Terms and Conditions for Smart Building Inspections Limited

trading as Smart Building Inspections (“SMART”)

1. The purpose of the report is to inform the client about the overall general condition of the building and associated weathertightness risk features of the dwelling.
2. Subject to payment, the report is only for the use of the client to whom the report is addressed and may not be used by others without SMART’s prior written permission. SMART shall not be liable to any unauthorised third party who may act or rely on the contents of the report.  Nothing previously stated in this clause will limit the ability of SMART to provide the same or similar services to another client, or to reproduce all or part of the report for another client.
3. The report is limited to advising on the condition of the building elements based on a visual and non-invasive assessment.  The inspector will make a reasonable attempt to identify any significant defects and while some minor defects may be noted; the client acknowledges that it is unrealistic for the inspector to comment on all minor imperfections.
4. The report is based on a visual only, non-invasive inspection of the areas of the building that are fully accessible and visible to SMART 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.
5. If the property is a Unit Title property, the inspection and Report is limited to the actual specified unit and does not extend to the remainder of the building complex or any common areas.
6. The client agrees to provide SMART with reasonable access to the building and its elements and prior to inspection agrees to clear any obstructed spaces or cavities.  The client acknowledges that any space that is not accessible due to obstructions will be excluded from the scope of the inspection.
7. 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.
8. 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.
9. 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.  No other warranty, expressed or implied, is made as to the advice presented in the report.
10. 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.
11. A capacitance moisture meter will be used throughout the inspection which is a non-invasive investigation tool that provides moisture content readings.  This type of meter is reasonably effective in establishing moisture levels but the readings are indicative only.  For this reason, only a summary of the readings are included within the report if no excessive moisture is detected.  In the event that excessive moisture is detected, the inspector will identify the location and advise whether further invasive investigation should be carried out.  The client acknowledges that a moisture meter is a tool that assists with minimising their risk but its use does not guarantee that a leak or moisture ingress issue does not exist.  Findings are limited to the conditions presented on the day of inspection.  Dry weather conditions and the status of tenancy can potentially prevent moisture from being detected when on other days following recent heavy rainfall, moisture will likely be detectable (if any exists).
12. SMART shall have no responsibility whatsoever for determining either the actual cause of any leak, defect or damage or the resulting remedial action necessary and associated cost estimate.  The client further agrees to refer such investigations to a suitably qualified third party as recommended.
13. 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.
14. As the purpose of the inspection is to assess the general condition of the building based on the limited visual inspection described in Clause 3, 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.
15. 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:
    1. have been correctly constructed;
    2. have had the final coat of waterproofing correctly applied; and
    3. 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).
16. 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.
17. SMART 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.
18. SMART 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.
19. The client understands and agrees that:
    1. 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.
    2. No land survey has been made nor LIM or PIM reports obtained in the preparation of the report.
    3. Parts of the report are based on information and records held by the local authority of the area in which the property is located. SMART accepts no liability for the accuracy of such reports and provides no warranty that such reports are complete.
20. All intellectual property rights, including copyright, in the report and in any photographs or other documents or materials (including in electronic form) prepared by SMART (‘the services product’) will be owned by SMART.  Subject to payment, the client has the right and licence to use the services product for the purpose for which it was prepared by SMART but may not use it for any other purpose without SMART’s prior written permission. SMART is entitled to reproduce all or part of the report for a later client should it wish to do so.

Meth Testing

1. In the event that the owner, owner’s agent, owner’s property manager, tenant or other occupant refuses entry to the property that is to be tested or denies access to the property for the purpose of drug sampling, the client agrees that a fee equivalent to 50% of the quoted price will be payable to SMART unless the testing was booked as part of a bundle package with a full pre-purchase building inspection.  It is recommended that approval for drug testing be sought from your agent or representative in advance of the testing date.
2. SMART is qualified to undertake meth testing and is trained in sampling techniques designed to increase the likelihood that any contamination present in a property will be identified.  However, the client acknowledges that no sampling technique or test can guarantee that contamination will be found as efforts may have been made to mask contamination or contamination may be present but below the surface.
3. In the case of a Laboratory Composite Test being engaged by the client, the client acknowledges that delivery time for the results can potentially vary between 2-5 working days as the timeframe is heavily dependent on New Zealand couriers and independent laboratory staff.  For this reason, SMART will not be held liable for any delay in providing test results.
4. In the case of a Field Composite Test, the client acknowledges that although a Field Composite Test gives an immediate ‘positive’ or ‘negative’ result, the result is presumptive only and is not as precise as a Laboratory Composite Test.
5. All intellectual property rights, including copyright, in the report and in any photographs or other documents or drug sampling material (including in electronic form) prepared by SMART (‘the services product’) or the associated laboratory will be owned by SMART.  Subject to payment, the client has the right and licence to use the services product for the purpose for which it was prepared by SMART but may not use it for any other purpose without SMART’s prior written permission.  In the event of contamination or an associated health risk, SMART may enforce a duty of care and notify other parties.

Payment Terms and Conditions

1. Payment can be made by cash, cheque, Direct Credit, Visa or Mastercard.
2. All prices stated on this website are in New Zealand Dollars and exclude GST
3. The name that will appear on your statement will be SMART Building Inspections
4. Delivery of Service: We will endeavour to conduct the inspection on your requested date, however if this is not possible we will be in touch with you to discuss an alternative date.
5. The client is liable for the full cost of inspection which is payable in full upon the delivery of the report. No refunds will be issued.
6. Smart Building Inspections has the right to charge 2% per month on overdue invoices.  Any collection costs associated with the payment of debt will be added to the invoice.
7. In the event that payment is not made upon delivery, the client will be liable for any and all costs incurred by SMART in recovering the full cost of inspection including all legal fees on a solicitor and client basis and all disbursements incurred.
8. In the event of any dispute or claim arising directly or indirectly out of the report, the client agrees to notify SMART in writing within ten working days of becoming aware of the circumstance giving rise to the dispute or claim. The client further agrees that (with the exception of emergency conditions) no repairs, replacements or alterations of the claimed discrepancy shall be made before SMART 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 SMART of the dispute as stated above shall be a waiver of any and all claims arising directly or indirectly from the report.
9. Address for Service is c/- Level 2, 11-17 Church Street, Queenstown, New Zealand.
10. Smart Building Inspections Ltd is a New Zealand owned company.

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Last updated: 09 December 2019

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