the inspection. We will consider whether any inconsistency or concern reasonably requires further enquiry.

11.6Nothing in these terms removes or limits rights, remedies or responsibilities that cannot lawfully be excluded or restricted.

12Notification of Concerns and Claims

12.1Please notify us in writing as soon as reasonably practicable after discovering an error, omission or other concern about the report.

12.2Please include a description of the concern, photographs and any relevant supporting information or specialist findings available to you.

12.3Please give us a reasonable opportunity to review the matter and, where practical, inspect the relevant area.

12.4Where reasonably possible, preserve relevant evidence and allow us to review the concern before remedial work begins.

12.5You do not need to delay urgent work required for safety, preventing further damage or meeting legal obligations. Where possible, keep photographs, records, relevant removed materials and supporting documents.

12.6We may seek independent professional advice or refer the concern to our professional indemnity insurer.

12.7Reviewing a concern, communicating with you or visiting the property does not, by itself, mean we accept responsibility for the issue.

12.8This process does not prevent you from exercising your rights or seeking other available remedies.

13Dispute Resolution

13.1We will make reasonable efforts to resolve concerns through direct discussion with you.

13.2If a concern remains unresolved, either party may suggest mediation or another mutually agreed process.

13.3Both parties will cooperate reasonably in sharing relevant information and reviewing the circumstances.

13.4This process does not prevent either party from seeking urgent assistance or using an available tribunal or court process.

14Payment Terms

14.1We will confirm the inspection fee, including whether GST is included, before you confirm the booking.

14.2Payment is due when the report is completed unless we have agreed otherwise in writing.

14.3The completed report will ordinarily be released once payment is confirmed, subject to applicable legal obligations.

14.4Additional services or specialist work must be agreed separately, including any additional charges.

14.5If payment remains outstanding, we may seek payment of the amount owing and reasonable collection costs that are legally recoverable.

14.6Any interest or late-payment charges must be expressly agreed in advance and comply with applicable law.

15Cancellation and Reinspection

15.1Please give us as much notice as possible if you need to cancel or reschedule. You may contact us by phone, text message or email.

15.2Cancellations made at least 24 hours before the scheduled inspection start time are free of charge. For cancellations made less than 24 hours before that time, a cancellation fee of NZ$180, including GST, may apply. We may reduce or waive this fee depending on the circumstances, the reasonable loss arising from the cancellation and whether we can fill the appointment.

15.3If you cancel after the inspection has started, we may charge for work already completed and other reasonable, unavoidable costs or losses. We will take account of costs saved and will not also charge the cancellation fee in clause 15.2 for the same cancellation.

15.4If the inspection cannot proceed because agreed access has not been arranged, a reasonable call-out or cancellation charge may apply where disclosed and agreed in advance. We will not charge twice for the same cost or loss.

15.5Reinspections and additional site visits are separate services, with fees agreed before proceeding.

15.6If we need to cancel or postpone, we will contact you promptly to arrange another suitable time. If a suitable time cannot be agreed, we will refund any payment for services not provided.

15.7Nothing in this section limits any cancellation or refund rights you have under applicable law.

16Ownership and Use of Reports

16.1Copyright in the report, photographs and original inspection material remains with PRO CHECK unless otherwise agreed in writing.

16.2Once payment is made, you may use the report for its commissioned purpose, including reasonable sharing in connection with the relevant property transaction.

16.3The report must not be altered or presented in a misleading or incomplete way.

16.4We may retain inspection records, photographs and related documents for business, professional, insurance and legal purposes, subject to applicable privacy requirements.

17Recommendations and Further Investigations

17.1Recommendations are based on observations made during the inspection.

17.2Advice about repairs, maintenance and further investigation is intended to help you understand and respond to identified concerns.

17.3Where specialist investigation or remedial work is recommended, please obtain advice from suitably qualified professionals.

17.4Independent contractors and specialists engaged by you are responsible for their own services and workmanship. This does not remove our responsibility for our own inspection service or advice.

17.5Consider the report findings and obtain any necessary further advice before proceeding with a property purchase or sale.

18Changes in Property Condition

18.1The report reflects the property’s condition at the date and time of inspection only.

18.2Conditions may change because of weather, occupancy, maintenance, deterioration, movement, alterations or other events.

18.3The report does not guarantee the future condition or performance of any building component.

18.4If significant time has passed or the property’s condition has changed, a further inspection may be appropriate.

18.5These time-related limitations do not remove responsibility for an error or omission in the original service where responsibility otherwise arises.

19Privacy and Confidentiality

19.1We collect and retain personal information reasonably needed to provide services, manage bookings, issue invoices and maintain inspection records.

19.2We will handle personal information in accordance with applicable New Zealand privacy requirements.

19.3Information may be shared with professional advisers, insurers, service providers or authorities where reasonably necessary and permitted or required by law.

19.4Reports will not ordinarily be released to unrelated third parties without your authorisation, unless disclosure is permitted or required by law.

19.5Please contact us if you have questions about your personal information or wish to request access to it or correction of it.

20General Conditions

20.1These terms are governed by New Zealand law.

20.2If part of these terms cannot be enforced, the remaining provisions will continue to apply where possible.

20.3Any agreed changes to the inspection scope or these terms should be recorded in writing.

20.4The version of these terms provided and accepted when the booking is confirmed applies to that booking, together with any separately agreed written changes.

20.5The report is not a property valuation, engineering certification or recommendation to purchase or sell the property.

20.6Nothing in these terms limits rights or remedies that cannot lawfully be excluded or restricted.

21Acceptance of Terms

By confirming your booking after receiving these terms and having a reasonable opportunity to review them, you acknowledge that:

• The inspection is visual and non-invasive.
• It is limited to reasonably accessible areas within the agreed scope.
• Concealed, inaccessible or intermittent defects may not be identified.
• The report reflects conditions at the time of inspection.
• Specialist investigations may be necessary.
• The report is prepared for the commissioning client and agreed purpose.
• The payment, cancellation and other arrangements in these terms apply, subject to your rights under New Zealand law.

Please contact us before confirming your booking if you have questions about the service or these terms.

22Contact Information